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MMD2010-00015
MMD2O1O - 00015 H & MSTORE City of Tigard, Oregon 13125 SW Hall Blvd. • Tiga. OR 97223 a June 21, 2010 T I:GARD Rick Beason Macerich Company 16497 NE 74th Street Redmond WA 98052 RE: Minor Modification Request, Case File No. MMD2010-00015 Dear Mr. Beason: This letter is in response to your Minor Modification application, received June 4, 2010, requesting a minor modification to develop an 18,817 square foot H&M store at the Washington Square Mall, located at 9585 SW Washington Square Road; WCTM 1512600, Tax Lot 300. The H&M store would be constructed in the location of the former Ruehl space in the original portion of the mall. The proposed store would include the 9,428 square feet of the existing store and add a 7,034 square foot mezzanine and 2,355 square feet of the upper level within the expansion area for storage. Pursuant to Minor Modification 2009-00033, the applicant further requests that the additional trip generation associated with the project (25 PM Peak Daily Tr ps)be deducted from the vested trip bank (50 PM Peak Daily Trips) memorialized by the minor modification. These taps were vested but not used through the SDR2003- 00012 approval when the proposed second floor of the Cheesecake Factory and Food Court were not built. The following analysis shows that the proposed development is a minor modification and is hereby approved. Analysis of Minor Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The minor modification request is for commercial development. Therefore,this criterion does not apply. 2. A change in the ratio or number of different types of dwelling units. The minor modification request is for commercial development. Therefore,this criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The proposed development does include an increase in floor area for the mezzanine by 7,034 square feet. At 3.7 spaces /1,000 square feet for general retail sales use, the proposal would require an additional 26 parking spaces. However, as shown in SDR2003-00012, based on the total Mall area including the Fringe and Square Too properties (1,191,376 square feet), a total of 4,408 parking spaces are required. The site provides 6,803 spaces. Since the site includes sufficient parking in excess of the minimum, the proposed change does not require additional on-site parking. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. This request does not involve a change in the type of commercial structure. Therefore,this criterion does not apply. 5. An increase in the height of the building(s) by more than 20 percent. This request is for internal remodeling and mezzanine construction but does not involve a change in building height. Therefore, this critenon does not apply. Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. _This request does not involve a change in the type and location of accessways or parking areas. Therefore,this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The applicant's June 3, 2009 Memorandum prepared by Kittelson & Associates, Inc (Exhibit F) determines the estimated H&M store trip generation to be 25 PM Peak Hour Trips (Table 2). 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. This request involves an increase in floor area by 7,034 square feet for the proposed mezzanine. However the expansion represents less than one percent of the total Mall area (7,034/975,468 = .007) Therefore, the proposed increase in floor area is considered a minor modification. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. This request does not involve the reduction in open space areas. Therefore, this criterion does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. This request does not involve a reduction in project amenities. Therefore,this criterion does not apply. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. This request does not involve a modification to the conditions imposed at the time of Site Development Review approval for SDR2003-00012). Therefore,this criterion does not apply. As shown in the analysis above,the proposed development is a minor modification to an existing site. ANALYSIS: Consistent with MMD2009-00033, the application includes a debiting memorandum for use of Expansion Area Vested Trips. The applicant's June 3,2009 Memorandum prepared-by Kittelson &Associates, Inc (Exhibit F) determines the estimated H&M store trip generation to be 25 PM Peak Hour Trips (Table 2) and shows the trip debit calculation in (Table 3). It should be noted that the Kittelson Memo includes trips other than covered by the MMD2009-00033. The 50 vested trips authorized by MMD2009-00033 are limited to those trips generated by the Mall En xparon Area and not Square Too and the Fringe as shown in the Kittelson Total Available Entitled Trips- Tip Bank(Table 1). Therefore, the 50-trip trip bank associated with MMD2009-00033 is correspondingly reduced by 25 trips to a net 25 trips (50- 25 =25) remaining available for future use. The development of currently unused or unleased space in the Expansion Area ("Built Areas Plan," Sheet EX-01 depicting the built areas; "Not Leasable Plan," Sheet EX-02 depicting the unused areas or "not leaseable" space) previously approved through SDR2003-00012, may occur without further impact to the surrounding transportation system.No transportation impact analysis is required. However, the City understands that the Transportation Impact Fee (TIF) was not paid by Macerich for any Washington Square Expansion Areas that have not been leased (Kevin Apperson Email dated October 9, 2009). Fees will be required to be paid at the current Transportation Development Tax pm) rate when Vested Trips are allocated to specific development projects at the time of building permit issuance. June 21,2010 2 Minor Modification Request,MMD2010-00015 The Director's designee has determined that the proposed development is a minor modification of the existing site and will continue to promote the general welfare of the City and will not be significantly detrimental or injurious to surrounding properties provided that, development which occurs after this decision complies with all applicable local,state,and federal laws,and the following condition of approval. THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO THE FOLLOWING CONDITION OF APPROVAL: 1. Prior to issuance of any building permits, the applicant shall pay the applicable Transportation Development Tax (TDT) on both the 2,355 square feet of the upper level storage within the Expansion Area (SDR2003-00012) and the proposed 7,034 square foot mezzanine. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. If you have any questions,please feel free to call me at 503-718-2434. Sincerely, Gary Pagenstecher Associate Planner c: MMD2009-00033 Land use file June 21,2010 3 Minor Modification Request,MMD2010-00015 • i 1 1 r f V `,7' — .0 r,..ri ,— VICINITY MAP a -ii F,, f , ,} I • MMD2010-00015 H 1 it 1 _ . : . H&M STORE OPP s _._1 fro it r r ,‘ i rs""Tiltfiltrit: ,,,,t .- 4m. fir *4♦♦♦♦r♦p�♦ i NNII - NII i - ► S I Subject Site � ♦♦♦ .�. gig Nil EN Il• !,/z\ T /(,-,s, ,A 44, -- ii r * ! � y F L��t U UQ4 � [ N 111 �� It r 5 "4 r' •MIN II 1041111 L N "■ •■ � II. . \ k, tt A ...- It+ \ \ : ti . ,___..., Ms lir Well ll+ \1 R Ida 'NN 1 . , — Information on this map Is for general location -' q :{(.I ` L __ only and should be verified with the Development ■ 4 S — Services Division. l 1 Scale 1:8,000-1 in=667 ft i a 11I - } tl1 ,a Map printed at 1 0:34 AM on 21-Jun-10 DATA IS DER NE FROM MULTIPLE SOURCES THE CITY OF TIGARD MAKES NO WARRANTY.RE PRESEN OR GUARANTEE AS TO THE CONTENT,ACCURACY,TIMELINESS OR OR COMPLETENESS OF ANY OF THE : _ DATA PROVIDED HEREIN THE CITY OFTIGARD SHALL ASSUME NO IN i5'' ' LiASIIN INFORMATION PROVIDED ORESGARDLESS OF HOW CAAUSED THE- - ;�: D City of I Igard 13125 SW Hall Blvd Pr Feet - :, _ -.— 11H !r_r / TIGAR MOPS Tigard OR 97223 C 1000 - ftg:a� rl 503639-4171 7 TV www tigardor gov • EXISTING ADDED I SQUARE SQUARE " M ` ACERICH • FOOTAGE I FOOTAGE - WASHINGTON • u 0 � ° SQUARE COMMON AREA ' 111=11111=1 V ....._..v_�. .........�:' .. —.._ sass. -_�_.m.._._._..___.....__.._..-sass_... _, ...........: sass.... __._.., ... .. _., i— ...1_1_ sass sass_._._._.....__.._. .._..._..., .__ • " LfL - - \ \ ...u, , !...• SHOWN BELOW HS 0 opENN66E• SPACE: I .V20 1 S.F.: 18,1317 �— L LEASE E 0 I r • ., DATE:05-21-10 ' 1 I SCALE:AS LISTED H08 `---a N07 4281 S.F. H10 (11- —I— [ — H—H .. - MEZZANINE S LE L i }9—k, . 7034 .F 1 . • I 5 ''F KEY PLAN' •r:••""'" rr 8 NORTH are are ._,. .:...k..,' c r.n .:., STRUCTURAL r ✓_,,,, PROPOSED ELEMENT- • EXISTING ST CTlWAL SPACE %BRACING STAIRSIELEVAT• i �_ WALL !f 1i ' NOTE:R.au.•....Mam..NN a da•.•..M n.tr.n......II..WV I YY :Y.AA. _.L.__,..,... id.VO.n«o...