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MMD2003-00004 MMD 2003 00004 BIG TOWN HERO March 13, 2003 CITY OF TIGARD Big Town Hero Attn: Stuart Tremayne OREGON 5100 SW 149`h Avenue Beaverton, OR 97007 Dear Mr. Tremayne: This letter is in response to your request for Minor Modification (MMD2003-00004) approval to change an existing retail use (nutrition center) to an eating and drinking establishment (Big Town Hero). The subject property is located at 11571 SW Pacific Highway (WCTM 1S136DB, Tax Lot 00201) in the Fred Meyer retail center. The Tigard Community Development Code, Site Development Review Section, states; "if the requested modification meets any of the major modification criteria, that the request shall be reviewed as a new Site Development Review application." Section 18.360.050.B. 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. No residential development is associated with the modification request. Therefore, this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. The requested modification does not involve a residential property. A change that requires additional on-site parking in accordance with Chapter 18.765. The request is a change of use from general retail to eating and drinking establishment. Minimum parking for general retail is calculated at 3.7 parking stalls per 1,000 square feet. Eating and drinking establishments are calculated at 9.9 parking stalls per 1,000 square feet. Based on the square footage of the subject space, (1,280 square feet) the previous retail use was required to provide 5 parking stalls. The proposed eating and drinking establishment is required to provide 13 parking stalls. The difference between the two uses is 8 parking stalls. There are currently 556 parking stalls located on-site. Based on SDR2000-00018, the Fred Meyer Remodel, the site was required to provide 608 parking stalls. However, based on a parking analysis prepared by Lancaster Engineering, the applicant received a reduction to the minimum parking requirement to 556 spaces through a Type development adjustment, thus eliminating the non-conformity. The parking analysis concluded that occupied parking stalls at the peak period on a Saturday were 358 stalls. The parking study allowed for a 10 percent increase in parking demand as a result of the remodel, which would then require approximately 400 parking stalls. The existing 556 parking stalls is a 64 percent increase to that needed at the peak period (156 additional to the demand). Therefore, based on the information in the parking analysis, the additional 8 parking stalls, can be easily accommodated within the existing 556 parking stalls and the applicant for this minor modification is not triggering the need for additional on-site parking. 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 Page 1 of 3 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. According to the 1997 Oregon Structural Building code, a "B" occupancy is defined as, "A building or structure, or a portion thereof, for office, professional or service-type transactions, including storage of records and accounts; eating and drinking establishments with an occupant load of less than 50." The subject space is changing from a retail service-type use to an eating and drinking establishment. Therefore, there is no change in the type of commercial structure as defined by the Uniform Building Code. 5. An increase in the height of the building(s) by more than 20 percent. No increase in building height is proposed with this modification. Therefore, this standard does not apply. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. This request will not require a change in accessways or parking areas where off-site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. No change in traffic to and from the site can be expected. Therefore, this standard does not apply. 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. No increase in floor area is proposed with this application. 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. The applicant is requesting a change of use with no structural change in the subject space. Therefore, no reduction in open space is proposed. 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 requested modification will not cause a reduction in project amenities. Therefore, this standard does not apply. 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 proposed modification has not altered the original use of the site. Therefore, this standard does not apply. 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, or injurious to surrounding properties, provided that development which occurs after this decision complies with all applicable local, state, and federal laws. This request for Minor Modification approval is hereby granted. Page 2 of 3 If you need additional information or have any questions, please feel free to call me at (503) 639-4171, ext. 2437. Sincerely, e'--- _e-r -lc'--_ .'' ,7 athew Scheidegger �` Assistant Planner i:\curpl\Mathew\minmod\2003-00004 c: Fred Meyer Stores Attn: Janine Nys, Tenant Project Manager PO Box 42121 Portland, OR 97242-0121 MMD2003-00004 Land use file Page 3 of 3 APPLICANT MATERIALS Alb MINOR MODIFICATION �(t TYPE I APPLICATION cT I1 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 CITY OF TIGARD 9 GENERAL INFORMATION r7 Pro erty Address/Location(s): /� 3u, �t . tT bL - i��ili�l'' 'e 1i O.rA , cK `17 '2 3 Tax M�p &Tax Lot#(s): I F! 36 pf 00) O I FOR STAFF USE ONLY Site Size: kl.a -I�Ob1 6-_ �';226//fhanf Seth-s /, a l Si Case No.(s): 1` ' �1 V Z.-i:='3 -- 0 q Applicant*: 3/ / 01.--',01.--',%-1/ I t2 Other Case No.