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MMD2004-00015 MAID2QQ \ 00015 4C4 TACOS TRUCK' 4411°) CITY OF TIGARD September 7, 2004 OREGON Armando Palcios 12920 SW 121st Avenue Tigard, OR 97223 RE: ACA Tacos Truck Minor Modification Request, Case File No. MMD2004-00015 Dear Mr. Palcios: This letter is in response to your request for a Minor Modification (MMD2004-00015) of the existing site development located at 11900 SW Pacific Highway, WCTM 2S102AA, Tax Lot 00101. You have requested to modify the approved site plan by displacing a parking space to accommodate a mobile food serving vehicle (taco cart). The submitted site plan reflects the current conditions as well as the proposed modifications. 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 proposal includes eliminating one parking space from the site in order to permanently park the food preparation truck. The present use of the property (auto servicing and repair) requires 2.0 spaces per 1,000 gross square feet, with no fewer than four spaces. The building size is 3,500 square feet, thereby needing 7 parking spaces. The proposed mobile food vehicle use is approximately 168 square feet. The required parking for this use is 9.9 spaces per 1,000 square feet or 2 designated spaces. The parking spaces on the site are not clearly marked, and as such are impossible to verify whether they meet current standards, or if there are enough spaces available to meet this criterion. You have indicated that the hours of operation for the auto repair and the taco cart will not overlap, so it is conceivable that there is adequate room on site for the required parking. However, with the inability to determine whether there is sufficient parking for the existing use, staff is unable to allow a change that may require additional parking. Therefore, the following limitations must be imposed: A. The applicant shall submit a plan drawn to scale showing how a minimum of 7 parking spaces will be provided. Once approved by staff, the applicant/ owner shall paint these new parking spaces to provide a total of 7 parking spaces. Three of these spaces may be designated as "compact" and measure 7.5 feetX16.5 feet. The Page 1 of 3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 remainder shall be 8.5 feet X 18.5 feet. If angled parking is utilized, please refer to the enclosed matrix. B. The applicant shall sign and agree that the hours of operation for the Mobile Food Service Vehicle will not overlap with the hours of operation for the auto repair business. The Mobile Food Service Vehicle shall not be stored in the parking area during normal business hours for the auto repair business. With the imposition of these limitations, additional on-site parking is not required. 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 buildings 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 existing building that will affect the height. 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. This request will result in a requirement that parking spaces be marked. However, no changes to the access points, driveway aisles, or location of remaining parking will be allowed from this site modification. This standard 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 applicant is proposing to occupy the site between 6 and 11 PM. The applicant has indicated that there will not be an addition of traffic of this magnitude during the limited time period. 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. The proposal will not increase the square footage of the building. The addition of the cart will add 168 square feet or 5%. Therefore, this standard is met. 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. The proposal will be a temporary displacement of parking during after business hours on the site. The nature of this request is temporary and therefore no reduction will occur. No open space will be affected by the proposal. 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. The proposed modifications to the site will not reduce or eliminate project amenities. Recreational facilities, screening, and landscaping will not be detrimentally affected. Therefore this criterion is met. 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. This request will not affect compliance with any specific previous conditions of approval. Prior to establishing the business, the applicant shall complete the following requirements: A. The applicant shall submit a plan drawn to scale showing how a minimum of 7 parking spaces will be provided. Once approved by staff, the applicant/ owner shall paint these new parking spaces to provide a total of 7 parking spaces. Three of these spaces may be designated as "compact" and measure 7.5 feetX16.5 feet. The remainder shall be 8.5 feet X 18.5 feet. If angled parking is used, please refer to the enclosed matrix for required dimensions. Page 2 of 3 B. The applicant shall sign and agree that the hours of operation for the Mobile Food Service Vehicle will not overlap with the hours of operation for the auto repair business. The Mobile Food Service Vehicle shall not be stored in any of the seven required parking spaces during normal business hours for the auto repair business. THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO THE FOLLOWING LIMITATIONS. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. 