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MMD2015-00021 MMD2O15 - 00021 MOD Pizza NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2015-00021 11111 MOD PIZZA T I GARD 120 DAYS = October 1, 2015 SECTION I. APPLICATION SUMMARY FILE NAME: MOD Pizza CASE NO.: Minor Modification(MMD) MMD2015-00021 PROPOSAL: The applicant is proposing a change of use to a tenant space at 12196 SW Scholls Ferry Road. The 2,600-square-foot tenant space will combine a former medical/dental office (1,500 square feet), and a former sales-oriented retail store (1,100 square feet) to create a new fast food eating and drinking establishment, MOD Pizza. APPLICANT: Robert C. Simpson 31177 SW Simpson Road Cornelius,OR 97113 OWNER: Atlas Greenway LLC 333 NW Ninth Avenue Suite 1009 Portland,OR LOCATION: 12196 SW Scholls Ferry Road 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 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. MMD2015-00021 MOD Pizza 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS t r t ; FROM THErEFFEC�TIVE DATE OF T3HIS'DECISION� - � "11,144;,1'.14 x <: SECTION III. BACKGROUND INFORMATION Site Information: The project is located at 12196 SW Scholls Ferry Road; south of SW Scholls Ferry Road, west of SW 121st Avenue and east of SW North Dakota Street. The subject property is an approximately 2,600- square-foot tenant space within an existing shopping center. The approximately 11-acre development site is made up of three parcels and contains four commercial buildings, landscaping, and associated parking. The site is zoned General Commercial (C-G) and is located within a Planned Development. Proposal Description: The applicant is proposing a change of use to a tenant space at 12196 SW Scholls Ferry Road. The . 2,600-square-foot tenant space will combine a former medical/dental office (1,500 square feet), and a former sales-oriented retail store (1,100 square feet) to create a new fast food eating and drinking establishment,MOD Pizza. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: 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 Because the applicant has only proposed a change of use, which primarily .affects off-street parking regulations, that is the main focus of this review. The change of use is from a medical/dental office (1,500 square feet) and a sales-oriented retail store (1,100 square feet) to a combined, 2,600-square-foot fast food eating and drinking establishment. The approximately 11-acre shopping center is a mixed-use, multi-tenant site, and is therefore subject to the required minimum vehicle parking formula outlined in 'DC 18.765.030.D. The table below calculates the minimum off-street vehicle requirements based on this formula: Use Category Square Parking Spaces Percentage Total Parking Footage Required. Required Spaces Required 1.Sales- rientedFRetail 12,75`4 77.38 . • 100% • Fast Food Eating?& 7 685 54 85% 46 Drinking Establishment '- F.Pet_sonal•Services. 3,275, 8 0% Eating& Drinking o 2;)75 27 60%../0 16 TOTAL 106' Staff finds that 106 parking spaces are required for the entire shopping center, taking into consideration the change of use discussed above. Based on the applicant's submitted site plan, staff finds there is adequate parking at the development site,with 126 parking spaces provided. Upon review of the applicant's plans and narrative, staff finds that all other applicable requirements are met. This criterion is met. MMD2015-00021 MOD Pizza 2 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 Tide. 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 JUNE 4, 2015 AND BECOMES EFFECTIVE ON JUNE 5, 2015 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSatigard-or.gov. • June 4.2015 APPROVED BY: Lina Smith Assistant Planner \I\I1)2(ili-u0li21 \I01)Pizza 3 APPLICANT MATERIALS . City of Tigard RECEIVED , g 11 COM\il-\FIN 1)t:\'1.11.0P\i1:\7 1)t.PAR NIFN JUN 02 2015 „t,'AR„ Minor Modification Type I App4sorggp PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL l > `it taw et vatawt lelout ELEMENTS A. (,1Q1JtaYid TG1y;114, 1 te41g&t4, MOD Knol, ri()w.ner's Signature/Written (U C 4 -11,is L.A. , A A luthonzation A •A T b. ^Ao1'W. `Title Transfer Instrument or Deed Site Plan(2 large plans drawn to scale /and one reduced to 8.5"x11'/:") Pro erne address/location(s): 121�G 9 ',dbI Is Far' (Ze4u( Applicant's Statement/Narrative P (22 copies)Address criteria in: Thu►'YA,dC all 2 2 3 11)(: 18.360.050.8.1-11 Tax map and tax lot #(s): 151 ;#rt. 00 ,0 II ezzoo Filing Fee Site size: 2.2244(T1 ) + 2 u4(l-L WO 2 3.I4#. Applicant': 1R4bovt G• 5;.: M �/ 1 �j 1(Z 7 4FJ jl I�14 Case Na: Address: Related Cue No.