Loading...
MMD2014-00008 MMD2O14 - 00008 WORLD CLASS TAEKWONDO NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2014-00008 ill WORLD CHAMPION TAEKWONDO TIGARD 120 DAYS = 8/8/2014 SECTION I. APPLICATION SUMMARY FILE NAME: World Class Taekwondo CASE NO.: Minor Modification (MMD) MMD2014-00008 PROPOSAL: The proposed minor modifications to existing development would allow a new personal service use, World Champion Taekwondo. The space, approximately 2,174 square feet in size,is changing from a sales-oriented use to a personal service use. APPLICANT: Daniel Kim 12984 SW Pine View Street Tigard, OR 97224 OWNER: Terramar Retail Centers 5973 Avenida Encinas, Suite 300 Carlsbad, CA92008 LOCATIONS: 15660 SW Pacific Highway,A3 WCTM 2S110DC,Tax Lot 02200 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. M1\11)2014-00008 W()1Z1,1)(.1..ASS'I'.A I K\\()N1)( Page 1 o t 3 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The project is located at 15660 SW Pacific Highway,A3; at the southeast corner of SW Pacific Highway and SW Royalty Parkway. This suite is part of the Tigard Promenade shopping center. The site is made up of 2 parcels totalling 8.48 acres. The site contains three commercial buildings and site improvements that include landscaping and associated parking lot. The entire site has 388 parking spaces. Proposal Description: The proposed minor modifications to existing development would allow a new personal service use, World Champion Taekwondo. The space, approximately 2,174 square feet in size, is changing from a sales-oriented use to a personal service use. The proposed improvements are interior only which include construction of an ADA accessible restroom, a storage area and two offices. 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: Because all of the proposed site improvements are interior to the structure the only issue with the proposal is the difference in the parking requirements between a sales-oriented use and a personal service use. Upon review of the proposal's plans and narrative, staff finds that in accordance with TDC 18.765, the proposed use does not require additional parking, as the site has a surplus of 191 spaces. In accordance with Chapter 18.765 (*street parking and loading requirements, the parking requirements for personal service uses are calculated at a rate of 2.5 parking spaces per 1,000 square feet,while the requirements for a sales-oriented use is calculated at the rate of 3.0 parking spaces per 1,000 square feet. Therefore, the new tenant is required to provide less parking than the previous tenant. The development currently has 388 off-street parking spaces and with the other existing uses that share the site the total required amount parking is 276 spaces (a surplus of 112 spaces). As demonstrated in the table below, the proposal has sufficient off-street parking and additional parking is not required. Use Square Footage Parking Required Mixed-Use Reduction Sales-Oriented (Vacant) 73,245 73.245 x 3.0= 219.74 spaces (100%)= 219.74 Personal Service 9,932 9.932 x 2.5=24.83 spaces (85%)=21.11 Eating&Drinking 3,500 3.5 x 9.0= 31.5 spaces (70%)=22.05 Establishment MMD20I4-00008 WORLD CI.,ASS"I'.AI:IKWONDO Nagc 2 of 3 Eating&Drinking 3,032 3.032 x 7.0 =21.22 spaces (60%)=12.73 Establishment- Fast food TOTAL PARKING REQUIRED: 276 All other applicable requirements of this title are satisfied. This includes but is not limited to building height, setbacks, and landscaping requirements. This criterion is met. 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. THIS DECISION IS FINAL ON APRIL 10, 2014. AND BECOMES EFFECTIVE ON APRIL 11, 2014. 