Loading...
MMD2017-00038 NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2017-00038 CALIFORNIA DELI T I GARD 120 DAYS =January 5, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: California Deli CASE NO.: Minor Modification (MMD) MMD2017-00038 PROPOSAL: The applicant is proposing a change of use to a tenant space at 12959 SW Pacific Highway. The 620-square-foot tenant space will be changing from a personal services use to a fast food eating and drinking establishment,California Deli. APPLICANT: David Ruiz Jeronimo 8175 SW Pfaffle Street Tigard,OR 97223 OWNER: Penney Kim 395 NW Silverado Drive Beaverton,OR 97006 LOCATION: 12959 SW Pacific Highway WCTM 2S102BD,Tax Lot 2600 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. MMD2017-00038 California Deli 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 12959 SW Pacific Highway; on the northwest side of SW Pacific Highway, north of SW Park Street,and south of SW Walnut Street. The subject tenant space is 620 square feet in size, and is located within an existing shopping center. The 0.86-acre development site is made up of one tax lot (WCTM 2S102BD,Tax Lot 2600), and contains an existing commercial building, an existing wireless communication facility (originally approved under Case No. CUP96-0009), and 43 parking spaces. The site is zoned General Commercial (C-G). 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 FINDING: 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 subject 620-square-foot tenant space will be changing from a personal services use to a fast food eating and drinking establishment, California Deli. The 0.86-acre development is a mixed-use, multi-tenant site, and is therefore subject to the required minimum vehicle parking formula outlined in '1'DC 18.765.030.D. The table below calculates the minimum off-street vehicle requirements based on this formula: Square Parking Spaces Percentage Total Parking Use Category Footage Required Required Spaces Required Sales-Oriented Retail 3,260 10 100% 10 Repair-Oriented Retail 2,870 10 85% 9 Office 2,550 7 70% 5 Bulk Sales 900 10 60% 6 Fast Food Eating& Drinking Establishment 620 5 60% 3 TOTAL 32 Staff finds that 32 parking spaces are required for the subject 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 43 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. MMD2017-00038 California Deli 2 2. The modification is not a major modification. FINDING: Staff finds that the changes listed in '1'DC 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 SEPTEMBER 11, 2017 AND BECOMES EFFECTIVE ON SEPTEMBER 12, 2017 ►��rin Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. September 11,2017 APPROVED BY: Lina Smith MMD2017-00038 California Deli 3 APPLICANT MATERIALS RECEIVED City of Tigard AUG 31 2017 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD TIGARD Minor ModificationType I lie811G U PROPOSAL SUMMARY (Brief description) A REQUIRED SUBMITTAL _ Oe a Gal i- 0(-r -‘a. "'1)_e_ `, ELEMENTS f ^' Owner's Signature/Written Authorization Title Transfer Instrument or Deed Site Plan(2 large plans drawn to scale 'i.. RC1 S and one reduced to 8.5"x111/2") X Applicant's Statement/Narrative Property address/location(s): Q`/ _ .Sw V n erg: L- ti'� (2 copies)Address criteria in: —17-5C'%* 0-1' -j -Z-Z-.3 TDC 18.360.050.B.1-11 • TaA pap and tax lot #(s): , Filing Fee n� 1,tfitileV/ (€ 2C) e size: 6"j/ c„ Sqf FOR STA t H. t SI, ONI_l Applicant*: D.A. ts'iZ. ,��r,i1 M"'\ /4A4 - g8 Case No.: l� Address: Ui- S — cc, ' lria to Sf, Related Case No.