MMD2014-00025 MMD2O14 - 00025
MUD BAY INC .
GREENWAY
TOWN CENTER
EAST
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2014-00025
MUD BAY INC. T I GARD
120 DAYS = 1/29/2015
SECTION I. APPLICATION SUMMARY
FILE NAME: Mud Bay Inc. — Greenway Town Center East
CASE NO.: Minor Modification (MMD) MMD2014-00025
PROPOSAL: The applicant is proposing a change of use to a tenant space at the Greenway
Town Center East. The space,approximately 3,831 square feet in size,is changing
from a personal service use to asales oriented retail,Mud Bay Inc.
APPLICANT: Atlas Greenway,LLC
Gary Gilbert
333 NW 9th Ave.,Suite 1009
Portland, OR 97209
OWNER: Same as above
LOCATION: 12186 SW Scholl's Ferry Rd.
WCTM 1S134BC,Tax Lot 200.
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.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
M M 12014-00025 1 of 3
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 12186 SW Scholl's Ferry Road; south of SW Scholl's Ferry Road, west of SW
1215`Avenue and east of SW North Dakota Street. The 3.38 acre development site is made up of three
parcels and contains four commercial buildings, landscaping, and associated parking. The site was
originally developed as part of the Greenway Town Center (directly west of the site), but was sold in
2013. The entire center functions as one development; however, this and other recent land use
applications consider them separate developments.
Proposal Description:
The applicant is proposing a change of use to a tenant space at the Greenway Town Center East. The
space, approximately 3,831 square feet in size, is changing from a personal service use to a sales
oriented retail,Mud Bay Inc.
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: Because the applicant has only proposed a change of use, which primarily affects
parking regulations, that is the main focus of the review. The table below shows the required parking
for the existing and proposed uses at the shopping center. The change of use is from a personal service
use sales to an oriented retail use. The proposed use requires more parking (3.0/1,000 square feet) than
the existing use (2.5/1,000 square feet). Based on the proposed mix of uses, there is adequate parking
on-site.
Use Square Footage Parking Required Mixed Use Reduction
Sales Oriented Retail 13,765 13.765 x 3.0 = 41.27 100% = 41.27
Eating& Drinking 5,085 (fast food) 5.085 x 7.0 = 35.59 85% = 53.0
Establishments 2,975 (other) 2.975 x 9.0 = 26.78
Personal Services 4,060 4.06 x 2.5 = 10.15 70% = 7.11
Office 715 .715 x 2.7 = 1.93 60% = 1.16
TOTAL PARKING 103
REQUIRED:
PARKING 126
PROVIDED:
Upon review of the proposal's plans and narrative, staff finds that all other applicable requirements are
met. 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
�iNID2014-00025 2 of 3
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.
mw
InIMI VMI ■ V= IIMI
THIS DECISION IS FINAL ON OCTOBER 1, 2014.
AND BECOMES EFFECTIVE ON OCTOBER 2, 2014.
Questions:
If you have any questions,please contact Cheryl Caines at (503) 718-2437 or cherylc @tigard-or.gov.kall-e--- October 1.2014
APPROVED BY: Agnes Kowacz DATE
Associate Planner
\1 7\11)2014-00025 1( t 3
City of Tigard
•
COMMUNITY DEVELOPMENT DEPARTMENT
TIGARD Minor Modification Type I pplication
PROPOSAL SUMMARY (Brief description)
iREQUIRED SUBMITTAL
L ( lZ-A116 1 P 3 g31 6 tE T. ELEMENTS
MUD / .Z Owner's Signature/Written
Authorization
er Title Transfer Instrument or Deed
503- Sa 1- act 63 B'Site Plan(4 large plans drawn to scale
Pf III IP.SDNO,V4ec4OIrr CArtatr11L'fiDn.Ccam and one reduced to 8.5"x11 1/2n)
izr Applicant's Statement/Narrative
Property address/location(s): 1212:
J °I--)22., copies)
[I] F Fi ling Fee
Tax map and tax lot #(s): IQOZ�So-13) IR13� SO4
1� l�°l-? 171_,
Site size:
�� � � , /"���{^,, l
face No.: A,14'c'/T i�J�J
Applicant`: A11-1-46 �� 1.�` U_C - gam,,,,
No.(s):
Address: -333 Ni l\A °I 44\1 E, 5O1t 1 C0°1
Fee.4---76/
City/state: -1O! Zip: ��Zi 9 /CJ
Receipt Na: 776'2
Phone53- 24t-01312 Email: ec,t L bPv�� ctilast nY, � app acc 2A /7
PP
By:
PROPERTY OWNER/DEED HOLDER(S)` yJ Same as Applicant
J`� Date determined complete:
Name: /(--CCJS tt4( -L. C
Address: 3 3'3 I.11JJ AV'
City/state: rC T(.. . 9J Cu-- Zip: °l -7 71)9 �1R°t�+vN. w"e Use Applications Rev.07/09/2014
When the owner and the applicant are different people,the applicant must be the purchaser 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 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2
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.
