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MMD2015-00016
MMD2O15 - 00016 Zumba Lessons and Banquets NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2015-00016 111111 ZUMBA LESSONS AND BANQUETS TIGARD 120 DAYS = 9/8/2015 SECTION I. APPLICATION SUMMARY FILE NAME: Zumba Lessons and Banquets CASE NO.: Minor Modification (MMD) MMD2015-00016 PROPOSAL: Proposed change of use from personal services to eating and drinking establishment in a 3,000 square foot suite in the Canterbury Square shopping center. OWNER: Bull Mountain Investments,LLC Attn:Jerry Kolve 14389 SW Pacific Hwy. Tigard, OR 97224 APPLICANT: Tana Loera Azagrill, Inc. 14405 SW Pacific Hwy. Tigard, OR 97224 LOCATION: 14405 SW Pacific Hwy.WCTM 2S110AB,Tax Lot 200 ZONING DESIGNATION: C-G:general commercial.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, 18.765 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. MMI?2015-00016 ZUMBA I.1 SSONS AND BANQUETS 1 of 3 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information and History: The property is located at 14405 SW Pacific Hwy. in the Canterbury Square shopping center. The 6.63- acre site is fully developed as a commercial shopping center with 19 tenants. The property fronts SW Pacific Hwy. to the southeast. Properties across Pacific Hwy. and adjacent to the northeast corner of the property contain a variety of commercial uses. Adjacent properties to the west and north are occupied by multi-family dwellings.The subject suite is presently vacant and was previously occupied by a laundromat. Proposal Description: The applicant requests a minor modification to change the approved use of the subject suite from personal services to eating and drinking establishment. The suite will host fitness classes and special events catered by the adjacent Asabache Mexican Restaurant and Sports Bar, which the applicant owns and operates. Upon approval the applicant will obtain building permits to install a fire protection system. Future improvements may include integration with the adjacent suite to expand the restaurant and bar. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Chapter 18.360 Site Development Review 18.360.060 Minor Modification(s) to Approved Plans or Existing Development C. Approval criteria. A minor modification shall be approved, approved with conditions or denied following the director's review based on finding that: 1.The proposed development is in compliance with all applicable requirements of this title;and FINDING: The applicant's request is limited to changing the approved use of an existing commercial suite from personal services to eating and drinking establishment, as well as minor interior improvements including the installation of a fire protection system. The applicable requirements concern off-street parking. As provided in the applicant's narrative and site plan, and as described in the findings below, staff finds that all applicable requirements of this tide are satisfied. 18.765.030 Off-Street Parking and Loading Requirements—General Provisions D. Parking in mixed-use and multiple-tenant projects. In commercial mixed-use and multiple-tenant projects, the required minimum vehicle parking shall be determined using the followingformula: 1. Primary use, i.e., that with the largest proportion of total floor area within the development, at 100% of the minimum vehicle parking required for that use(s)in Section 18.765.060; 2. Secondary use, i.e., that with the second largest percentage of total floor area within the development, at 85% of the vehide parking required