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MMD2014-00004 MMD2O14 - 00004 GREENWAY TOWN CENTER NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2014-00004 IN 01 GREENWAY TOWN CENTER T I GARD 120 DAYS = 8/7/2014 SECTION I. APPLICATION SUMMARY FILE NAME: Greenway Town Center CASE NO.: Minor Modification (MMD) MMD2014-00004 PROPOSAL: The proposed minor modifications to existing development include site improvements to the existing parking lot and relocation of the garbage collection area to the south boundary of the property. The new location would remove approximately 600 square feet of landscaped area. APPLICANT: Fred Paintner 9701 SE Johnson Creek Blvd# K01 Happy Valley, OR 97086 OWNER: Atlas Investments 333 NW 9th Ave,Suite 1009 Portland, OR 97209 LOCATIONS: 12100, 12400, 12600 SW Scholls Ferry Road WCTM 1S134BC,Tax Lot 00100,00101 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 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 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. MM132014-00004 GRIiI?NW.11'7'(>WN C1:NI'I:R Page 1 of 3 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 12100, 12400, 12600 SW Scholls Ferry Road, known as the Greenway Town Center; at the southwest corner of SW Scholls Ferry Road and SW 121" Avenue. The site is approximately 1.16 acres and contains four commercial buildings and site improvements that include landscaping and associated parking lot. The entire site has 136 parking spaces. Proposal Description: The proposed minor modifications to existing development include building facade improvements, site improvements and relocation of the trash collection area. The building improvements include replacement of roof, new siding and paint. The site improvements include new planter pots,installation of a new bike rack, 2 ADA parking stalls and signage and replacement of driveway curbs at the east approaches. The relocated trash enclosure will be along the south property line and will remove approximately 600 square feet of landscaped area. 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 in accordance with TDC 18.765, the proposed modification does not reduce the landscape area by more than ten percent. The site is approximately 142,232 square feet with 32,114 square feet (22.5 percent) landscaped. The removal of 600 square feet of landscaped area reduces the landscape percentage for the whole site from 22.5 percent to 22.1 percent. All other applicable requirements of this tide are satisfied. This includes but is not limited to building height, setbacks, and parking requirements. This criterion is met. 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 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: MM1)2014-00004( R1{1?NW.\Y'1'O VN(:1iN.1.1{R Pap:2 of 3 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 APRIL 21, 2014. AND BECOMES EFFECTIVE ON APRIL 22, 2014. 7111=1 Questions: If you have any questions, please call Agnes Kowacz at the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 718-2421. 4rt/A (.t6 April 21. 2014 APPROVED BY: (Agnes Kowacz DATE Associate Planner 503-718-2427 agnesk@tigard-or.gov 1\11)2014-(1(1(1(1-1(;RI(I:A\\.A1 IO\V'\ (:I:A I'IR Page 3of3 APPLICANT MATERIALS RECEIVED MAR 12 2014 i el liAll City o f Tigard CITY OF TIGARD _ Minor Modification — Type I AN" I� " RING TIGARD GENERAL INFORMATION Property Address/Location(s): 11.160 1'240°, In addition, the Director must find that the proposed MA.OP 5w $0 1446“ PegiLy ten, T144147 change is in compliance with all applicable requirements of Tax Map&Tax Lot#(s): Title 18 of the Tigard Development Code. To complete this review, the Applicant's proposal must include a Site Size: 4041014011W 1• 154 gar) S.e discussion indicating how the site expansion/change will /— — Applicant*• ��' continue to comply with the maximum setback, building height, parking, and landscaping standards. Other Address: 7741 ',V JatIFI50114 CSC. 1!Sl 1p #1431 requirements of this title such as clear vision, solid waste City/State: 44ArPf •444.011 oft Zip: 7-74.E:,ID storage, non-conforming situations, signs, and tree Primary Contact: p irAerz. 