•n.uyy.sue dW: Ti. • • • P .m.vbn.W • _-._sass._ -.._._—.___ __.._._ �: .. —*� .„ PROPOSED odw d.rax ��� 1 ' W20 EXPANDED DED t t °"'•""lir �.... i AREA 1 EXISTING ., a m�a,.".�: 1 Sizes .r i E.Uj. ..__.... 2355 S.F. s� I wM,u1NENGE IW endea:,'.no,"�:,.w........'o7T Z? -may ! 1 LEASE _STRUCTURAL �RCE 1 STAMSIELEVATOi t Tenant s expanse Wean • • • V . LINE rvXLE BRACING N 1 I a p•weyere pre space ea :•saes,eras N.•doors soda ae.a11 'a49.M De.7nvYnMNJd 'IL 'IL da.M M unv. Kld .Ha•.PN to Inelrip twns And c&011..L.ex.g and G.mm M.nparnrenl . • • ♦., mar m_N.••.11 P.•.w&S.�een. • S.......7........ __..i ;::..:.:..,.--.,.._ .:,.::. .�.... ... we .a....•.annoy blpnan.... baeM.M.. ..Inc Ten.mutt R•b w!I Naar..and a ni'a.. 1st FLOOR-EXISTING 2nd FLOOR& SCALE: 1"=50' MEZZANINE FIRST LEVEL= 9428 SF SCALE: 1"=35' SECOND LEVEL= 2355 SF MEZZANINE=7034 SF TOTAL= 18,817 SF Or..rrbyJA T.C:'PA J FINAL APPROVAL CITY OF Y1GGA140 PLANNINCA WV1UOI 1 I ,..,/...(2,v-3. t /A i/in MAILING / NOTIFICATION RECORDS AFFIDAVIT OF MAILING - I, Patricia L. Lunsford, being first dulyswom/affirm, on oath depose and saythat I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: [Cl—k n sox(s) Below) D NOTICE OF DEGSION FOR MMD2010- 00015 /H&M STORE (Re No. /Name Reference) AMENDEDNOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A" , and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit " B", and by reference made a part hereof, on June 21, 2010, and deposited in the nI tates Mail on June 21, 2010 postage prepaid. (Perso pa e) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the r 1 day of '�"` , 2010. SHIRLEY L TREAT PUBLIC - OREGON OMMISSION NO. 416777 !t:NOTARY ON EXPIRES APRIL 25 201 NOTARY PUB C OF OREGON My Commission Expires: q �I t l Rick Beason MMD2010 -00015 Macerich Company H &M STORE 16497 NE 74` Street Redmond, WA 98052 PPR Washington Square LLC EX I B IT \D- By Thompson Property Tax Services 2235 Faraday Avenue, Suite # O Carlsbad, CA 92008 i I 151260000300 PPR WASHINGTON SQUARE LLC BY 225 FARADAY PROPERTY TAX SERVUCES fq/W-D2235 FARADAY A STE #O CARLSBAD, CA 92020 08 / Patty Lunsford From: Dianna Howse Sent: Thursday, July 15, 2010 8:14 AM To: Gary Pagenstecher Cc: Shirley Treat; Kristie Peerman; Patty Lunsford Subject: MMD2010 -00015 H & M Store at Washington Square Hi Gary, I am working on building permits for this project and I noticed that the MMD case was created at the wrong address. It has the management office address of 9585 SW Washington Square Rd. The correct address is 952 SW Washington Square Rd for the H & M Store. Please correct the site address in your land use files and the MMase in Accela. Thank you. Dianna Howse Building Division Services Supervisor City of Tigard 503.718.2430 i = -w,„ '. l o received by City of Tigard employees are subject to public record laws. If requested, e -rnail by tie oisclu J )n ar party unless exempt From disclosure under Oregon Public Records Law. E -mails are retained by the - ly ()i T . ,o ripl ance with the Oregon Administrative Rules "City General Records Retention Schedule." 1 APPLICANT MATERIALS RECEIVED City of Tigard JUN 0 4 2010 Department of Community Development CITY OP TIGARD R LA NNIN -2, - NGINEERING Minor Modification (Site Development Review) Application For: H & M @ Washington Square Mall June 2010 ,v Owner /Applicant: Macerich Company 16495 NE 74` Street Redmond, WA 98052 The Macerich Company Phone: (425) 869 -2640 Fax: (425) 867 -1577 Contact: Rick Beason Applicant's Agent: WHPacific, Inc. ,� 9755 SW Barnes Road, Suite 300 'WHPacific Portland, OR 97225 Phone: (503) 626 -0455 Fax: (503) 526 -0775 Contact: Brady Berry • I Table of Contents 1. Introduction A. City of Tigard Planning Division Land Use Permit Application Form B. Development Team Members C. Project Description D. Land Use Reviews Requested E. Application Fee Calculation 2. Applicable City of Tigard Development Code Standards Chapter 18.360 Site Development Review (18.360.050 and 18.360.060 Only) 3. Drawings EX -01 Vicinity Map /Context Plan Exhibit EX -02 Site Plan Exhibit EX -03 Mall Exhibit EX -04 Proposed H08 Space Exhibit J 4. Appendices Appendix A Zoning Districts and Comprehensive Plan Designations Map Appendix B Tax Map Appendix C Title Transfer Instrument /Deed Appendix D Trip Generation Analysis & Trip Bank Memorandum Appendix E Staff Report - MMD 2209 -00033 Appendix F Trip Debiting Memorandum "Washington Square Mall - H &M" June 2010 Site Design Review (Minor Modification) Application — Table of Contents P:�Macerich Compony�000000�H &M�Minor Modification � Table of contents (Washington Square).doc SECTION 1 � 1. Introduction A. City of Tigard Planning Division Land Use Permit Application Form B. Development Team Members C. Project Description D. Land Use Review Requested E. Application Fee Calculation i A. City of Tigard Planning Division Land Use Permit Application Form The required City of Tigard Planning Division Minor Modification Application Form is provided on the following page. In addition to this form, the application provides findings of fact for applicable criteria, exhibits and technical data which fulfill the applicable criteria of the Tigard Development Code. The contents of this application have been compiled by the project team, which consists of experts in the fields of land use planning and traffic engineering. Refer to Section B for Development Team Members. i i "Washington Square Mall - H &M" June 2010 Minor Modification (Site Development Review) Application - Introduction P: IMocerichCompanylD00000lHW Minor Modification JApplicationIntroduction (WashingtonSquare).doc City Of Tigard Mi nor Modific — Type I Ap YI' pp GENERAL INFORMATION In addition; the Director must find that the proposed change is in compliance with all applicable requirements of Property Address /Loeation(s): Washington Square 1 "A a -1:l- Title 18 of the Tigard Development Code. To complete l °TaGI to �� ` I ` °a � this review, the Applicant's proposal must include a Tax Map & Tax Lot #(s): Z S RIW Section 26 discussion indicating how the site expansion /change will TL 300 continue to comply with the maximum setback, building Site Size: 46.24 AC height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste Applicant*: 1'�aeeric ??. Company requirements non - conforming situations, signs, and tree Address: 16495 NE 74th ,� - tree t removal may also be applicable depending on the type and City /State: R dmond„ 1 HA Zip: 98052 location of the proposed modifications. Primary Contact: Rick Beason Phone: 425• - 869 - 7640 Fax: 425- -867 -1577 E -Mail: rick.beat3cr1 @macerich.com Property Owner /Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) (Applications will not be accepted without the following required submittal elements) Address: Phone: • City /State: Zip: ® Application Form ® Owner's Signature /Written Authorization * When the owner and the applicant are different people, the Title Transfer Instrument or Deed applicant' must be the purchaser of record or a lessee in Site Plan (4 Large Plans & One - Reduced to 8'/2' x 11') possession with written authorization from the owner or an Applicant's Statement /Narrative (4 copies) agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a Filing Fee $579.00 written authorization with this application. Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first 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 M p .2010 - 000 (.s modification exceeds the maximum allowed under any one or Case No.(s): 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. Receipt No.: it Y 203 Applicant's Statement: Date: / The applicant's statement must include a summary of the C Application Accepted B proposed changes. Criteria in either 18.360.050(B) or 7 /J 18.330.020(B)(2) must be addressed with a detailed response Date Determined Comp to each criterion. Failure to provide the information needed Revised: 16-Oct -09 • to process the application would be reason to consider an i: use a lications \minor modification a ..docx application incomplete and delay review of the proposal. City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503 - 639 -4171 1 S www.tigard- or.gov I Page 1 of 2 o 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. (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 army deed restrictions that may be attached to or imposed up the subject ro e ♦ 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 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. • SIGNATURES of each owner of the subject property. DATED this �l day of Own is ign ture Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature • City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 503- 639 -4171 1 www.tigard- or.gov Page 2 of 2 CITY OF TIGARD RECEIPT 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 Receipt Number: 178224 - 06/08/2010 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2010 -00015 Minor Modification to an Approved Plan 1003100 -43116 $504.00 MMD2010 -00015 Minor Modification to an Approved Plan - 1003100 -43117 $75.00 LRP Total: $579.