Loading...
DIR1997-6600 SW BONITA ROAD � ✓ July 24, 1997 � c�nroF Ti��� OREGON Mr. Mert Meeker Project Manager 726 McVey Lake Oswego, OR 97034 RE: Interpretation of Community Development Code for Expansion of Retail Use at 6600 SW Bonita Road Dear Mr. Meeker: The City received your request for an interpretation of the Community Development Code and the standards that apply to the development at 6600 SW Bonita Road. The following is an interpretation of how the Community Development Code applies to this site and under what circumstances additional retai( use may be permitted. The current use of the site is furniture retail sales with some warehousing and storage of fumiture on site. You have indicated that you wish to continue the existing use of this building but wish ta add 4,000 additional square feet of showroom (sales) space. You did not indicate the existing showroom/sales square footage, however, you indicated that the original approvals permitted 18,075 square feet of sales area and 22,550 square feet of warehousing, office, and storage area. It is assumed that the original square footage's have not changed, therefore, 44.5 percent of the building is used for retail sales and 55.5 percent is used for warehousing/office. The existing zoning for this property is Industrial Park (I-P) which permits retail sales on a maximum of 20 percent of the entire square footage within a development complex. Section 18.68.030.2.0 states: "The following uses, separately or in combination, shall not exceed a total of 20 percent of the entire square footage within the development complex: (I) Convenience sales and personal services; (ii) Children's day care; (iii) Eating and drinking establishments; (iv) Personal services, facilities; and . (v) Retail sales, general." The existing use of 44.5 percent retail is considered pre-existing non-conforming. The code permitting retail sales as a conditional use has changed, as has the zoning under which the sale of furniture at this location was initialiy approved. 13125 SW Hall Blvd., Tigard, OR 97223 (503)6,39-4171 TDD (503)684-2772 D�19q� . � in order to create additional retail space by adding onto the existing building, you would need to show that the additional retail space is less than 20 percent of the entire "complex." The Community Development Code Section 18.132.040.D.2 regarding non- conforming uses states: "If a single structure or a structure and premises contalning a number of lawful uses (except for a single accessory structure) existed as of March 16, 1983, and those uses would not be allowed in the zoning district in which they are located, or which are non-conforming because of inadequate off-street parking, landscaping or other deficiency (under the terms of this chapter or amendment thereto), the lawful uses may be continued so long as they remain othervvise lawful, subject to the following provisions: a. No existing structure devoted to a use not permitted by this title in the zoning district which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally alte�ed except to accommodate a changing of the use of the structure to a use pertnitted in the zone in which it is located. An expansion may occur on the site provided that, the site is not made more non- conforming by the modifications. When the site received initial approval (CU 6-75), phases were shown on the plan which were mentioned in the letter requesting an interpretation. These phases, while shown for a conceptual view of how the site may be developed, were ❑ot a��roved as part of the previous application. The Planning Commission decision states: "ApplicanYs proposal indicates phased development. Expansion of the building or activities conducted on this site in the future will require action of the Tigard Planning Commission at that time." Staff has interpreted that the intent of that statement was that any new construction would have to be reviewed under the procedures in effect at the time a new application was reviewed. This was the case when Phase II was constructed. Because the Conditional Use is no longer applicable for this use in the I-P zoning district, any development that is permitted will require Site Development Review, which is an Administrative Decision. In your letter and in the initial meeting with staff, the possibility of partitioning the lot so that the existing building was on one lot, with the option of constructing a new conforming development complex on the newly created lot was discussed. The Community Development Code does not define °development complex", however, the definition of "complex" is °a structure or group of structures on one Iot of record." The Community Development Department has, therefore, interpreted in this case, that the existing structure is a "development complex." If the existing lot were partitioned so that Mr. Mert Meeker 24-Ju1-97 Page 2 of 3 . the buildi�g were on one lot, anything constructed on the newly created lot wouid need to meet the existing standards for a development complex. In other words, based on the totat square footage constructed on the new lot, a maximum of 20 percent of that square footage could be retail. If you wanted to create 4,000 square feet of retait space on a new lot, you would need to construct a minimum of 20,000 square feet of industriaUofFce space as permitted in the I-P zoning district. In your letter, you mention the fact that the warehouse area has a much greater cubic feet ratio, perhaps in an effort to get staff to calculate the 20 percent retail use by using the cubic feet of the building instead of square feet. However, the code clearly states that the basis for calculating the percentage of permitted retail use is on square feet. If additional square footage can be added within the building so that the overall retail sales square footage does not exceed 20 percent of the overall development, that is certainly an option. I hope that this interpretation helps to clarify what can and cannot occur at the site and assists you in making any further decisions in regard to development at the site. If you wish to move forward with a formal application for either Site Development Review or a Land Partition, you will need to schedule a pre-application conference and pay the required fee of$240.00. Sincerely, jC:.F�/���� l�1�J/Y �%'' `� /James N.P. Hend � Director of Community Development i:lcurpinyulia\schatz.doc c: Dick Bewersdorff, Planning Manager Julia Hajduk, Associate Planner CU 6-75 Microfilm 1997 Planning correspondence file Mr. Mert Meeker 24-Ju1-97 Page 3 of 3