for that use(s)in Section 18.765.060; 3. Tertiary use at 70%of the vehide parking required for that use(s)in Section 18.765.060; 4.All other uses at 60%of the vehicle parking required for that use(s)in Section 18.765.060. Use Floor Area Minimum Multi-use Adjustment Required (Square Feet) Requirement Spaces Eating/Drinking 24,240 9/1,000 sq. ft. None 219 Establishments Sales-Oriented Retail 17,250 3/1,000 sq. ft. 0.85 44 Bulk Sales 16,600 1/1,000 sq. ft. 0.7 12 Personal Services 6,500 2.5/1,000 sq. ft. 0.6 10 Day Care 6,000 2/classroom(4) 0.6 5 Indoor Entertainment 3,100 4.3/1,000 sq. ft. 0.6 8 Repair-Oriented Retail 1,200 3.3/1,000 sq. ft. 0.6 3 Office 1,200 2.7 0.6 2 MMI)2015-00016 ZUMMB:1 LESSONS AND BANQUETS 2 of 3 Medical Office 900 3.9 0.6 3 TOTAL PARKING 306 REQUIRED PARKING PROVIDED 320 FINDING: The applicant's request increases the number of parking spaces required for the shopping center. Prior to the proposed change in use,sales-oriented retail was the primary use,bulk sales the secondary use, and eating and drinking establishments the tertiary use in the shopping center. This proposal and a related proposed change of use for the Asabache Mexican Restaurant and Sports Bar to an eating and drinking establishment increases the floor area of eating and drinking establishments to the largest proportion of total floor area. As shown in the table below, the revised minimum parking requirement for the shopping center is 306 spaces, an increase of 94 spaces. As shown on the applicant's site plan, 320 parking spaces are provided onsite, a surplus of 14 spaces over the minimum. Therefore, this criterion is met. 2.The modification is not a major modification. FINDING: The proposed modifications are not within the description of a major modification provided in 18.360.050.B.1-11 and are considered minor.Therefore, this criterion is met. CONCLUSION: The proposal is a minor modification of an existing development and is in compliance with all 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 MAY 20, 2015 AND BECOMES EFFECTIVE ON MAY 21, 2015. w Questions: If you have any questions,please contact Tim Lehrbach at 503-718-2440 or timl@tigard-or.gov. y. 1, 1 _ March 20,2015 APPRO : I IY: Tim Lehrbach DATE Livability Compliance Specialist MMD2015-00016 ZUMBA LESSONS AND BANQUETS 3 of 3 APPLICANT MATERIALS RECEIVED MAY 0 4 2015 City of Tigard CITY OF TIGARD P NNING/ENGINEERING Minor Modification — Type I Application § pp GENERAL INFORMATION Property Address/Location(s): 14"<3 5 S. .13t In addition, the Director must find that the proposed 1i1 �arscx.r t 'r'%tar..& change is in compliance with all applicable requirements of Tax Map&Tax l.ot#(s): 2-9.t%Qhg,-o°9-°O �°'�'. Tide 18 of the Tigard Development Code. To complete a`e.ex.i.tartE Mc . this review, the Applicant's proposal must indude a Site Size: (0.43 Ra/uta. discussion indicating bow the site expansion/change will continue to comply with the maximum setback, building Applicant*: ) ; )'Xni height, parking, and landscaping standards. Other Address: 1. S &.W•F3n '91 t, va.t • requirements of this title such as clear vision, solid waste City/State: to t s ©N u .tp: 0(12.1'" storage, non-conformer situations, signs, and tree Primary Contact�l Wilmot, 4 6-ef• Gt, removal may also be applicable depending on the type and Phone:503 0r Sia Fax: location of the proposed modifications. F.