MMD2013-00027 MMD2O13 - 00027
VINE GOGH
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2013-00027
VINE GOGH, LLC
TIGARD
120 DAYS = 10/31/2013
SECTION I. APPLICATION SUMMARY
FILE NAME: Vine Gogh, LLC
CASE NO.: Minor Modification (MMD) MMD2013-00027
PROPOSAL: The proposed minor modifications to existing development would allow an eating
and drinking establishment to occupy a vacant space within the Pacific Terrace
Shopping Center. The space, approximately 2,526 square feet in size,is changing
from sales-oriented retail use to an eating&drinking establishment.
APPLICANT: Vine Gogh,LLC
Kim Pringle
7956 SE 13th
Portland, OR 97202
OWNER: Pacific Terrace Commercial,LLC
Edita Smith
833 NW 170th Drive
Beaverton, OR 97006
LOCATIONS: 11513 SW Pacific Highway
WCTM 1S136AD,Tax Lot 04000
ZONING
DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to
accommodate a full range of retail, office and civic uses with a city-wide and
even regional trade area. Except where non-conforming, residential uses are
limited to single-family residences which are located on the same site as a
permitted use. A wide range of uses, including but not limited to adult
entertainment, automotive equipment repair and storage, mini-warehouses,
utilities, heliports, medical centers, major event entertainment, and gasoline
stations, are permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360.060.0
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in Section IV.
MM1)2013-00027 VINE GOGI I,I,I,(: Page 1 of 4
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject property is located north of SW Pacific Highway, east of SW 71S`Avenue and west of 69th
Avenue. The 2.03 acre site is currently developed with four commercial buildings, a total of 34,877
square feet,with mixed use occupancies and site improvements including landscaping and a parking lot
containing 106 parking spaces. The property is zoned Commercial General (C-G) as are properties to
the south, east and west; properties to the north are zoned Low Density Residential (R-4.5) and
Medium Density Residential (R-12).
In a search of city historical records, the construction of the shopping center occurred prior to 1987;
however, the exact year is unknown. The property was annexed into the city (ANNEX2344; Res. 87-
23) in February 1987. A minor modification (MMD2004-00008) was approved in 2004 to allow a
change of use from indoor entertainment to retail and a second minor modification was approved
(MMD2013-00019) in 2013 to accommodate a daycare in a space previously used for personal services.
Most recently, a parking adjustment (VAR2013-00008) was approved to reduce the minimum required
parking by eleven percent.
Proposal Description:
The applicant intends to perform tenant improvements to accommodate an eating and drinking
establishment, Vine Gogh Artist Bar & Studio. All the proposed alterations are completely within the
building and no exterior changes are proposed. However,converting from retail space to an eating and
drinking establishment requires site development review through the minor modification process, with
the primary concern being adequate parking for the new use.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW:
The proposed change in use requires a Minor Modification to approved plans or existing
development. Section 18.360.060.0 states that a minor modification shall be approved,
approved with conditions or denied following the Director's review and as follows:
1. The proposed development is in compliance with all applicable requirements of this
title; and
FINDING: Upon review of the proposal's plans and narrative, staff finds that all applicable
requirements of this title are satisfied. This includes but is not limited to building height, setbacks, and
parking requirements. For this proposal, parking requirements are the primary concern. In accordance
with Chapter 18.765 Of-street parking and loading requirements, eating and drinking establishments are
calculated at 9.0 spaces per 1,000 square feet. A sales oriented retail use requires 3.0 spaces per 1,000
square feet. The new tenant requires a difference of 6.0 spaces per 1,000 square feet, an additional 15
parking spaces. As this is a mixed-use project, an additional parking reduction is granted, in which the
primary use (based on floor area) provides parking at 100%, secondary at 85%, tertiary at 70% and all
other uses as 60% of that required by the table. The recently approved parking adjustment (VAR2013-
00008) further reduced the minimum required parking from 117 spaces to 105, which is the number
currently existing on site. As demonstrated below, the site has sufficient parking and no additional
MMD2013-00027 VINE GOGH,LLC Page 2 of 4
parking is required. As demonstrated above, the site has sufficient parking for the proposed use. This
criterion is met.
