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MMD2012-00015 NOTICE OF TYPE I DECISION I ■ MINOR MODIFICATION (MMD) 2012 -00015 : GREENWAY TOWN CENTER CHANGE OF USE T I G A R D 120 DAYS = 1 -25 -2013 SECTION I. APPLICATION SUMMARY FILE NAME: Greenway Town Center Change of Use CASE NO.: Minor Modification (MMD) MMD2012- 000015 PROPOSAL: The proposal would result in a change of use for two tenant suites at Greenway Town Center, with 2,100 square feet of 12280 SW Scholls Ferry Road changing from personal services to eating and drinking establishment (fast food), and 3,105 square feet of 12268 SW Scholls Ferry Road changing from Eating and Drinking Establishment (fast food) to personal services. APPLICANT Darin Bouska NW Precision Design 22605 SW Pinehurst Ct. Sherwood, OR 97140 OWNER FW OR — Greenway Town Center LLC PO Box 790830 San Antonio, TX 78279 LOCATION: 12268 & 12280 SW Scholls Ferry Road; WCTM 1S134BC, Tax Lot 00300. 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. A wide range of uses are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 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 below. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is approximately 7.64 acres in size, and is located on the south side of Scholls Ferry Road, between 121" Avenue and North Dakota Street. The parcel is fully developed as a strip mall MMD2012 -00015 Greenway Town Center Change of Use Page 1 of 3 (Greenway Town Center) and contains a variety of land uses. Surrounding land uses include commercial strip development to the east and west, and multi- family residential to the north and south. Proposal Description: The applicant is proposing a change of use classifications in two tenant spaces within Greenway Town Center. Presently, 12280 SW Scholls Ferry Road is approved for personal services (formerly Oregon Community Credit Union), the applicant wishes to convert this to an eating and drinking establishment to allow a new little Caesar's Pizza to open. In order to offset the resulting increase in required parking, the applicant is proposing to convert a larger tenant space at 12268 SW Scholls Ferry Road (formerly Lucky Jade Restaurant, now vacant) to personal services. As demonstrated below, these changes will not result in an increase in required parking. Existing Parking Requirement Proposed parking Requirement 12268 SW Scholls Ferry 3.105 x 9.9 = 31 spaces 3.105 x 2.5 = 8 Spaces 12280 SW Scholls Ferry 2.1 x 2.5 = 6 Spaces 2.1 x 9.9 = 21 Spaces Total 37 spaces 29 Spaces 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. 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 in compliance with the applicable requirements of this title and is a minor modification of existing site development. SECTION V. PROCEDURE AND APPEAL INFORMATION 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. MMD2012 -00015 Greenway Town Center Change of Use Page 2 of 3 THIS DECISION IS FINAL ON AUGUST 1, 2012 AND BECOMES EFFECTIVE ON AUGUST 2, 2012 Questions: If you have any questions, please contact John Floyd at (503)718 -2429, johnflatigard- or.gov or by mail to the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, 97223. August 1, 2012 APP t.if ED BY: Jo n Floyd, Associate Planner DATE MMD2012 -00015 Greenway Town Center Change of Use Page 3 of 3 Tigard, OR 97223 GREENWAY TOWN CENTER CENTER SIZE 93,100 Si AVAILABLE SPACE 12220 SW Scholls Fer'y Roac Inez 1.7504 17280 2.100 SE 12268 3.105 SI 12282 2.025 Si Springwood Drive CURRENT RETAILERS 12150 NAVA JAVA 1 SF 12220 IHIII IV /AY 37.500 SF 12230 RR AID 17 00051 J 12244 DULLAR IREL 12 000 SI 12260 CLASSY NAILS 1250 SI 12264 SNAP I I I NE SS 2,295 SE RIT N� Iz266 Doms 3.105 SF \ 12272 MCMENAN N'S PI,B 4.395 SF P...1.01....1. ,, r,,,* , 12244 12286 BAIA FRFS -I 4,947 SF 12230 12288 COI D STONE CREAMERY 1.128 SF L.L.i \ 12220 / 12280 z �� 12262 Proposed Change of Use '12268' Q RAP ✓ / 12284 - Change from Eating and Drinking Establishment to y 12266 Personal Service. -, . ' _ 74 .7_777 � � (3 /OS i. p r i iw' �e ' 4 _ n.efAfi•e zed Z 31, ki, Vi � 12272 NAP : Proposed Change of Use � I- ; +� '12280' . , - Change from Personal Service to Eating and ,�,� �� � �p���� „ 1 , �, , , f Drinking Establishment. (2,100 s.f.) `" 'S8� 12288 '�� 12211 Carl's Jr. ii 1► NAP 12150 N SW Scholls Ferry Road ❑ AVAILABLE ED LEASED IL NA 601 A PART REV. 0349/12 0 0 !" Cantar.l KALIN BERGER 1 503.603.4700 I KalinBerger @RegencyCenters.com cen*ers `" o a �Y 'o ' IVr fee ,.ua.,nn.rpw.ne•aaea.arer, a.'/.mare x :0220.!ca,rrw m.