553-35$—x° removal may also be applicable depending on the type and Phone:913-'3S'$-$L4.6 Fax: location of the proposed modifications. E-Mail: rtg b P6114T4 FP.C 44,04 1., 4.0441 Property Owner/Deed Holder(s)*: (Attach list if more than one) iSsTLhS IMVE61-04a TS REQUIRED SUBMITTAL ELEMENTS Address: 33;3 IOU 7141 V4tfe 100 Phone:553-in-5712 (Applications will not be accepted without the City/State: •1'�, c42 Zip: 17 Za 7 following required submittal elements) * When the owner and the applicant are different people, the ig Application Form applicant must be the purchaser of record or a lessee in ES Owner's Signature/Written Authorization possession with written authorization from the owner or an Title Transfer Instrument or Deed agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a Site Plan(4 Large Plans&One—Reduced to S'/z"x 11") written authorization with this application. J Applicant's Statement/Narrative(4 copies) Filing Fee 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 FOR STAFF USE ONLY Review or Section 18.330.020(B)(2) —Conditional Use. If the 'A`A���t 1'COCOA modification exceeds the maximum allowed under any one or Case No.(s): IvIN1Y `-t more of the criteria, a Major Modification review is required. Major Modifications are processed in the same manner as a Other Case No.(s): new Site Development Review or Conditional Use Permit. >�6$ QQ Fee: • Applicant's Statement: Receipt No: ]' 5216 The applicant's statement must include a summary of the Date: 3l 12 proposed changes. Criteria in either 18.360.050(B) or 1 18.330.020(B)(2) must be addressed with a detailed response Application Accepted By: . to each criterion. Failure to provide the information needed Date Determined Complete: ,'Jlmi�.1m�� to process the application would be reason to consider an Revised: 6/17/2013 application incomplete and delay review of the proposal. 1.\cw1p1.N\n1a,,er,\land Use Applications\Minor Modification.docs City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of 2 1 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 3 it 1 day of ,20 Own Signature ` 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 of 2 Agnes Kowacz From: David Hardister <dhardister @westerndesigngroup.net> Sent: Wednesday, April 09, 2014 7:56 AM To: Agnes Kowacz Subject: Project Narrative - Greenway Towncenter Project: Greenway Towncenter Buildings A, B and C 12100 through 12196 SW Scholls Ferry Rd. Tigard, OR 97222 Project Scope: This project consists of primarily a cosmetic facelift and replacement of dry rotted glu lam beams for 3 commercial buildings.The scope will include the following elements: Building Scope • Replacement of standing seam metal roofing, metal parapet coping, metal gutters and metal downspouts. • Replacement of approximately (5) dry rotted glu lam beams • New painted lap siding to replace existing T111 siding • Paint existing masonry facades and columns Site Scope • New planter pots at perimeter of all 3 buildings • New bike rack at north side of Building B • 2 new ADA parking stalls/signage at Building C • Replacement of driveway curbs at east approaches • New trash enclosure. Tigard Municipal Code section 18.360.050 1. Is not applicable to our proposal 2. Is not applicable to our proposal 3. No additional on-site parking will be required by our proposal 4. There will be no change in use as defined by the International Building Code 5. There will be no increase in building height 6. No changes are proposed for access ways and parking areas that will affect off-site traffic. 7. There will be no expected increase in traffic as the use type of the buildings will remain the same. 8. There will be no increase in floor areas. All building footprints will remain as is. 9. Open space areas will remain as existing. 10. There will be no reduction in landscape area greater than 10% 11. Project to conform to conditions of approval Agnes, Let me know if you need anything else. When can we expect final approval? Thanks for all your help David Hardister, AIA Principal PY(1• t,# y 4Jd(LIS$ % )9-)040, 124(x', /2600 5/-. �1•1,3.i -Fr'y /? / 7)4a/ - c/7 I3 RECEIVED MAR 12 2014 BILL OF SALE CITY OF TIGARD PLANNING/ENGINEERING For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Greenway Center LLC, a Washington limited liability company ("Seller"), hereby grants, bargains, sells, conveys, assigns and transfers to Atlas Greenway LLC, an Oregon limited liability company, ("Buyer"), all of Seller's right, title and interest in and to any tangible personal property located on the land described on the attached Exhibit A (the"Land")or within