(s): City/state:. dl'C�4'b14 , Of Zip: "11 W3 Phone:'!a'-Zai-106 Email: IZ5 .(Wee tY..•t.0►,,., Application Foe Tt.)/ Application accepted: I PROPERTY OWNER/DEED HOLDER(S). 0 Same as Applicant (42// Name: /4145 (,rtztvl clay £-L(, Application determined completc 2 Address: 7. 3 33 N. Gel, ' 1 Susie loof By: L Date:: 62/J/l c— City/state: 70)4714,40/ or Zip: /277-Of oq isw«wmmiwouMus.S.awiim. low 1,10141814 Contact name: Tames A , ,2arji s Phone number: s7 709 - qq/7 1 •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(8)or 18.330.020(8)(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 dear 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 • wwatttigard-or.gov • 503-718-2421 • Page 1 of 2 APPLICANTS 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. THE APPLICANT(S) SHALL CERTIFY THAT: • ..y - 1.0 ... •• •• ' . I . • 1.9.•• • . II' . • • • ••.• '. .I• • - •• •1.• •• • 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. SI N TURES of each owner of the subject property required. • ZbY,Arf (. c.-Y, 61/1//015 • pplicant's signature Print name Date -Ta ot_as A A . 'a.,„-Jcikr Com- z- z e/.5' • • . -'5)signature Print name Date Owner's signature Print name Date 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 • wwwtigard-or.gov • 503-718-2421 • Page 2 of 2 Washington County,Oregon 2013-049276 D-DW Stn=4 A STROM 05/31/2013 11:17:41 AM $25.00$11.00$5.00$15.00$5,500.00 $5,556.00 After recording, return to: i,Richard Hobernichl,Director of Assessment and Taxation and Es. Officio County Clerk for Washington County,Oregon,do hereby Radler White Parks & Alexander LLP certify that the within Instrument of writing was received and recorded In the book of records of said county. Attn: Timothy M. Parks Richard Hnbernicht, Director of 111 SW Columbia Street, Suite 1 100 Assessment and Taxation,Ex-Officio Portland, OR 97201 Until a change is requested, all RE( E \IEI) tax statements shall be sent to: Atlas Greenway LLC JUN 0 3 2015 333 NW Ninth Avenue, Suite 1009 Portland OR 97209 CITY OF TIGARD PLANNING/ENGINEERING STATUTORY WARRANTY DEED Greenway Center LLC, a Washington limited liability company, as Grantor, conveys and warrants to Atlas Greenway LLC, an Oregon limited liability company, as Grantee, the real property legally described on the attached Exhibit A, free of encumbrances except as specifically set forth in the attached Exhibit B. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $5,500,000.00. [Signature Page Follows] {00148531;1} 1 • After recording, return to: Radler White Parks & Alexander LLP Attn: Timothy M. Parks 111 SW Columbia Street, Suite 1100 REC EL YR ICdALLY Portland, OR. 97201 - ID 00?rD43214co,n,t,_ ____, D .3I. 3 ^__m Y►` Until a change is requested, all simplifik mwarnplifiloomm 800.4605657 tax statements shall be sent to: - Atlas Greenway LLC 333 NW;Ninth Avenue, Suite 1009 Portland, OR 97209 STATUTORY WARRANTY DEED Greenway Center LLC, a Washington limited liability company, as Grantor, conveys and warrants to Atlas Greenway LLC, an Oregon limited liability company, as Grantee, the real property legally described on the attached Exhibit A, free of encumbrances except as specifically set forth in the attached Exhibit B. BEFORE SIGNING. OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.30.1 AND,195.305 TO 195.3.36 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND 'SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED, IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS. 