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MMD2016-00009 MMD2O16 - 00009 MMS Auto Sales NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2016-00009 11141 MMS AUTO SALES TIGARD 120 DAYS =July 15, 2016 SECTION I. APPLICATION SUMMARY FILE NAME: MMS Auto Sales CASE NO.: Minor Modification (MMD) MMD2016-00009 PROPOSAL: The applicant is proposing a change of use to a tenant space (Suite 160) at 11642 SW Pacific Highway. The 1,126-square-foot space was previously vacant, and will now be occupied by a Motor Vehicle Sales/Rental use,MMS Auto Sales. APPLICANT: James Dodson 20852 SW Cherry Orchard Drive Sherwood,OR 97140 OWNER: Ronald V. &Roberta E. Champion 16449 Lexington Court Lake Oswego,OR 97034 LOCATION: 11642 SW Pacific Highway,Suite 160 WCTM 1S136DB,Tax Lot 2400 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 nonconforming, 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. MMD2016-00009 NI NIS,Auto Saks 1 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 11642 SW Pacific Highway; south of SW Pacific Highway, west of SW 72nd Avenue, and east of SW Dartmouth Street. The subject property is a 1,126 square-foot tenant space inside an existing 6,968 square-foot, two-story commercial building. The 0.78-acre development site also includes a single-family dwelling on the southern end of the property, 32 parking spaces, and associated landscaping. The site is located in the General Commercial (C-G) zone, and the Tigard Triangle Plan District. Proposal Description: The applicant is proposing a change of use to a tenant space (Suite 160) at 11642 SW Pacific Highway. The 1,126-square-foot space was previously vacant, and will now be occupied by a Motor Vehicle Sales/Rental use,MMS Auto Sales. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: 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 Because the applicant has only proposed a change of use, which primarily affects off-street parking regulations, that is the main focus of this review. The 1,126-square-foot space was previously vacant, and will now be occupied by a Motor Vehicle Sales/Rental use. The approximately 0.78-acre development is a mixed-use,multi-tenant site, and is therefore subject to the required minimum vehicle parking formula outlined in TDC 18.765.030.D. The table below calculates the minimum off-street vehicle requirements based on this formula: Use Category Square Parking Spaces Percentage Total Parking Footage Required Required Spaces Required Sales-Oriented Retail 2,855 9 100% 9 Fast Food Eating & 1,644 12 85"„ 1)) Drinking Establishment Motor Vehicle 1,159 4 70% 3 Servicing/Repair Motor Vehicle Sales/Rental 1,126 4 61)" 2 Personal Services 184 1 60% 1 TOTAL 25 Staff finds that 25 parking spaces are required for the entire development, taking into consideration the change of use discussed above. Based on the applicant's submitted site plan, staff finds there is adequate parking at the development site,with 32 parking spaces provided. Upon review of the applicant's plans and narrative, staff finds that all other applicable requirements are met. This criterion is met. \IA11)2016-01)(09 \I\is:ALao sal,. 2. The modification is not a major modification. FINDING: Staff finds that the changes listed in TDC 18.360.050.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 MARCH 21, 2016 AND BECOMES EFFECTIVE ON MARCH 22, 2016 � A Questions: If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCS(atigard-or.gov. -- March 21.2016 APPROVED 1W: Lina Smith Assistant Planner \I\ID2016-00009 MINIS.Auta,Sales 3 APPLICANT MATERIALS APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTALELEMENTS as described on the front of this application in the"Required Submittal Elements"box. 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 required. Applicant's signature rint name Date 46.. . _ _ = CASE( BERNAK.D 3-7-IG Owner's signatur Print name Date CSEE NC -PCNED ppp.ov/L IF- Y-r S FOR CA `f TO :1C-,N FOR .01•1 AND Owner's signature Print name g. 