(s): City/state: ycc. r; Zip: 912? "13/23 Phone; ') itSt_�L 0. Email: " C° 1 .: ►:yApplication Fee: Application accepted: g PROPERTY OWNER DEED HOLDERS Same as A licant By: Date: g! >� * Application determined complete: Name: khi i ..e...4,-`/I,14,/E%°��' Address: % - / /eC?f 1 L. By: h.2 Date: City/state: • % / 1' 1 ip: J4 /' I:\CURPLN\Masters\Land Use ApplicationsRev.11/24/2014 Contact name: ��/n-� • / 'G CL,,�� 5(Y/` Phone number: �iC 3 ..- _ 2 - /-� �' (iT 7 When the owner and the applicant are different people,the applicant must be the,p; chaser of record or a lessee in possession with written 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. APPLICANT'S STATEMENT The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or 18.330.020(B)(2) must be addressed with a detailed response to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. In addition,the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards. Other requirements of this title such as clear vision,solid waste storage,non-conforming situations,signs,and tree removal may also be applicable depending on the type and location of the proposed modifications. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2 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. SIGNAT S of -a h owner of the subject property required. rid-hogr kulz_ 'Tern*Yto _841_0 Ap a >s : :j T ture Print name Date grfh, (5' Ow er s signatu Print name D to Owner's signature Print name 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 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 FORM No.961-BARGAIN AND SALE DEED-STATUTORY FORM(Individual Grantor). ...�.-.....---___.-_ ___. 1,1 NS � Washington County,Oregon 2002-043332 I _ 04111/2002 03:20:15 PM I iC-T l' i I'' D-DBS Cnt■1 Stne22 RECORDSI1111 'R.[;' Jam. 1 $5.00 S6.00$11.00 -Total=522.00 11 ---- Li Tc-ir IZ-il\-4- 11111 1 11111111111111111011111 III --- t; Grantors Name and Address 9 �'�rn k I 00083318200200433320010017 011 ( a i�v e1��1 d d ��`� I,Jerry Hanson,Director of Assessment and Taxation , and Ex-Officio County Clerk for Washington County, �.,, ��[� '�'� 'C/� Name y �a�� do hereby certify that the within instrument of writing 6,,, ,,,,,,ty,,iGrantee's and Address was received and recorded In the bo k of records of . irl SPACE RESERVED said county. �r .. ; j After Ing, m to(Name,Address,ZI ): FOR ` i Director ssessment and Taxation, •:�...• _-- rj-� �`� `. MLasccomparitti4.4AMOkson, IR ,,. . �; Ex-Officio County Clerk I �_ r h . �1 I•-e vc1 �L'___ P r'- - Witness myhand and seal of County _1_ _ � Q 1Sl �-'-- - - affixed. Until r uested otherwise,send all tax statements to(Name,Address,Zip): AUG 31 2017 . e/Y7.41 16 NAME TIS - s!1 u .k U d U pit_ CITY OF TIGARD Y ----��---� PLANNING/ENGINEER* ,Deputy. -T BARGAIN AND SALE DEED-STATUTORY FORM `r (INDIVIDUAL GRANTOR) %/•j ,, _g 0 l_3 &R----/- I/ A-1 ,U JG rN AC L l i1-t !C ,Grantor, conveys to /767:4)/C 5 X kik-/ , Grantee, U-14-SH-7 ;' 7 County,Oregon,to-wit: ' the following real property situated in __ � _� � � �� r � , 1 -1 SC I0 Ci= LO± 