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. at April 10.2014 APPROVED B : Agnes Kowacz DATE Associate Planner 503-718-2427 agneskR,tigard-or.gov MMMI)2014-00008 WORLD CLASS TAEKWONDO I'a};c 3 of 3 APPLICANT MATERIALS RECEIVED APR 0 9 2014 CITY OF TIGARD RING City of Tigard PLANNINGlENGINEERING TIGARD C Minor Modification — Type I Application GENERAL INFORMATION Property Address/Location(s : In addition, the Director must find that the proposed / o'6o �) A C r! c ange is in compliance with all applicable requirements of Tax Map&Tax Lot# ----1 f I.4(. I / ` - 'We 18 of the Tigard Development Code. To complete P P this review, the Applicant's proposal must include a Site Size: discussion indicating how the site expansion/change will continue to comply with the maximum setback, building Applicant*: /46t< 111MIP,<VIts ilk I `t / <a1-41 eight, parking, and landscaping standards. Other Address: j fZ L ..<4.1 1D he ale SA- , requirements of this tide such as clear vision, solid waste City/State: %ig,,.r4( Zip: 973 storage, non-conforming situations, signs, and tree Primary Conta 00 gV---ft.()iF. --//?. removal may also be applicable depending on the type and Phone:SQ 3 -55`10'T797pax: location of the proposed modifications. E-Mail: 1--1 .12- G Property Owner/Deed Holder(s)*: (Attach list if more than one) - REQUIRED SUBMITTAL ELEMENTS Address: 39 13 Aveh1dc L'71\crna5 39° Phone:76°-S'4 City/State: L��l s6.�� , LA Zip: q 7�c$ (Applications will pot be accepted without the P following required submittal elements) When the owner and the applicant are different people, the Y Application Form applicant must be the purchaser of record or a lessee in j Owner's Signature/Written Authorization possession with written authorization from the owner or an 0 agent of the owner. The owner(s) rhust sign this application Title Transfer instrument or Deed in the space provided on the back of this form or submit a L Site Plan(4 Large Plans&One—Reduced to 8W'x 11") written authorization with this application. C1 Applicant's Statement/Narrative(4 copies) • Li Filing Fee(Psi.4-0 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 Case No.s: t my!p� t t_ e� modification exceeds the maximum allowed under any one or 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: UCA- Applicant's Statement: Receipt No.: (6%°I The applicant's statement must include a summary of the Date: ,l i l 4 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 llate Determined Complete: A.4--t \i\ l `-i to process the application would he reason to consider an Rev, 6/17/2013 application incomplete and delay review of the proposal. !:\Cl'RP[.N1Ah�rcn\Ijnd t,c;\13137 Applications �tod fa�ina.doa i To consider an application complete,you will need to submit ALL of the,REOUIRED SUBMITTAL ELEMENTS u described on the front of this application in the"Required Submittal Elements"box. (Detailed Subritittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: e 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 site 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 446 day of - ,20 /`} i 14c- i'M n'l At orm: Owner'.Sign Owner's Signature • Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639.4171 I www.tigard-or.gov I Page 2 of 2 RECEIVED City of Tigard APR 0 9 2014 Minor Modification Type 1 CITY OF TIGARD Statement PLANNING/ENGINEERING This statement is for a minor modification for usage of 15660 SW Pacific HWY A3 Tigard, OR 97224. The usage that is being applied for will be for personal service. The previous usage was retail. The unit has been empty for the last 3 years according to the city record. As of now, there is one bathroom that is handicap accessible in the unit. Our usage will require another bathroom that is handicap accessible, a storage, and two offices. In the modification that is being requested, increase in dwelling unit density or lot coverage for residential development will not be applicable. A change in the ratio or number of different types of dwelling units will not be applicable. A change in the type of commercial or industrial structures as defined by the Uniform Building Code will not be applicable. An increase in the height of the building will not be applicable. A change in the type and location of access ways and parking areas will not be applicable. An increase in vehicular traffic of more than 100 vehicles will not be applicable. An increase in the floor area will not be applicable. A reduction in the area