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MMD2014-00018 MMD2O14 - 00018 PHARMACA - GREENWAY TOWN CENTER I • NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2014-00018 PHARMACA T I GARD 120 DAYS = 12/4/2014 SECTION I. APPLICATION SUMMARY FILE NAME: Pharmaca—Greenway Town Center CASE NO.: Minor Modification (MMD) MMD2014-00018 PROPOSAL: The applicant is proposing a change of use to a tenant space at the Greenway Town Center East. The space,approximately 4,500 square feet in size,is changing from a restaurant to a retail pharmacy. APPLICANT: Atlas Greenway,LLC Gary Gilbert 333 NW 9th Ave.,Suite 1009 Portland, OR 97209 OWNER: Same as above LOCATION: 12180 SW Scholl's Ferry Rd. WCTM 1 S134BC,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. M1\11)2014-00018 I of 3 L SECTION III. BACKGROUND INFORMATION Site Information: The project is located at 12180 SW Scholl's Ferry Road; south of SW Scholl's Ferry Road, west of SW 121"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 4,500 square feet in size,is changing from a restaurant to a retail pharmacy. 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: The proposed development is in compliance with all applicable requirements of this title because the applicant has only proposed a change of use, which primarily affects parking regulations. The table below shows the required parking for the existing and proposed uses at the shopping center. The change of use is from a restaurant (Eating and Drinking Establishment) to a retail pharmacy (Sales-oriented Retail). The proposed use requires less parking (3.0/1,000 square feet) than the existing use (9.0/1,000 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 13,854 13.854 x 3.0 = 38.29 100% = 38.3 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 4.060 x 2.5 = 10.15 70% = 7.10 Office 715 .715 x 2.7 = 1.93 60% = 1.16 TOTAL PARKING 100 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. NIN11)2014-00018 2 of 3 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: 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 AUGUST 21, 2014. AND BECOMES EFFECTIVE ON AUGUST 22, 2014. Questions: If you have any questions, please contact Cheryl Caines at (503) 718-2437 or cherylc @tigard-or.gov. a August 21,2014 APPROVED BY: Cheryl Gaines DATE Associate Planner N1111)2014-00018 3 of 3 ( . giIT EGTL �rozaro EsCI ,,y ROIL"... I t11 Y5P0A0`j4E ........ rx,xE 1,+.188,I trA .u.n E.u„., N 'S. // BUILDING A* A .,t SiNGLE STORY I , I •-AREA 5,728: + I i S.F 0-- I I i11 1 111 Li � i.Z-J�i�y�j I L�\ e R I '. I I NT + 921 N.RIVERFROM BLW. RY I - { SASE 207 O/�LLAS.214-51 70100 S.F. I �r I I r�els0ee0 fip. 111 PHARMACA 19'-11 1.1/32' '.' I .-ii ARATIVE OFARA,ACv CI r• _ IMO I auawNC re I I `o SINGLE STORY ,_ . ._ I ,Er IAREA 3.80 S.F. I -' ..nn..bn.r.......l.... I . I _— I I i I « K ii I • I ',1M now C. 1 1 .n.,'::i' :i• ,IDS S.F. -- 1 . i 3 SI '444444 b• I p r, I Ir I I •I 1 C.� Z- ¢Z './� S I QQ U LL 0 c N W I Q 0oo I I ., l I 1 = > �o Cl- Q I I 00I 1 cc.- .475 1 /, • ew— _ _ _•— , I,—.vr-•_ ■ SHEET TITLE _ SITE PLAN (21'=. >.°' Sw SPf GwOOG ORPer h ��zhC /0E NO Er? - pi 1-- I 4..., . N. __ A14228 • DATE 01 AA./2014 SCALE AS NOTED NORTH DE••• RN SITE PLAN(REFERENCE ONLY) ® E�ECEED �E ^s�•,Q•' SHEET R0• C SP-3 RECEIVED AUG062014 III PLANNINENGINEERING Minor Modification — Type I Application TIGARD GENERAL INFORMATION Property Add ss/.Location(s): ../t' 1.2_140 I O!(tom In addition, the Director must find that the proposed 4, i,✓ s _140115 5-e yv c. . , change is in compliance with all applicable requirements of Tax Map&Tax Lot#(s): . ' u2./Q.�O7 3 T� P f Title ]8 of the Tigard Development Code. To complete R101/ 7'Z-- this review, the Applicant's proposal must include a Site Size: j♦ ?,j GLG/-2-S discussion indicating how the site expansion/change will continue to comply with the maximum setback, building Applicant*: �G[S �I'.tehN/A L-vG �,�„ ylJ�/ �� �v{y /U;�y height, parking, and landscaping standards. Other Address:3';y .)---.1-.- v, requirements of this title such as clear vision, solid waste City/State: Po►'�1Gn6/ / ark— Zip:`-.3 7,Z.o7 storage, non-conforming situations, signs, and tree Primary Contact: 6-4 1 6-44 4 f removal may also be applicable depending on the type and Phone:33 'mil-1.3'2 Fax: location of the proposed modifications. E-Mail: 1 9 , 16 ✓-r-.4-Grt-izt ,et tJ•G.1.1.1"47 Propert4wner/Deed Holder(s)*: (Attach List if more than one) / /1.f5 &VeZn t.