MMD2015-00003 MMD2O15 - 00003
PACIFIC
DENTAL
SERVICES , LLC
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2015-00003 14 19
PACIFIC DENTAL SERVICES, LLC
TIGARD
120 DAYS =June 3, 2015
SECTION I. APPLICATION SUMMARY
FILE NAME: Pacific Dental Services, LLC
CASE NO.: Minor Modification (MMD) MMD2015-00003
PROPOSAL: The applicant is proposing a change of use to a tenant space at 12266 SW Scholls
Ferry Road in the Greenway Town Center. The space,approximately 3,105 square
feet in size, is changing from an eating and drinking establishment use to a
medical/dental office use,Pacific Dental Services,LLC.
APPLICANT: Pacific Dental Services,LLC
Nick Taylor
17000 Red Hill Avenue
Irvine,CA 92614
OWNER: FW OR-GREENWAY TOWN CENTER,LLC
Brian Lasswell,Regency Centers
One Independent Drive,Suite 114
Jacksonville,FL 32202
LOCATION: 12266 SW Scholls Ferry Road
WCTM 1S134BC,Tax Lot 300
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 nonconforming, 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.
N1 N11)2015-00003 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 12266 SW Scholls Ferry Road in the Greenway Town Center; south of SW
Scholls Ferry Road, west of SW 121st Avenue and east of SW North Dakota Street. The subject
property is an approximately 3,105 square foot tenant suite within an existing shopping center.The 7.64
acre shopping center is made up of one parcel and contains three commercial buildings, landscaping,
and associated parking.
Proposal Description:
The applicant is proposing a change of use to a tenant space at 12266 SW Scholls Ferry Road in the
Greenway Town Center.The space,approximately 3,105 square feet in size,is changing from an eating
and drinking establishment use to a medical/dental office use,Pacific Dental Services,LLC.
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 off-
street parking regulations,that is the main focus of the review.The change of use is from an eating and
drinking establishment use to a medical/dental office use. Based on off-street vehicle parking
calculations (TDC Table 18.765.2), the existing use requires twenty-two parking spaces (7.0/1,000
square feet), whereas the proposed use requires twelve parking spaces (3.9/1,000 square feet).
Accordingly, the proposed change of use will lower the minimum off-street vehicle parking
requirement for the property. In addition, the off-street bicycle parking requirement will also be
lowered from three spaces for the existing use (1.0/1,000 square feet) to one space for the proposed
use (0.4/1,000 square feet). Staff reviewed the applicant's submitted site plan and found there is
adequate off-street parking,with twenty-two spaces 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 TDC 18.360.050.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:
MM 1)2015-00003 2 0t 1
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.
THIS DECISION IS FINAL ON FEBRUARY 3, 2015
AND BECOMES EFFECTIVE ON FEBRUARY 3, 2015
Questions:
If you have any questions,please contact Lina Smith at (503)718-2438 or LinaCS@tigard-or.gov.
February 3.2015
APPROVED BY: Lina Smith
Assistant Planner
MMD2015-00003 3 of 3
APPLICANT
MATERIALS
RECEIVED
City of Tigard JAN 2 8 Z�15
■ CIN OF T► RD
COMMUNITY DEVELOPMENT DEPARTMENT PLANNING/ENGINEERING
TIGARD Minor Modification Type I Application
PROPOSAL SUMMARY (Brief description)
EQUIRED SUBMITTAL
Pacific Dental Services, LLC is requesting a minor ELEMENTS
modification to change the current use for the leased site ner's Signature/Written
at the below address from an "Eating and Drinking uthorization
Establishment" to an "Office (Medical/Dental)". 'tle Transfer Instrument or Deed
Site Plan(2 large plans drawn to scale
d one reduced to 8.5"x111/2")
Property address/location(s): 12266 SW Scholls Ferry Rd. Applicant's Statement/Narrative
2 copies)Address criteria in:
Tigard, OR 97223 DC 18360.050.B.1-11
Tax map and tax lot #(s): Filing Fee __, 01/
Site size: 3,105 square feet
1OR���1.Al I l 'I. O\1.1
Applicant`: Pacific Dental Services, LLC, do Nick Taylor Case No.: J/lMb-Q06. c/�.CO S
Address: 17000 Red Hill Ave
Irvine, CA 92614 Related Case No.(s):
City/state: Zip. � ,/
Phone: 714-845-8651 Email: taylorn@pacden.com Application Fee: `
Application accepted: l
PROPERTY OWNER DEED HOLDERS • Same as Applicant
By: �� Date: �� /
� PP
Name: FW OR-GREENWAY TOWN CENTER, LLC Application determined complete: �"
Address: One Independent Dr, Suite 114 By LE Date: /-g/J
City/state: Jacksonville, FL Zip: 32202 I:\CURPLN\Masten\Land Use Applications Rev.11/24/2014
Contact name: Brian Lasswell - Manager, Tenant Construction (Regency Centers)
Phone number: 503-603-4709
.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 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2
APPLICANTS
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTALF.LEMENTS as
described on the front of this application in the"Required Submittal Elements"box.