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Credit Card 046541 046541 KPEERMAN 06/08/2010 $579.00 Payor: Tomomi Marzan Total Payments: $579.00 Balance Due: $0.00 Page 1 of 1 B. Development Team Members: Owner Macerich Company Contact: Rick Beason 16495 NE 74` Street Redmond, WA 98052 Phone: (425) 869 -2640 Email: rick.beason @macerich.com Land Use Planning WHPacific Contact: Kevin Apperson 9755 SW Barnes Road, Suite 300 Portland, OR 97225 Phone: (503) 626 -0455 Email: kapperson @whpacific.com Traffic Engineering Kittleson & Associates Contact: Chris Tiesler 610 SW Alder Street, Suite 700 Portland, OR 97205 Phone: (503) 228 -5230 Email: ctiesler @kittelson.com C. Applicants Statement The applicant is requesting the approval a minor modification (of site development review) to develop a 18,817 square foot H &M store at the Washington Square Mall. The H & M store would be constructed in the location of the former Ruehl space in the original portion of the mall. The proposed store would also add a mezzanine /second level and will also use some of the upper level within the expansion area for storage. The new H & M store will consist of 9,428 square feet of ground floor space (existing), 7,034 square feet of mezzanine space (new) and 2,355 square feet of storage in the new expansion area of the mall (new). All totaled, there will be 9,389 new square feet. "Washington Square Mall - H &M" June 2010 Minor Modification (Site Development Review) Application - Introduction P: �Macerich Company � 000000� H& M�Minor Modification�Application Introduction (Washington Square).doc D. Land Use Reviews Requested The City of Tigard identifies various public review procedures based upon the type of land use action being requested. Below is the requested review and approval procedure. Minor Modification (Site Development Review) Type I Process E. Filing Fee: Based on the City of Tigard Land Use Application Fee Schedule (2009 - 2010), the following fees are required to review the proposed site development review. These are outlined below. Requested Review /Approval Fee Minor Modification (Site Development Review) $579 Total $ 579 "Washington Square Mall - H &M" June 2010 Minor Modification (Site Development Review) Application - Introduction P:�Macerich Company � 000000� H& M�Minor Modification�Application Introduction (Washington Square).doc SECTION 2 2 Applicable City of Tigard Community Development Code Standards The following narrative is intended to meet the code criteria requirements for the site development review — minor modification application. Code narrative contained in this section includes: Chapter 18 Land Uses Chapter 18.360 Site Development Review (18.360.050 and 18.360.060 Only) P:�Macerich Company � 000000� H& M �Minor Modification � In tro Pages (section 2, 3 & 4) (Washington Square).doc 2. Applicable City of Tigard Community Developme Code Standards The following information responds to Tigard Community Development Code requirements. Responses to individual sections are highlighted in bold for each applicable development standard criterion. Chapter 18 3fl Site Dee�pm+en Review 18.360.050 Major Modification(s) to Approved Plans or Existing Development A. Determination request. An applicant may request approval of a modification to an approved plan or existing development by: 1. Providing the Director with three copies of the proposed modified site development plan; and Applicants Response: Based on the previous minor modification (i.e. case file MMD2009 -0033) approval, any subsequent reviews in connection with the debiting of trips will be processed as a minor modification. Therefore, this criterion is not applicable to this application. In accordance with Section 18.360.060, Minor Modification, three copies of the site development plan have been included as part of this application submittal. 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in subsection B below. Applicants Response: Again, the proposed modification is not considered a "major modification ". Therefore, this criterion is not applicable to this application. For narrative on the proposed changes, refer to Section 18.360.060, Minor Modification. B. Evaluation criteria. The Director shall determine that a major modification(s) will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; "Washington Square Mall - H &M" June 2010 Minor Modification (Site Development Review) Application — Applicable Code Standards P: �Mocerich Company k000000�H& MkMinor Modification I Code Responses (Washington Square).doc Applicants Response The proposed minor modification does not include any residential development. As a result, there is no increase in dwelling unit density or lot coverage. Therefore, this criterion is not applicable to this application. 2. A change in the ratio or number of different types of dwelling units; Applicants Response: As previously mentioned, the proposed minor modification does not include any residential development. As a result, there would be no change in the ratio or number of different types of dwelling units. Therefore, this criterion is not applicable to this application. 3. A change that requires additional on -site parking in accordance with Chapter 18.765; Applicants Response: The proposed development of the former Ruehl space (i.e. H08) does not require any additional parking. Parking requirements for this space have already approved as part of the original development and the expansion application (SDR2003- 0012). Therefore, this criterion is not applicable to this application. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; Applicants Response: There is no change in the type of commercial structures being proposed within the Washington Square Mall Development. Therefore, this criterion is not applicable to this application. 5. An increase in the height of the building(s) by more than 20 %; Applicants Response: The proposed development will not affect the existing height of the Washington Square Mall building. The entire development will be contained within the existing space already constructed. Therefore, this criterion is not applicable to this application. 6. A change in the type and location of access ways and parking areas where off -site traffic would be affected; Applicants Response: There would be no changes in the type and location of access ways and parking areas. Therefore, this criterion is not applicable to this application. "Washington Square Mall - H &M" June 2010 Minor Modification (Site Development Review) Application — Applicable Code Standards P: jMacerich Company � 000000� H& M �Minor Modification � Code Responses (Washington Squore).doc 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; Applicants Response: Vehicle trips associated with the proposed development has already vested as part of the site development review application (SDR2003- 0012). Because this space is being redevelopment, there would not be an increase in vehicular traffic to and from the site or an increase that would exceed 100 vehicles per day. This was memorialized in the Minor Modification approval (i.e. case file MMD2009- 0033). Therefore, this criterion is not applicable to this application. Also, refer to Section 4 —Appendices, Exhibit F — Trip Debiting Memorandum. Therefore, this criterion is not applicable to this application. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; Applicants Response: The proposed development will not result increase in the floor area proposed for a nonresidential use by more than 10°x6. The current floor non - residential floor area was approved as part of the site development review application (SDR2003- 0012). Therefore, this criterion is not applicable to this application. 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 %; Applicants Response: The proposed development will not result in a reduction in the area reserved for common open space and /or usable open space. Therefore, this criterion is not applicable to this application. 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; and /or C. Landscaping provisions. Applicants Response: Again, the proposed development will not result in a reduction of project amenities (e.g. recreational facilities, screening or landscaping) below the "Washington Square Mall - H &M" June 2010 Minor Modification (Site Development Review) Application — Applicable Code Standards P:lMocerich Company �000000� H& M �Minor Modification � Code Responses (Washington Square).doc minimum standards or by more than 10 %. Therefore, this criterion is not applicable to this application. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B1 through 10 above of this subsection. Applicants Response: There are no proposed modifications to the conditions of approval. In accordance with the condition of approval the previous minor modification (case file for MMD2009 -0033) a trip debiting memorandum has been submitted with this application. Refer to Section 4 — Appendices, Exhibit F — Trip Debiting Memorandum. Therefore, this criterion is not applicable to this application. C. When the determination is made. Upon determining that the proposed modification to the site development plan is a major modification, the applicant shall submit a new application in accordance with Sections 18.360.030 and 18.360.070 for site development review prior to any issuance of building permits. Applicants Response: The proposed modification is not considered a major modification. Therefore, this criterion is not applicable to this application. 18.360.060 Minor Modification(s) to Approved Plans or Existing Development A. Minor modification defined. Any modification which is not within the description of a major modification as provided in Section 18.360.050 shall be considered a minor modification. Applicants Response: As previously mentioned, based on the previous minor modification (i.e. case file MMD2009 -0033) approval, any subsequent reviews in connection with the debiting of trips will be processed as a minor modification. Based on this condition of approval, the applicant's request will need to meet the requirements of a minor modification. This criterion has been satisfied. B. Process. An applicant may request approval of a minor modification in accordance with Section 18.360.030B and as follows: 1. Providing the Director with three copies of the proposed modified site development plan; and Applicants Response: Again, any subsequent reviews in connection with the debiting of trips will be processed as a minor modification. The intent of the minor modification is to obtain approval for the development of a new H &M store. "Washington Square Mall - H &M" June 2010 Minor Modification (Site Development Review) Application — Applicable Code Standards P:�Macerich Company�000000kH &M�Minor Modification �Code Responses (Washington Square).doc In accordance with this section, three copies of the proposed modified site development plan have been included in the application materials. This criterion has been satisfied. 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in Section 18.360.050B. Applicants Response: A minor modification is being requested to allow for the development of an H &M store within Washington Square Mall. Narrative addressing the changes identified as part of the development have been discussed in the previous sections. This criterion has been satisfied. It is also important to note that a Trip Debiting Memorandum has been prepared by Kittleson & Associates, Inc. that outlines the unused trip entitlements. C. Approval criteria. A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that: 1. The proposed development is in compliance with all applicable requirements of this title; and Applicants Response: The proposed modification is in compliance with all applicable requirements of this title. This criterion has been satisfied. 2. The modification is not a major modification. Applicants Response: The proposed modification is not a major modification. Refer to applicants narrative responses to Section 18.360.060. This criterion has been satisfied. "Washington Square Mall - H &M" June 2010 Minor Modification (Site Development Review) Application — Applicable Code Standards P:�Macerich CompanyJ000000�H &M�Minor Modification�Code Responses (Washington Square).doc SECTION 3 3 Exhibit Drawings The following exhibit drawing is intended to meet the plan and graphic requirements for the site development review — minor modification application. The exhibit drawing contained in this section includes: Site Drawings EX -01 Vicinity Map /Context Plan Exhibit EX -02 Site Plan Exhibit EX -03 Mall Exhibit EX -04 Proposed H08 Space Exhibit P: �Mocerich Company�000000kH &MjMinor Modification �In tro Pages (section 2, 3 & 4) (Washington Squore).doc � r =as ..... ............................... � U 1 -- ,, i ��� TE Lj i _ 9,42 E '°" ::• •.tur.r 118' i. e.� MU r�rw►r. ! ............................. . .. AREA P (1 c .. . 9NMIItlAt.p111N41MC� ... ................ 7 T / ..................... AREA (18 B32 SF) — AREA R ,882 S ...... ................ .... ....... ............1.. rya^ ■■ t . .. .:.......... G T (32,014 SF) ___ , AREAS (18,081 SF) . Sim \•.:b1Ci ::•::::.:.::.... i 100 AREA FIRST • 7,034 SF I z 2,355 SF ; to to (12.987 a_a y AREAV(1,731 SF) AREA x (14,n1 SF) - - -- W(11, I wuNC LM L_ - m ! >x 3� _ ........................... ��EX-01 I i W R p NOT A PART ( { Mall Address: I s ( r }t WASHINGTON SQUARE xa 3 '','yf.?tlter� I k 1 f 9585 S.W. Washington Square Portland, OR 97223 t^T' Phone: (503) 639 -8860 ax: (so3> s F 20 -5612 fr77 z e: 1) T F F c R G R 0 For Leasing D Information Contact: /,,._ M Alesha Shemwell RETAIL RETAIL Ro�aoc y' ,sr „ ./✓ KAstl Hartley ' r € BUILDING SOLOING nZ` Specialty r €- c • _. ar 2 ear Z o nasE ;�,•.�' y `"`^°• Manager rich A 99F r -ti z" s 2 s aes and WA 98052 021 7 0 n i '�T'1'T7't"3T7'ri rr71 7y 77?"'.7`r� ;• 5 J i �� f t, i L z j ! ��` h '+ : Phone: (425) 869 -2640 tinlxtil1 °�i1�T3?Y �� NOT A PART Fax: (425) 867-1577 £ } �� K £ sera BF '� ,'tr;"st°tAf {�.p.�Ld,,,;.ttCfP - �r i ,� NOT A PART JCPENNEY 210,585 BE i" J v. -� :.. ,^� .,: ''t Q t H �a ~, � i >�i��La'1*�t'e��� ax } .Y:C�x I aatty'^C"'�iRaa3tU rc�� � t`fr i s �� 1 - xiiYlrytt x1, ^,.tiyt,. �• ,.. „[ flfi��31' t ! (( ��//f r, x P3 : 1 k d�ft'.t 'u��ltrfrtiJ /�11J .9 S i Ci mx txLLG.• Yr' ° "m ' 'ktaYh'c� ° °4� tt 1 �f pia ti ti ut1 °tii`j iz�>;zxz I Jl d6 f< I lff0 Off r i. s Z "�axxkixi ttttt DICK'S \ �' I �../[ ttt trxr[rstrrr j SPORTING ✓ ,,. - S 1? T;' q' 91Fri?REFts!?IT3ztt33RfxiT37ttfnif7 - 7ii, f co itY - ?>r,, r7� 'S:� GOODS ' 99.1595E L 4 k " Sae CA Aasae f P">I"''SSTi; r7 t .. ! .ii 1 •Y' -`erg °f iiL °' 1RRrc t ° t t «&a! ; tt 4 J 7 7f*' #7fT7? .may ( i j yy� Eat`<°t Y.� °'R' f 4 g _� IfJJ ¢t y f ,c�� Note: SEAM 1 £p13(j.7 TMs is a chal,aft i I G'S t s' ° l° e genera ,ten R J 311.907 SF / InterMeU to ahoy: the I a "� •fi`��psf 001 (. t or taer n ^B m to "n MA the reof en Tms oPW pas Is la, to scales. 343.505 505 B E SF IU yv r!' 5� 1� LAST 02-08- BY: JA £ur.k -.. x Z. 7 7 _ •,rt Ja, " N01 #• �e•:I rrfut ; k NO M" 4 F2EA OF (� aa.�sF i { �� f �VACERICH 11���ANALYS�S ". //' visit our web site at ":, �,:,, =•, a!,L!tcu r.t.�i�tiJ;.c TTs' �:�"3` r^"�s �.. �7 "'.' [ � E I • E: W 11'* www.macerich.com H ._ _.. SPACE H08 \NW i l� ;. Y .._. # p f11G Es r i1f� TON CIGAR S.W. SCHOLLS FERRY ROAD 2 a BFP SITE PLAN JUN 0 CITY , OF�PGARD i r ® FOOD COURT STORES F M RUBY l ve s 001 F CO2 AVAIUSLE "I IF JCPenney F RUBYTNAI W SF FC SUBWAY 860 SF ' ^�'" 08 SBARRO 1018 SF � 210,585 SF _7 PANDA EXPRESS 9135F 1 y FCAe GY0.0 EXPRESS 392 SF roa A r FCOB BOMBAY EXPRESS 539 SF ,�y}, FC10 AVAIUSLE 513 SF TAk r�rv+ o a •F a .w o`n;c # Mall Address: r... WASHINGTON SQUARE r� ®° � 9565 S.W. Washington Square Portland, OR 97223 Phone: (503) 639 -8860 ac, rom a$ Fax; (503) 620 -5612 I s RI P01 A For Leasing DICK Information Contact: SPORTING d ,ea: Alesha B art l ey l Krlatl Hartle GOODS Specialty Leasing Manager Macerlch 7525 166th Ave. NE, Ste. D210 90,000 SF Redmond, WA 98052 <� a � cc° .,wr� Phone: (425) 869 -2640 • r;c'"€ T � I ;� { ' Fax: (425) 667 -1577 ,,,6F _ _. _ a• R , x , Is @ h t i»e ag 32 $ m A s se a a e w� se w 001 7 5 N MACY'S A»r. e . 3D D a. I se 242,505 SF= oxep g� _ mx. We TIV - w _ _ {� r � +�-• a it »u� »s Net.: �$ a°N - L 3 € _ Tnla b a achemenc pan «1y 4 € d p ~ S Intended Io ahm the I Ie I 55 genera you - S - of This center or pert the This pl plan is net to ire see so. f, ID N01 usrunDAreo:D3 -to a NORDSTROM 180,000 SF —AREA OF x g ,. g= ANALYSIS ' ', SPACE H08 o a AF `$ r FIRST LEVEL LEASE PLAN �,a NORTH {/+r" EXISTING ADDED SQUARE SQUARE l" MACERICH FOOTAGE I FOOTAGE WASHINGTON ,a SQUARE COMMON ARFA Z7 h IRST LEVEL H &M S I OP�Nf 68E W I SHOWN BELOW ` I 1 LEASE 3 { ,. r_ SPA 8 ,8 8 17 LINE i } i I I _ DATE: 05 -21 -10 SCALE: AS LISTED — I -' — I - - r — � H 8 942�. MEZZANINE - - - LE L _ 7034.F _ • — — — I $ KEY PLAN 18 L BY NORTH STRUCTURAL I PROPOSED ELEMENT- / EXISTING ST cTURU SPACE X BRACING STAIRSIELEVAT J — WALL fl II NOTE: ReRtleae mw..m u,"+v ena I uu uw • • ' I • • • Y. : M1W Jaleminetlon4Ey WwN }Xhipukee - -: IM1a11M1a IauiN. mbxb, WiYert a f - W20 EXPANDED —` ti �' _ m x AREA EXISTING - - .. r _. Yi Nzx W"wlor mnseW.s W000ve1 2355 S.F. MAINTAINENCE ebnpnls, WrJrbinm p4n0YpbuWu LEASE STRUCTURAL OFFICE STAIRSIELEVATORJ / LINE ELEMENT - aiW Oe eons el TerenM1 avp.nss. WMn X BRACING ,^� � R�TITR1TffTtT •.