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Permit
p CITY OF TIGARD SITE WORK PERMIT 1111 ' COMMUNITY DEVELOPMENT Permit#: SIT2015-00004 TIGARD 13125 SW Hall Blvd.,Tigard OR 97223 503.718.2439 Date Issued: 06/25/2015 Parcel: 2S103DD01100 Jurisdiction: Tigard Site address: 13939 SW PACIFIC HWY Project: Walgreens Subdivision: MELROSE Lot: 7-8 Project Description: Site plan modifications due to ODOT condemnations&easements Contractor: YORKE&CURTIS Owner: WALGREEN CO#5780 4480 SW 101ST AVE PO BOX 901 BEAVERTON,OR 97005 DEERFIELD, IL 60015 PHONE: 503-646-2123 PHONE: FAX: FEES Description Date Amount Specifics: Permit Fee-Site Work 06/25/2015 $1,976.82 Plan Review 05/20/2015 $1,284.93 Type of Use: COM 12%State Surcharge-Building 06/25/2015 $237.22 Class of Work: ALT Info Process/Archiving-Lg$2.00(over 06/25/2015 $22.00 11x17) Project Valuation: $360,000.00 Site Specifics: Excavation Volume: 55 cu.yd. Fill Volume: 50 cu.yd. Impervious Surface: 0 sq.ft. Engineered Fill: No Soil Report Required: Paving: Yes Grading: Yes Landscaping: Yes Site Prep: Yes Storn Drains: Retaining Wall: Fire Underground: No Accessible Parking: Yes Fence: Total $3,520.97 Required Items and Reports(Conditions) This permit is issued subject to the regulations contained in the Tigard Municipal Code, State of OR. Specialty Codes and all other applicable law. All work will be done in accordance with approved plans. This permit will expire if work is not started within 180 days of issuance, or if work is suspended for more the 180 days. ATTENTION: Oregon law requires you to follow the rules adopted by the Oregon Utility N. . .• Center. Those rules are set forth in OAR 952-001-0010 through OAR 952-001-0090. You may obtain a copy of the rules or dir- t questions to NC • -•/ling 503.232.1987 or 1.800.332.2344. Iss ed By: Permittee Signature: Call 503.639.4175 by 7:00 a.m.for the next available inspection date. This permit card shall be kept in a conspicuous place on the job site until completion of the project. Approved plans are required on the job site at the time of each inspection. • f Building Permit Application Site Work RECEIVED , „I,,„ 1 „ I I •1 �„I , City of Tigard Re eB ;� • 13125 SW Hall Blvd.,Tigard,OR 97223 MAY 1 2 2015 Plan Review •• Phone: 503.7182439 Fax: 503.598.1960 oatels : !�� MIST• 1 t II('" Internet: www.tigard-orgov 503.639.4175 CITY OF TIGARD ��ehod. '.' 77.< S lig upplemental Information BUILDING DIVISlO P)AV61t�� TYPE OF WORK REQUIRED DATA:1-AND 2-FAMILY DWELLING ❑New construction ❑Demolition Permit fees'are based on the value of the work performed. Indicate the value(rounded to the nearest dollar)of all ®Addition/alteration/replacement El Other: equipment,materials,labor,overhead,and the profit for the CATEGORY OF CONSTRUCTION work indicated on this application. El I-and 2-family dwelling 0 Commercial/industrial Valuation: S El Accessory building ❑Multi-family Number of bedrooms: ❑Master builder ❑Other: Number of bathrooms: JOB SITE INFORMATION AND LOCATION Total number of floors: Job site address:13939 SW Pacific Highway New dwelling area: square feet City/State/ZIP:Tigard,OR 97223 Garage/carport area: square feet Suite/bldg./apt.no.: Project name:Walgreens#5780 Covered porch area: square feet Cross street/directions to job site:SW Gaarde&Pacific Highway(99W) Deck area: square feet Other structure area: square feet REQUIRED DATA:COMMERCIAL-USE CHECKLIST Subdivision: Lot no.:1100 Permit fees'are based on the value of the work performed. Tax map/parcel no.:2S103DD1100 Indicate the value(rounded to the nearest dollar)of all equipment,materials,labor,overhead,and the profit for the DESCRIPTION OF WORK work indicated on this application. Site plan modifications due to ODOT