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MMD2009-00037 MMD2009 00037 WINCO RECYCLE STORAGE SHELTER NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2009-00037 1111 WINCO RECYCLE STORAGE SHELTER TIGARD 120 DAYS = 04/21/10 SECTION I. APPLICATION SUMMARY FILE NAME: WINCO Recycle Storage Shelter CASE NO.: Minor Modification (MMD) MMD2009-00037 PROPOSAL: Applicant proposes construction of a 608 sq. ft. roofed enclosure for storage of recyclable materials until they are collected. Construction will be concrete slab, cyclone fencing with vinyl slats,and metal roof. No other changes are proposed. APPLICANT: WINCO Foods,LLC OWNER: WINCO Foods,LLC Attn: Tom Little Attn: Dave Van Etten PO Box 5756 PO Box 5756 Boise, ID 83705-0756 Boise, ID 83705-0756 LOCATION: 7501 SW Dartmouth Street;WCTM 2S136DC,Tax Lot 04500. ZONING DESIGNATION: C-G: General Commercial District (PD). 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. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.745 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. MMD2009-00037 WINCO Recycle Storage Shelter Decision 122209 Page 1 • CONDITIONS OF APPROVE PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Applicant shall obtain required permit(s) from the Building Division prior to construction. 2. Applicant shall request final inspection approval by the Planning Division prior to occupancy. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject project is located at 7501 SW Dartmouth Street on the north side of the WINCO Foods building. The existing area currently used to store recyclable materials is unsecured and the proposed project will provide security and visual screening. Proposal Description: The request is to construct a 608 sq. ft. roofed enclosure for storage of recyclable materials until they are collected. Construction will be cyclone fencing with vinyl slats and metal roof. The enclosure will be built on a concrete slab between the loading docks. No other changes are proposed. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The proposal does not require additional on-site parking. Therefore, this criterion does not apply. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20%; There is no proposed change in building height. Therefore, this criterion does not apply. MMD2009-00037 WINCO Recycle Storage Shelter Decision 122209 Page 2 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off- site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The proposal does not increase vehicular traffic to and from the site by 100 vehicles per day. Therefore, this criterion has been satisfied. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; The area increase is less than 10% and less than 5,000 sq ft. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common 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 10%; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. The proposal does not reduce the project amenities. Therefore,this criterion does not apply. 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 of this subsection. The proposal does not modify conditions imposed at the time of side development review approval which are not the subject of B 1 through 10 above of this subsection. FINDING: Based on the analysis above, Staff fords that the criteria for minor modification of a site development have been met. 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 MMD2009-00037 WINCO Recycle Storage Shelter Decision 122209 Page 3 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. IT THIS DECISION IS FINAL ON DECEMBER 22, 2009 AND BECOMES EFFECTIVE ON DECEMBER 23, 2009. Questions: If you have any questions, please call the City of Tigard Planning Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. / , 4 December 22, 2009 APPROVED BY: Darrel" p p"Watkins DATE Assistant Planner MMD2009-00037 WINCO Recycle Storage Shelter Decision 122209 Page 4 MAILING RECORDS 1 11674 „.-/, ,, \.„........;\ '''..11654 ,..--- zi- S■ 11654 r , , \ , ''-- - '', •_ 11654 I . . 11680 , 11650 , , . . . 1 116C. 1 , , . 11686 11530 , . , , 11700 , , 2 11550 i ST 11626 ATLANTA - - i ? 11580 7105 7805 i 1, 1 7135 7175 ! BAYLOR ST PRP7C--f-4-A4 1 AR L.- _________ _ 7160 7130 7100 7070 .11141F moo 11716 1 11680 7501 1 '--... ...... , 7501 11720 , . , . ) .,' 1 7511 7301 7255 > ' s".• E,6- a) r.•(... , 13 ,r I 7501 , 11750 7501 • 11780 1 , >gl g-e,, -...LI , 7500 . 11810 7135 7105 7075 , -‹ . ,,' 0 1 7500 i , 1 0 a m ' , 7500 F-11 CLINTON ST • 7275 . a 0 '"Ii 7500 ca 5: L j:, 7140 7110 7080 7050 0 ) 11860 .... = .. =I 0 , - , , i•-•^ • 11930 11945 11945 — ---__. •----\ ' DART4.31/7.L. 7255 11945 11990 •ry Sr 1 0 19btt 11945 11945- _TRANSFORMER BOTTLE STORAGE 8 , a 1 -------;----7---------------1‘,4, a I 70 ii i 1 1. L_J AllOP im 1 I,--, I , /.:-J „.., 4 . • ., i'• . • - 17:1 r_i_. .,I • -ei'viEl tr u — —- EXISTING 1 a _ ' I WINCO FOODS NRIIM 1 q 97,318 S.F. 3 • r*-`15 '. Li rt-4 1 2 -- • • • 1 -, _ ......L„,. t , /\ P 1111L1 I 1111111 • • • • 4 Tma L N 1 ''''\1" ,, . r 1 I \ ‘b\, „„, . --- (.. s.., = lir.7.'ll'In .4 ,.. 