Use Square Parking Required Mixed-Use
Footage Reduction
Retail 21,693 21.693 x 3.0 = 65.07 100% = 65.07
Eating & Drinking 4,526 4.526 x 9.0 = 40.73 85% = 34.62
Establishments-Other
Office 2,701 2.701 x 2.7 = 7.29 70% = 5.10
Personal Service 2,100 2.1 x 2.5 = 5.25 60% = 3.15
Medical Office 2,100 2.1 x 3.9 = 8.19 60% = 4.91
Daycare 962 2 60% = 1.20
Vehicle Sales/Rental _ 805 4 60% = 2.40
Total 117
11%Adjustment - 12
Total Parking Required 105
PARSING AVAILABLE 106
2. The modification is not a major modification.
FINDING: Staff finds that the changes listed in TDC18.360.050.B.1-11 are either satisfied
or do not apply. Therefore, the proposed development is not a major
modification.This criterion is met.
CONCLUSION: The proposal is a minor modification of existing site development and is in
compliance with the applicable requirements of this title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is
mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not
be appealed locally and is the final decision of the City.
/ 1 iii - ill
THIS DECISION IS FINAL ON AUGUST 22, 2013.
AND BECOMES EFFECTIVE ON AUGUST 23, 2013.
MMD2013-00027 VINI?GOGII,LLC Page 3 of 4
Questions:
If you have any questions, please call Agnes Kowacz at the City of Tigard Planning Division, Tigard
City Hall, 13125 SW Hall Boulevard,Tigard,Oregon at (503) 639-4171.
CKLCA4— August 22,2013
APPROVED BY: A es Kowacz DATE
Associate Planner
503-718-2427
agnesk(a,tipard-or.gov
NIMII)2013-00027 VINE GOGI I,1.I.0 Page 4 of 4
APPLICANT
MATERIALS
RECEIVED
JUL 0 2 2013
III City of Tigard ��gNNIINGOF GINEE
_ �'NGINEERING
Minor Modification — Type I Application
TIGARD
GENERAL INFORMATION
Property Address/Locapon(s): In addition, the Director must find that the proposed
•IE 13 SAl ci-ql'u3 change is in compliance with all applicable requirements of
Tax Map&Tax Lot#(s): Title 18 of the Tigard Development Code. To complete
this review, the Applicant's proposal must include a
Site Size: 2;,S 2 b discussion indicating how the site expansion/change will
j continue to comply ly with the maximum setback, building
Applicant*: V i tt;c �►.. LL , height, parking, and landscaping standards. Other
Address: (✓ l3IS requirements of this title such as clear vision, solid waste
City/State: o-ri-ld--r> - 01Z- Zip:Ct7202.- storage, non-conforming situations, signs, and tree
Primary Contact: K c 1 3W- removal may also be applicable depending on the type and
Phone:GD3 l 10-$1(0--1 Fax: location of the proposed modifications.
E-Mail: V i ry c h C rn .I • C 0(h
Property Owner] eeed Holder(s)*:
(Attach 'tit if more than one
),1 C Te -i- c-e (rpm ty1 aa I,LIZ REQUIRED SUBMITTAL ELEMENTS
Address: e3 3 ic .) l O I�r Phonpe:t5bAo17-14 6O
(Applications will not be accepted without the
City/State:C CF�1lJ' n Zip: ! 7(XXp following required submittal elements)
* When the owner and the applicant are different people, the • Application Form
applicant must be the purchaser of record or a lessee in 12r Qwner's Signature/Written Authorization
possession with written authorization from the owner or an Title Transfer Instrument or Deed
agent of the owner. The owner(s) must sign this application
621�
in the space provided on the back of this form or submit a Site Plan(4 Large Plans&One—Reduced to 8'/s"x 11")
written authorization with this application. Applicant's Statement/Narrative(4 copies)
.Filing Fee
Minor Modifications:
Minor Modifications are processed for permitted uses and
conditional uses. To review a modification as a Minor
Modification, the Director must first find that the expansion
or change does not invoke one or more of the criteria
discussed within Section 18.360.050(B) - Site Development FOR STAFF USE ONLY
Review or Section 18.330.020(B)(2) -Conditional Use. If the W1mVG���-WV2�L
modification exceeds the maximum allowed under any one or Case No.(s): �i 11�1 V GV Wl/
more of the criteria, a Major Modification review is required.
Major Modifications are processed in the same manner as a Other Case No.(s):
new Site Development Review or Conditional Use Permit.