condemnation. Valuation: 55360,000.00 Existing building area: 14775 square feet New building area: 14775 square feet ® PROPERTY OWNER ❑ TENANT Number of stories: 1 Name:Walgreens Corporation Type of construction: V-B Address:106 Wilmont Road-MS1620 Occupancy groups: City/State/ZIP:Deefield,IL 60015 Existing: M Phone:(847)3153822 Fax:( ) New: M ® APPLICANT ❑ CONTACT PERSON NOTICE Business name:MulvannyG2 Architecture All contractors and subcontractors are required to be Contact name:Matthew Neish licensed with the Oregon Construction Contractors Board under ORS 701 and may be required to be licensed in the Address:1110 112th Avenue NE,Suite 500 jurisdiction in which work is being performed.If the City/State/LIP:Bellevue,WA 98004 applicant is exempt from licensing,the following reasons apply: Phone:(503)913.7460 Fax::( ) E-mail:mattneish®mulvannyg2.com CONTRACTOR Business name: yo v- st- LLA.Q I I> BUILDING PERMIT FEES" Address: 4"e0 .514.1 f e i fir /90e- (please refer to fee schedule) City/State/ZIP: 6-f AO !s 2ro 1J d fa- gra, Structural plan review fee(or deposit): FLS plan review fee(if applicable): Phone:66 72) ("446 Z I g 3 I Fax:( ) CCB lic.: 55 le zit/ „T /i/�3//7 Total fees due upon application: Amount received: Authorized signature: This permit application expires if a permit is not obtained within 180 days after it has been accepted as complete. Print name:Matthew Neish Date:5.6.15 • Fee methodology set by Tri-County Building Industry Service Board. I:\Building\Permits\SIT-PermitApp.doc 10/01/09 440-4613T(11/02/COM/WEB) r City of Tigard: Site Work Permit Checklist Page 2-Supplemental Information Commercial,Multi-Family and One-and Two-Family Dwellings: No permit is required if fill is less than 50 yards(5 dump truck loads),or less than 3 feet deep and will not be supporting a structure. If a building will be constructed on the fill, it must be engineered fill. If fill is in a flood plain,drainage way,or wetland,the applicant must apply for a sensitive lands review (SLR). Please complete all items below,unless otherwise noted. Excavation Volume: 55 cu.yds. Grading Volume: (Soils report required for>5,000 cu.yds.) 105 cu.yds. Fill Volume: (Fill exceeding 12"in depth shall be compacted to 90%of maximum density) 50 cu.yds. Retaining structure? (Check one) ❑ Rock ❑ CMU ❑ Concrete ® Other: Existing *Total new impervious area including all buildings, sidewalks,and paving: 0 sq. ft. Site Utilities Plumbing Work: Complete the Plumbing Permit Application for site utilities plumbing work. Plans Required: See"Site Work Permit Application-Plan Submittal Requirements"attached. The following must accompany this application: ® Site Plan with Vicinity Map showing ADA ® *Parking(including ADA)and Lighting compliance Plan ® Grading Plan and details ►ZI *Landscaping Plan HErosion Control Plan and details ❑ Soils Report(if required) Retaining Structures ❑ Fire Line 'Does not apply to One-and Two-family dwellings. Plan Submittal: Permit Fee: TYPE OF SUBMITTAL #of Plans Valuation: Permit Fee: (New,Additions or Required at $.00 to$500.00 $51.09 minimum permit fee Alterations) Submittal $500.01 to$2,000.00 $51.09 for the first$500.00 and $2.69 for each additional$100 or fraction Commercial 3 thereof,to and including$2,000.00. $2,000.01 to$25,000.00 $91.44 for the first$2,000.00 and Multi-Family R-1 Occupancy 3 $10.76 for each additional$1,000 or fraction thereof,to and including $25,000.00. One-&Two-Family Dwelling 2 $25,000.01 to$50,000.00 $338.92 for the first$25,000.00 and $8.06 for each additional$1,000.00 or fraction thereof,to and including $50,000.00. $50,001.00 to$100,000.00 $540.42 for the first$50,000.00 and $5.38 for each additional$1,000.00 or fraction thereof,to and including $100,000.00. $100,000.01 and over $809.42 for the first$100,000.00 and $4.49 for each additional$1,000.00 or fraction thereof. l:\Building\Permits\SIT-PernitApp.doc 05/25/2012 2 • City of Tigard , ---01- -, COMMUNITY DEVELOPMENT DEPARTMENT \ R Permit Review — Commercial - With Land Use Building Permit #: c_�T iO! —a_k_Do Site Address: /3 3 9 3k) 71 yc} Suite/Bldg#: Project Name: to cee,tg (Name f c mercial business occupying the space. If vacant,enter Spec Space.) Planning Review, �/ / / /� /12406-61„),_. Proposal: Pa/7)Mo/N in— I7'e •-, K�. , (0 4 Qa / _ ., j •■ v 0� 4 LG Verify site address/suite#exists and active in permit syste . IItt`.aver Terrace Plan District: • ❑ Yes V No L�� nd Use Case#: �/S'oQO/� 60601 R Plan- atch Approved Land Use: a Site Plan g Landscape Plan ❑ Other: 111 ' rban Forestry Planflevation Plan o I • Nil Al uilding Height: Maximum Height 1-/c- Actual Height EY1 e ( onditions Met: ❑ Prior to Submittal ❑ Prior to Permit Issuance✓ Business Lice e: Exists: Yes ❑ No,applicant notified to obtain business license Public Facilities Improvement (PFI) Permit: Required: ❑ Yes,applicant was notified 21No Applied For: ❑ Yes ❑ No,stop intake Notes: f Approved by Planning: :, L Date: S//.=.2//S' Revisions (after Building Submittal only) Reviewer Date Revision 1: ❑ Approved ❑ Not Approved Revision 2: ❑ Approved ❑ Not Approved Revision 3: ❑ Approved ❑ Not Approved Building Permit Submittal Original Submittal Date: 5/ /S Site Plans: # _„?.._ Building Plans: # Building Permit#: Fr nter building pe above. Workflow Routing: ning al Engineering g"Permit Coordinator [21;.;11-ding Workflow Sign-off: R'S -off for Planning(include notes from planning review) Route Application Documents: uilding: original permit application,site plans,building plans,engineer and beam calculations and trust details,if applicable,etc. Notes: By Permit Technician: _ Date: 5`:p//S' I:\Building\Forms\BldgPermitRvw_COM_W ithLandUse_040115.docx Engineering Review 2'�Slope at building pad: [ 1'FI Permit#: _ �Ot /� W onditions "Met"prior to issuance of building permit "le Er-Easements (encroachments)per engineering conditions of approval and plat(not typical on SDR/CUP) VNIVater Quality/Quantity Facility: Assess Water Quality Fee in-lieu: ❑ Yes [ i 1 Assess Water Quantity Fee in-lieu: ❑ Yes 11--ICfo LIDA Facility on lot: ❑ Yes 8.-1(o ❑ NOT Approved by Engineeri 2,: D. e Notes: _ _ _ _ I Approved by Engineering: ./Z ,474a. �„�, ) Date: _5—,„g/-16— Revisions (after Building Submittal only) Reviewer Date Revision 1: ❑ Approved ❑ Not Approved Revision 2: ❑ Approved ❑ Not Approved Revision 3: El Approved ❑ Not Approved Permit Coordinator Review ❑ Conditions "Met"prior to issuance of building permit ❑ Approved,NOT Released: Date: Notes: Revisions (after Building Submittal only) Revision Notice 1: Date Sent to Applicant: Revision Notice 2: Date Sent to Applicant: Revision Notice 3: Date Sent to Applicant: �OK to Issue Permit / C 5/2-1/S Approved by Permit Coordinator: Date: I:\Building\Forms\BldgPermitRvw_COM_W ithLandUse_040115.docx NOTICE OF TYPE I DECISION WALGREENS 1111 NONCONFORMING USE DETERMINATION T I G A R D 120 DAYS = September 8, 2015 SECTION I. APPLICATION SUMMARY FILE NAME: WALGREENS NONCONFORMING USE DETERMINATION CASE NO.: Miscellaneous Permit (MIS) MIS2015-00001 PROPOSAL: The applicant requests a nonconforming use determination for an existing site located at 13939 SW Pacific Highway (WCTM 2S103DD, Tax Lot 1100). The property,currently occupied by Walgreens Pharmacy,is undergoing modifications to the on-site parking lot and landscaping as a result of the Oregon 99W: Gaarde/McDonald Intersection Improvement Project. APPLICANT: MulvannyG2 Architecture Matthew Neish 1110 112th Avenue NE,Suite 500 Bellevue,WA 