-Mail: a i alLot:e►. lZu$ 1400 tretta, Property Owner/Deed Holder(s)*: (Attach list if more than one) REQUIRED SUBMITTAL ELEMENTS Address: 143Sy 2 Phone:iii (Applications will City/State: um be accepted without the �r..e 1 L► • Tip: Q`12 '`c following required submittal elements) * When the owner and the applicant are different people,the Apphcation Form applicant must be the purchaser of record or a lessee in /Owner'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 Site Plan(4 Large Plans&One-Reduced to 8'L"x 11") in the space provided on the back of this form or submit a written authorization with this application. Mi-Applicant's Statement/Narrative(4 copies) Mug 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(8) - Site Development FOR STAFF USE ONLY Review or Section 18.330.020(B)(2)-Conditional Use. If the (, No.(s): M MD205'00C)t 6 modification exceeds the maximum allowed under any one or 1 more of the criteria,a Major Modification review is required. �,M Major Modifications are processed in the same manner as a Other Case\o.(s): ��1 'BMJ�7 new Site Development Review or Conditional Use Permit. ( 'ae-err ststA: Fee: s 101.00 Applicant's Statement No.: r`169e9. 7 aQ ST3 The applicant's statement must include a summary of the Dare: I proposed changes. Criteria in either 18360.050(B) or 18.330.020(13)(2) must be addressed with a detailed response Application Accepted By: to each criterion. Failure to provide the information needed Date Determined Complete: g 1 to process the application would be reason to consider an it 6/24;N,i application incomplete and delay review of the proposal f:1t:t"RPi.N\ tastcra.l�rl cam psi Llin,r Lt.nliFxaw n ibm City of Tigard j 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigatd-or-goy I page 1 42 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. • I f 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, arc 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 4jt owner of the subject property. DATED this 30day of af ,20 1 S euar M'Y1 v,kvv tw�Yt. 4,nnt.1.1b. a4mtf) ti ti.c Owner's Signature Owner's Signature 1 M �.4Q Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard , 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-ongov I Page 2 of 2 DEED There is no deed for this property. Ownership is substantiated by a copy of the Real Property Tax Statement and a copy of the Oregon Secretary of State Corporation Division Business Name. 7/1/14 TO 6130/15 REAL PROPERTY TAX STATEMENT WASHINGTON COUNTY OREGON * 155 N FIRST AVE., RM 130 * HILLSBORO, OREGON 97124 .fes ~,,,, - PROPERTY DESCRIPTION MAP: 2S110AB-00200 t, ACCOUNT NO: R489251 4.a SITUS: 14285 SW PACIFIC HWY, --- 2014-2015 CURRENT TAX BY DISTRICT: BULL MOUNTAIN INVESTMENTS LLC ATTN: JERRY KOLVE ----- - COLL-PORTLAND 1,574.26 14389 SW PACIFIC HWY ESD-NW REGIONAL 856.50 TIGARD, OR 97224 SCHOOL - TIGARD 27,743 .14 TIGARD/TUAL/AFTER LOL 5,594.39 LEGAL DESCRIPTION CODE AREA: 023.74 EDUCATION TAXES: $35,768.29 CANTERBURY PLACE, AMENDED, LOT PTS 1-4, ACRES 6.63 WASHINGTON COUNTY 12,514.65 REG-METRO SERVICE 538.18 PORT-PORTLAND 390.49 FIRE-TV FIRE & RESCUE 8,489.49 CITi'-TIGARD 13, 988.21 VALUES: LAST YEAR THIS YEAR CLEAN WATER SERVICES 0.00 UR-TIGARD-DOT 382.10 MARKET VALUES: FIRE-TV FIRE & RESCUE LOL 1,398.60 LAND 3, 939, 380 3, 939, 380 WASHINGTON COUNTY LOL AFTER 3,300.69 STRUCTURE: 5,685,600 5, 856, 110 AQUATIC-TIGARD TUALATIN 500.70 TOTAL RMV VALUE: 9, 624, 980 9, 795,490 REG-METRO-AFTER 1/1/2013 537.06 TAXABLE VALUES; GENERAL GOVERNMENT TAXES: $42,040.17 ASSESSED VALUE 5,431,450 5, 594, 390 BOND-METRO SERVICE DIST 493.43 BOND-PCC 755.80 BOND-SD #23-TIGARD 2,014.54 BOND-TIGARD/TUALATIN-AFTER 6,226.56 PROPERTY TAXES: $90, 917.05 $92, 975. 