• .. ..> . . s a cemgery olNma Tenvie BpacB. lf0016 MMWaMnourMn QWIA Sutli Ceara f• � 60 � �� � �gMarnoYe ONectw xbalbn. PCnbbiWklg bmw entl cwtlYbns, L—V aM C~ Maiuge"ie t tk,: mul taeeNe. -Vw ✓tpWsNacoeaz. Se —wpty eYWId mMWI, xver,.Mer, vtl emplY"t"tp iv=it w s w � � brateC �M�N be bw Me. T 1bB vxtly el CLnenelons eM mneMbns 1st FLOOR - EXISTING 2nd FLOOR & SCALE: 1"= 50' MEZZANINE FIRST LEVEL = 9428 SF SCALE: 1 "= 35' SECOND LEVEL = 2355 SF MEZZANINE = 7034 SF a%1C -04 TOTAL= 18,817 SF o nwa Ey: eA C: N SECTION 4 4 Appendices The following appendices provide background documentation and technical data that support the application approvals. These include following: Appendices Appendix A Zoning Districts and Comprehensive Plan Designations Map Appendix B Tax Map Appendix C Title Transfer Instrument /Deed Appendix D Trip Generation Analysis & Trip Bank Memorandum Appendix E Staff Report - MMD 2209 -00033 Appendix F Trip Debiting Memorandum P: �Macerich Company`000000\H &M�Minor Modificotion�lntro Pages (section 2, 3 & 4) (Washington Square).doc APPENDIXA '� � 1 li• 5 ; - � r � a l b �e�� �■'q� .�2 �.- 1 � l i l .: ■ I + `. §�% _ � 1 •,�,� � r 1�1 >tlll � IIJ li �'+ el 1 n ■ S _ I 1 ���i r`.�u °� f 2 , �a .��� • c, ' �� {�_ " � I ..0 .� m 1 e ' ' i i `7}�rt ¢ � - 1 = fi ie .: I' - ��. �f' -. • .1 �■ :EI !cy� m s 1 3..� �',af;� 1 •• e _ _ EWaC x - i� ?,�,'I�..Yix" • � �� R �7Y • I� � w - M a ..t�l,��'w I� �� � C`I lli �E... :::��CI-I • / MY f / : �L �'� , �' ,• ' : T. gP'111�a.11l I�1.E L:• 11; a a ,;' , f t 3d � 11� 5 c e: 7 -0IF. tii: °.' �� a,ll� ■IR ■1 li . i� 4 , r , ' '1 IIIII " �'•��r -� t � �t' i : ai l q = _�3333r I F. x'x 3 4, 5n' F • �: , °f8 -�l.�� 1 � 1.: 1 Ail. 1 E �t� �;� e� • 5iwhc •� • 3 4.2 ' it •rA:3 �,,, , • E .1 r' .' , 5 nil v 1 ■■ - 1 ei0 ' n �,rl[(�d � _ ! 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APPENDIX B J ■ ■w =�= �1 r ■ ODNVZA PIP En inw, MO , �III�111'111► = �1��' +�E �i■�� ��t ;yt� � , -� r ,4 on ;��'�C'�:� -: ►� �r _�.��.►. m � Wo lit Via IIIUI �17a1111111 �� ���� 11.E -�� Ron IiIIIII ■ • � . eR i s ° eat � !y j� �s � ���� � � 1® . . 7� ,� �_. l �� I�■ �11��1� �1� �! ....:. .: ::.: •. d � � APPENDIX C `` / nLVOn«w ucU+rnnr TRANS�IATI u f f ON LE INSURANCE COMPANY • 1515 SW 5th Avenue Suite 850 Portland, OR 97201 Ph: (503)223 -5910 Fx: (503)553 -5679 LandAmerica NICS Attn: Sean Cruz 888 West 6th St, Fourth Floor Los Angeles, CA 90017 Date Prepared: August 22, 2003 PRELIMINARY TITLE REPORT FOR BSUJ ING TITLE QHSURANCE ORDER NO : 1231514w PARTY REFERENCE : NCS 03-006154 - PROPERTY ADDRESS: • OTHER REFERENCE : Washington Square TRANSNATION TITLE INSURANCE COMPANY is prepared to issue title insurance as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the persons to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel, amend, or supplement this report for any reason. Thank you for placing the order with us. If you need assistance with this report, please contact: Kenneth F. Mayer, V.P. & Sr. Legal Counsel, 503 - 553 -5662 i PRELIMINARY TITLE REPORT DATED August 22, 2003 ORDER NO. 1231514w SCHEDULE A, Page No. 1 1. The effective date of this preliminary title report is 5:00 P.M. on August 8, 2003 2. The Policy or Policies to be issued: Policy /Endorsement Description Charge ALTA Extended Owner's for (to come) $ Local Govt. Lien Search 475.00 • 3. Title to the land described herein is vested in: PPR WASHINGTON SQUARE LLC, a Delaware limited liability company 4. The land referred to in this report is described as follows: As fully set forth on Exhibit "A" attached hereto and by this reference incorporated herein. Order No. 123151 4w EXHIBIT "A" Legal Descriptio n PARCEL 1: (T_A TRACT) That tract of land situated in Sections 26 and 35,. Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: Beginning at the intersection of the Easterly line of that tract of land conveyed to D.W. Creasy by Deed recorded. November 5, 1965, in Book 576, Page 195, Records of Washington County, Oregon, with the Southwesterly line of Hall Road (State Highway Number 217).; thence along said Southwesterly line South 64 East 73.30 feet; thence South 1 0 03'00 06 West 331°79 feet; thence South 88 °57 °00 East 177.00 feet; thence South 01 West 532.68 feet, thence South 88 1 55 8 05 01 East 233.55 feet to a point of curvatures thence 48°18 feet along the arc of a 45.96 foot radius curve to the left through a central angle of 60 °03'50P (the long chord of which bears North 61 °03'00 East 46.00 feet) to a. point of compound curvature; thence 11.93 feet along the arc of a 146.77 foot radius curve to the left through a central angle of 04'39 (the long chord of which bears North 28 °41'23 East 11.93 feet) to the Westerly line of SW Greenburg Road; thence tracing said Westerly line South 11 °22 Vest 8.31 feet; thence South 11 0 11 8 38 04 West 134.21 feet; thence South 11 West 12.90 feet, thence South 02 0 53 1 18 01 East 26.12 feet; thence South 14 °51 West. 250.25 feet; thence South 32 °36'03" West 26.12 feet; thence South 14 °51 1 23 11 Nest 82.08 feet to the non - tangent intersection with a 66.00 foot radius curve to the left (the radial center bears South 41 °49'52 West); thence leaving said Westerly line of SW Green-burg Road; thence Northwesterly tracing the arc of said 66.00 foot radius curare to the left 46.00 feet through a central angle of 39 °55 °57 ( the long chord of which bears North 68 °08'06 West 45.07 feet) to a point of tangency; thence North. 88 1 06'05 08 West 685.06 feet to the beginning of a tangent 400°00 foot radius curve to the left; thence Southwesterly along the arc of said curve 640.17 feet through a central angle of 91 °41'52 (the long chord of which bears South 46 °02'59 West 574.00 feet)' to a point of tangency; thence South 0 1 12'03 11 West 258.78 feet; thence South 89 1 40'00 41 West 630.75 feet; thence South 0 °20'00°' East 784.34 feet to a point on the Northeasterly right -of -way line of the Oregon State Highway (Beaverton- Tigard Freeway),; thence along said right -of -way line as follows: North 45 °10 West 5.07 feet; North 37 West 164.80 feet; North 24 Vilest 387.35 feet; North. 12 0 55 1 20 1 ' West 298.00 feet; North 7 0 49 8 50 68 West 303.41 feet; North 11 0 21'59 1 ' West 29.8.42 feet; North 2 0 22 8 32 10 West 250.25 feet; forth 8 Fast 172.44 feet; thence leaving said Northeasterly right -of -way line of the Oregon State Highway North 89 East 394.11 feet; thence North 00 0 49'14 0 " East 5.00 feet; thence North 89 0 40 8 00 11 East 64.97 feet; thence North 00 0 20'00 11 West 0.42 feet.; i thence North 89 °40'00" East 123.00 feet; thence North 00 °20 West (Continued) 0 rder No. 1231514vv Exhibit - Exhibit "A Page Description 43°58 feet; thence North 89 °40'00" East 68.00 feet; thence South 00 °20'00 " East 3.58 feet; thence North 89 °40'00 East 107°00 feet; thence North 00 °20'00F West 190058 feet; thence North 89 °40'00 "" 70°00 feet; thence North 00 0 20'02 " West 100000 feet; thence North 89 " East 123.40 feet; thence North 00 °20'00 West 369.28 feet; thence South 87 °2825 East 850.15 feet; thence North 01 1 03 1 00 " East 333°37 feet to the point of beginning (ACCESS ROAD NO. 6) TOGETHER WITH a, strip of land over a portion of OA- KBURG> a duly recorded plat in said Washington County and a portion of said Sections 26 and 35, described as follows: Commencing at a point on the Northerly prolongation of the Westerly line of Lot 25, OAKBURG, a duly recorded plat in said county, distant thereon North 0°18'12 East 25000 feet from the Northwest corner of said lot; thence North 89 0 41'48°" Vest 37°28 feet; thence North 00 °20'00 " West 340083 feet to the true point of beginning; thence continuing North 00 °20'00 " West 62.02 feet; thence North 00 0 12 1 03 11 East 35.94 feet to the non.