98004 OWNER: Walgreens Corporation John Preber 106 Wilmot Road,MS 1620 Deerfield,IL 60015 COMPREHENSIVE PLAN DESIGNATION: General Commercial 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. LOCATION: 13939 SW Pacific Highway;WCTM 2S103DD,Tax Lot 1100 APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.760.020(A). SECTION II. DETERMINATION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED a Nonconforming Use Determination confirming the nonconforming use on the applicant's site,subject to the findings and conclusions on which the determination is based,noted in Section IV of this decision. MIS2015-00001 WALGREENS NONCONFORMING USE DETERMINATION PAGE 1 OF 4 1• SECTION III. BACKGROUND INFORMATION The property is located at 13939 SW Pacific Highway; north of SW Gaarde Street, and west of SW Pacific Highway. The 1.94-acre development site is made up of one 15,120-square-foot commercial building, 65 parking spaces, and associated landscaping. The site is currently occupied by a sales-oriented retail use, Walgreens Pharmacy. The property is zoned General Commercial (C-G), as are adjacent properties to the north, south, and east; adjacent properties to the west are zoned Medium-Density Residential (R-7). The property is undergoing modifications to the on-site parking lot and landscaping due to the Oregon 99W: Gaarde/McDonald Intersection Improvement Project, a collaborative project between the Oregon Department of Transportation (ODOT), City of Tigard, and Washington County. The intersection improvements will remove 11,799 square feet from the site's frontage along SW Pacific Highway and SW Gaarde Street,and 2,606 square feet for a permanent utility easement. Specifically,the proposed improvements will: 1. Reduce the site's off-street parking from 65 spaces to 54 spaces. Based on TDC Table 18.765.2, the minimum off-street parking requirement for Walgreens Pharmacy is 45 spaces (3.0 spaces/1,000 square feet). Staff reviewed the applicant's submitted site plan and narrative to determine there is adequate parking to meet the minimum code requirements, with 54 spaces provided. 2. Reduce the site's landscaped area below 15%, which is the minimum requirement for the C-G zone (TDC Table 18.520.2). The applicant requests a nonconforming use determination that reflects the proposed site modifications. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.760.020 Determination of Nonconforming Use Status A. Director's determination. The Director shall make a determination regarding the legal status of a nonconforming use by means of a Type I procedure, governed by Section 18.390.030, using the following criteria: 1. Proof that the use was permitted by this title at the time it was established, by any of the following: a. Copies of building and/or land use permits issued at the time the use was established; b. Copies of zoning code provisions and/or maps; c. Demonstration that the use was established before the first development code for the community was adopted. In 1999,the existing Walgreens Pharmacy was established and approved under Site Development Review (SDR1999-00009). In 2010, the addition of a Redbox DVD rental kiosk was approved under Minor Modification (M D2010-00013). Copies of both land use decisions are attached to this report. Staff did not find additional land use decisions that affect the subject property, and determined that the site has not undergone a change of use since its establishment. Furthermore, the existing sales-oriented retail use is a by right permitted use in C-G zone.This criterion is met. 2. Proof that the use has been maintained over time. This includes copies of one or more of the following evidence for every other year from the time the