99 BOND-TV FIRE & RESCUE AFTER 648.39 BOND-CITY OF TIGARD AFTER 2,337.90 APPEAL DEADLINE December 31, 2014 BOND-METRO SERVICE AFTER 991.89 Value Questions 503-846-8826 Tax Questions 503-846-8801 BOND PCC-AFTER r -- =1, 599.02 j Business Persona! Property Questions 503.846-8830 BOND AND MISC TAX: $15,167.53 i Other Questions 503-846-8741 I 2014-15 TAX (Before Discount) $92, 975.99 I PROPERTY TAX PAYMENT OPTIONS i (See back of Statement for payment instructions.) Due Discount Net Amount Due Pay DELINQUENT TAXES: NO DELINQUENT TAXES DUE in Full 11/17/14 2,789.28 $90,186 .71 1213 11/17/14 1, 239.68 $60,744.32 (See back for explanation of taxes marked with an asterisk('). I 1/3 11/17/14 NONE $30, 992.00 Delinquent Tax Total is included in payment options to the left) J MAKE PAYABLE TO:Washington County TOTAL (After Discount} Online- https:l/ecomm.co.washington.or.us/propertytax $90,186.71 Pay By Phone: 1(888)510-9274 Many factors can affect the amount of your tax bill. If you live in a taxing district that has new voter approved Bonds or Local Option Levees.your property taxes may increase more than 3% If you made any major renovations or changes to your property prior to the assessment date of January 1.your property taxes may increase more than 3%. !For additional rnfamation please refer to die Press Release at tr�nwr.oawastirrq(pn or us/AssessrtrentTaxapon or you call the county offices at(503)846-8741. !t Ali Payments Processed Upon Receipt ( tear lIerc y rear Here Business Registry Business Name Search Page 1 of 3 otti!cd:'4 (q•S t *WE > Corporation Division business inionninivo iter fl.trne toartil orshgrm buess guide referral list business rtipitryir enkm.%-a4 foram:tees 1:t.tdry p4:b!ii; uniform tortlritert.iel tot - iii . comirertual code search tkvr.c.tments 8 data stIvrtrii Business Name Search 04-29-2015 New Search Printer Friendh Business Entity Data 12:58 • Entity. tntity bit'unction ,• Lw it RAMS 527189-97 DLLC ACT OREGON 06-13-2008 06-13-2015 tES •-• •-• ULL MOUNTAIN INVESTMENTS, I.LC • Online Renewal: Renew Online . If you are unable to rile online please use the link below. Click he're to generate anktprint an aonrul report iE New • New Search Printer Friendt. Associated Names ra.....m........•••••••••••••••••*4 n. _ PRINCIPAL PLACE OF - PPB BUSINESS 14389 SW PACIFIC HWY 41c1ci z. -1 TIGARD IR °72/4 •- INITED STATES OF AMERICA Pleave click itAjbr general inprntation about registered agents and service ofprucess. 01-02- 'GISTERED AGENT 2013 3E1 OLVE 14389 SW PACIFIC HWY GARD R '7224 7""mma"Ka1UNITE1)STATES OF AMERICA r'. ADDRFSS • .14389 SW PACIFIC HWY http://egov.sos.state.or.us/br/pkg_web_name_sreh_ing.show_detl?p_be_ rsn=1330841&p_s... 4/29/2015 , Business Registry Business Name Search Page 2 of 3 TIGARD SR '7224 ,- - ,, ': 1TED STATES OF AMERICA .... { E IEMBER ERALD i OLVE , - - - - 14389 SW PACIFIC HWY TIGARD IOR 197224 1 I ,. !UNITED STATES OF AMERICA ' A 0 Chicago Title Insurance Company of Oregon ° 10135 SE Sunnyside Road,Suite 200 Clackamas,OR 97015 Phone No: (503)653-7300 STATUS OF RECORD TITLE November 12.2007 Order No.: 449165 TO- G C Kolve Company 14389 SW Pacific Hwy Tigard,OR 97224 ATTN.: Pam Benson Customer Ref,: Kolve Charge: 5200.00 We have searched our Tract Indices as to the following described real property: See Legal Description Attached Hereto Vestee: G. C. Kolve who also appears of record as Gerald C. Kolve Dated as of November 6,2007 at 08:00 AM CHICAGO TITLE INSURANCE COMPANY OF OREGON By: Authorized Officer THIS REPORT IS TO BE UTILIZED FOR INFORMATION ONLY. ANY USE OF THIS REPORT AS A BASIS FOR TRANSFERRING, ENCUMBERING OR FORECLOSING THE REAL PROPERTY DESCRIBED WILL REQUIRE PAYMENT IN THE AMOUNT EQUIVALENT TO APPLICABLE TITLE INSURANCE PREMIUM AS REQUIRED BY THE RATING SCHEDULE ON FILE WITH THE OREGON INSURANCE DIVISION. The liability of Chicago Title Insurance Company of Oregon is limited to the addressee and shall not exceed the fee paid therefor. 