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance is $5,500,000.00. [Signature Page Follows] {00148531;1} 1 Dated: - ,2013 GREENWAY CENTER LLC, a Washington limited liability company By: EAGLE VALLEY HOLDINGS, LLC, a Washington limited liability company, Member By: /Mit11./* . - Name: Willi. Ya` 'dens, Jr. • Title: Man.• By: /Aid)", Name:'i 1 ichard B. Riegels Title:Manager STATE OF > is --' ) akct-Kctss Colifity of ,L6-0,PJA. ) • This instrument. was acknowledged before me on /L(e— Z7 , 2013, by William W. Saunders, Jr., Manager of Eagle Valley Holdings, LLC, a Washington limited liability company, as the-.Member of Greenway Center LLC, a Washington limited liability company, on behalf of said;limited liability .company. "UMWN hIOur , ARYo y % • °=NQ Notary Public for p %ltia �y. r My commission expires: 0),20/I- NOREEN HO,FIRST CIRCUIT �000mu O F2 Doc. Date: ,'-v/ r/3 #Pages: S .�,OTARY'F2 Doc.Description: XlG��`f'& �/ =DomF:'.,y� •4 8L m Notary Signature Date ''6 .e` °s., : 0: (00148531;1} 2 • STATE OF HAWAII ) City and ) ss County of Honolulu ) This instrumentwas acknowledged before me on May 28 , 2013, by Richard B. Riegels, Manager of Eagle Valley Holdings, LLC, a Washington limited liability company, as the Member of Greenway Center LLC, a Washington limited liability company, on behalf of said limited liability company. raeicic6t L nnetteTachi < <i J NotaryF blit for y ; My com_ sign expires: 06/11/14 _ C0 vrtln,s icA1 NO.; 063�f4C :1:7;. tih NOTARY PUBLIC CERTIFICATION Lynnette R Tachi First Circuit Doc Description Statutory Warranty Deed Ne df PagesDate of Doc, aat-ea at time y �� /17.notarization �A �•` ��$ 5/28/,13 Nota, Signature. n1>• C.o ri1 I S ,of i Ain."„ 01,9-3411 = u • {00148531;I} 3 EXHIBIT A Legal Description 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 ata 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 Nortth„005'45” 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 rightofway of S.W..122nd.Avenue(now vacated) thence.North 0°5'45".West,,along said;right.of way,,1,80 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 rightof 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. {00148531;1} 4 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 tern-i 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 tenns. 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. C9011.13CV 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 SCHOLL ROAD T348. (COUNT'( C� V2 ` --:''r - w \ i RECEIVED =� �� SpIRM �' r • -- i 0.1%.,,, 9�E , 4l' 6 ' 4' - ` JO,s.� JUN d 2 2015 • . i I I I I I I I __, BUS NG EA CITY OF T!GARD M d, AREA 5,729 PLANNINiG;ENGINEERING co N ' I 1 t3 bsl 2 .. I O P,N m N / "CARLS JR 111 I 1 l ►=� CITY OF TIGARD < yy {,.,I co 1 SINGLES ORV to v) y� — Approved by PIs ning AREA 3,308 S.F. I }y1 LZ , _ Date: �'/q7/.� g m s _ Eik IP 1 Initials: ( C < CREENWAY CENTER LLC o DOC. NO. 2005-030228 N 144100 SQUARE FEET h N 3.400 ACRES O0 13E _) ( N vi ❑i) ar 0 BUILDING'B O SINGLE STORY } CC 0 AREA 3,803 S F Q \\\ gar if 2 r g O 0 U SKY 441/t 7 Li T---- Q O I- o f > N BUILDING'C' N 1• SINGLE STORY AREA 14,408 S.F. � It: 1� ; � ►. k4;7 law , _,. 7439..0f-- mm, pr- . jr, 1 I= ...41• 1110.41111- 11 :ISTING ..,. ,,....\;,''' f/ 38 PARKING SPA S '• p I g P.O.B. 79 ^ N j 2 SW SPRINGWOOD DRIVE 4 cV Z • f rt "---_ RECEIVED JUN 02 2015 Minor Modification Narrative CITY OF TIGARD Greenway Shops, MOD Pizza Tenancy PLANNING/ENGINEERING The landlord proposes to lease a vacant tenant space to a restaurant tenant. The Tenant, MOD Pizza, fits the definition of fast food because it has a walk-up counter for ordering. Evaluation criteria: 1. An increase in dwelling unit density, or lot coverage for residential development; Not applicable. This is not a residential development. 2. A change in the ratio or number of different types of dwelling units; Not applicable. This is not a residential development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; Refer to site plan.Tax lots 00 and 200 have 127 parking spaces. 