+va.;aaa ra2.1 fl n'T. rrd Sr. a pt'. r. 4 sn ,aae ptemyAnd k • Of. as aponson•'ea ,rnIX.an ..la fa , a'a•wemm� wes.yea rraOwe. JCJ,aees. .,Ian, sera 11 IP. •rCMbcl hce: va. er •aala rvrtn;.ara. al.aar ca /o,u<rae ertrrrr•.,r. A.r *Si% v 9a Lr.6aa. RECEIVED JUL 0 5 2012 CITY OF TIGARD $ PLANNING /ENGINEERING City of Tigard Minor Modification — Type I Application GENERAL INFORMATION In addition, the Director must find that the proposed change is in compliance with all applicable requirements of ^mperty ,'.ddress / ^ocation(s): 2 2 Z fl 51►3 Title 18 of the Tigard Development Code. To complete SAN o t s t rt !- o e 2 this review, the Applicant's proposal must include a Tax Map & Tax Lot It(s); discussion indicating how the site expansion /change will C. -r 00300 continue to comply wah the maximum setback, building Sit Size: height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste applicant*: GI S t D4 tE storage, non- confoming situations, signs, and tree. Address: 12411.5. Pt. 4i 40 C7 removal may also b. applicable depending on die type and Cary /State:_ S_.ElIrRtei.aoti_D a M. _ Zip: at t 40 location of the proposed modifications. Primary Contact: —111' tot w� _ Phone: 5 - (2 O • 4 4'44 hoax: I. -Mail' 1) JPa""T. Goo. - -- Property (honer /Deed liolder(s)*: PEOLTRED $11131's:IT •ALBLEM NTa (Attach !hid d mare than one) / /��(.•ppitcauoru will not he accepted without the GL Addres: following required submittal elements) t ..� �+ Phone� ti '� �� Zip. C - c- ❑ Application Form (.i /Statr.S L+t�C�St.E � 3' 1 ❑ Owner's Signature/\Gnttcn Authorization When the Owner and the applicant arc tuff: rent people, the ❑ Title Transfer Instrument or ile.,d applicant must be the porch: sea of record or a lessee in ❑ Site Plan (4 Large Plans '. One - Reduced to 81/2" it 11") posses ion witu writtc••1 authorization from the owner or an agent of the u eer. 71u owner(s) must sign this application ❑ Applicant's Statement/Na rutivc (7 etrpi�.;) v in the space provided oil the bad of this fomr or submit a ❑ filing Fie $605.00+ wtitten authorization with this application. Minor Modifications: Minor Modifications arc processed for permitted tees and . __ _ w.... �. -- conditional t, es. To review a modification as a 'Minor Modification, the Director must first fine. that tFc c pansion 1 FOR STAFF USE ONLY or change does not invoke one or more of the crite-ia I a °�a --(2 5 discussed within Section 18.360.050(B) - Si.e Deselo)pr,aent t (:as' Nn.( s): M U Review or Section 18.330.020(B)(2) - Conditional Use. If the — — modificati.n eu.eu rnum tls the maxi allowed under any one or ! ( biter Ca-' h er. {s):��__. __ _- more of the criteria, a Major Modification review i.. re uired. - Major Modifications are processed in the same mat ner as a I Receipt ','.: i ). Z. new Site Ihvciopmc.tt Review or Conditional Use Permit. llarc: 7-5-a, ] Applicant's Statement: 1, rPlication Accepted By: / o M f fi r•, 'l'hc applicant's statement must include a surrunary of the gate D, r ; min. d t:omph t proposed chn.n}_s. Criteria in either 18.360.050(B) or I s.:•.. tnnl 18.330.020(b)12) must be addressed with a detailed response API." - to each criterion. Failure to provide the information needed to process the applicition would be reason to consider an application incomplete and delay review of the proposal. City of Tigard 13125 SW !fall Blvd., Tigard, OR 97223 I 503- 7 18 -2421 I wa w.tig:u•d- or.go: Page 1 oft I'o consider an application complete, you will need to submit. LL of the REOUI SUI�MI 'ITAI, ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. • . • (netailu] Sul,mitutl Iteyuir.rrr:nt Infirmation sheets can be obtained, upon request, for all types of Land l'se Applicatir•.: ^.) i rile APPLICAIV (S) SHALL CERTIFY • The above request cic•es, Lyjgl tt a:rq c',ec1 rt. quiet: - ins till mi y b. rttache to or i pot ed u; oat t subj.':t rmei • If the application is bran.ed, the applicant will cz rrise ti:e rights -anted in accordance .rith the terms and : u'bjext to all the conditions and limitations of the approvaL • Al] of the above stslem .nts and the statt.n.:.n.s in the rite. plan, at.:acL..cn:s, and exhibits Irv) mintxl herewith, are tru ; -.xl the applicants SC) act nowles *.c that any permit isaued, b.tst.d on this 'r•)!irai 4)11, and racy be revoked if it is found that any such stat. menus an. false. ♦ :he .l.plica.t hls mad the entire contests of the app,: tion, including .t.e .)olicics and criteria, and uncle- stands tht 1—Nun—silents for . ppruving or denying die ap SIGNATURES of ti twvnrr of the subject property. I ATt�1)this `� 3 day ` / ,20 I • ces-S' stat Owner's Signature ' Owner's Signature Owner's Signature - — — Owner's Signature Owner's Signature City: of '1'i; and I 13125 S \\ I fall Blvd., Tigard, OR 9 503- 639 -4171 I www.tigard- or.gov I Page 2 of 5335 Southwest Meadows P 503 603 4700 Suite 295 