9014710055 rdw T ELEPHOI 503-820-8097 FAX 503-684-5811 14389 S.W.PACIFIC NWY. T1GARD,OREGON 97224 July 1 , 2009 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Reference: Building Permits TO WHOM IT MAY CONCERN: The purpose of this letter is to inform all agencies that Alan Hopkins is authorized to act as my agent for any and all work performed on Canterbury Square Shopping Center, Tigard, Oregon. f ' / .r'/ :/,, 4 / Gera d C. Kolve, Own=r • INVESTMENT REAL ESTATE • The purpose of this statement is to establish that Azagrill, Incorporated, is the Lessee on a lease with Bull Mountain Investments, LLC. Ca.9--Ni\0 an&U-;(k---401/4.,1-Q1?V\NWA/th--) Bull Mountain Investments, LLC By:. 4hQQ `� � .I,� � Date: At --30- IS Gerald Kolve City of Tigard MINOR MODIFICATION--Type I Application REQUEST FOR CHANGE OF USE This Request for Change of Use pertains to an approximate 3000 square foot space, located within the Canterbury Square Shopping Center, having a common address of 14405 SW Pacific Highway, Tigard, OR 97224. The applicant would be changing the use to "Zumba Lessons and Banquets". Minor Modification--Type I Application 14405 SW Pacific Highway, Tigard, OR 97224 Applicant's Narrative re: TDC 18.360.050.81-11 1. There will not be any increase in dwelling unit density, or lot coverage, because this is not the residential development. 2. There is no change in the ratio or number of different types of dwelling units because there are no dwelling units. 3. This change does require additional onsite parking in accordance with Chapter 18.765. Attached is a matrix which indicates the total parking required (244 parking spaces) for both the "changed use" tenants as well as the other existing tenants. Even though the required parking has increased, the total shopping center parking available is 320 spaces. 4. There is no change in the type of commercial or industrial structures. 5. There is no increase in the height of the building. 6. There is no change in access or off-site parking . 7. There is no increase in vehicular traffic greater than 100 vehicles per day. 8. There is no increase in floor area. 9. There is no reduction in common or open space areas. 10. There is no reduction in amenities regarding recreational facilities, screening, or landscape provisions. 11. To our knowledge, there is no modification to the conditions imposed at the time of site development approval. - • Li ' d! A. _.._ . ._. y �r � . i 8 At 14 ftoDri I I eI ' :' !eel ,) I _............. 1 i 1 al iO(o : -1,(71/1.../..—.. 101 1 7,2-.&Les. 1 � 2.r IS I.I s 1 40 • 1"-- 1311 l I I Sia ray e. `�° = •, .0, , , C\5" .'IV —...------T 1 , \-,-. 0 , : , , . I . ._._. , i,, ---... , cr. i, y ,., ASABACHE kgan 1-.._..__. 'ar 3 it. ......._.. i 14411 SW PACIFIC HWY, el i,4- 1 7A I, �►'n� i TIGARQ,OR 97224 i • MOIL M •I. i.: y ' i { its' x -`•- 4 r i L :. . ,_ .\ = I.: f ` -.t� • 1. •I�- _. CANTERBURY SQUARE PARKING Total Parking Spaces 320 Handicap Spaces 4 Handicap Van Accessible 5 Compact 8 Bike racks 2 .0 I, , .. . . 4 4 ', • ' 40 , ,,,„; ) E ...,,p, "....i: '4 i t:::..„"--; 't.,,,,,,., - .l' ._ ,,.. . - , 41.# I '`' ..,.•7.' . ' , 3 . . . , i •, d'• ' ' :11 ---- • , , . 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