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ZIL2020-00002 TIGARD City of Tigard January 16, 2020 Jaclyn Asure Essential Properties 47 Hulfish Street, Suite 210 Princeton, NJ 08542 Re: Zoning Inquiry Letter— ZIL2020-00002 6958 SW Varns Street, 6960 SW Varns Street, and 6960 SW Varns Street, Suite 100 WCTM 2S101DA,Tax Lot 2101 Dear Ms. Asure, The subject property is located in the Professional/Administrative Commercial Zone (C-P): "The C-P zone is designed to accommodate civic and professional services and compatible support services, for example convenience retail, personal services, and restaurants, in close proximity to residential areas and major transportation facilities. Heliports, medical centers, religious institutions,and utilities are allowed conditionally. Developments in the C-P zone are intended to serve as a buffer between residential areas and more intensive commercial and industrial areas." The subject property contains one (1)building with three (3) addresses: 6958 SW Varns Street, 6960 SW Varns Street, and 6960 SW Varns Street, Suite 100. City records indicate 6958 SW Varns Street is occupied by a medical office, which is an allowed use in the C-P Zone. The minimum off-street vehicle parking requirement for a medical office is 3.9 spaces for every 1,000 square feet of floor area. City staff did not find any records regarding the use(s) in the remainder of the building. Parking requirements are calculated based on use categories, as detailed in Chapter 18.410 Off-Street Parking and Loading of the Community Development Code of the City of Tigard. In 2018, the City of Tigard Planning Division approved a minor modification on the subject property (Case No. MMD2018-00011). A copy of this land use approval is attached to this letter. City records do not show any open or outstanding code violations related to this property. Without further analysis,it is uncertain whether the property is in compliance with the current 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Community Development Code of the City of Tigard, or whether any legal nonconforming issues exist. Sincerely, Lina Smith Assistant Planner NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2018-00011 AVANOA, LLC T I G A R D 120 DAYS =July 26,2018 SECTION I. APPLICATION SUMMARY FILE NAME: Avanoa.LLC CASE NO.: Minor Modification(MMD) MMD2018-00011 PROPOSAL: The applicant is proposing a minor modification to an existing development at 6958 SW Varns Street.Specifically,the applicant is proposing a change of use to an 2,067- square-foot tenant space,inside an existing commercial building.The proposed use is medical/dental office.The applicant also proposes to add one(1)Americans with Disabilities Act(ADA) accessible parking space,near the north end of the building. APPLICANT: Emmet Phair Construction Attn:Renee Snyder 6305 SW Rosewood Street,Suite E Lake Oswego, OR 97035 OWNER Avanoa,LLC Attn: Spencer Brannan 4001 Ease Baseline Road,Suite 107 Gilbert,AZ 85234 LOCATION: 6958 SW Varns Street WCTM 2S101DA,Tax Lot 2101 ZONING DESIGNATION: C-P: Professional/Administrative Commercial Zone. The C-P zone is designed to accommodate civic and business/professional services and compatible support services, e.g., convenience retail and personal services, restaurants, in close proximity to residential areas and major transportation facilities. Heliports, medical centers, religious institutions and utilities are permitted conditionally. Developments in the C-P zone are intended to serve as a buffer between residential areas and more-intensive commercial and industrial areas. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.780.050.0 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. MMD2018-00011 Avanoa,LLC 1 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 6958 SW Varns Street; south and east of SW Yarns Street,east of SW Fir Loop, and west of Highway 217.The 1.02-acre site is made up of one(1)tax lot,and contains an existing 8,302- square-foot commercial building, 12 parking spaces, and associated landscaping. The subject building contains two (2) tenant spaces: 6958 SW Varns Street (2,067 square feet in size), and 6960 SW Yarns Street (6,235 square feet in size). The applicant proposes a new medical/dental office inside 6958 SW Yarns Street; 6960 SW Varns Street is currently vacant. The property is zoned Professional/ Administrative Commercial (C-P). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.780 Site Development Review: 18.780.050 Minor Modifications C. Approval criteria. The approval authority shall approve or approve with conditions an application for a minor modification when all of the following are met 1. The proposed development is in compliance with all applicable requirements of this title;and The applicant is proposing a minor modification to an existing development at 6958 SW Varns Street. Specifically, the applicant is proposing a change of use to a 2,067-square-foot tenant space, inside an existing commercial building.The applicant also proposes to add one (1)ADA-accessible parking space, near the north end of the building. The subject building contains two (2) tenant spaces:6958 SW Varns Street(2,067 square feet in size),and 6960 SW Yarns Street (6,235 square feet in size). The applicant proposes a new medical/dental office inside 6958 SW Varns Street; 6960 SW Yarns Street is currently vacant. Accordingly, the minimum off- street parking requirement will only be calculated for the smaller tenant space.As outlined in TDC Table 18.310.2, a medical/dental office has a minimum off-street parking requirement of 3.9 spaces for every 1,000 square feet.Accordingly,staff finds that a total of nine(9)parking spaces is required for the subject tenant space, and there is adequate parking at the subject site, with 13 spaces provided (12 standard spaces,plus the proposed ADA-accessible parking space).When a new tenant is proposed for the larger space (6960 SW Varns Street), the property owner (or any agent authorized to represent the property owner) will need to ensure that the parking lot meets the parking requirements for both tenant spaces. Furthermore, the proposed ADA-accessible parking space will be reviewed for compliance with ADA parking standards by the Building Official, at the time of building permit submittal. Upon review of the applicant'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. The applicant is not proposing any of the changes outlined in TDC 18.780.040.B.Therefore,this proposal is not a major modification. This criterion is met. CONCLUSION: The proposal is a minor modification an existing development and is in MMD2018-00011_lvanoa,LLC 2 compliance with the applicable requirements of this Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was mailed to: X The applicant and owner 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 MARCH 28, 2018 AND BECOMES EFFECTIVE ON MARCH 29, 2018 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. March 28,2018 APPROVED BY: Lina Smith MMD2018-00011 Avanoa,LLC 3 PROJECT DESCRIPTION W_ m)m IM ICIT 19100••0011 A T fM, II 4MIMTCM RK 11M (SMIG MKVM aM II X -1:N 0 MOM MALLS MO USING O n li RSTMI,S.NM MIMI.rM\T41'Ma PLCIRRK MINING NM MA OItfA Q gyp. O. - PROJECT TEAM DRAWING INDEX d u ffi }Jv I- • •, IX • IVu TGNNAu mU Tb awI/SR nr ° • • - - RMR/LIOI: dlt0 MAR CVRIINCIIo4 T-OI MESS PVC CC MOIL(Wy)yoa--g1333 N (V • - • : rLOR(AIS/ 'MFNyO3MF T-] [no RAN PI0,9M MO. S R9JR OS9TT R1M O.NSIRYCIRI T-3 WM-, `Z• (VIf.WT:TM GWTFII T-♦ MOM=RAI S O W • OWL Isali aRmIMen 6,< j ° . ♦ - RIME WI)6SI-3M1 T-M OO I MM[p0 M ilT AY 2 O . . MP/ UMW,9[Nm1 MMYW T-S RTlCiIO mR0 PUNif,LI MIL:Tp.b..a:ll�M.mn LT. T. MIA PUN COMET: I.-7Mg.SI1 MS [3 M09 J T-0 6p[I10VS • i`�.1 y� DEFERRED SUBMITTALS ♦ •..— • Mel —�1�l(I':,i SWAM=WTI mVrRm am'�'AMMO To E • y'n�' _s tN .14. . •-• r / \�� - '( ¢ g�h� , �_emis a is. •- � \i. -- k _ s=: • - - 1% - CO• • B9s19, M F , B s a % . . . . . err .• • • _ ` ' ` pnfLRD • `� 1 � j7(-� f�• • • • 1211 10 •ls► � � p _ BATE ow.PS nom ® SITE PLAN m RECEIVED I SCALE:1/1S RO' ICMo ,,,s.!. nMlN.cvlv9[wa `� m.TReeT aZ-W - ObOO _. (SAMPLE- PREPARE ON LETTERHEAD OF APPLICABLE JURISDICTION) 201 $ RECEIVED Jaclyn Asure JAN 16 2020 Essential Properties CITY OF TIGARD 47 Hulfish Street, Ste 210 PLANNING/ENGINEERING Princeton, NJ 08542 Re: Zoning Compliance Verification (the "Project") located at (the "Property") Dear Jaclyn: In response to your request for information regarding the above referenced Project and Property, we have researched our files and represent the following: 1. The current zoning classification for the subject Property is 2. According to the zoning ordinances and regulations of this district, the use of the subject Property is: Permitted Use Non-Permitted Use Conditional Use(see comments, or attached documentation) Comments: 3. According to the zoning ordinances and regulations of this district applicable to this Property, the structure is: Legally Conforming Legally Non-Conforming (see comments, or attached documentation) Variance Granted (describe in comments, or attach documentation) Non-Conforming (see comments, or attached documentation) Comments: 4. In the event of a casualty to the Project, in whole or in part, the structure: May be rebuilt in its current form (i.e. no loss of sq.footage, same footprint, with drive through(s), if applicable) May not be rebuilt in its current form, except upon satisfaction of the following conditions, limitations or requirements (describe): 1 5. Based on our records, the Project: Complies with, or is