the improvements located on the Land, including without limitation, all furniture, fixtures, equipment, building materials, tools, supplies,goods and any other items of personalty owned by Seller and used in connection with the operation of the Land and the improvements located thereon (collectively, the "Personal Property"). The Personal Property specifically excludes any and all personal property owned by tenants or otherwise considered the property of tenants under any leases affecting the Land or the improvements located thereon. Seller represents and warrants to Buyer that the Personal Property is free and clear of all liens, security interests, charges and encumbrances. Seller further represents and warrants to Buyer that Seller has full power and authority to transfer all right, title and interest of Seller in and to the Personal Property to Buyer, and Seller shall warrant and forever defend title to the Personal Property against all persons claiming any interest therein. Seller shall indemnify, hold harmless and defend Buyer from and against all costs and liabilities, including attorneys' fees, which Buyer incurs because of any act or cause of action occurring or accruing with respect to the Personal Property prior to the execution date of this Bill of Sale set forth below. Except as expressly stated herein, Seller is conveying the Personal Property to Buyer on an "AS IS, WHERE IS"basis. All references to "Seller" and "Buyer" herein shall be deemed to include their respective heirs,representatives,nominees, successors and/or assigns, where the context permits. Dated: 51 2 1 , 2013 GREENWAY CENTER LLC, a Washington limited liability company By: EAGLE VALLEY HOLDINGS, LLC, a Washington limited liability company, Member By:v ■L 1.40 4 Name: Will". r nders, Jr.• Title: Ma i/ • rII By: Name: 'ichard B. Riegels Title: Manager {00148530;2) 1 EXHIBIT B Permitted Exceptions 1. Easements for utilities over and across the premises formerly included within the boundaries of S.W. 122nd Avenue,now vacated. 2 An easement for maintenance, protection and perpetuation of, and access to, the National Geodetic Survey triangulation station "Hiteon 1946" and its accessories, recorded February 2, 1979 as Fee No. 79004576 of Official Records. In Favor of: The Public Affects: That portion of said premises lying within the West one half of vacated S.W. 122nd Avenue,except the South 20 feet 3 Covenants, conditions, restrictions and easements in the document recorded June 22, 1979 as Fee No. 79024332 of Official Records, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded March 20, 1980 as Fee No. 80010910 of Official Records. 4 Lease made by Roger M. Belanich, lessor, to The Southland corporation, lessee, for a term of 20 years, and the covenants and conditions as therein contained, as disclosed by Memorandum of Lease dated March 6, 1979, and recorded February 25, 1980 as document no. Fee No. 80006355. Said lease, among other things, provides for an option to renew for a period of four 5-year terms. The lessor's interest under the lease has been assigned to William W. Saunders, Trustee of the William W. Saunders Irrevocable Living Trust dated June 13, 1989 by assignment recorded May 23, 1991 as Fee No. 91026547 of Official Records. 5. Limited access provisions in favor of the State of Oregon, by and through its State Highway Commission as contained in Decree of Condemnation entered November 21, 1991 in Suit No. C901113CV in the Circuit Court for Washington County, which provides that no right of easement or right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property. 6 Easement provisions contained in decree of condemnation entered November 21, 1991 in Suit No. C901113CV in the Circuit Court for Washington County. (00148531;1} 5 EXHIBIT A Legal Description of the Land Real property in the County of Washington, State of Oregon,described as follows: Situated on the Northwest quarter of Section 34, Township l South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and being described as follows: Beginning at a point on the East right of way of that certain street known as S.W. 122nd Avenue (now vacated), said point being North 89°54'50" East, 1077.94 feet and North 0°5'42" West, 635.10 feet from the West quarter corner of said Section 34; thence North 89°52'27" East, four feet to the true point of