3 g tiio��� 7 7;7q;-c� v.I/,e. /4 cldj• ,- C 71 , i 1 L L'Gq c N"115+c.)1 Mid Cl C-- -6'i-1'.e c.; ' ���X71 X C-� f'�� Cc)L )i y 6-m Ji) e es-/- 0 »ce bc1.9 pet i r ,-,. --t-h e_{e---1(-::(nA /‘, 5 „Fee-i: C r, fx-C E"f--1-; 1)5 -Hi v-..c__+.),-,:),-,-,1 .4i,z, pc r--1--. Is t-}Li C"3/n 1/e' y c cti -4-c 1-htt. , ,......... , „ sp{a f� � C-rc-T 1 4-cr- 11;5 ii 1,t ),Q)' po)--p scs7 k 3 .33f�'Cy �6o✓ ; , (IF SPACE IN 1 FFICT,CONTINUE DESCRIPTION ON REVERSE) The true consideration for this conveyance is$___L---.!-- .(Here,comply with the requirements of ORS 93.030.) ij Dated this day of , 19 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGU- NOI -i 7 kii(--/ LATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPRO- PRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES ---) • i AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST -__/ .,,1 _ a PRACTICES AS DEFINED IN ORS 30.930. • STATE OF OREGON,County of_ ,L i r''( d7 )s§• is instrument was acknowledged before on _�` 17 C / ' ='2 0 2 a:/ b - k --7- t:```----------------------------------------- ----- --------------------- ------.),, ...-, .--) i y -- i J. -? / —.:--- f- f r 'II_SEAL �� - __ , f r (A , {_i ( -' SARA!-- i. I�lZ ROMERO - '' =3! OREGON Notary Public for Oregon C C` ;r. ; NO.323923 ( mmission expires __ -- c`- ---- MY COMMISSiCt,' `L JUNE 28,20Q3� 1.-�ti- - -„ :_.. _ _ - `--`--` _- 7/1/14 TO 6/30/15 REAL PROPERTY TAX STATEMENT WASHINGTON COUNTY OREGON * 155 N FIRST AVE., RM 130 * HILLSBORO, OREGON 97124 PROPERTY DESCRIPTION MAP: 2S12BD-02600 ACCOUNT NO: R2143977 SITUS: 2014-2015 CURRENT TAX BY DISTRICT: KIM, PENNEY COLL-PORTLAND 5.60 395 NW SILVERADO DR ESD-NW REGIONAL 3.05 BEAVERTON, OR 97006 SCHOOL - TIGARD 98.69 TIGARD/TUAL/AFTER LOL 19. 90 LEGAL DESCRIPTION CODE AREA: 023.74 EDUCATION TAXES: $127.24 NORTH TIGARDVILLE ADDITION, LOT PT 37, ASSOCIATED WASHINGTON COUNTY 44 .52 COMMUNICATION SITE- REG-METRO SE'RVICE --1. -91- PORT-PORTLAND `191PORT-PORTLAND 1.39 FIRE-TV FIRE & RESCUE 30.20 CITY-TIGARD 49.76 [VALUES: LAST YEAR THIS YEAR CLEAN WATER SERVICES 0.00 UR-TIGARD-DOT 1.36 MARKET VALUES: FIRE-TV FIRE & RESCUE LOL 4 .98 LAND 157, 890 159,470 WASHINGTON COUNTY LOL AFTER 11.74 STRUCTURE: 0 0 AQUATIC-TIGARD TUALATIN 1 .78 TOTAL RMV VALUE: 157, 890 159,470 REG-METRO-AFTER 1/1/2013 1.91 TAXABLE VALUES: GENERAL GOVERNMENT TAXES: $149.55 ASSESSED VALUE 19, 330 19, 900 BOND-METRO SERVICE DIST 1.76 BOND-PCC 2.69 BOND-SD ##23-TIGARD 7.17 BOND-TIGARD/TUALATIN-AFTER 22 .15 PROPERTY TAXES: $323 . 58 $330 . 76 BOND-TV FIRE & RESCUE AFTER 2 .31 BOND-CITY OF TIGARD AFTER 8.32 APPEAL DEADLINE December 31, 2014 BOND-METRO SERVICE AFTER 3 .53 Value Questions 503-846-8826 Tax Questions 503-846-8801 BOND-PCC-AFTER 6. 04 Business Persona! Property Questions 503-846-8838 BOND AND MISC TAX: $53 .97 Other Questions 503-846-8741 2014-15 TAX (Before Discount) $330.76 PROPERTY TAX PAYMENT OPTIONS (See back of Statement for payment instructions.) Due Discount Net Amount Due Pay DELINQUENT TAXES: NO DELINQUENT TAXES DUE In Full 11/17/14 9 .92 $320.84 2/3 11/17/14 4.41 $216.10 (See back for explanation of taxes marked with an asterisk("). 