1111,111111M 0,11•'6 aim' i i Fr 1111141 I .ill 111/ 11111 ' il.,i, 1,. II IT'll-./. II iiiiiliMilli. __1___ N ______ I 4' IC. r 11111,; ', Illiiiiir • 41144 "1114 1111111 „...------- ....--- — __. = ---'-- . ------ ..----5 — ; . : .---1,- —9 ______p ii 411 litillii ''.--.,.../ —• m......m.. =tab ,===, ......,-..•. , 111110 ,/ llie 1„ c -g _ t! (i , ("7 N.141111 .000).-- „.„..-- ---...„, If A 4 • ilf I -- IIIIIIII, . ,, - 111141 1411110i H1 I II 11111 ..-",..- AM 1.11)111111 7 11111 i 1 I : V•1 ii 14 /- M-r( (---) NE . .. . I —.' AALIV/ a&h. lba■. . c • si, ci rr. --- :s. tiiiiiiA ,7711 -, 1 , I A ' . `.-.... --.. .....-j ,....,....._..i.::,:.„,. ,....._ ,..: .1.1 i■ ; ,„... „..„ ,,s, „,„- ''' _ ) 7), —,...- --" _ „.. --------...:-------- ,. . 0,4-/-N„;-4-2,1%..E.." -----, 4411111W ■.. ............_ 8 , ,..., , - - , •.(4. .1° ill 1 ''''''• . • ... --. • • "V f...'d IR /III" 3 ovERAL--_, s]I _r---i Id PLAN NORTH 4 CITY OF TIGARD .[ ,y1 Approved i ] )nditionally Approved I I 1 See irreiomLnell Tyt t et Nhr oet c;w:sioFArjoi Attach al aoDcws:pc le:vc r i_b;IA ien 7 Jch Adir s: 750/ 441,P40614,)7/11 /429 E y. Date: /1-- ---* 1 S136DC04500 WINCO FOOD,LLC PO BOX 5756 O v M n ,/ BOISE, ID 83705 V l/� +i 1-2-IZaIo� APPLICANT MATERIALS RECEIVED DEC 1 1 2009 114 . City of Tigard CITY OF TIGARD INEEJRING Minor Modification — Type 744Amarcation TIGARD GENERAL INFORMATION In addition, the Director must find that the proposed [�� change is in compliance with all applicable requirements of Property Address/Location(s): ? Tide 18 of the Tigard Development Code. To complete 'riu , oR 9rt 3 this review, the Applicant's proposal must include a Tax Map&Tax Lot#(s): Fl t{ZTITI ON PUNT # IgSS`0(3 discussion indicating how the site expansion/change will P'l4QcULS ?$ 4 EYe-RcP`IOkJ To Piki cot-a• continue to comply with the maximum setback, building Site Size: ja,(per A L ,ZS 14C-aNcd 0 height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste Applicant*: j1.)1 It.)GDj storage, non-conforming situations, signs, and tree Address: 664..) N• A'IeMc,Tl'toN4 Pt- removal may also be applicable depending on the type and City/State: 5OISi-1 t t) Zip: 43104- location of the proposed modifications. Primary Contact 'TOM LRTLpz Phone:24.3)')-0110 Fax: 2c) - 371-0'{-7'f E-Mail: 'lb M,La T rz-E - U.f NCo F(apos,COM Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) 141/11.(444 p (Applications will not be accepted without the following required submittal elements) Address: Phone: City/State: Zip: ❑ Application Form ❑ Owner's Signature/Written Authorization * When the owner and the applicant are different people, the ❑ Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an ❑ Site Plan(3 Large Plans&One-Reduced to 81/2"x agent of the owner. The owner(s) must sign this application 11") in the space provided on the back of this form or submit a ❑ Applicant's Statement/Narrative(3 copies) written authorization with this application. ❑ Filing Fee $579.00 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(B) - Site Development Review or Section 18.330.020(B)(2)-Conditional Use. If the FOR STAFF USE ONLY modification exceeds the maximum allowed under any one or more of the criteria, a Major Modification review is required. Case No.(s): N C 3.7 Major Modifications are processed in the same manner as a new Site Development Review or Conditional Use Permit. Other Case No.(s): Applicant's Statement Receipt No.: 17 64241 The applicant's statement must include a summary of the Date: (Z/(1 /01 proposed changes. Criteria in either 18.360.050(B) or 18.330.020(B)(2) must be addressed with a detailed response Application Accepted By -3 ?V-1=-4-11 to each criterion. Failure to provide the infopnation needed Date Determined Complete: • to process the application would be reason to consider an Revised: t)d-ov application incomplete and delay incu'Pin\masters\land use applicatums\minor modification app.docx review of the proposaL City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov ( Page 1 oft 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. ♦ 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 site plan, attachments,and exhibits transmitted herewith,are 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 each owner of the subject property. DATED this day of , l ,20 0 l Owner's 4e& Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of2 CITY OF TIGARL RECEIPT III � . 