'RE2TA CHAMPION.) Date ADDITIONAL OWNER/DEED HOLDER INFORMATION Name: Name: Address: Address: City/state: Zip: City/state: Zip: Signature: Signature: MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 (obbi Champion 16449 Lexington Court Lake Oswego, O 97034 503-656-5522 503-484-3611 May 3, 2015 To Whom It May Concern: I give permission to Casey Bernard to sign any necessary papers pertaining to the property located at 11640 — 1 1642 SW Pacific Highway Tigard, OR 97223 Thank you, Roberta (Bobbi) Champion From: Ron Champion <ronchamp52@yahoo.com> To: "caseysbernard@yahoo.com" <caseysbernard@yahoo.com>, "slaterarch@hotmail.com" <slaterarch@hotmail.com> Sent: Fri, Mar 30, 2012 14:32:39 GMT+00:00 Subject: Re: Commercial building on Pacific in Tigard Good morning. If I understand your requirements, the following should be all you need. If not, please let me know and I will provide whatever other info you require. I, as part owner of the commercial building on Pacific Highway in Tigard, authorize Casey Bernard to sign for me for permits that apply to this project. RON CHAMPION 25884 SW CANYON CREEK RD. #J302 WILSONVILLE, OR 97070 503/228-6868 ronchamp52@yahoo.com Have a great day, Ron " ♦ V. ''1.o- . .» .•#.'" f ', . -.R ._,.,4•Y , _. Ifir Ili �''o / 86060659 .. �; h03 \ , ;P WARRANTY DEED • W "I FRANK D. HARTWICK and EURMA R. HARTWICX, as tenants by the I— I--: entirety, Grantor, conveys and warrants to RONALD V. CHAMPION and ROBERTA E. CHAMPION, husband and wife, Grantee, that certain property • Z located in the City of Tigard, County of Washington and State of LU Oregon, more particularly described on the attached Exhibit A. • H C The true and actual consideration for this conveyance is MD W $250,000. Until a change is requested, all tax statements shall be sent to the following address: , pRonald V. Champion and Roberta E. Champion .<•a� • CC 11642 S.W. Pacific Highway ;..1,',01f7 O, Tigard, OR 97223 U W THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE '. LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Dated this 24th day of December, 1986. • 7� l Fra artwickk '7� Eurma R.ff twick AFTER RECORDING RETURN TO: Ronald V. Champion and Roberta E. Champion • 11642 S.W. Pacific Highway Tigard, OR 97223 A,(.,.'o t ^i',. �,, WASHINSTON COUNTY r ,r,+ RCAC A ofrearr TRAM$F[R TAX rrU.N, FEE MID mm. 1 - Warranty Deed I - RECEIVED ,� ,.H:,� -*AY 1 52.012 .. . e • � CITY OF TIGARD ;`'' 4 PLANNINGIENGINEER ,, i A T w 9 C ra\i� _ • A`ft.4Y Ig. STATE OF OREGON ) County of Washington ) ass• The foregoing instrument was acknowledged before se 24th day of December, 1986, by Frank D. Hartwick and Eurra R. Hartwick. ' 1 0 4.4:4.:).:..Ff: Nota Publi or Oregon O My commission ares: 6/5/1990 4°� :j, • i_ • • k 1 2 - Warranty Dead _• .;c.. . . .1--•.-1-0 • r _, i• % w�f 4 • Y_.! • e 1. _ ;C}P' 0 EXHIBIT A ---Beginning at the Northeast corner of the George Richardson '11 , Donation Land Claim situated in Section 36, Township 1 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, and 0 running thence South 0'13' West 794.46 feet to a point in the center-line of Red Rock Road; thence North 89'47' West 20.00 feet to a railroad spike marking the intersection of the westerly right-of- way of said Red Rock Road with the southerly right-of-way line of 4118 the present alternate State Highway No. 99W right-of-way line; thence following said State Highway right-of-way line on a curve to the right having a radius of 1462.40 feet (the long chord of which bears South 59'26' West 244.32 feet) a distance of 244.59 feet to a one-half inch iron rod set as a State Highway right-of-way line 111, monument; thence continuing along said right-of-way line South 64.13' West 338.05 feet to a one-half inch iron rod marking the intersection with the present right-of-way line of primary State Highway No. 99W; thence following said right-of-way line South 54'01' West 250.93 feet to an iron pipe, said iron pipe marking the n true point of beginning of this description; thence continuing South 1 54'01' West 83.68 feet to a one-half inch iron rod set as a State Highway right-of-way monument; thence South 53'34' West 23.90 feet to an iron pipe; thence South 0'30' West 537.33 feet to an iron pipe; thence South 88'10' East 86.50 feet to an iron pipe; thence North 0'30' East 602.12 feet to the true point of beginning of this description. --- SUBJECT To and excepting the following: 1. Easement, including the terms, rights and provisions thereof, For : drainage purposes Granted to : FRANK D. HARTWICK and EURMA R. HARTWICK, Recorded : January 10, 1967 Book : 627 Page : 46 Location : West 10 feet 2. Conditions, restrictions, easements and setback lines, including the terms and provisions thereof in Document, Recorded : January 26, 1972 Book : 852 Page : 149 3. All unrecorded leases and tenancies. STATE Of OREGON County of Washington Donald W.Mason.Oaector of Assessment and Taxation and Es-Oec,o Recaa,of Con- veyances tot said witty.do hereby cetey Cat ^ the *navrecorded eyd s!ninnt willwf was wowed arc m book of rands at said carry Donald W. Macon, Dvedo, W Assessment and Taxation. Ex. Omdo Carly Cleric 1986 0EC 26 AMID:53 iz "' • • t � y SLA ER RECEIVED ARCHITECTURE MAR 10 2016 CITY G�OEFNTIIGARD City of Tigard PMe chl7, 2016 INEERING 13125 SW Hall Blvd Tigard, Oregon 97223 RE: NARRATIVE MINOR MODIFICATION—TYPE I APPLICATION Site address: 11642 SW Pacific Hwy, Tigard, OR 97223 Tax ID Number: 1S136DB02400 Tax Account Number: R285168 The property owner seeks to obtain a Type I Minor Modification to mobilize a tenant in the existing building located at the property described above. The existing commercial structure on site is a two-story building with lease space on the upper and lower levels. There are two existing tenants on the upper floor: 1) A restaurant (George's Giant Hamburgers) at the north end, and 2) a medical marijuana dispensary at the south end, both of which will remain. The lower floor also has two existing tenants: 1)A barber shop and 2) an auto detailing shop, both of which will remain. This application seeks to occupy a now vacant portion of the building with an auto sales and repair shop. The balance of the lower floor shall remain vacant at this time. The proposed tenant, an auto sales and repair business, seeks to occupy 1,126 square feet of the lower floor. There are currently 32 on-site paved parking stalls, which is adequate for the tenant requirements. See attached site plan for parking calculations based on each occupant type. No modifications to the building are proposed for the conversion. The existing building height, setbacks, and square footage will not be affected. The evaluation criteria from the City of Tigard Municipal Code, Section 18.360.050.B.1-11 to determine that this project qualifies for a Minor Modification are addressed below: 1. This is not a residential development, therefore, is not applicable. 2. This is not a residential development, therefore, is not applicable. 3. No additional on-site parking stalls are required for this application. 4. A change in the type of commercial structure is not proposed or required. 5. The existing building height is not affected by this proposal. 6. No change is proposed to the type and location of access ways and parking areas for off-site traffic. 7. The proposed use of the building would not increase vehicular traffic exceeding 100 vehicles per day. 8. The proposed tenant would occupy existing building area. No additional square footage is proposed. 9. The existing common open space is not reduced below the minimum required or by 10% by this proposal. 10. No changes are proposed to the project amenities. 11. No known changes are proposed to the prior conditions of approval for this site. Thank you for your consideration of this proposal. Sincerely, Lisa Slater Slater Architecture 8900 NE Livingston Mtn Rd Camas, WA 98607 Phone : (360)817-2737 Fax: (360) 817-2733 RECEIVED SLA E R MAR 10 2016 ARCHITECTURE CITY OF TIGARD PLANNING/ENGINEERING City of Tigard March 7, 2016 13125 SW Hall Blvd Tigard, Oregon 97223 RE: NARRATIVE MINOR MODIFICATION—TYPE I APPLICATION Site address: 11642 SW Pacific Hwy, Tigard, OR 97223 Tax ID Number: 1S136DB02400 Tax Account Number: R285168 The property owner seeks to obtain a Type I Minor Modification to mobilize a tenant in the existing building located at the property described above. The existing commercial structure on site is a two-story building with lease space on the upper and lower levels. There are two existing tenants on the upper floor: 1)A restaurant (George's Giant Hamburgers) at the north end, and 2) a medical marijuana dispensary at the south end, both of which will remain. The lower floor also has two existing tenants: 1) A barber shop and 2) an auto detailing shop, both of which will remain. This application