1/3 11/17/14 NONE $110.26 Delinquent Tax Total is included in payment options to the left.) MAKE PAYABLE TO:Washington County TOTAL (After Discount) Online- https://ecomm.co.washington.or.us/propertytax $320.84 Pay By Phone: 1(888)510-9274 Many factors can affect the amount of your tax bill. r If you live in a taxing district that has new voter approved Bonds or Local Option Levies,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%. 1 For additional information please refer to The Press Release at www.0n.washinaton.or us/AssessmentTaxation or you can call the county offices at(503)846-8741. 711114 TO 6/30/15 REAL PROPERTY TAX STATEMENT WASHINGTON COUNTY OREGON * 155 N FIRST AVE., RM 130 * HILLSBORO, OREGON 97124 PROPERTY DESCRIPTION MAP: 2S12BD-02600 ACCOUNT NO: R464580 SITUS: 12925 SW PACIFIC HWY, 2014-2015 CURRENT TAX BY DISTRICT: KIM, PENNEY COLL-PORTLAND 175.48 395 NW SILVERADO DR ESD-NW REGIONAL 95.47 BEAVERTON, OR 97006 SCHOOL - TIGARD 3, 092.45 TIGARD/TUAL/AFTER LOL 623 .59 LEGAL DESCRIPTION CODE AREA: 023.74 EDUCATION TAXES: $3, 986.99 NORTH TIGARDVILLE ADDITION,_ LOT PT 37, ACRES .86, WASHINGTON COUNTY 1, 3 94.97 SEE ASSOCIATED ACCOUNT(S) REG-METRO SERVICE 59.99 PORT-PORTLAND 43 .53 FIRE-TV FIRE & RESCUE 946.30 CITY-TIGARD 1, 559.22 VALUES: LAST YEAR THIS YEAR CLEAN WATER SERVICES 0.00 UR-TIGARD-DOT 42 .59 MARKET VALUES: FIRE-TV FIRE & RESCUE LOL 155.90 LAND 671, 800 671, 800 WASHINGTON COUNTY LOL AFTER 367.92 STRUCTURE: 185,440 204, 070 AQUATIC-TIGARD TUALATIN 55.81 TOTAL RMV VALUE: 857, 240 875, 870 REG-METRO-AFTER 1/1/2013 59.86 TAXABLE VALUES: GENERAL GOVERNMENT TAXES: $4, 686.09 ASSESSED VALUE 605,430 623, 590 BOND-METRO SERVICE DIST 55.00 BOND-PCC 84.25 BOND-SD #23-TIGARD 224.55 BOND-TIGARD/TUALATIN-AFTER 694.06 PROPERTY TAXES: $10, 134 .30 $10, 363 . 75 BOND-TV FIRE & RESCUE AFTER 72 .27 BOND-CITY OF TIGARD AFTER 260.60 APPEAL DEADLINE December 31, 2014 BOND-METRO SERVICE AFTER 110.56 Value Questions 503-846-8826 Tax Questions 503-846-8801 BOND-PCC-AFTER 189.38 Business PersonaLProper-ty-.Questions_—_ 503-846-8838 __-_ BOND AND MI SC TAX: $1, 690,67 Other Questions 503-846-8741 2014-15 TAX (Before Discount) $10, 363 .75 PROPERTY TAX PAYMENT OPTIONS (See back of Statement for payment instructions.) Due Discount Net Amount Due Pay DELINQUENT TAXES: NO DELINQUENT TAXES DUE In Full 11/17/14 310.91 $10, 052.84 2/3 11/17/14 13 8.18 $6,770.99 (See back for explanation of taxes marked with an asterisk(*). 1/3 11/17/14 NONE $3,454 .59 Delinquent Tax Total is included in payment options to the left.) MAKE PAYABLE TO:Washington County TOTAL (After Discount) Online- https://ecomm.co.washington.or.us/propertytax - $10,052.84 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 Levies,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 information please refer to the Ress Release at www.co.washington.or us/AssessmentTaxation or you can call the county offices at(503)846-8741. All Payments Processed Upon Receipt Q/Tear Here V Tear Here i -0 0 W o <0 • .11 LLW I Oz • I w Q Uz /(E) PARKING CC a_ (E) BUILDING I ./:, i STRIPING 4 � o� � o v� ,� I Q a ZILDING L © 5 0 I `� v o ) uart OF TIGARD T- 1 ' IApproved b PI nning Date: �� ��- i 6. .�._ I I I I I Initials: k.Q I ./(E) PARKING I/ liF - - _ r. (E) DRIVE AISLE (E) DRIVE AISLE SW PACIFIC HWY. _. . ...._..4 _ � __�. _�'_ . _�_ Ti. iiIIIJJ: L --� -- --� __�_ ' ___ ___.