F 503 624 0336 Lake Oswego, OR 97035 RegencyCenters.com Regency Centers. July 5, 2012 City of Tigard Community Development Planning Dept. Re: Minor Modification — Type 1 Application (Change of Use) 12268/12280 SW Scholls Ferry Rd., Tigard, OR. 97223 Greenway Town Center To Whom It May Concern: Please allow this letter to serve as Landlord authorization for the submission of a Minor Modification — Type I Application (Change of Use) for the above mentioned addresses /premises at Greenway Town Center. Landlord (FW OR- Greenway Town Center, LLC) is proposing a change in use at 12268 SW Scholls Ferry Rd. from "Eating and Drinking Establishment" (3,105 sq. ft.) — "Personal Services" (2,100 sq. ft.) and "Eating and Drinking Establishment" (1,005 sq. ft.). The premises are not currently scheduled to be demised, but Landlord would retain the right to do so if driven by future business demand. In addition, Landlord and Tenant (Little Caesars) are proposing a change in use at 12280 SW Scholls Ferry Rd. (2,100 sq. ft.) from "Personal Services" — "Eating and Drinking Establishment ". Thank you for your consideration and please feel free to give me a call with any questions or concerns. I can be reached at 503.603.4723 or by email at cdaniell@RegencyCenters.com. Sincerely, Chris Daniell Property Manager NW PRECISION DESIGN Ns I 2 4 Architectural Design Consulting '/O City of Tigard Community Development Planning Department RE: Change of Use for 12268 SW Scholls Ferry Rd. and 12280 SW Scholls Ferry Rd. Proposed Change: We are proposing a "Change of Use" at 12268 SW Scholls Ferry Rd. Current Use is `Eating and Drinking Establishment'; we are proposing that 3,105 s.f. is to change to `Personal Services'. We are also proposing a "Change of Use" at 12280 SW Scholls Ferry Rd. Current Use is `Personal Services' and the proposed change is `Eating and Drinking Establishment'. The space is currently, 2,100 s.f. The proposed `Change of Use' at 12280 SW Scholls Ferry Rd., is for Little Caesar's Pizza. Section 18.36o.so B: Evaluation Criteria 1. An increase in dwelling unit density, or lot coverage for residential development. There are no dwelling units on the property 2. A change in the ratio or number of different types of dwellings. There are no dwelling units on this property. 3. A change that requires additional on -site parking in accordance with Chapter 18.765. The proposed change does not increase the required number of on -site parking. With the two proposed changes, they Uses "offset" each other so that no additional on -site parking is required. 4. A change in the type of commercial or industrial structures as defined by the OSSC 2010. 22605 SW Pinehurst Ct., Sherwood OR 97140 Voice: 503.680.6444, Fax: 509.695.6444, email: darin @nw- precision.com NW PRECISION DESIGN Architectural Design Consulting There are no proposed changes in the type of structure. 5. An increase in the height of the building(s) more than 20 %. There is no proposed change in the height of the building. 6. A change in the type and location of accessways and parking areas where of site traffic would be affected. The proposed change does not modify the type or location of access ways or parking area where off -site traffic would be affected. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed too vehicles per day. The proposed change does not increase vehicular traffic to and from the site by too vehicles per day. 8. An increase in the floor area proposed for a nonresidential use by more than to% excluding expansion under 5,000 square feet. There is no floor area increase proposed. 9. A reduction in the area reserved for common open space and /or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than to %. The proposed change does not reduce the area reserved for common space or usable open space. to.A reduction of project amenities below the minimum established by this code or by more than to% where specified in the site plan: a. Recreational Facilities b. Screening; and /or c. Landscaping provisions. The proposed change does not reduce the project amenities. 22605 SW Pinehurst Ct., Sherwood OR 97140 Voice: 503.680.6444, Fax: 509.695.6444, email: darin @nw- precision.com NW PRECISION DESIGN Architectural Design Consulting 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above this subsection. The proposed change does not modify conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. If you have any additional questions or need any additional information, please give me a call. (5o3)68o - 6444. Thank you, CI Darin Bouska NW Precision Design 22605 SW Pinehurst Ct., Sherwood OR 97140 Voice: 503.680.6444, Fax: 509.695.6444, email: darin @nw precision.com