beginning; thence North 0°5'45" West parallel with the West right of way of said road, 150 feet to a point; thence South 89°52'27" West parallel to the center line of Springwood Drive, 44 feet to a point on the West right of way of S.W. 122nd Avenue(now vacated); thence North 0°5'45"West, along said right of way, 180 feet to a point; thence North 89°52'27" East, 20 feet parallel to the centerline of Springwood Drive to a point on the centerline of S.W. 122nd Avenue (now vacated); thence North 0°5'45" West, 276 feet along the centerline of said vacated road to a point on the South right of way of Scholls Ferry Road; thence along said right of way North 84°22'18" East, 10.14 feet to a point; thence North 72°17'22" East along said right of way, 187.76 feet (passing an iron rod at 10.39 feet)to a point; thence Southeasterly on a curve right,radius 35 feet central angle 107°35'05"(chord bears South 53°55'06"East, 56.48 feet), arc distance of 65.72 feet; thence South 0°07'33"East along the West right of way of S.W. 121st Avenue and 30 feet from centerline, a distance of 630.33 feet to a point on the North right of way of Springwood Drive and 25 feet from centerline thereof; thence along said North right of way South 89°52'27" West, 210.98 feet to the true point of beginning. EXCEPTING THEREFROM that portion lying within the boundary of SW Springwood Drive and SW 1215t Avenue. EXCEPTING THEREFROM any portion dedicated to the public by Street Dedication recorded July 30, 1976 in Book 1101 page 633 and re-recorded November 5, 1976 in Book 1123, page 948. EXCEPTING THEREFROM any portion conveyed to the State of Oregon By Warranty Deed recorded November 1, 1979 as Instrument No. 79045212. • EXCEPT that portion acquired by the State of Oregon through Condemnation entered November 21, 1991 in Circuit Court Suit No. C9011 l3CV for Washington County. {00148530;21 2 0 1411#- r Z D rn -CI gig ORA 01 si .... O a s ° m W ...s.SUM AER ir LAKE DRIVE F • II 0 tliisit, m � xic z D °" � i NORfii DAK•1 STREET !rill p� , r" (n Aks a "1 Ml R R Z D 7 1 ....,.., o ° �� Z z eq , ' o It 31 • go < s'� -f i R O,T, m r cn xi :r4 la i1 ill C— 73 4q II co cn Ui I s !xi gq M gq altg is ,N ell gq 1 IF .. A. 1 1► t 0 1 1' 11 1 �!.1l11 .`.. tv,41 i .___IYE .�1 K! •i . , altilth. 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Q - C g CAMS w1•/41...1 0 TRASH ENCLOSURE PLAN Wit OP O TRASH ENCLOSURE ELEVATION 7 TRASH ENCLOSURE ELEVATION � CL Iru I— Z w U _—�1AK Au...rr. 0.44 I0.4fJ•4 fR•Ift VW% Z 1...4%VW SAO 0141 00:401,00:401,1 O y I L..\14.c. .r.M 4‘.. O Q'N` r I I r•GV1NCf IR.•1M I— }at VI y •: — �7 1 I I -[t>•[a M W •.4 fi LL F- -- •M WOG got'rwa_, Z.1O > W=O — Q TRASH ENCLOSURE ELEVATION CL �� V < Yw• an 1 A p P DU By wed-t-t- ,l ye"i cit/t KM• 1f1M10 LL . a640:1 s O▪ISPOIS r•re µ w ERASH.005 RE DET''LS A1 .21 Agnes Kowacz From: Mike McCarthy Sent: Thursday, April 17, 2014 8:39 PM To: Agnes Kowacz Subject: FW: 12100 SW Scholls Ferry - Greenway Town Center Attachments: A1.01 - Greenway Bid.pdf; A1.00 - Site Demolition Plan.pdf; Mike McCarthy P E .vcf Follow Up Flag: Follow up Flag Status: Completed Hi Agnes, We have reviewed this proposal and determined that we have no comment. Thanks, Mike Mike McCarthy P.E. III City of Tigard " Senior Project Engineer • Streets and Transportation 13125 SW Hall Blvd T I G A R I) Tigard,OR 97223 (503)718-2462 Direct (503)624-0752 Fax mikem Vtigard-or.gov From: David Hardister [mailto:dhardister @westerndesigngroup.net] Sent: Thursday, April 17, 2014 10:14 AM To: Mike McCarthy Cc: Agnes Kowacz Subject: 12100 SW Scholls Ferry - Greenway Town Center Mike, I just spoke with Agnes regarding this project. Indicated that you are in the process of reviewing the driveway curb replacement.This is the final component of the Land Use Review that needs to be approved. I'm not sure if the drawings were clear but the design intent is to replace the curbs in their existing configuration as they have been destroyed over many years. We are not proposing any modifications to the driveway or adjacent landscape areas.There will be no change in impervious surfaces. Let me know if you have any questions or concerns. I have attached our site demolition plan and proposed site plan. thanks David Hardister, AIA Principal •Western Design Group Architecture/ Planning/ Landscape Architecture 2300 EAST THIRD LOOP SUITE 110 1