otherwise exempt from, applicable subdivision requirements Does not comply with, nor is exempt from subdivision regulations 6. The current parking requirements for the subject Property/Project are: Total Parking Spaces required (# Regular # Handicapped Parking Spaces, for each sq.feet of area Parking Spaces, Other(describe): 7. Code Violations Information: There does NOT appear to be any outstanding/open zoning, building or fire code violations that apply to the subject property. There does appear to be any outstanding/open zoning, building or fire code violations that apply to the subject property(describe): 8. Certificate of Occupancy, status: A valid Certificate of Occupancy has been issued for the Project and a copy is attached. A valid Certificate of Occupancy has been issued for the Project(approximate issuance date ); however, we are unable to locate a copy in our records. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the Project. Certificates of Occupancy for projects constructed prior to the year are no longer on file with this office. The absence of a Certificate of Occupancy will not give rise to any enforcement action affecting the Project. A Certificate of Occupancy for the Project will only be required for new construction. Other(describe): 9. Additional Comments: This information was provided on , 20 , by the undersigned, on behalf of ("Zoning Authority") per request and as a public service. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon, or relates to the information supplied by the requestor. The Zoning Authority assumes no liability for errors and omissions. All information was obtained from public records, which may be inspected during regular business hours. 2 ZONING AUTHORITY: By: Printed Name: Title: Phone: 3 Lina Smith From: Mike Hoffmann <mikeh@terramarkinc.com> Sent: Thursday, January 16, 2020 2:10 PM To: #CD PoD Cc: Samuel Copelan Subject: Re: ZIL vs ZAL Attachments: Essential Properties zoning compliance letter template (Michelle).doc i , Warning!This message was sent from outside your organization and we are unable to verify the sender. Hi there, Per the email instructions I received shown below, I'd like to request a zoning inquiry letter for the property at 6958 SW Varns Street,Tigard, Oregon.The tax lot for this property 25101DA-2101. I've attached a template zoning letter which has all the items on there that my client is looking for.Also,your zoning letter should be addressed to my client, which their information is on the attached template. I understand there is a fee for this and that you would provide a link back for me to pay this online with a credit card. Please do send the link so that this application could be processed as soon as possible. Please let me know if you have any questions or concerns. Thank you, Mike Hoffmann Michael Hoffmann, PLS President x 503/860-2255 (Off); 541-977-1417(C) s Email: mikeh@terramarkinc.corn ALTA/ NSPS LAND TITLE SURVEY SPECIALISTS CA-7361;OR-57847;WA-40017;ID-11B71;UT-6865308;MT-18941;NV-20061;HI-15914 On Thu, Jan 16, 2020 at 12:47 PM Samuel Copelan <samuelc@tgard-or.gov>wrote: Good afternoon, We do not have an online form for a Zoning Inquiry Letter (ZIL) or for a Zoning Analysis Letter (ZAL). The list below describes what is included in our zoning letters: 1 • Zoning Inquiry Letter (ZIL) o General zoning information o Adjacent overlay information o Active code violations o Land use information and a link to related development approval o Zoning Map of the tax lots o Other parcel information if specified in the application letter • Zoning Analysis Letter (ZAL) o Zoning Map of the tax lots o Inquiries that require analysis o Nonconforming status determination ■ Please provide all related documents to assist us with our analysis To officially apply for a ZIL/ZAL,please send an application letter with the following information to tigardplanneronduty( tigard-or.gov: • State if you are requesting a ZIL or ZAL • All tax lots to be included in the letter • Detailed list of what you would like included in the letter • Additional documentation if ZAL The current cost for a ZIL is $121,and the current cost for a ZAL is $831. Please check with us every July 1 for the current fee schedule. If you choose to pay with a debit or credit card,we will send you a link to pay online when the letter is ready to be issued. Please note that there is a 3% transaction fee for all credit and debit card transactions. If you have any other questions about payment or zoning letters,please send me an email and I will be able to assist you. Thanks, Sam Copelan Assistant Planner City of Tigard; Community Development 13125 SW Hall Boulevard 2 Phone: (503)-718-2450 Email: Samuelcatigard-or.gov 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." 3