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 plot plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,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 required.
Nick-T/411Io✓ 1/21115
Applicant's s gnat e Print name Date
Owner's signature Print name Date
Owner's signature Print name Date
Se a. 44X-e- In.ex-1- Doi.t. ✓ own.✓ 41 r rv - .. o 0d...„-- M i v .r M o di{t.Z4 s j
Pill io._-kov -4",,,..
ADDITIONAL OWNER/DEED HOLDER INFORMATION
Name: Name:
Address: Address:
City/state: Zip: City/state: Zip:
Signature: Signature:
MINOR MODIFICATION APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 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.
(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 GlIv day of JOr.c,4.01 ,20 /a
Owner'. :tgntature 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
7 Washington County,Oregon 2007-092129
08122/2007 03:06:36 PM
D-MA Cnto2 Stna8 C PFEIFER
fI1✓ $25.00 85.00$5.00$11.00$20.00-Total=$88.00
I 1III
III
III
III
111111
111111
IIIIIllIllI
AAFB WHEN RECORDED TO: 01157034200700921290050063
I,Richard Hobernicht.Director of Assfssmant and .
Taxation and Ex-Officio County Clerk for Washington >Q.
ro LandAmerica Commercial Svcs. County,Oregon,do hereby certify that the within "t`
Instrument of writing was received and recorded in the � '
1015 15th STreet, NW #300
book of records of said eou `f��4 4 [�. 7, �7
Washington, DC 20005 Richard Hebemicht,Director of Assessment and
Taxation,Ex-Officio County Clerk
Attn: Robin D. ALsop
W 6cK0c2* 33/-00r I-oo()
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Loan No.: 502852512 Regency Portfolio-Greenway Town Center,OR
ASSIGNMENT OF DEED OF TRUST AND SECURITY AGREEMENT
ro
THIS ASSIGNMENT OF DEED OF TRUST AND SECURITY AGREEMENT
I
(this "Assignment"), is made and entered into as of the day of H a P' , 2004 by
ap WACHOVIA BANK, NATIONAL ASSOCIATION, having an office at Commercial Real
Estate Services, 8739 Research D 've RP — 4, NC 1075, Charlotte, North. Carolina 28262
("Assignor"), in favor of R_ U XL I-4 b a S E)Ltbt+.' , having
U an office at t 5 ("Assignee").
WITNESSETH
ly.
cg
WHEREAS, Assignor is the present legal and equitable owner and holder of a
note, dated as of March 1, 2006 executed by FW OR-GREENWAY TOWN CENTER, LLC, a
Delaware limited Iiability company ("Borrower"), and made payable to the order of Assignor in
the stated principal amount of Ten Million Three Hundred Seventy Five Thousand and No/100
Dollars ($10,375,000.00) (the "Note"), which is secured by, among other things, the Security
Instrument (as hereinafter defined) on that certain real property situated in the County of
Washington and State of Oregon as more particularly described on Exhibit A annexed hereto and
made a part hereof(the "Premises"); and
WHEREAS, the parties hereto desire that Assignor assign to Assignee, its
successors and assigns, all of Assignor's right, title and interest in and to the Security Instrument.
NOW, THEREFORE, in consideration of the premises above set forth and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and agreed, Assignor and Assignee hereby covenant and agree as follows:
1. Assignment. Assignor does hereby transfer, assign, grant, and convey to
Assignee, its successors and assigns, all of the right, title and interest of Assignor in and to that
certain Deed of Trust and Security Agreement, dated as of March 1, 2006 from Borrower to
Lawyers Title Insurance Corporation, as trustee for the benefit of Assignor (the "Security
NCLIB 1 224833.1
Instrument"), encumbering the Premises, together with the notes and bonds secured thereby and
recorded in the Washington County Clerk's office in Book at Page t . Furthermore,
Assignor does hereby grant and delegate to Assignee, its successors and assigns, any and all of
the duties and obligations of Assignor under the Security Instrument from and after the date
hereof: 3/3/Zootp
2. Representations and Warranties of Assignor. This Assignment is an
absolute assignment. This Assignment is made without recourse, representation or warranty,
express or implied.