reserved for common open space will not be applicable. A reduction of project amenities will not be applicable. A reduction of project amenities will not be applicable. The only modification is will be applicable for the usage is the on-site parking. Personal Service usage will require less parking than retail, which was the previous usage 3 years ago. If there is anything the city needs, please contact me at 503 840 8797. Thank you for your time. Eric Jun World Champion Taekwondo Tigard TIGARD PROMENADE TIGARD, OREGON LES SCHWAB Ns C° 3 (N.A.P) F60 f IIII LTHffO r r 1IIII] 1IIi) 4, -SIT rd Tr WASHINGTON - I ¢ SW DU' • ' ROAD FEDERAL 8 I . lillr \ VICINITY MAP 0 �I P� _ S PR\C C7 3 W ROYALTY P C6 — STE# TENANT NAME S.F. 0) if ---'� _ C5 Al-A2 PETCO �*Q CARDS JR. I I I I III I I I I I I I I I C4 3 A3 AVAILABLE � ,�12 74_y—�n� SL�� Ap� C3 A4 AVAILABLE `i;993 SVG- LAS • �� - C2 I A5 AVAILABLE 1,083 A6-7 WU'S OPEN KITCHEN 3,500 Z A 7 C1B AS AVAILABLE 2,000 B SAFEWAY 54,142 C1A C 1 A AVAILABLE 1,337 V C1B POSTAL ANNEX 1,763 C2 CAMBRIDGE CLEANERS 1,600 C3 SUPERCUTS 1,600 C.3 ., C4 SALLY BEAUTY SUPPLY 1,600 QQ C5 NAILS FOR YOU 1,295 C6 SUN'S UP TANNING 1,500 �• i C7 AVAILABLE 2,025 SAFEWAY D CARL'S JR. (NAP) 3,032 TOTAL 10G,G9:i, . ..,______=,==3. C=I- 161 WAN I I 1 I I 1 I I I I l 1 111 I I I I i -4�y y) wrprI_spAcES : 358 Ln04 � .ludiNi N• R I PI'•w I I I 1 111 I�1�1 I I I I 111 I I I I N I I I I 1 1 111111 x, 1111111 ► 1] I riE a a < co < Q TERRAMAR HEGEIVED RETA CENTERS 5973 AVENIDA ENCINAS, SUITE 300 CARLSBAD, CALIFORNIA 92008 APR Q 9 2014 SUMMARY 760-804-8600 SITE PLAN \ LAND AREA 362,854 S.F. (8.33 AC) 760-804-8605 FAX BUILDING 106,605 S.F. CITY OF TIGARD PARKING 483 SPACES PLANNING/ENGINEERING 08/02/13 i De[aware PAGE 1 The First State I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "GMS REALTY, LLC", CHANGING ITS NAME FROM "GMS REALTY, LLC" TO "TERRAMAR RETAIL CENTERS, LLC", FILED IN THIS OFFICE ON THE FIRST DAY OF MAY, A.D. 2007, AT 7:27 O'CLOCK P.M. ...,,,..) 6PE�ANY' a L + o.[: a:^; ° Harriet Smith Windsor,Secretary of Stet 3178083 8100 w AUTHENTICATION: 5643347 070504267 ' DATE: 05-02-07 ■ State of Delaware Secretary of State Division of Corporations Delivered 07:37 PM 05/01/2007 FILED 07:27 PM 05/01/2007 SRV 070504267 - 3178083 FILE CERTIFICATE OF AMENDMENT to CERTIFICATE OF FORMATION of GMS REALTY, LLC The undersigned Authorized Person of GMS Realty, LLC, a Delaware limited liability company (the"Company"), does hereby certify that: FIRST: The name of the Company is GMS Realty, LLC. SECOND: Article First of the Certificate of Formation of the Company is hereby amended and restated in its entirety to read as follows: "The name of the limited liability company is Terramar Retail Centers, LLC." THIRD: This Certificate of Amendment shall be effective upon its filing with the Secretary of State of the State of Delaware. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Amendment on this 30th day of April,2007. /s/ STEPHEN M. BOWERS • Stephen M. Bowers, President Authorized Person I D9 N 1.DDOU26/7D I3 D7A I rDtti ' BARGAIN AND SALE DEED-STATUTORY FORM • Grantor: TaroCerrter,L.P auiIngten County,Orogen 2002-090678 Lde, Grantee GMs Re 11Das I Meath asC.00•T aky,LLC 118.00NAaOat7,e00.00•TOt.Mti,pt00 Until a change Is requested,all tax statements shall be sent to the IJ MI GMI S Re aladtyd,reLC: 11 III 1111 I 5973 Avenida Encinas,Suite 300 001432612002009087 031 I,Jerry Mmeen,Director of Ar male ne end Tent t• Q Carlsbad,CA 92008 and s:�mele County titre foe Wee lensenn aunty, , �t de Panay deery the IN*Man t'en'ant el trains of. rwe'seised roil retarded In M 0 N neat.M y� Wdoeunly. ,�o�`�"_� After Recording return to: ,\`{Ty)y,I�`'Y"hii°" L; �% GMS Really LLC Jerry a Henem,ooecterc M end Tease.% '•Ih�,.*' 5973 Avenida Encinas,Suite 300 uCrtde ceuMy craw_=• Carlsbad,CA 92008 Re-recorded to correct the grantee, ti escrow No. 773822 previously recorded as document ` Title No. 773822 2002090678 : GMS t I Tigard Center,L.P.,a California limited partnership,Grantor, conveys to 000 Realty,LLC,Grantee, the following a • described real property situated in Washington County.Oregon,to wit: See Attached Legal Description) The true consideration for this conveyance is$13,000,000.00.