DIR1997-6600 SW BONITA ROAD �
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July 24, 1997
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OREGON
Mr. Mert Meeker
Project Manager
726 McVey
Lake Oswego, OR 97034
RE: Interpretation of Community Development Code for
Expansion of Retail Use at 6600 SW Bonita Road
Dear Mr. Meeker:
The City received your request for an interpretation of the Community Development
Code and the standards that apply to the development at 6600 SW Bonita Road. The
following is an interpretation of how the Community Development Code applies to this
site and under what circumstances additional retai( use may be permitted.
The current use of the site is furniture retail sales with some warehousing and storage
of fumiture on site. You have indicated that you wish to continue the existing use of this
building but wish ta add 4,000 additional square feet of showroom (sales) space. You
did not indicate the existing showroom/sales square footage, however, you indicated
that the original approvals permitted 18,075 square feet of sales area and 22,550
square feet of warehousing, office, and storage area. It is assumed that the original
square footage's have not changed, therefore, 44.5 percent of the building is used for
retail sales and 55.5 percent is used for warehousing/office. The existing zoning for this
property is Industrial Park (I-P) which permits retail sales on a maximum of 20 percent
of the entire square footage within a development complex. Section 18.68.030.2.0
states:
"The following uses, separately or in combination, shall not exceed a total of 20
percent of the entire square footage within the development complex:
(I) Convenience sales and personal services;
(ii) Children's day care;
(iii) Eating and drinking establishments;
(iv) Personal services, facilities; and .
(v) Retail sales, general."
The existing use of 44.5 percent retail is considered pre-existing non-conforming. The
code permitting retail sales as a conditional use has changed, as has the zoning under
which the sale of furniture at this location was initialiy approved.
13125 SW Hall Blvd., Tigard, OR 97223 (503)6,39-4171 TDD (503)684-2772
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in order to create additional retail space by adding onto the existing building, you would
need to show that the additional retail space is less than 20 percent of the entire
"complex." The Community Development Code Section 18.132.040.D.2 regarding non-
conforming uses states:
"If a single structure or a structure and premises contalning a number of lawful
uses (except for a single accessory structure) existed as of March 16, 1983, and
those uses would not be allowed in the zoning district in which they are located,
or which are non-conforming because of inadequate off-street parking,
landscaping or other deficiency (under the terms of this chapter or amendment
thereto), the lawful uses may be continued so long as they remain othervvise
lawful, subject to the following provisions:
a. No existing structure devoted to a use not permitted by this title in the
zoning district which it is located shall be enlarged, extended, constructed,
reconstructed, moved or structurally alte�ed except to accommodate a
changing of the use of the structure to a use pertnitted in the zone in which
it is located.
An expansion may occur on the site provided that, the site is not made more non-
conforming by the modifications.
When the site received initial approval (CU 6-75), phases were shown on the plan
which were mentioned in the letter requesting an interpretation. These phases, while
shown for a conceptual view of how the site may be developed, were ❑ot a��roved as
part of the previous application. The Planning Commission decision states:
"ApplicanYs proposal indicates phased development. Expansion of the building or
activities conducted on this site in the future will require action of the Tigard Planning
Commission at that time."
Staff has interpreted that the intent of that statement was that any new construction
would have to be reviewed under the procedures in effect at the time a new application
was reviewed. This was the case when Phase II was constructed. Because the
Conditional Use is no longer applicable for this use in the I-P zoning district, any
development that is permitted will require Site Development Review, which is an
Administrative Decision.
In your letter and in the initial meeting with staff, the possibility of partitioning the lot so
that the existing building was on one lot, with the option of constructing a new
conforming development complex on the newly created lot was discussed. The
Community Development Code does not define °development complex", however, the
definition of "complex" is °a structure or group of structures on one Iot of record." The
Community Development Department has, therefore, interpreted in this case, that the
existing structure is a "development complex." If the existing lot were partitioned so that
Mr. Mert Meeker 24-Ju1-97 Page 2 of 3
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the buildi�g were on one lot, anything constructed on the newly created lot wouid need
to meet the existing standards for a development complex. In other words, based on
the totat square footage constructed on the new lot, a maximum of 20 percent of that
square footage could be retail. If you wanted to create 4,000 square feet of retait space
on a new lot, you would need to construct a minimum of 20,000 square feet of
industriaUofFce space as permitted in the I-P zoning district.
In your letter, you mention the fact that the warehouse area has a much greater cubic
feet ratio, perhaps in an effort to get staff to calculate the 20 percent retail use by using
the cubic feet of the building instead of square feet. However, the code clearly states
that the basis for calculating the percentage of permitted retail use is on square feet. If
additional square footage can be added within the building so that the overall retail
sales square footage does not exceed 20 percent of the overall development, that is
certainly an option.
I hope that this interpretation helps to clarify what can and cannot occur at the site and
assists you in making any further decisions in regard to development at the site. If you
wish to move forward with a formal application for either Site Development Review or a
Land Partition, you will need to schedule a pre-application conference and pay the
required fee of$240.00.
Sincerely,
jC:.F�/����
l�1�J/Y �%'' `�
/James N.P. Hend
�
Director of Community Development
i:lcurpinyulia\schatz.doc
c: Dick Bewersdorff, Planning Manager
Julia Hajduk, Associate Planner
CU 6-75 Microfilm
1997 Planning correspondence file
Mr. Mert Meeker 24-Ju1-97 Page 3 of 3