use was established until the current year. Standard evidence that the use has been maintained over time includes: a. Utility bills; b. Income tax records; MIS2015-00001 WALGREENS NONCONFORMING USE DETERMINATION PAGE 2 OF 4 r1► c. Business licenses; d. Listings in telephone,business and Polk directories; e.Advertisements in dated publications, e.g.,trade magazines, and/or; f. Building, land use or development permits. City records show multiple building, land use, and development permits for Walgreens Pharmacy since its establishment in 1999. Copies of all relevant permits are attached to this report. Staff reviewed these records to determine that the current sales-oriented retail use has been maintained over time. Additionally, the right-of-way dedication and street improvements will reduce the site's landscaped area below 15%,which is the minimum requirement for the C-G zone (TUC Table 18.520.2). This reduction creates a nonconforming use of structure and premises in combination, based on "inadequate off-street parking,landscaping or other deficiency," ('IDC 18.760.040.D.1). However, the nonconforming status is a direct result of the Oregon 99W: Gaarde/McDonald Intersection Improvement Project. Because this modification is out of the control of the applicant/property owner, the change in development is considered legal nonconforming. This criterion is met. CONCLUSION: The existing sales-oriented retail use, Walgreens Pharmacy, at 13939 SW Pacific Highway is a by right permitted use that has been maintained over time. In addition, modifications to the site landscaping resulting from the Oregon 99W: Gaarde/McDonald Intersection Improvement Project create a legal, nonconforming use of structure and premises in combination. A status of nonconforming use and development for the landscaping is confirmed. 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 Nonconforming Use Determination 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 MAY 12, 2015 AND BECOMES EFFECTIVE ON MAY 13, 2015 Questions: If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCSnu,tigard-or.gov. --�= May 12,2015 APPROVED BY: Lina Smith Assistant Planner MIS2015-0x0o1 WALGREENS NONCONFORMING USE DETERMINATION PAGE 3 OF 4 Matt Neish From: Debbie Adamski <DEBBIE©tigard-or.gov> Sent: Monday, May 04, 2015 2:23 PM To: Matt Neish Cc: #Building Permit Technicians Subject: RE: Walgreens-Tigard, OR Matt, The plan review fee/submittal fee for a site work permit valued at$360,000 would be Our office hours for submittal are Monday through Thursday,from 8:00 am to 4:30 pm. We are closed on Fridays. Let me know if you need anything else. Debbie Adamski Senior Building Permit Technician City of Tigard I Community Development 13125 SW Hall Blvd.,Tigard, OR 97223 503-718-2450 From: Matt Neish [mailto:Matt.Neish©MulvannyG2.com] Sent: Monday, May 04, 2015 2:18 PM To: Debbie Adamski Subject: Walgreens -Tigard, OR Debbie, Could you please provide me with the plan review fees for a site plan modification valued at$360,000 for the Walgreens site at Gaarde and Highway 99W. Thank you. Matthew Neish RA I Associate Principal Shaping the Future Through Inspiring Design MulvannyG2 Architecture 1110 - 112th Ave. NE Suite 500 I Bellevue, WA, 98004 D: 425-463-1439 T: 425-436-2000 M: 503-913-7460 E: Matt.Neish@IMulvannyG2.com W: www.mulvannyg2.com DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 1 Location: Record Type: Inspection Type: Result: Comments: Inspection Date: Record ID: Inspector: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Tel: 503.718.2439 13939 SW PACIFIC HWY, TIGARD, OR, 97223 Commercial - Site Work 499 Final inspection PASS - No C of O SIT2015-00004 Chip Barnett Violation Summary: Inspector Contractor