(Here comply with the requirements of ORS 93.030). THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. 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 AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. Dated this Z day of ,vi UST,2002. /D Tlga�ante,L.P.,a Callfo, -ImIted partnershl. , 0.0 M Ruben Poplawski, Generale rtner I 1 (- State: CA r-- County: Los Angeles 3 The foregoing instrument was acknowledged before me this day of ,20 by: Ruben Poplawski,General Parter for Tigard Center,L..P.,a California limited partnership Notary Public My Commission Expires: 11111111 III 1 1111 2002-92970 — - - 2002-90678 STATE OF CALIFORNIA COUNTY OF LOS ANGELES On August 2, 2002, before me, the undersigned, a Notary Public, personally appeared RUBEN POPLAWSKI,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and offici. seal. RE 1 r ! �.._. • 3 Notary Pub*: Cdhrnia in*t'/_ • ary Public 0.-0 n-lmt 551ok) /33-4,411 III 2002-92970 111111111' i I t l I 1 1 2002-92970 2002-50678 ® TICOR TITLE INSURANCE COMPANY COMMERCIAL TITLE DEPARTMENT 1000 SW Broadway, Suite 1555 • Portland OR 97205 (503)242-1210 • FAX: (503)242-0770 REFERENCE ORDER NUMBER: 773822 PARCEL 1: That portion of Lot 10, WILLOW BROOK FARM, and of Parcels 1 and 2 of PARTITION PLAT NO. 1995-046, located in Section 10, Township 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the Northwest corner of Parcel 2 of PARTITION PLAT NO. 1995-046, recorded as Document No. 95031558, Washington County Plat Records, said point being on the Easterly right of way line of S.W. Pacific Highway (99W); thence along said Easterly right of way line on a curve to the right having a radius of 2905.00 feet through a central angle of 02°21'33" (chord bears South 15°34'33" West, 119.61 feet) 119.61 feet; thence leaving said Easterly right of way line South 72°25'24" East, 57.93 feet; thence North 89°49'23" East, 59.01 feet; thence South 00°10'37" East, 32.06 feet to the true point of beginning; thence South 89°59'51" East 113.43 feet; thence South 00°11'42" West, 60.52 feet; thence along a curve to the left having a radius of 70.00 feet through a central angle of 30°59'43" (chord bears South 15°18'10" East, 37.41 feet) 37.87 feet; thence South 30°48'01" East, 7.87 feet to a point on the Northerly right of way line of SW 109th Street; thence along said right of way line on a curve to the right having a radius of 129.00 feet through a central angle of 33°58'47" (chord bears South 72°50'13" West, 75.39 feet) 76.50 feet; thence continuing along said right of way line South 89°49'36"West 60.07 feet; thence continuing along said right of way line on a curve to the right having a radius of 314.00 feet through a central angle of 01°19'29" (chord bears North 89°30'39" West, 7.26 feet) 7.26 feet; thence leaving said right of way line, North 05°33'17" East 126.32 feet to the true point of beginning. PARCEL 2: Parcel 2, PARTITION PLAT NO. 1997-016, in the City of Tigard, County of Washington and State of Oregon. Jerry R. Hanson, Director of Assessment and Taxation and Ex-Officio County,' oun Washington Coup t3' Clerk for _ ty, do hereby certify this t� be a PAGE 1 LEGAL DESCRIPTION W / C , TICOR TITLE INSURANCE COMPANY ' tTlle dll• CCtTCCI CO of the Orr U .E'•d•►e4-r=�.,1.:1: PY ginal. PORT LA SALMON PORTLAND,OR W295179I * .S• . �' �� * Date::' p1T-"•.y . T •ma ,:7> c; >ar ��./<<_ • "'f L�sty Washington County,Oregon 2002.092970 0811312002 10:33:26 AM D•DSS Cnta1 Stn■16 D HOFFMAN $20.00$5.00$11.00 •Total■$37.00 [liii 11 III 1111111 11 001468402002008 40046 I,Jerry Hanson,Director of Aasnamint and Taxation i and Ex-Offlclo County CI ark Tor Washington County, y.,Y do hereby testy that the within Instrument of writing •�rtl...� was received and recorded In the balk of records of k, said county. s•py� .•., Jerry R.Hanson,Dlredor ment and Taxation, D Ex• ntClo County Cleric