(s): 5 -�► Receipt No.: �c 3 _ko ?Li 2 Address: 5/cc 5s-J /y 7t - ��- CityiState: 13 -/-? =-'L-72-7-- Zip: 2' 7 = 7 Application Accepted By: Primary Contact: 57-4//"#/7-- r - 72if- I3Yi`-'LE Date: *V() 3 Phone: r S E- y.) of %/ Fax: Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete: I-CeCt Meier 111 . Rev.7/22/2002 is\curpin\masters\revised\minormod.mst Address: .3SCc I sr �� " Phone:(CO3)-797- 35-06 City/State: C?(1-1 l ah 4 A CA Zip: /7g 07- REQUIRED SUBMITTAL ELEMENTS *When the owner and the applicant are different people, the applicant (Note: applications will not be accepted must be the purchaser of record or a lessee in possession with written without the required submittal elements) 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 form or submit a written authorization with this application. C] Application Form PROPOSAL SUMMARY El Owner's Signature/Written Authorization The owners of record of the subject property request permission for a n Title Transfer Instrument or Deed Minor Modification. To review a modification as a Minor `r' Modification, the Director must first find that the expansion does not F� Site Development Plan (3 copies) invoke one or more of the 11 criteria discussed within Section `7° 18.120.070(B) of the Tigard Development Code. If the modification ❑ Site/Plot Plan (reduced 8'/2")< 11") 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 isl Modifications are processed in the same manner as a new Site (Addressing Criteria Under Section 18.360.050(B) Development Review. In a separate letter, please address the CI Filing Fee $435.00 criteria below contained in Section 18.360.050(B) including a detailed response to each criteria. 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 7. An increase in vehicular traffic to and from the site and increase 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 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 1 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 subiect 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, 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 2 fl. ,20 0 ? 'fir i-1` wig `A i_ 7. , 4071n•r's ignature Imo. r-ere 'h v4-� Owner's Signature Owner's Signature Owner's Signature A CITY OF TIGARD 3/4/2003 13125 SW Hall Blvd. 12:36:39PM Tigard,Oregon 97223 ; 11. (503) 63 9-4 17 1 Receipt #: 27200300000000000842 Date: 03/04/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2003-00004 [LANDUS]Minor Modification 100-0000-438000 435.00 Line Item Total: $435.00 Payments: Method Payer User ID Acct./Check Approval No. How Received Amount Paid CreditCard STUART J TREMAYNE KJP 035590 In Person 435.00 Payment Total: $435.00 • Page 1 of 1 cReceipt.rpt What's on your list .Yot'll finditat Fred eyer FRED MEYER STORES P.O.Box 42121 •Portland,OR 97242-0121.3800 SE 22nd Ave.•Portland,OR 97202-2918.503 232-8844•http://www.fredmeyer.com March 3, 2003 City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 RE: MINOR MODIFATION TYPE 1 APPLICATION Big Town Hero @ Fred Meyer Tigard Development II C17 sw PA-(-(F lz 1-1,1 , T . (-A- � o / To Whom It May Concern, In reference to the above mentioned application, please find proposal summary responses outlined below: 1. No increase to dwelling size/no business expansion. 2. No additional dwelling/or ratio changes/or tenants. 3. No additional on site parking needed (verify with tenant architect). 4. The tenant is changing from a nutrition center(retail)use to a sandwich shop (restaurant) use. 5. No changes in building height. 6. No changes in accessways. 7. No increase in traffic to and from site. S. No increase in floor area. 9. No decrease in common area open space—no site work. 10. No reduction of project amenities—no site work. Should you have any questions, please feel free to contact me on (503) 797-3506. Sincerely, FRED •YER STORES, INC. am• J. ine Nys enant Project Manager JLN/afm cc: Shirley Tremayne "Always strive to offer Customers the service,selection,quality and price that satisfies them best." Fred G. Meyer, Founder,1886-1978 l 4 Store#00375 RETAIL LEASE AGREEMENT LANDLORD: FRED MEYER STORES,INC. TENANT: SHIRLEY TREMAYNE Covering space in the Tigard Fred Meyer Development In Washington County,Oregon SUMMARY OF LEASE TERMS 1. Leased Property. Approximate gross floor area in the Property: 1,280 sq.ft. 2. Lease Term. Eighty-four(84) months, commencing with the"Commencement Date," which shall be date Tenant opens for business but no later than April 1,2003. OPTION(S): None 3. Base Rent. The initial base rent is$2,026.67 per month,payable on the first day of each month,subject to periodic adjustment as specified in the Lease. 4. Percentage Rent.6%of Gross Sales,reported on a monthly basis and paid annually. 5. Monthly Charges. Electricity charge billed direct to Tenant by local utility provider, gas charge billed direct to Tenant by local utility provider,sewer and water charge billed direct to Tenant by local utility provider, and common expense charge of $266.67, payable monthly with payments of base rent, subject to periodic adjustment as specified in the Lease. 6. Real Property Taxes. Tenant will pay its proportionate share of taxes and assessments on the Development. The monthly estimated payment will initially be: $83.55. 7. Security Deposit. $2,346.67 as a security deposit,due on execution of this Lease. 8. Tenant's Trade Name. The trade name under which Tenant will conduct business on the Property is as follows: Big Town Hero. 9. Permitted Use. Retail sale and wholesale vending of deli, submarine and other sandwiches. Tenant's permitted use is SUBJECT,HOWEVER,to all restrictions contained in this Lease. 10. Guarantor(s). N/A 11. Other Provisions. 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