26 undesignated spaces are allocated to Carl's Junior. The remaining 11 spaces are allocated to buildings A, B, and C. Refer to Demising Plan Building "C". The plan shows the formerly occupying Building C on 8/19/2014, together with the current and proposed tenants occupying the building as of 5/20/2015. Refer to The Shops at Greenway Parking Study dated 8/19/20154 and The Shops at Greenway Parking Study dated 5/20/2015. The property has 101 parking spaces allocated to buildings A, B, and C. The total number of required spaces with the reduction allowance applied was 86.8 spaces for the tenant mix present on 8/19/2014. The total required number of parking spaces with the reduction allowance applied for the current and proposed tenant mix is 95.3 spaces. This is fewer than the 101 spaces provided. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There is no change in occupancy group as defined in the Oregon Structural Specialty Code. The previous tenants were a mix of B and M occupancies and the proposed tenant is an M occupancy. 5. An increase in the height of the building(s) by more than 20%; Not applicable. There is no increase in the height of the building and no new buildings are proposed. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected; Not applicable. No changes are proposed to the number or arrangement of parking spaces or on-site traffic circulation system. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; Refer to the attached parking study. The increased vehicular traffic threshold is not triggered. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; Not applicable. No increase in floor area is proposed. 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; Not applicable. No modifications are proposed to the amount of open space. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; b. Screening;r.and/or c. Landscaping,provision. Not applicable. No modifications are proposed to recreational facilities, screening; or landscaping. 11. A modification to the conditions imposed at the time of site development review approval.which are not the subject of paragraphs 1 through 10 of this subsection. Not applicable. No known modifications are made to pre-existing conditions of approval. Greenway Shops (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 Services 1,080 2.7 2.7 B Edward Jones Personal Services 715 1.8 1.8 B Berry Farm Yogurt Fast Food Restaurant 519 3.6 3.1 C Pharmaca Sales Oriented Retail 4,500 13.5 13.5 C Mud Bay Sales Oriented Retail 3,929 11.8 11.8 C Vacant Personal Services 1,480 3.7 3.7 C Vacant Sales Oriented Retail 1,800 5.4 5.4 C MOD Pizza Fast Food Restaurant 2,600 18.2 15.5 •_ CoJe 1S I ' .s"'-1 r Total Parking Required: 'A 95.3 I Total Parking Provided: 1 I Parking Standard Information Used 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 Z C7c-- 1 T ' Secondary Use:85%of code required parking Z— 0 z o Z-i N l 0> tv 0 M p D3 z 0 Prepared by Western Design Group 5/20/2015 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 Services 1,080 2.7 2.7 B Edward Jones Personal Services 715 1.8 1.8 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 C Vacant Sales Oriented Retail 1,800 5.4 5.4 C Vacant Personal Services 1,500 3.8 3.8 C Vacant Sales Oriented Retail 1,100 3.3 3.3 71- a,-i-ls .77- itt - -c--1 ce17,7} I_ Total Parking Required: 97 I 86.8 I Total Parking Provided:I _1 I Parking Standard Information Used 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 Z n 2) Mixed Use Reduction Allowances: Z C 0 Primary Use: 100%of code required parking -620 Secondary Use:85%of code required parking z.. N mo in m 0 z 0 Prepared by Western Design Group 8/19/2014 1 III _i____i 0 0 I: F' J:li ��0 I' #M03 ���PHHARMACA .:I�7 s • MUD BAY ® i'81 0`1 IE±', IA FORMERLY € E. I°� Game Haven 1111tt , ! c 5phi 13 IS fit 114 'x —p1104 4.7.6 1 9 'I A t1 FORMERLY ;1 • C Stucco 121 • =i 14 Hair Salona. 0 °1 1:=1 I�11 31,in lY I .� -1 I:�1 r1•-- 14 /�� il lir 1,480 SF x >,o 1,100 SF FORM RLY 1 ; 0 MOD Pizza Home Instead = !J010 k 1,500 SFf rr 1 ' 1,800 SF FORMERLY FORMERLY C Veternarian i f Woo Woo Yogurt b 11 '1 1 _fl I Zz e ) md C z—i t - en— G 0 O N m " rri- ( , 1 DEMISING PLAN BUILDING"C" SCALE: to�1` DATE OF ISSUE:05.09.2014 321 DJ Z