- tangent intersection ;pith a 40°00 foot radius curve to the left (the radial center bears South 89 East); thence: tracing the arc of said 40.00 foot radius curve to the • left 62075 feet through a central angle of 89 ° 53'17 " (the long chord of which bears South 44 ° 44'.36 61 East 56.51 feet) to a point of tangency; thence along a line that is parallel With and distant Southerly 4000 feet, measured at right angles from the North line of said Section 35, South 89 1 42'14 " East 858.26 feet to the We line of SW Greenburg Road; thence tracing said Westerly line South 14 0 48 1 04"' Nest 61.78 feet; thence leaving said Westerly line and tracing the are of a non- tangent 29000 foot radius curve to the left (the radial center hears South 22 °31'08" West) an arc distance of 10°23 feet (the long chord of which bears North 79 1 20" West 10 <18 feet) to a point of tangency; thence North 89 °41'14 West 872.01 feet to the true point of beginning. (ACCESS ROAD NO. 7) TOGETHER WITH a strip of land over a portion of OAKBURG, a duly recorded plat in said Washington County and a portion of said Section 35, described as follows: Beginning at a point on the Northerly prolongation of the Westerly line of Lot 25 of OAKBURG, a duly recorded plat in said county, distant thereon North 0 0 18'12" East 25000 feet from the Northwest corner of said lot; thence South 00 1 18'12 11 West 30000 feet; thence South 89 °41 East 32.44 feet to a point of curvature; thence 239007 feet along the arc of a 320.00 foot radius curve to the right through. (Continued) ®rde, No, 1231514w Exhibit Rage - 3 e �e� `° ip Legal Description a central angle of 24 (the long chord of which bears South 77 0 14'48 11 East 137.97 feet) to a point of tangency; thence South 64 East 405.94 feet to a point of curvature; thence 111.00 feet along the arc of a 930.00 foot radius curve to the right through a central angle of 06 °50'19 (the long chord of which hears South 68 0 12 1 58 19 East 110.94 feet) to a point of reverse curvature; thence 23.26 feet along the arc of a 49.08 foot radius curve to the right through a central angle of 27 °09'79 (the long chord of which bears South 58 1 03 1 23 11 East 23.05 feet) to a point of non- tangency; thence South 44 East 1.18 feet to the Westerly line of SW Greenbuirg Road; thence tracing said Westerly line North 14'51"35" East 84.64 feet to the non- tangent intersection with a 41.00 'Loot radius curve to the right (the radial center bears North 23 °33'21•° West); thence 30°45 feet along the arc of a 41.00 foot radius curve to the right through a central angle of 42 (the long chord of which bears South 87 0 43 1 22 11 West 29.76 feet) to a point of compound curvature; thence 93.3 feet along the arc of a 862°00 foot radius curve to the right through a central angle of 06 °12'05•• (the long chord of which Dears North 67 °53'51 wrest 93.25 feet) to a point of tangency; thence North 64 °47'49 West 388,71 feet to a point of curvature; thence 165014 feet along the arc of a 380,00 foot radius curve to the left through a central angle of 24 1 53 1 59 11 (the long chord of which bears North 77 0 14 1 48 11 West 163.84 feet) to a point of tangency; thence North 89 West 89.04 feet; thence South 00 °20'00 East 30.00 feet; thence South 89 1 41'48 1 ! East 37.28 feet to the point of beginning. (ACCESS ROAD NO. 1) TOGETHER WITH that portion of Section. 26, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being more particularly described, as follows Beginning at the intersection of said Easterly right -of -way line of the Beaverton - Tigard (Oregon State) Freeway with the North line of that tract of land granted to Gust Olson by Deed recorded. March 2, 1892 in Boole 33 at Page 334, Deed. Records of said county; thence North 19 0 1.9'29 41 East 14.23 feet; thence Forth. 00 °41'08 East 671.49 feet to a point of curvature; thence 129013 feet along the arc of a 500.00 foot radius curve to the right through a central angle of 14 (the long chord of which bears North 08 0 05 1 03 11 East 128.77 feet) to a point- of non - tangency; thence North 88 °21'11 11 rest 13.43 feet; thence North 34 0 47'25 11 West 46.50 feet; thence North 88 °45'53 West 45.82 feet to the Easterly right -of -way of SW Scholls Ferry Road; thence tracing said Easterly right -of - way North 19 °56'09 East 57.62 feet; thence leaving said Easterly right -of -way South 68 °45'35E East 84.68 feet to a point of curvature; thence 42.62 feet along the arc of a 30.00 foot radius curve to the left through a central angle of 81 (the long chord of which. bears North 70 °31'22 East 39°14 feet) to a point of tangency; thence North 29 1 48'20 91 East 183.34 feet (Continued) i order No. 1231514w Page - 4 Exhibit "A" Legal Description to a point of curvature; thence 163°43 feet along the arc of a 95.00 foot radius curve to the left through a central angle of 98 (the long chord of which bears North 19'28 ° 37 01 West 144.01 feet) to a point of tangency; thence North 68 West 82°00 feet to the Easterly right-of-way of SW Scholls Ferry Road; thence tracing said Easterly right -of -way North 21'14 East 105°00 feet; thence leaving said Easterly right -of -way South 68 °35 East 12.00 feet to the nor, - tangent intersection with a 70.00 foot radius curve to the left (the radial center bears South 68 °45 East); thence 209.96 feet along the arc of a 70.00 foot radius curve to the left through a central angle of 90'00'00 (the long chord of which bears South 23'45'35 East 98.99 feet) to a. point of reversing curvature; thence 223-62 feet along the arc of a 130.00 foot radius curve to the right through a central angle of 98 °55 (the long chord of which bears South 19 East 197.06 feet) to a point of tangency; thence South 29 *48 West 121015 feet to a point of curvature; thence 123.79 feet along the arc of a 445.00 foot radius curve to the left through a central angle of 15 (the long chord of which bears South 21'50'12" West 123-39 feet) to a point of tangency; thence South 88'21' 02 East 0.08 feet to a point of curvature; thence 66.89 feet along the arc of a 437._00 foot radius curve to the left through a central angle of 08'46 (the long chord of which bears South 13 West 66.83 feet) to a point of non- tangency; thence South 88'20'02 East. 24.22 feet; thence South 21'17 West 81.15 feet; thence South 00'41'08 West 670.05 feet-. thence North 89'13'49 West 67.55 feet to the point of beginning. (ACCESS ROAD NO. . 2 ) TOGETHER WITH that portion of Section 26, Township 1 South, Range 1 West of the Willamette. Meridian, in the County of Washington and State of Oregon., being more particularly described as follows Commencing at the most Westerly Northwest corner of that tract of land described in Deed recorded in Boole 576, Page 196, Deed Records of Washington County, Oregon.; thence North 00 East 86.28 feet to the true point of beginning; thence North 00 East 224.57 feet; thence North 00 East 656.11 feet to the Southwesterly right -of -way of SW Hall Boulevard; thence tracing said Southwesterly right -of -way North 46 West 8.78 feet to a point of cuxrvature; thence 61.38 feet along the arc of a 924.93 foot radius curve to the left through a central angle of 03 (the long chord of which bears North 48'13'54" West 61.37 feet) to a point of non- tangency; thence leaving said Southwesterly right -of -way of SW Hall Boulevard South 01 East 229.38 feet; thence South 00'19 West 322.27 feet; thence South 88 East 3.50 feet; thence South 00'19'18 West 110.04 feet to a point of curvature; thence 40.10 feet along the arc of a 430.50 foot radius curare to the left through a central angle of 05'20'15 (the long chord of which bears South 02'59'25 West 40°09 (Continued) Order No. 1231514vv Page - 5 Exhibit rip Legal Description feet) to a point of non- tangency; thence North 88 °21'11 West 3.51 feet to the aon- tangent intersection with a 427.00 foot radius curve to the right (the radial center bears North 84 °18 West); thence 14.58 feet along the arc of a 427,00 foot radius curve to the right through a central angle of 01 1 57`23" (the long chord of which bears South 06'40'19" West 14.58 feet) to a point of tangency; thence South 07 0 39'01 91 Test 203.73 feet; thence North 89 0 40`00 ° ' East 75.93 feet to the true point of beginning. PARCEL II e That portion of Section 26, Township I South, Range 1 Vest of the Willamette Meridian, in the County of Washington and State of Oregon, described as follows: Beginning at a point lying Forth 0 East 86.28 feet and South 89 0 40 1 00 11 West 75-93 feet from the most Westerly Northwest corner of that tract of land described. in Deed recorded in Book 567, Page 196, Deed. Records of said Washington County; thence South 89 1 40'00 91 West 573°13 feet, to a point on the East line of access Load Number 1; thence North 0 0 41'08 91 East 236.97 feet; thence South 88 0 21'11 95 East 599035 feet to a point on the are of a 427°00 foot radius curve to the right, the long chord of said curve bears South 6 0 40 1 20 10 Vilest 14.58 feet; thence Southerly along the arc of said curve 14°58 feet through a central angle of 1 thence South 7 °39'01 203°73 feet to the point of beginning. PARCEL III: That portion. of Section 25, Township 1 South, Range 1 Vilest of the Willamette Meridian, in the County of Washington and State of Oregon, being more particularly described as follows Commencing at the intersection of the Easterly line of that tract of land conveyed to D.W- Creary by Deed recorded November 5, 1965, in Book 576, Page 195, Records of Washington County, Oregon, with the Southwesterly line of Hall Road (State highway Number 217); thence along said Southwesterly line South 64 East 73.30 feet to the true point of beginning; thence continuing along said Southwesterly line South 64 0 12 1 59 11 East 194.88 feet; thence South 01 °03'00 West 22022 feet; thence North 64112 °599° west 160072 feet to the intersection of a 45,00 foot radius curare to the left, (the radius point bears South 17 °02 East), thence 56.47 feet along the arc of said curve through a central angle of 71 °54'03 (the chord of which bears South 37'00 West 52.84 feet); thence North 01 °03'00°° East 79.29 f eet to the true point of beginning. (Continued) Omer No. 1231514w Page - 6 Exhibit "A" Legal Description PARCEL IV" e A tract of land in the West half of Section 26, Township 1 South., Range 1 West of the Willamette Meridian, located in the City of Tigard, county of Washington and State of Oregon, said tract describcounty specifically as follows: Beginning at the intersection of the East Light- of - t�Yay line of the Beaverton - Tigard (Oregon State) Highway with the North line of that tract of land granted. to Gust Olson. by Deed recorded March. 