3. Governing Law. This Assignment shall be governed by and construed in
accordance with the laws of the state in which the Premises is located.
4. Successors and Assigns. This Assignment shall be binding upon and inure
to the benefit of the parties hereto and their respective successors and assigns.
5. Partial Invalidity. Each provision of this Assignment shall be valid and
enforceable to the fullest extent permitted by law. If any provision of this Assignment or the
application of such provision to any person or circumstances shall, to any extent, be invalid or
unenforceable, then the remainder of this Assignment, or the application of such provision to
persons or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected by such invalidity or unenforceability.
-2-
IN WITNESS WHEREOF, Assignor has executed this Assignment as of the date
above first written.
ASSIGNOR:
WACHOVIA BANK,NATIONAL
ASSOCIATION
By2
Name: Renee D. Sides
Title: AVP
STATE OF AMA 'al;
ss.:
COUNTY OF 1V1O )
,/�� this 32�day of �� , 20Cogpersonally appeared ,Qf e p c5r�V
the l U Y K of Wachovia Bank, National Association, a national banking association,
duly authorized, signer and sealer of the foregoing instrument,who acknowledged the same to be
his free act and deed, and the free act and deed of said association,before me.
6votozo
Notary Public
My commission expires Q/ A2 j9-42 •
S/ L WI
NOTARY PUBLSON LIC •
° �,. MECKLENB ' •
My Commission E�_ � lr•••'
NCLB 1 224833.1
Greenway Town Center, OR
EXHIBIT"A"
Part of the Northwest one-quarter of Section 34, Township 1 South, Range 1 West of the
Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon,
described as follows:
Beginning at the point of intersection of the North right of way line of Springwood Drive,
extended, and the East right of way line of S.W. 122nd Avenue (now vacated), said point lying
North 89°54'50" East 1,077.94 feet and North 0°05'42" West 635.10 feet from the West one-
quarter corner of said Section 34; thence North 89°52'27" East 4 feet; thence North 0°05'45"
West parallel with the West right of way of said avenue, 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 said avenue(now vacated); thence North 0°05'45" West 180 feet along said right
of way to a point; thence North 89°52'27" East 20 feet parallel to the center line of Springwood
Drive to a point on the center line of said avenue (now vacated); thence North 0°05'45" West
276 feet on and along said center line to a point on the South right of way of Scholls Ferry Road,
being 50 feet from center line thereof; thence South 84°22'18" West on and along said South
right of way of Scholls Ferry Road, 577.71 feet to an iron rod; thence South 0°05'45" East
550.61 feet to an iron rod on the North right of way line of Springwood Drive, being 25 feet
from center line thereof; thence North 89°52'27" East on and along said North right of way line
595.02 feet to the point of beginning.
TOGETHER WITH those certain easement rights as set forth in the Declaration of Restrictions
and Grant of Easements, dated May 11, 1979 and recorded June 22 1979, under Recorder's Fee
No. 79 24332, Washington County Records, as modified by the Addendum thereto, recorded
March 28, 1980, under Recorder's Fee No. 80010910 of said records.
EXHIBIT B
ASSIGNEE
LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE
REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL MORTGAGE
TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2006-C24, WHOSE OFFICE IS LOCATED AT 135 SOUTH LASALLE STREET,
SUITE 1625, CHICAGO, ILLINOIS 60603
A't PACIFIC
4,10, DENTAL SERVICES'
January 27, 2015
City of Tigard, Community Development Department
13125 SW Hall Blvd
Tigard, OR 97223
RE: Proposed Minor Modification for leased retail site at 12266 SW Scholls Ferry Rd,
Tigard, OR 97223
To Whom It May Concern:
Pacific Dental Services is pleased to present the conceptual plans for a leased site at the
above address in the Greenway Town Center retail development in Tigard. Pacific Dental will
build out a state of the art dental office to serve the customers of the shopping center and the
citizens in the surrounding area. Pacific Dental has been developing and managing dental offices
since 1989 and will provide all support services for this this new site. With over 420 supported
locations, it is an industry leader and the provider of choice in the markets served. Pacific Dental
provides Landlords and shopping centers with a long term national tenant that will add
significant value to the development throughout the lifetime of the office.
