MMD2002-00028 MMD2002 00028
BONITA VILLA
APARTMENTS
CITY OF TIGARD
October 24, 2002 OREGON
Ellis Esuck Associates
Attn: Charles Hagen
1230 SW 1st Avenue, Suite 300
Portland, OR 97204
RE: Bonita Villa Apartments Minor Modification Request, Case File No. MMD2002-00028
Dear Mr. Hagen:
This letter is in response to your request for a Minor Modification (MMD2002-00028) of the
existing Bonita Villa Apartment site development located at 7580 SW Boninta Road, WCTM
2S112BD, Tax Lot 100. Bonita Villas, previously "Tiffany Court Apartments" was developed in
1969 before the City of Tigard had a building department. The development was processed
through Washington County, and no City records exist related to the original land use approval.
As you have noted, there are several aspects of this project which are considered non-
conforming, including the density of the project and the number of parking spaces.
Non conforming development may continue so long as it remains otherwise lawful, and that any
changes to the structures do not enlarge or alter the structure in a manner that increases the
degree of the non conformity. The proposed modifications will not increase the number of units
and the changes to the parking area will bring the non conforming parking spaces into
conformance with current dimensional standards. The result of the parking lot changes will
decrease the number of parking spaces (presently below the minimum number required);
however, the City's position is that the present parking spaces are so substandard that they would
not be considered as parking spaces for purposes of meeting the parking requirements. In other
words, while the number of stalls will be decreased, the number of lawfully compliant parkign
spaces will be increased from current conditions. The changes also reflect other current parkign
standards with regard to ADA parking stalls, and access aisle widths.
You have requested site modifications including restriping the parking lot to provide standard
sized parking stalls as well as handicap accessible spaces, changing the on site circulation for
vehicles and pedestrians, improving the accessibility of certain building entrances, and modifying
the landscaping. The submitted site plans reflect the current conditions as well as the proposed
modifications.
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 �'" •
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.
While this is a residential property, no increase to the non conforming dwelling unit
density is proposed. Therefore, this standard is met.
2. A change in the ratio or number of different types of dwelling units. The dwelling
unit mix will also not be changed by this request, as no changes to the apartment units
themselves have been prposed. This standard is met.
3. A change that requires additional on-site parking in accordance with Chapter
18.765. The proposal includes eliminating some parking from certain areas in order to
provide ADA handicap accessible parking stalls. As noted previously, this site is non
conforming with respect to adequate parking; however, the changes will bring the parking
spaces into compliance with dimensional standards. Changing the parking lot does not
in and of itself require the additional parking spaces, but an increase in dwelling units or
bedrooms would. Since no additional dwelling units or bedrooms are proposed, no
additional parking is required by this change. This standard is met.
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 application does propose fairly substantial changes to
parking lot layout, however, these changes are internal to the site and serve to facilitate
better movement and parking through the site. The access points and cueing areas are
unaffected by this proposal. Since off site traffic will not be affected, 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. There is no change to the type or intensity
of use proposed. The modification request is for site and landscaping improvements.
This modification will not generate significant additional vehicle trips. Therefore, this
criterion 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. The proposal will not
increase the square footage of the buildings. 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
Page 2 of 3
or reduces the open space areas by more than ten percent. The proposal will
enhance existing open space areas, and will not decrease the area devoted to open
space. This standard is met.
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. This project also seeks to improve
disability access to several buildings on site. 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. As the Bonita
Villa Apartments were built prior to the City's Site Development Review Process, there
are no prior conditions of approval that may be affected. This standard is met.
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.
Limitations on Minor Modification Approval
This approval is based on the plans and drawings submitted, as well as the statement provided
by the applicant. Substantial deviation from these documents shall render this decision void.
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.
Sincere) ,
.../1/&7.-4--- ZE-....>
Morgan Tracy
Associate Planner
is\curpin\morgan\workspace\sdr\mmd2002-00028(bonita villa).doc
Page 3 of 3
A MINOR MODIFICATION
` ?i TYPE I APPLICATION
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION , , f
Property AddresslLocation(s)-�S q2 0 C LA
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Tax Map & Tax Lot#(s): 2 S 1 1 Z 1317 •C. JO( FOR STAFF USE ONLY
)0114 122A2,- z 0
Site Size: Case No.(s): ! '/ ''
Applicant*:
A S 9 A f. A ter` Other Case No.(s): /�r -
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Address: -) �j 0 Si w V— lie/ �J D Receipt No.: =(1-r-'Z - Ti-I9
City/State: P Imi 4 d Zip: Application Accepted By: itin
Primary Contact: 41111 hilMilma, aid /_l ii Date: ( C/ 3/C0-_.,
Phone: rl.�)-3 6q L 3 . ax: '1.-1 0 2 6/
Property Owner/Deed Holder(s)*: (Attach list if more than one) Date Determined Complete: /0/0/07.
LOST a l'aV) c! r"Y {i �, V sauces Rev.7/22/2002 i:\curpin\masters\revised\minormod.mst
Address: �L I� `�.__L O Jt v Phone:
City/State:d(.us LD 72'r d K Zip:
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. ❑ Application Form
PROPOSAL SUMMARY ❑ Owner's Signature/Written Authorization
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
Modification, the Director must first find that the expansion does not ❑ Site Development Plan (3 copies)
invoke one or more of the 11 criteria discussed within Section
18.120.070(B) of the Tigard Development Code. If the modification ❑ Site/Plot Plan (reduced 8'12"x 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 pP ( p )
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 ❑ 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 18.165. standards of the applicable zoning district. To
4. A change in the type of commercial or industrial structures as defined by the Uniform Building 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
B. An increase in the poor 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.
II. 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 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, 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 ,20
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
2:51:40PM
T I D E M A R K
COMPUTER SYSTEMS. INC.
Receipt #: 27200200000000003744
Date: 10/03/2002
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
MIS2002-00020 [LANDUS]Minor Modification 100-0000-438000 435.00
Line Item Total: $435.00
Payments:
Method Payer Bank No Account No Confirm No How Received Amount Paid
Check ELLIS ESLICK ASSOCIATES MAS 7118 In Person 435.00
Payment Total: $435.00
Page 1 of 1 cReceipt.rpt
ELLIS, ESLICK ASSOCIATES/ARCHITECTS P.C.
1230 SW FIRST AVENUE,SUITE 300
,- PORTLAND,OREGON 97204-3236
as 503.223.6963/FAX 503.294.0827
TO: City Of Tigard Date: October 2, 2002
Department of Planning
cc:
FROM: Charles Hagen
❑ FAXED, PAGES/ FAX NO.: ❑ MAILED ® MESSENGERED
PROJECT: Bonita villa Apartments-Washington County Housing Services PROJECT NO.: 0024.70
SUBJECT: The addition of accessible parking spaces
18.360.60 Minor Modification (s) to Approved or Existing Development
The proposed alteration to the site parking at the Bonita Villa Apartments is the addition of five accessible parking
spaces ( one at each of the existing five buildings) with new sidewalks and curbs. This alteration does not affect
the existing number of units. All new parking dimensions will be compliant with the City of Tigard municipal codes.
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