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 176287 - 12/11/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2009-00037 Minor Modification to an Approved Plan 1003100-43116 $504.00 MMD2009-00037 Minor Modification to an Approved Plan- 1003100-43117 $75.00 LRP Total: $579.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 2387981 STREAT 12/11/2009 $579.00 Payor: Winco Foods Total Payments: $579.00 Balance Due: $0.00 Page 1 of 1 Minor Modification — Type I Application Applicants Statement September 10, 2009 Re: WinCo Foods 7501 Dartmouth Street Tigard, OR 97223 WinCo Foods would like to construct a small free standing structure directly behind the store and adjacent to the grocery dock. The structure will be constructed from metal building components including a pre-painted standing seam metal roof supported by a series of columns. The structure will be surrounded by chain link fencing with a lockable gate. The purpose of this structure is to securely house containers of recycled cans, plastic and glass until pick up is made by the recycler. Please review our responses to the "Evaluation Criteria" per Section 18.360.050 B. 1. Does not apply. This is a commercial site. 2. Does not apply. This is a commercial site. 3. Does not apply. No additional parking should be required. 4. Does not apply. We are not requesting a change in the type of commercial structures on site. 5. Does not apply. Building height will not be increased. 6. Does not apply. Access ways and parking areas (both on site and off) will not be affected by this change. 7. Does not apply. Vehicular traffic will not be increased by this change. 8. Does not apply. This will be a free standing structure, 608 sq. ft. in size 9. Does not apply. The structure will be built over existing outdoor storage space. 10. Does not apply. Project amenities will not be impacted. 11. Does not apply. WinCo FOODS An Employee Owned Company WinCo Foods.LLC P.O.BOX 5756 GENERAL OFFICE(208)377-0110 BOISE,IDAHO 83706-0756 FAX(208)377-0474 December 8.2009 To: City of Salem Attn: Aaron Panko Associate Planner 555 Liberty st SE/Room 305 Salem,Or 97301 Re: Authorized to sign application om }riffle is uthotized to si permit application. f !fi1/I uuv / r, Dave Van Etten Vice President Engineering WinCo Foods, LLC I 650 N.ARMSTRONG PLACE,BOISE,IDAHO 83704 Recycled Bond .4• Washington u� 2004-033301 D-0W Gt.T Ott AUCORDOt $15.00 W.00 it 1.00.Tow•$33.EE 4 5 t AMER/ C°� IIIlIIIIjjIIIMIllhIIlItII$Jjiiii 72001 I,Jerry Henson.Pre e'er el Aseeeereent NM Teratlen end Es-0OkN Can*Clerk ter Ywrlein Cwn*, �' d.E.rk N hereby eertl//Mettle*Win rn..Mnat M nert.M qN rNy. re.n.N M to seer sr "� }. A easy. 4.0.. 1..:.r , Jerry It Mow"OM.ar1FA �•' ai Clerk M Tupa, ice° E�OIMc1.Carty CIaY Title Order No. 7069-67344 Escrow No. 67344 After recording return to: Matthew M. Hicks Holland &Hart LLP 101 S. Capitol Blvd, Suite 1400 N� Boise, ID 83702 N3 Until a change is requested all tax statements shall be sent to the following address. I WinCo Foods,LLC r\/) Attn: Susan Busche P.O.Box 5756 Boise,Idaho 83705 1 Partition Plat No. 1995-013 Tigard,OR—Store#23 STATUTORY WARRANTY DEED 1 WinCo Foods,Inc.,an Idaho corporation formerly known as Waremart,Inc.,an Idaho corporation Grantor,conveys and warrants to WinCo Food,LLC,a Delaware limited liability company,Grantee, 2 the following described real property free of liens and encumbrances,except as specifically set forth Iherein: I II Parcel 2 of Partition Plat No. 1995-013 in the South one-half of Section 36,Township 1 South,Range 1 West,Willamette Meridian,City of Tigard,Washington County, Oregon. This property is free of liens and encumbrances,EXCEPT: This conveyance is subject to covenants, conditions, restrictions and easements, if any,affecting title, which may appear in the public record,including those shown on any recorded plat or survey. 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 AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The monetary consideration for this conveyance is$0.00;however,the actual consideration consists of other value,given or promised. Effective April 1,2004. WinCo Foods, Inc. fka Waremart, Inc., an Idaho corporatio By: G R. Piv CFO STATE OF IDAHO ) ss. County of Ada ) On this , Iday of March, 2004, before me, a Notary Public in and for said State, personally appeared Gary R. Piva, known or identified to me to be the Chief Financial Officer of the corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .4%� tLE FF/y4'o A. SAY * N Y PUBLIC THE STATE AHO• ill p� Residing at: fl rS 4r l L u ? i' �V p My commission expires: /.)/>04 AV Vo ...P'1,47/� sr ---01 TE Oe.•�., ,•'••pnnn.".., 111111111111111111111111 20134-3330 I LEGAL DESCRIPTION Parcel 2 of Partition Plat No. 1995-013 is the South one-half of Section 36,Township 1 South, Range 1 West,Willamette Meridian,City of Tigard,Washington County,Oregon. III !J)41JLL! II I I!I IIII III