Fee: 1,103I
Applicant's Statement: Receipt No.: I GI�U
The applicant's statement must include a summary of the Date: -1 i 2-1,13
proposed changes. Criteria in either 18.360.050(B) or
18.330.020(B)(2) must be addressed with a detailed response Application Accepted By:
to each criterion. Failure to provide the information needed Date Determined Complete: $`I 3
to process the application would be reason to consider an Revised: 6/24/2013
application incomplete and delay review of the proposal. l:\CCRI'LN\Masters\land Use Applications\Minor Modificat,on.docx
City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of 2
THE APPLICANT SHALL CERTIFY THAT:
• If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and
subject to all the conditions and limitations of the approval.
• All 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,map 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(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
030\2.013
Owner's Signatu Date
1:.!s' ilL..„,... 04 - 13
O• er's Sign.ture Date
A
V
O er's Signature Date
Owner's Signature Date
Owner's Signature Date
Applicant/Agent/Representative's Signature Date
Applicant/Agent/Representative's Signature Date
City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 2 of 2
RECEIVED, .
_ AIL 2 2013
o
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RENT-A-CAR
11529
STATE
FARM
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/ SITE PLAN A PACIFIC TERRACE
11525
,� D1°rT° / SW r4GIFIG HIGHWAY
T GARD, OREGON
Agnes Kowacz
From: nealedwinbrown @gmail.com on behalf of Neal Brown <nbrown @meadowsgroup.com>
Sent: Wednesday, July 03, 2013 12:35 PM
To: Agnes Kowacz;Vine Gogh; Kim Pringle; Christina Chamberlain
Subject: City of Tigard Minor Modifications for Vine Gogh
18.360.050 Major Modifications
B. Evaluation Criteria: We do not need a Major Modification because:
1. This is commercial, not residential.
2. Not residential.
3. Applicant has applied for a parking adjustment which reduces the required parking.
If the adjustment is granted no additional parking is needed.
4. No structural changes.
5. No increase in building height.
6. No changes in access ways or parking areas.
7. Any increase in vehicular traffic will not exceed 100 vehicles per day.
8. No increase in floor area.
9. No reduction in open space.
10. No reduction in project amenities.
11. No known modification of conditions at the time the site was developed.
1
III CITY OF TIGARD RECEIPT
. 13125 SW Hall Blvd.,Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 192091 - 07/02/2013
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
MMD2013-00027 Long Range Planning Fee 1003100-43117 $84.00
MMD2013-00027 Application Fee 1003100-43116 $567.00
Total: $651.00
PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 1338 AKOWACZ 07/02/2013 $651.00
Payor: Vine Gogh, LLC
Total Payments: $651.00
Balance Due: $0.00
Page 1 of 1
REcpI.� D
�� JUL 0 2 2013
�l WARRANTY DEED p4NNn'OFfjGARQ
NwENGIN,ERING
EDITA M.SMITH, "Grantor,"conveys and warrants to PACIFIC TERRACE COMMERCIAL,
LLC,An Oregon Limited Liability Company, "Grantee,"the real property located in Washington County,
(_ State of Oregon, and legally described on the attached Exhibit "A," incorporated by this reference, free of
a encumbrances except as set out on Exhibit"B."
■
The true and actual consideration for this conveyance is OTHER VALUABLE CONSIDERATION.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE
TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY,UNDER CHAPTER 1,OREGON
O LAWS 2005(BALLOT MEASURE 37(2004)).THIS INSTRUMENT DOES NOT ALLOW USE OF THE
PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS
\' AND REGULATONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES,TO DETERMINE ANY LIMITS
JON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO
INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY,UNDER CHAPTER
I,OREGON LAWS 2005(BALLOT MEASURE 37(2004)).
pri
a Dated this d6 day of January, 2006
+ TOR:
U .'' ` 4 t
- II //
V i ITA M.SMITH �� ---�—
0-.1–,... OFFiOAL SEAL
tTh , DIAi %M. FETTERSON
STATE OF OREGON ) +u'.
NOTAF:.A.A9 IC-OREGON
\�,� COMM!:iS10N N0.388915
SS: MY COMMISSION EXPIRES MARCH 9,2009
COUNTY OF MULTNOMAI I )
fi
On this Oki day of January 2006, personally appeared before me the above-named EDITA M.
SMITH, who is personally known to me,and acknowledged the foregoing to her voluntary d deed.
iQ?j¢"`�
fly Commission expires: 3/9/09 otary Pub13f for Oregon
SAfter Recording Return to: Send All Tax Notices to:
^, Edita M.Smith Edita M. Smith
=a' 833 NW 170th Drive 833 NW 170th Drive
Beaverton,Oregon 97006 Beaverton,Oregon 97006
i
Title Data, Inc. OT POR10571 WN 2006011788.002
EXHIBIT A
PARCEL I:
Lot 7,Block 4,VILLA RIDGE,in the County of Washington and State of Oregon.