2, 1892 in Book 33, Page 334, Washington County Deed Records; thence, North 19 °19 East, 14.23 feet; thence, North 00 °41'08C East, 671.49 feet to a point of curvature; thence, along the arc of a 500.00 foot radius curve, concave Easterly, the central angle of which is 14 the long chord of which. bears North 08 1 05 8 03 65 East, 128.77 feet, an arc distance of 129.13 feet; thence, nontangen.t to the last described. course, Forth 88 °21'11 West, 13.43 feet; thence, North 34 West, 46.50 feet; thence, North 88 °45'53 West, 45.82 feet to the East right-of-way line of Southwest Scholls Ferry Road; thence North 19 °56 East, along the East right -of -way line of Southwest Scholls Ferry Road, 57°62 feet to the true point of beginning of the tract herein described; thence, North 19 East, along the East right -of -way line of Southwest Scholls Ferry Road, 192.53 feet to an • angle point in said right -of -way line; thence, North 07 °16'04 East, along the East right -of -way line of Southwest Scholls Ferry Road, 61.72 feet to an angle point in said right -of -way line; thence, North 21 °14 East, along the East right -of -way line of Southwest Scholls Ferry Road., 63.60 feet; thence, leaving the Southwest right -of -gray line of Southwest Scholls Ferry Road, South 68 °45 East., 67.00 feet to a point of curvature; thence, along the arc of a 95.00 foot radius curve, concave Southwesterly, the central angle of which is 98 °33 the long chord of which bears South 19 °28 East, 144.01 feet, an arc distance of 163.43 feet to a point of tangency; thence, South 29 °48 West, 183.34 feet to a point of curvature; thence, along the arc of a 30.00 foot radius curve, concave Northwesterly, the central angle of which is 81 the long chord of which bears South 70 °31'22 West, 39°14 feet, an arc distance.of 42.64 feet to a point of tangency; thence, North 68 °45 West, 84.68 feet to the true point of beginning, PARCEL V A) TOGETHER WITH those certain non - exclusive easements as set forth in that certain. Construction., Operation and Reciprocal Easement Agreement dated April 25 1972, by and between. Washington Square, Inc., Sears, Roebuck and Co., and the May Department Stores Company recorded May 2, 1972 in Boob 865 at Page 12, and amended by instruments recorded July 19, 1973 in Boole 936 at Page 284, and recorded February 20, 1990 at Recorder's Fee No. 90- 081318 and recorded June 29, 1994 at Recorder's (Continued) Order No. 1231514w Exhibit Legal Description Nee No. 94- 062520 Records of Washington County, Oregon. S) TOGETHER WITH a non - exclusive easement as reser'v'ed in that certain Deed from Square Land Co. inc . Ltd., a Washington- limited partnership to the Ma:y Department Stores Company, a New York corporation, recorded February 20, 1990 at Recorder's Fee No. 90 -08126 C) TOGETHER WITH a n.oa- exclusive easement as set forth in that certain Easement Agreement dated September 30, 1993, by and between vdashington. Square, Inc. and The May Department Scores Company recorded October 29, 1993 at Recorder's Fee INTO. 93090210. D) TOGETHER WITH a non- exclusive easement as set forth in Easement Agreement dated October 26, 1999, by and between Washiizgton Square, Inc. , a Washington corporation, and PPR Washington. Square LLC, a Delaware limited liability company, recorded October 29, 1999, at Recorder's Fee No. 99- 122267 PRELIMINARY TITLE REPORT DATED August 22, 2003 ORDER NO. 1231514w SCHEDULE B, Page No. 1 Except for the items properly cleared through closing, the proposed policy or policies will not insure against loss or damage which may arise by reason of the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easements or encumbrances, not shown by the public records reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, or claims or title to water. 4. Any lien, or right to a lien, for unemployment taxes, workman's compensation, services, labor, equipment rental or material, heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. NOTE: Exceptions 1 through 5 may be modified or eliminated from the policy based upon receipt and review of additional evidence of insurability, including, but not necessarily limited to, the following: (a) A survey of the subject property meeting ALTA /AGSM guidelines for commercial property surveys. in addition to the survey, the company may inspect the subject property, for which there may be a nominal charge. NOTE: The company has on file a survey dated February 17, 1999 by W & H Pacific Job No. 04.1276 .0001 which may be sufficient to remove or modify the exception regarding survey requirements. An affidavit regarding no new additions or alterations to the property or an updated survey will be necessary_ (c) Proof that there are no statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for workmen's compensation which have not gained or hereafter may gain priority over the lien of the insured mortgage, which liens do not now appear of record. (b) Proof that there are no parties in possession or claiming the right to be in possession other than the vestees herein and that there are not existing leases or tenancies. 6. 2003 -04 taxes, a lien in an amount to be determined, but not yet payable. (Continued) SCHEDULE B, rage No. 2 Exceptions, Continued Order ilo.: 1231514w 7. Municipal liens, if any, imposed by the City of Tigard. We find none, per the public records, as of August 8, 2003_ 8. Taxes, including current year, not assessed because of an exemption relating to a transit facility located an Parcel I. Exemption : County Account No_ : R2049792 Map No. : 1S126C -02000 9. Limited access in deeds to State of Oregon, by and through its Department of Transportation, Highway Department which provides that no right or easement of right of access to, from or across the State Highway other than expressly provided therein shall attach to the abutting property, as follows: RECORDER BOOK PAGE April 19, 1961 443 170 April 27, 1961 443 434 February 5, 1964 505 529 September 24, 1964 523 644 October 19, 1964 527 167 and 169 November 12, 1964 530 79 November 30, 1966 623 161 February 15, 1967 630 393 August 22, 1967 656 39 October 11, 1967 663 506 August 17, 1971 831 423 August 17, 1971 831 424 September 13, 1971 834 956 Affects access onto the Beaverton - Tigard Highway from Parcel I only: 10. Limited access as set forth in decree entered in Circuit Court, Washington County, in favor of'the State of Oregon, by and through its Department of Transportation, Highway Department, which provides that no right or easement of right of access to, from, or across the State Highway other than expressly provided therein shall attach to the abutting property Case No. : 27 -135 Affects access onto the Beaverton - Tigard Highway from Parcel I only. 11. Limited access in deed to State of Oregon, by and through its Department of Transportation, Highway Department which provides that no right or easement of right of access to, from or across the State Highway other than expressly provided therein shall attach to the abutting property, Recorded : August 3, 1967 Book /volume : 653 Page : 183 Affects access onto the Beaverton - Tigard Highway from Parcel I only (Continued) SCHEDULE B. Page No. 3 Exceptions, Continued Order No.: 1231514w 12. An easement created by instrument, including the terms and provisions thereof, Dated : February 2B, 1968 Recorded : March 12, 1968 Book /volume 684 Page 590 In favor of : Progress Sanitary District For Sewer Location over a 10 foot strip which crosses the Northerly access area of Washington Square Affects Access Road No. 1 of Parcel I. 13 Easement.rights, benefiting the property described in a deed recorded at Recorder's Fee No. 91008316, arising by reason of the following recorded documents and by use and /or unrecorded agreement, for ingress and egress over Access Road No. 1, including the terms.and provisions thereof, A)Dated December 28, 1968 Recorded December 31, 1968 Book 72B Page 762 B)Dated January 12,1971 Recorded March 6, 1972 Book : 856 Page 885 14. Covenants, conditions, restrictions, easements and /or setbacks, including the terms and provisions thereof, imposed by instrument Recorded : September 13, 1971 Book /Volume : 834 Page : 956 NOTE: This exception omits from said instrument any covenant, condition of restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the restriction is not in violation of state or federal law or relates to a handicap, but does not discriminate against handicapped people. Affects a portion of Lot 18, oakburg, on the Southwest, adjacent to the Beaverton - Tigard highway. 