The site at the above address is currently zoned C-G (General Commercial) and the use is
recorded as an "Eating and Drinking Establishment". Pacific Dental is proposing a minor
modification to change the use to "Office" (Medical/Dental). Per sections 18.360.050(B) and
18.330.020(B)(2), this proposed change does not trigger a major modification for the following
reasons: Pacific Dental is not a residential use, the proposed new use will not require additional
parking or increase the nonresidential use at the shopping center by more than 10%, and Pacific
Dental's tenant improvement build out will not increase the size of or modify the existing
building or shopping center in any way. The requested change will only affect the interior use for
the above address in the retail shopping center development.
In addition, the dental use parking requirement is significantly smaller than the same
requirement for an eating and drinking establishment use. With the current use, the parking ratio
for the site is 7 stalls per 1,000 square feet, while the new use will only require 3.9 parking stalls
per 1,000 square feet. The new use improves the parking ratio and increases the availability of
stalls for the customers in the center.
Please feel free to reach out to me directly with any comments or questions regarding the
above proposed minor modification. We look forward to your favorable response.
Sincerely,
11/41./W1---
Nick Taylor I Project Manager, Real Estate
Pacific Dental Services, LLC
17000 Red Hill Ave, Irvine, CA 92614
(714) 845-8651
taylorn@pacden.com 17000 Red Hill Avenue
Irvine,CA 92614
(714)845-8500 P
(714)845-8800 F
www.pacificdental services.com
et. PACIFIC
4010 DENTAL SERVICES*
January 27, 2015
City of Tigard, Community Development Department
13125 SW Hall Blvd
Tigard, OR 97223
RE: Proposed Minor Modification for leased retail site at 12266 SW Scholls Ferry Rd,
Tigard, OR 97223
To Whom It May Concern:
Pacific Dental Services is pleased to present the conceptual plans for a leased site at the
above address in the Greenway Town Center retail development in Tigard. Pacific Dental will
build out a state of the art dental office to serve the customers of the shopping center and the
citizens in the surrounding area. Pacific Dental has been developing and managing dental offices
since 1989 and will provide all support services for this this new site. With over 420 supported
locations, it is an industry leader and the provider of choice in the markets served. Pacific Dental
provides Landlords and shopping centers with a long term national tenant that will add
significant value to the development throughout the lifetime of the office.
The site at the above address is currently zoned C-G (General Commercial) and the use is
recorded as an "Eating and Drinking Establishment". Pacific Dental is proposing a minor
modification to change the use to "Office" (Medical/Dental). Per sections 18.360.050(B) and
18.330.020(B)(2), this proposed change does not trigger a major modification for the following
reasons: Pacific Dental is not a residential use, the proposed new use will not require additional
parking or increase the nonresidential use at the shopping center by more than 10%, and Pacific
Dental's tenant improvement build out will not increase the size of or modify the existing
building or shopping center in any way. The requested change will only affect the interior use for
the above address in the retail shopping center development.
In addition, the dental use parking requirement is significantly smaller than the same
requirement for an eating and drinking establishment use. With the current use, the parking ratio
for the site is 7 stalls per 1,000 square feet, while the new use will only require 3.9 parking stalls
per 1,000 square feet. The new use improves the parking ratio and increases the availability of
stalls for the customers in the center.
Please feel free to reach out to me directly with any comments or questions regarding the
above proposed minor modification. We look forward to your favorable response.
Sincerely,
Nick Taylor I Project Manager, Real Estate
Pacific Dental Services, LLC
17000 Red Hill Ave, Irvine, CA 92614
(714) 845-8651
taylorn@pacden.com 17000 Red Hill Avenue
Irvine,CA 92614
(714)845-8500 P
(714)845-8800 F
www.pacificden talservices.com
Center Size 93,101 SF
Portland
amble Space
Greenway Town Center 12262 1,750 SF 12268 3,105 SF
12266 3,105 SF
12220 SW Scholls Ferry Road I Tigard, OR 97223 Current Retailers
12150 COFFEE RUSH 1 SF
12220 WHOLE FOODS MARKET 37,500 SF
. ,ig,, Springwood Drive 12230 RITE AID 17,000 SF
12244 DOLLAR TREE 12,000 SF
12260 CLASSY NAILS 1,750 SF
12264 DIAMOND WIRELESS DBA 2,295 SF
VERIZON
12272 MCMENAMIN'S PUB 4,395 SF
FilliM;V:-:12:i.. 12280 LITTLE CA ESARS OF OREGON 2,100 SF AM -
'- f RITE y"" 12282 BOARDWALK FRESH BURGERS 8 2,025 SF
>='' WH�LE /��D [�wrw' ,� . - 7AEi FRIES
t,7 Al r 12286 BAJA FRESH 4,947 SF
. FOODS �' ��, 12244 12288 COLD STONE CREAMERY 1,128 SF
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