PARCEL II:
Beginning at the Northeast corner of Lot 2,Block 4,VILLA RIDGE,in the County of
Washington and State of Oregon;thence South 0°04'West along the East line of said lot, 116.1
feet;thence Southwesterly to an iron pipe on the South line of said Lot 2 that bears North 89°50'
West 190.0 feet from the Southeast corner thereof,said iron pipe being the true point of
beginning of the herein described premises;thence North 89°50'West,along said Souith line 95.0
feet to the Southwest corner of said Lot 2;thence South 0°04'West,along the West line of Lot 1,
183.75 feet to the Southwest corner of said Lot I;thence North 89°10'East along the South line
of said Lot I, 104.50 feet to an iron pipe located on the Northwesterly right of way line of the
Southwest Pacific Highway as described in Deed to the State of Oregon,recorded in Book 185,
Page 505,Deed Records,Washington County,Oregon;thence North 61°14'East along said right
of way line 56.76 feet to an iron pipe;thence North 33°50'West 106.37 feet to an iron pipe;
thence North 0°10'East 66.27 feet to an iron pipe located on the South line of said Lot 2,that is
the true point of beginning.
PARCEL III:
A parcel of land lying in the Northeast quarter of Section 36,Township 1 South,Range 1 West of
the Willamette Meridian,in the County of Washington and State of Oregon,more particularly
described as follows:
Beginning at the intersection of the Northerly line of the Pacific Highway West as described in
Deed to the State of Oregon,recorded in Book 186,Page 405,and the Easterly line of Villa Ridge
Drive,also known as Metzger Road,which is a Southerly extension of 8th Avenue,Metzger,
Oregon,being County Road 370,now known as Southwest 71st Avenue,which is the point of
beginning;thence Northwesterly along the Easterly line of Villa Ridge Drive,being County Road
No.370,250 feet,more or less,to a point on the South line of VILLA RIDGE,thence Easterly
along the South line of VILLA RIDGE,405 feet,more or less,to a point in the Northerly line of
the Pacific Highway West as described in Deed to the State of Oregon,recorded in Book 186,
Page 405, Deed Records;thence Southwesterly along the Northerly line of said Pacific Highway
West,355.5 feet,more or less,to the point of beginning.
Title Data, Inc. OT POR10571 WN 2006011788.003
EXHIBIT B
The premises herein described are within and subject to the statutory powers including
the power of assessment of Clean Water Services.
Regulations,including levies, liens,assessments,rights of way,and easements of
Tualatin Valley Water District.
The rights of the public in and to that portion of the premises herein described lying
within the limits of streets,roads and highways.
Lease, including the terms and provisions thereof.
Dated: January 12, 1978 A memorandum of which was:
Recorded: September 26, 1979
Recorder's Fee No.: 79-039441
Lessor: George H. Killian
Lessee: Stark B K Corporation,an Oregon corporation nka
Restaurant Management Northwest,Inc.,now known as the Westwind Group of Oregon,
Inc.
Indemnity Agreement,including the terms and provisions thereof;
Dated: December 27, 1995
Recorded: January 18, 1996
Recorder's Fee No.: 96-004965
By and Between: AGA's LLC,an Oregon limited liability company and
Woodrow Smith and Edita Smith
Unrecorded lease(s)and existing tenancies,if any.
D:\USR\wsmith\Smith.Pac DeedEXHIBIT B.doc
Title Data, Inc. OT POR10571 WN 2006011788.004
Washington County,Oregon 2006-011788
01/31/2006 02:27:19 PM
D-0W Crte1 Stns] K GRUNSWALD
$20.00$0.00$11.00•Total a$37.00
I UIIJII 11 111111111 1111111
ill!
00903578200600117880040049
I,Jeny Hanson,Direetor of Asseaament and Taxation
and Ex-O flclo County Clerk for Washington County, i.%, VIf,,
Oregon.do hereby certify that the within Instrument of -'—;?,....74-• "p�ip�
welting was ncelWd and recorded In the book of �" ` itm '
records of said county �'t
Jerry R Hanson,Dlnctor suss am art end Taxation, tt:3yi,.
E[Of11vo County Clod(
Title Data, Inc. OT POR10571 WN 2006011788.001