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 i:\curpin\morgan\workspace\mmd\mmd2004-00015(aca tacos)doc Page 3 of 3 concrete, asphalt or low lying landscape material that does not exceed the height of the wheel stop. This area cannot be calculated to meet landscaping or sidewalk requirements. K. Drainage. Off-street parking and loading areas shall be drained in accordance with specifications approved by the City Engineer to ensure that ponds do not occur except for single-family and duplex residences, off-street parking and loading facilities shall be drained to avoid flow of water across public sidewalks. L. Lighting. A lights providing to illuminate any public or private parking area or vehicle sales area shall be arranged to direct the light away from any adjacent residential district. M. Signs. Signs which are placed on parking lots shall be designed and installed in accordance with Chapter 18.780,Signs. N. Space and aisle dimensions. (Figure 18.765.1) FIGURE 18.765.1 OFF-STREET SURFACE PARKING MATRIX Required Space and Aisle Dimensions in Feet COMPACT STANDARD A B C D E F G B C D E F G 7.50 15.5 13.0 10.61 44.0 2.0 8.5 17.5 13.0 12.0 48.0 2.0 7.75 15.5 12.0 10.96 43.0 2.0 9.0 17.5 12.0 12.7 47.2 2.0 450 7.75 15.5 11.0 10.96 42.0 2.0 9.5 17.5 11.0 13.4 46.0 2.0 8.00 15.5 11.0 11.32 42.0 2.0 10.0 17.5 11.0 14.1 46.0 2.0 7.50 17.0 18.0 8.62 48.0 2.5 8.5 19.0 18.0 9.80 56.0 2.5 7.75 17.0 16.0 9.01 46.0 2.5 9.0 19.0 16.0 10.4 54.0 2.5 60° 7.75 17.0 15.0 9.01 54.0 2.5 9.5 19.0 15.0 11.0 53.0 2.5 8.00 17.0 14.0 9.20 44.0 2.5 10.0 19.0 14.0 11.6 52.0 2.5 7.50 17.5 25.5 7.73 60.5 2.5 8.5 19.5 25.5 8.80 64.0 2.5 7.75 17.5 23.0 7.99 58.0 2.5 9.0 19.5 23.0 9.30 62.0 2.5 750 7.75 17.5 22.0 7.99 57.0 2.5 9.5 19.5 22.0 9.80 61.0 2.5 8.00 17.5 21.0 8.25 56.0 2.5 10.0 19.5 21.0 10.3 60.0 2.5 7.50 16.5 28.0 7.50 61.0 3.0 8.5 18.5 28.0 8.50 65.0 3.0 7.75 16.5 26.0 7.75 60.0 3.0 9.0 18.5 26.0 9.00 63.0 3.0 90° 7.75 16.5 25.0 7.75 59.0 3.0 9.5 18.5 25.0 9.50 62.0 3.0 8.00 16.5 24.0 _ 8.00 58.0 3.0 10.0 18.5 24.0 10.0 61.0 3.0 Stall width dimensions may be distributed as follows: 50%standard spaces,50% compact spaces. All compact spaces shall be labeled as such. A A Parking Angle B Stall Width B C Stall Depth(no bumper overhang) E T D Aisle Width Between Stall Lines(5) F 0 E Stall Width Parallel to Aisle 1 `T F Module Width(no bumper overhang) G Bumper Overhang Off-Street Parking and Loading Requirements 18.765-7 Code Update: 04/02 APPLICANT MATERIALS -, MINOR MODIFICATION • '!i!+' TYPE I APPLICATION CITY-drTIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION Property Addres Location(s): j19vv �'4) , -elt jiC' , #� d/ 1,7��5 FOR STAFF USE ONLY Tax Map &Tax Lot#(s): L�(O2/9-/4 00/0 / Case No.(s): M MptVa'-1 - 070 15 Site Size: / (Lc._ - Other Case No.(s): Applicant*: f-lLR 7Ae0� 414411"i140 Pet.(it or Receipt No.: 'a9t{•3111 Address: ' 29.2O SW 11.1ST \k)` Application Accepted By: CC. . City/State: `T∎c P, 0 042_. Zip: Qt"-1 7 -2_--4, Date: 6l L%y Primary Contact: / • Phone: j.;O;�/ij("Z I��CL1‘041 Fax: Date Determined Complete: // "/° i Propert fi Deed Holder(s)*: (Attach list if more than one) Rev.7/1/04 is\curpin\masters\revised\minormod.mst /Li/ , L.& Address: //9,1 6",4) -C'r4' %ne.,..&-SY --- 'Ot' City/State:7 , •i,,.J OA' Zip: Q " j 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 a Application Form form or submit a written authorization with this application. Owner's Signature/V1/ritten Authorization PROPOSAL SUMMARY The owners of record of the subject property request permission for a Title Transfer Instrument or Deed 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 ite/Plot Plan (reduced 8'/2"x 11") 18.120.070(B) of the Tigard Development Code. If the modification exceeds the maximum allowed under any one or more of the Applicant's Statement (3 copies) • 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 response to each criteria. Jurisdiction: ❑ City ❑ Urb 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. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. proposed change complies with the underlying 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 S. 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 affected. site expansion will continue to comply with the •7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 minimum setback, building height, parking land 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% exduding 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 re•uest does not violate an deed restrictions that ma be attached to or im•osed u•on 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 g /3 1 — day of , 20 Owner's Signature Owner's Signature Owner's Signature Owner's Signature CITY OF TIGARD 8/20/2004 13 125 SW Hall Blvd. 3:37:29PM Tigard,Oregon 97223 , ► _i � (503) 63 9-4 17 1 Receipt #: 27200400000000003721 Date: 08/20/2004 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2004-00015 [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 Pr" CreditCard ARMANDO PALCIOS CAC 050185 In Person 461.00 Payment Total: $461.00 Page 1 of 1 cReceipt.rpt • r n REAL ESTATE CONTRACT DATED: November , 2002 SEND TAX STATEMENTS TO: Sammy Lee 11900 SW Pacific is Highway Tigard, Oregon 97223 AFTER RECORDING RETURN TO: Anderson & Dittman, LLP 8865 SW Center Street Tigard, Oregon 97223 BETWEEN: Merlinda Hoffarber as Personal Representative Sammy Lee& Nam Soon Nam, of the Estate of Ray Albert Hoffarher husband and Wife 8865 SW Center Street 11900 SW Pacific Highway Tigard, Oregon 97223 Tigard, Oregon 97223 Seller Purchaser THE TRUE AND ACTUAL CONSIDERATION IS $200,000. Seller owns the real property located at 11900 SW Pacific Highway, 'Tigard, in • Washington County, Oregon, and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein. Seller agrees to sell the Property to Purchaser and Purchaser, Sammy Lee & Nara Soon •Nam, husband and wife, agrees to buy the Property from Seller for the price and on the terms and conditions set forth below. Section 1. Purchase Price; Payment 1.1 Total Purchase Price. Purchaser promises to pay to Seller the total purchase price for the Property the sum of Two Hundred Thousand Dollars ($200,000). Page ! -REM.IFSTA'IE(i)N'rRAC r An 1 rJ c re\se. 1 r o welt;r,9 ( i# Ckr.S 1-k--/ 0 r 10A. 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