seeks to occupy a now vacant portion of the building with an auto sales and repair shop. The balance of the lower floor shall remain vacant at this time. The proposed tenant, an auto sales and repair business, seeks to occupy 1,126 square feet of the lower floor. There are currently 32 on-site paved parking stalls, which is adequate for the tenant requirements. See attached site plan for parking calculations based on each occupant type. No modifications to the building are proposed for the conversion. The existing building height, setbacks, and square footage will not be affected. The evaluation criteria from the City of Tigard Municipal Code, Section 18.360.050.B.1-11 to determine that this project qualifies for a Minor Modification are addressed below: 1. This is not a residential development, therefore, is not applicable. 2. This is not a residential development, therefore, is not applicable. 3. No additional on-site parking stalls are required for this application. 4. A change in the type of commercial structure is not proposed or required. 5. The existing building height is not affected by this proposal. 6. No change is proposed to the type and location of access ways and parking areas for off-site traffic. 7. The proposed use of the building would not increase vehicular traffic exceeding 100 vehicles per day. 8. The proposed tenant would occupy existing building area. No additional square footage is proposed. 9. The existing common open space is not reduced below the minimum required or by 10% by this proposal. 10. No changes are proposed to the project amenities. 11. No known changes are proposed to the prior conditions of approval for this site. Thank you for your consideration of this proposal. Sincerely, Lisa Slater Slater Architecture 8900 NE Livingston Mm Rd Camas, WA 98607 Phone : (360) 817-2737 Fax: (360)817-2733 LARGE PLANS FOR THIS FILE ARE IN THE RECORDS ROOM CITY 0 F TIGARD Approved by PIa ning Date: 3/2////r2 PROJECT INFORMATION Initials: [ 1 SL F,,TYPE I - MINOR MODIFICATION FOR: .� �.r TIGARD AUTO SALES / REPAIR 22 A Re 6wW.],;2380771;-92;, C018.2 881960222 getotraft=iet 98199 191102 7:2•9239 14. 868 13002 01,-2913 01 •,e.ate]. 46.8M2'8022`IM' CITY OF TIGARD TIGARD,OREGON 2.0 9.2662. 181.12022200 "'SEAL T.ALCO.6.0902 182961611 .°,sa °"A.0966 221978122 s, SR *Pi 2.19. ns,.Rmc C9 289628 XMaPcul8 t VICINITY MAP — ' e..ve •• SPAaA]• \11 V L.,„---- T7,,,2767: a OP ° a. E Vit';.08 AOC,. 26.2 PLOW �n LC.19 69008 - �' ,NenwM.• • no �omt 5 r ,_ s.... ,,..r EXISTING CMIMSGAL I '' RESIDENCE a von.o® • y , BUILDING Ir .129 12.092 9 ms ° , 3 \ .z 1 X286.030 C22 I ti p, I ,,:. Tr . � py3F 1 .� :: .os l ' � ^a n. ▪ ', � I �I 4— — — — — ` • { y4. a�a . uwe]usI EXISTING I 'XTuF.,n'' BUILDING I— W CC 1%.°V,°,16'.', 1„,I;b,m S'" {ff).' t°-"+y.. N'& ` FULL SITE PLAN NORTH LU 3Mr..%ISM ;�71:,'far"'R.X 2777_ ,_;J-a-y ,4': ''', :; , EXISTING CONDITION 41 v sta.115 cams; 7 t. -i±-7.".. .' OARO'.:7 1 J —I \\\\.7 -, CO PROPERTY LINE Z 0 _______ , , \� 7.7 LU M OO C7 EXISTING ASPHALT Q AYIN�CCO 0 X \ /SIITING WUVE \ 0.69. G I I-bJ \ EXISTING ASPHALT� EXISTING I A PAVING BUILDING 1 �, o <- -V,....., > 9 O ne calls .2.368 SF LOWER FLOOR Oi REMAINING) r /,,PROPOSED / U Cj� Lm� AUTO SALES/REPAIR / Q O O / L_.__ \ / n A �(1,TII N,LOWER FLOOR) % \ C SEVISION, EXISTING ASPHALT E e w Q.go corm» PAVING860.866.16.8 Rarcn °aw**SS/ )0 l _ /�, • i .C66.°WM.. JB NO.Axa TYPE t� ,.�1�X, K _ APPLICATION EOP \ EXISTING ASPHALT %' I 0 0 0 C C C C PAVING 9 \ 0 owr xww� EXISTING `r - T T 1 DUMPSTER — ,) J 1 C ENCLOSURE L O \TN PROPERTY LINE NORTH /� u EXISTING BUILDING © PARTIAL SITE PLAN /�- t .-I SITE RUN TITLE S.EET J • N's r. SL ARCHITECTURE 1 .. Canso.W•CHM EXTERIOp COyEAR WAIA .2131 1-- —Jr I ) l ,...,.,.. i • EXISTING I BAREER SI IOP I • \ p te OFFICE EXISTING YH.Cc.NT STORAGE t Of IIM4P , • 728 SF\ EXIn Y— STING4" FACILITIES _- \• 1 U 9C�0� � �' ` Qg 1 1 a . a ._✓/STOfAOE00 II \` \ Z - CC ` Y J r \` 6 co g O. `\ _ p a PRJPO$ED I NOT PART < 1 • J co SPACE ANI OF PERMIT N. LL ` Q \ / ¢ H 0-. W \• 3 Q EXISTING O :a AUTO DETAILING • I . i59 SFjuL Q CITY OF TIGARD Approved by Planing - I� � _ Date: ...3/-21 PrP ' 10 , LS Initials: J �'.F�N. __ L___ .03.0.,.. TYPE I �..�. APPIJCATION ..s...ruc, NORTH i l LOWER FLOOR PLANSET ND