✓a� �C. Address: . .33 /l/(N n Ave Phone,-�3 72411W4- REQUIRED SUBMITTAL ELEMENTS City/State: G�')/n�� e.7...10 7 (Applications will nor be accepted without the h/ Zip: following required submittal elements) 'I \X'hen the owner and the applicant arc different people, the Er Application Form applicant must be the purchaser of record or a lessee in B' Owner's Signature:Written Authorization possession with written authorization from the owner or an 12' 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 8'/:"x 11") written authorization with this application. a Applicant's Statement/Narrative(4 copies) Filing Fee 701 - Minor Modifications., Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must fast 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 m MD 2©/l<_0Od!Q modification exceeds the maximum allowed under any one or Case No.(s): CJ 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. Fee: 470 I. Applicant's Statement: Receipt No.: )?13 9 The applicant's statement must include a summary of the Date: e-‘-/ proposed changes. Criteria in either 18.360.050(B) or ]8.330.020(B)(2) must be addressed with a detailed response Application Accepted B G to each criterion. Failure to provide the information needed Date Determined Complete: to process the application would be reason to consider an Revue 6/24/2013 application incomplete and delay review of the proposal. i.�c�'Rin"t Mum* and UPC^mix"o,n�"r°°'t. src,,;a,,aa« . 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 To consider an application complete,you will need to submit ALL of the REOUIRED 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 APPLICANTS)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached tQ 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 arc 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. 5-�� ��� :371 D.1TED this day of ,20 I'1" 7 2l-"-�� Owne 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 PROJECT NARRATIVE DATE: 5 August 2014 TO: City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Minor Modification FROM: Chris Cooper A.I.A. RE: A14228-Pharmaca 12180 Scholls Ferry Road Tigard,Oregon 97223 CC: File Please accept this as the applicants statement for the application.We propose to construct a tenant improvement retail store in a previous restaurant use location. Evaluation Criteria 18.360.50: 1. There is no proposed increase in dwelling unit density. 2. There is no proposed change in the ratio or number of different type of dwelling 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 ways 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,. Thank you. zS cerely, JIP, . Chris Coo,. RCHIfEClURE Ariza'iolM 1255 West Rio Salado Parkway Suite 207 Tempe,Arizona 85281 480.268.2900 p 480.268.2905 f Member I.C.C.-N.F.P.A. -I.C.S.C.-A.I.A. BILL OF SALE 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. i • Dated: Ji2 'i ,2013 GREENWAY CENTER LLC, a Washington limited liability company By: EAGLE VALLEY HOLDINGS, LLC, a Washington limited liability company, Member By: ► 4L.... 4 Name: Will'• dens,Jr. Title: M. By: Name: ' 'chard B. Riegels Title: Manager {00148530;2} 1 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 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 121"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. {00148530;2} 2 MINOR MODIFICATION TIGAEU) REVIEW REQUEST TO: Albert Sheilds RETURN TO: Cheryl Caines DATE SENT: 8/14/14 DATE DUE: 8/21/14 PROJECT NAME: Pharmaca CASE NUMBER: MMD2014-000018 PROJECT ADDRESS: 12100/12140/12160 SW Scholl's Ferry Rd. PROJECT DESCRIPTION: Change of use from restaurant to retail. Comments below or ❑ See Attached eV L 94 6e- L fir Ve l�e t/ • /1/,[1 is\curpin\masters\completeness review request.docx Cheryl Caines From: David Hardister <dhardister @westerndesigngroup.net> Sent: Thursday, August 21, 2014 9:26 AM To: Cheryl Caines Cc: Gary Gilbert; Matthew Klutznick; Jim Parsons; Katy Durant Subject: Greenway Parking Analysis Attachments: Parking Study.pdf Cheryl, Attached is our parking analysis for the Shops at Greenway(East Property). Let me know if you need anything else. Thanks David Hardister, AIA Principal •Western Design Group Architecture/ Planning/ Landscape Architecture 2300 EAST THIRD LOOP SUITE 110 VANCOUVER, WA 98661 360-600-3284 MOBILE dha rdister@westerndesigngroup.net 1 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 SerAdces 1,080 2.7 -2cg 1-7401 ) . 9 B Edward Jones G e px.74&1(5 4-& 1.9 1.8 } i I. B Berry Farm Yogurt Fast Food Restaurant 519 3.6 3.1 C Vacant Sales Oriented Retail 4,500 13.5 13.5 C Vacant Sales Oriented Retail 3,929 11.8 11.8 C Salon Personal Services 1,480 3.7 3.7 3gS� , . ko C Vacant Sales Oriented Retail 1,800 5.4 5.4 C Vacant Personal Services 1,500 3.8 3.8 -2. '7 C Vacant Sales Oriented Retail 1,100 3.3 3.3 Camel's Sr Fas 4- Fe•a. 3/30 S3 a 3. a 19, 7 Total Parking Required:I 92.7 I I b I 86.8 )O 4 Total Parking Provided:I _10r I a b pr/ SI k plc., 4- Parking Standard Information Used c.tv-1 al pko-6.5 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 lei a^ t^4''i' €.4-"' J Secondary Use:85%of code required parking E.-li..g /0^ ^ic •^5 76% f tidon a k Services (0/o all 6-14..t es Prepared by Western Design Group 8/19/2014