I
(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 he attached to or imposed upon the subject
Plan%.
• 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, arc 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 �74/1 day of i/�',/y� ,20 I' "
.
...._ -
Owner 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 1 Page 2 of 2
eG0
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BILL OF SALE
0 15 1°
C��,OF ItGNEEA NG
�, 1NG
For good and valuable consideration, the receipt and sufficiency of w,h is'` ereby
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: 2 1 ,2013
GREENWAY CENTER LLC,
a Washington limited liability company
By: EAGLE VALLEY HOLDINGS, LLC,
a Washington limited liability company,
Member
By:�
ACII6Limma4.-
Name: Will'. W . ders,Jr.
Title: M: ger /
By: / ,�/
Name: ' 'chard B.Riegels
Title:Manager
(00148530;2} 1
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EXHIBIT A GoT`�OED VEERING
Legal Description of the Land piNN`NO
Real property in the County of Washington, State of Oregon,described as follows:
Situated on the Northwest quarter of Section 34, Township 1 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 121m 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. C901113CV for Washington County.
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PROJECT NARRATIVE \1E )
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Date:
City of Tigard 2014 C`�OENG1E�1NG
13125 SW Hall Blvd. p�NtINGI
Tigard, OR 97223
From: Bill Simpson Western Construction on behalf of Mud Bay Inc.
Re: Minor Modification
12186 Scholls Ferry Road
Tigard, OR 97223
Please accept this as the applicants statement for this application. We propose to construct a
tenant improvement retail store in a previous space that had been a hair salon.
Evaluation Criteria 18.360.60: Minor Modification to Existing Development
1. There is no proposed increase in dwelling unit density.
2. There is no proposed change in ratio or number of different type of swelling units.
3. There is no change that requires additional on-site parking.
4. There are no proposed changes in the type of commercial structures as defined by the
UBC.
5. There are no proposed height changes to the building.
6. There are no proposed changes in the access way and parking areas.
7. There are no proposed changes that would require an increase in vehicular traffic to and
from the site.
8. There are no proposed increases in floor area by more than 10%.
9. There are no proposed changes for a reduction in area reserved for common open spaces.
10. There are no proposed changes to reduce the project amenities below the minimum
established by this code.
If you need further clarification please do not hesitate to call me.
AteSanpma Project Manager
Western Construction Services, Inc.
2300 E 3rd Loop, Suite#110
Vancouver, WA 98661
503-891-8963 Cell
Western Co nstructio nSe'vices II 2303 East 3id Loon Suite 110 II Vancouver,WA98661
Vancouver:3606935317 II Toll-Free: 1-8C0-699-5317 II Fax:360694-7818
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The Shops at Greenway Parking Study
Building Tenant Use Area(sf) Code Required Parking Code Mixed-Use Reduction Allowance
A 7-11 Sales Oriented Retail 2,525 7.6 7.6
A Scotty's Pub Sit Down Restaurant 2,975 26.8 22.8
B Subway Fast Food Restaurant 1,258 8.8 7.5
B Barbers Personal Ser,vices 1,080 2.7 -2:7 t- 1 I - 9
B Edward Jones e or-7-15 1(5 -1-rft I•Cl 1.8 .# 1 .
B Berry Farm Yogurt Fast Food Restaurant 519 3.6 3.1
C Vacant Sales Oriented Retail 4,500 k0 13.5 13.5
C Vacant �alesOriented Retail 3,929�� 11.8 11.8
C Salon Personal Services 1,480 S>ICG• 3.7 3.7 — ,-. b
C Vacant Sales Oriented Retail 1,800 5.4 5.4
C Vacant Personal Services 1,500 3.8 3.8 -7. 7
C Vacant _Sales Oriented Retail 1,100 3.3 3.3
Ca A'� – cos t Fo•Z 3,302. a 3• a 19. 7
I Total Parking Required:) 92.7 I 1 b I 86.8 )O 4 I
ITotal Parking Provided:) 101 I a(p 1
PC/ 5; k pi c., -
Parking Standard Information Used Gem; al piro -0s
General Retail Commercial
Sales Oriented Personal Services Sit Down Restaurant Fast Food Restaurant
3.0/1,000 sf 2.5/1,000 sf 9.0/1,000 sf 7.0/1,000 sf
Notes:
1)Primary and Secondary uses determined by total floor area
2) Mixed Use Reduction Allowances:
Primary Use: 100%of code required parking SA keS O ' t^
Secondary Use:85%of code required parking E.4-;..y /(D^ 'i' '^S
7tbio TeiSOnal Servtte3
ip 0/o all o-%trs
Prepared by Western Design Group
8/19/2014