-_-- _____. �_-___-_ ___' � � _- _^__-_�__-_'-____-_____--_____-___ __ -___ __ . '-_-- ___ _� - __ _____-__ __ _-- --- ------ --- -- ----' - -- 7-- '---- ' ----- -- --------� | | � ___�_ _ _�_ _ _L __� --- - -- -�-- -- - ( __________ _ ______ __ ___ ��� �_~__ _______ _L__^---- - --'--- ---- '--'-�---------�--------- ---- Suite Tenant Square Footage Use Category 12955 Cricket Wireless 620 Sales-Oriented Retail 12957 DeLoach Watch Service 620 Repair-Oriented Retail 12959 California Deli 620 Fast-Food Eating & Drinking Establishment 12961 Torched Illusions 620 Sales-Oriented Retail 12963 Torched Illusions 620 Sales-Oriented Retail 12965 KBA Northwest, LLC 900 Bulk Sales 12971 Anderson Collection Agency 1,100 Office 12975 La Espiga Latina 1,400 Sales-Oriented Retail 12977 Hiller's Emblem Shop 2,250 Repair-Oriented Retail 12979 Anderson Collection Agency 1,450 Office TOTAL 10,200 Ate: 8/28/2017 Subject:Narrative for minor Modification RECEIVED Project title: California Deli AUG 31 2017 By: David Ruiz JeronimoCITY OF TIGARD R CANNING/ENGINEERING To: Planning Director. City of Tigard 10-6\ The Minor Modification Proposes a Deli To an existing property suite located at 1p4' SW Pacific Hwy Tigard O.R 97223 With the C-G Zone No work in or connecting to the right of way. 18.360.050 Minor Modification(s)to approved plans or Existing development 3. Evaluation criteria. The director shall determine that a major modification(s)will result if one or more of the following changes are proposed. There will be: 1: Response: No the proposed development is located in the general commercial zone C-G has no impact on residential development. 2: Response: No the work is located on commercial property and not associated with any residential development . 3: The existing parking is currently over-parked parking will comply with the requirements of cnapne- 18.765 without additional parking,the existing building currently has 42 parking stalls and non shall removed at any time. California deli will have a total of 620 square feet. On-site retail uses and associated parking are as follows: Sales Oriented Area 4,110 SF PR per 18,765 3.0/1,000 SF has 12.33 parking stalls Repair Oriented Area 620 SF PR per 18,765 3.3/1,000 SF has 2.046 parking stalls Personal Service Area 5,470 SF PR per 18,765 2.5/1000 SF has 13.675 parking stalls Eating and Drinking Area 620 SF PR per 18,765 7.0/1000 SF has 4.5 parking stalls 4: Resnonse: no change to building is proposed. 5: Response:No work to increase the height of the building will be done at any time. 6 :Response: No all work is contained with in the existing building no other work is proposed in any way to change type and location of access to ways or parking areas where off-site traffic would be effected. 7: Response NO not at this time the expected vehicles per day increase would be about 30 and only about 12 people at any one time would in the actual suite so divide that by 2 and maybe six cars would take up space during rush hour. 8: Response ;No increase in the floor plan at all. 9: Response No reduction to any open space or impact on any open space by work it modifications will impact this type of area. 10: Response: No the proposed project will not reduce any recreational, screening; and or landscaping listed site amenities. 11: Response :NO major modification in mind.