15. Agreement, including the terms and provisions thereof; Dated September 28, 1968 (Continued) SCHEDULE B, Page Flo. 4 Exceptions, Continued Order Flo.: 1231514w s Memorandum of Agreement, including the terms and provisions thereof, Dated : February 7, 1972 Recorded : February 14, 1972 Book /Volume : 854 Page 274 By and between Crescent Grove Cemetery Association, a non - profit corporation; Winmar Company, Inc., a corporation; Winmar Pacific, Inc., a corporation; and Gordon R. Martin Affects Parcel I. 16. Construction Operation and Reciprocal. Easement Agreement, including the terms and provisions thereof, Dated : April 25, 1972 Recorded May 2, 1972 Book 865 Page 12 The above document was amended.by instrument, Recorded July 19, 1973 Book /Volume 936 Page 284 Second Amendment, Dated November 1, 1987 Recorded February 20 1990 Recorder's Fee No. 90 -08131 And thereafter Third Amendment, Dated : April 22, 1994 Recorded : June 29, 1994 Recorder's Fee No. : 94- 062510 Affects Parcel I through V_ Assignment of Reciprocal Easement Agreements, including the terms and provisions thereof, Dated : February 18, 1999 Recorded : February 22, 1999 Recorder's Fee No. : 99021508 From : Washington Square, Inc. To : PPR Washington Square LLC Request for Notice of Mortgagee, including the terms and provisions thereof, Dated : February 18, 1999 Recorded : February 22, 1999 Recorder's Fee No. : 99021512 By : Metropolitan Life Insurance Company (Continued) scHEDULE B Page No. 5 Exceptions, Continued Order No._ 1231514w 17. Non - exclusive Road Basement Agreement, including the terms and provisions thereof, Dated : April 20, 1972 Recorded May 2, 1972 Book /Volume 865 Page 157 Affects Access Road No. 2- The above document was amended by instrument, Recorded : November 15, 1974 Book /Volume : 999 Page : 396 18. Basements for, existing public utilities in vacated street area reserved by Resolution and Order No. 72 -256, and an easement created by said instrument for sewer purposes 7 1/2 feet wide on each side of the center line of said vacated street ( SW Locust Street), Dated November 14, 1972 Recorded December 18, 1972 Book /Volume 901 Page 820 Affects Access Road No. 7 of Parcel I. 19. An easement created by instrument, including the terms and provisions thereof, • .Dated June 7, 1979 Recorded : July 2, 1979 Recorder's Fee No. : 79025766 In favor of : Washington County For : Traffic control facilities, slope and drainage Location : over the area adjacent to SW Greenberg Road Affects Access Roads 6 and 7 of Parcel I. 20. A non - exclusive easement created by instrument, including the terms and provisions thereof, Dated December 20, 1985 Recorded December.27, 1985 Recorder's Fee No. : 85051367 In favor of : Adjacent property For : Vehicular and pedestrian access Affects Access Road No. 2 of Parcel I. 21. A non- exclusive easement created by instrument, including the terms and provisions thereof, Dated : December 20, 1985 Recorded : December 27, 1985 Recorder's Fee No. : 85051370 In favor of : Adjacent property F : Vehicular and pedestrian access Affects Access Road No. 2 of Parcel I. . (Continued) SCHEDULE B, Page No. 6 Exceptions, Continued Order No. 1231514w 22. A non - exclusive easement created by instrument, including the terms and provisions thereof, Dated : December 3, 1985 Recorded : December 27, 1985 Recorder's Fee No. : 85051371 In favor of : Adjacent property to the North of Parcel I For : Roadway Location : Over the Roadway No. I easement area. 23. A non - exclusive easement created by instrument, including the terms and provisions thereof, Dated : December.20, 1985 Recorded : December 27, 1985 Recorder's Fee No. : 85051373 In favor of : Adjacent property For : Sign Affects Parcel IV. 24. Access Road Maintenance Agreement, including the terms and provisions thereof, Dated : July 18, 1987 Recorded : December 8, 1987 Recorder's Fee No. : 87060164 Between : Winmar Pacific, Inc., Square Land Co., Ltd., Washington Square, Inc. And Nesbitt Partners Portland Venture, Ltd_ The above document was modified by instrument Recorded July 31, 1989 Recorder's Fee No. 89 -35019 Affects Access Roads No. 1 and 2 of Parcel I. The effect, if any, of the second Modification to Access Road Maintenance Agreement, Dated : July 27, 2002 Recorded : October 18, 2002 Recorder's Fee No. : 2002- 1226B0 Executed by : Portland Office Associates, an Illinois general partnership AND Portland Hotel Associates, an Illinois general partnership 25_ An easement created by instrument, including the terms and provisions thereof, Dated : November 15, 198B . Recorded : January 24, 1989 Recorder's Fee No. : 89 -03319 In favor of : Oregon Department of Transportation For : Slopes and traffic control facility Affects Parcel IV. (Continued) i SCHEDULE 9, Page No. 7 Exceptions, Continued Order No. 1231514w 26. An easement created by instrument, including the terms and provisions thereof, Dated : April 17, 1989 Recorded : April 18, 1989 Recorder's Fee No. : 89 -17134 In favor of : Portland General Electric Company, an Oregon corporation For : Electric power line Location : Over the dogleg adjacent to SW Hall Blvd. Affects Parcels I and II. 27. An easement created by instrument, including the terms and provisions thereof, Dated : November 15, 1986 Recorded : May 31, 1989 Recorder's Fee No. : 89 -24472 In favor of : Department of'Transportation, State of Oregon For : Slope, traffic control facilities, and temporary construction Affects Access Road No_ 1, adjacent to Scholls Ferry Road. 28. An .easement created by instrument, including the terms and provisions thereof, Dated : December 4, 1989 Recorded : November 15, 1990 Recorder's Fee No. : 90 -63000 In favor of : Portland General Electric Company For : Underground distribution line Location : Over a portion of Access Road No. I and Parcel IV 29. Non - exclusive Easement Agreement, including the terms and provisions thereof, Dated : September 30, 1993 Recorded : October 29, 1993 Recorder's Fee No. : 93090210 Between : Washington Square, Inc., a Washington corporation And : The May Department Stores Company, a New York corporation Affects Parcel I. 30. An easement created by instrument, including the terms and provisions thereof, Dated : September 8, 1993 Recorded : January 7, 1994 Recorder's Fee No. : 94002128 In favor of : Tualatin Valley Water District For : Fire hydrants, water lines, meters and appurtenances Affects Parcel I. 31. Restrictive: covenants, including the terms and provisions thereof, to waive rights of remonstrance, Recorded August 14, 1996 Recorder's Fee No. 96072860 For Street improvements Affects a portion of Parcel I. (Continued) SCHEDULE B, rage No. 8 Exceptions, Continued Order No.: 1231514w 32. An easement created by instrument, including the terms and provisions thereof, Dated : November 5, 1997 Recorded : November 19, 1997 Recorder's Fee No_ : 97108988 In favor of : The Public For : Traffic control facilities Affects a portion of Parcel I, Access Road 7. 33. Rights or claims of the following parties in possession, as disclosed in the rent roll, as tenants only, with no rights of first refusal or options to.purchase, as disclosed by Bargain and Sale Deed, Recorded : February 22, 1999 Recorder's Fee No. : 99021506 A. Abercrombie & Fitch B. Ashley Avery's Collectables C. Ann Taylor D. Bachrach E. Babbage's F. Banana Republic, Inc. G. Eddie Bauer H. Bath & Body Works I. Baskin Robins J. Trade Secrets K. Ben Bridge Jeweler L. Latitudes . M. Bank of America N. The Bombay Company o. Binyon's P. Brookstone Q. Garden Botanika R. Cache' S. California Closet Company T. Camelot Music U. Shoe Mill V. Casual Corner W. Mark's Hallmark Shop X. Christian Supply center Y. Cinnabon /Zuka Juice Z. Coach AA. Colorado BB. Colorado Pen Co. CC. Cool Temptations DD. Crabtree & Evelyn (Continued) SCHEDULE B. Page No. 9 Exceptions, Continued Order No.: 1231514w EE. B. Dalton Bookseller FF. Deck the Walls GG. The Disney Store HH. Newport Bay Restaurant II. Edo Japan The following affects tenant owned or leased fixtures only, Landlord's Lien Waiver, including the terms and provisions thereof, Recorded : August 18, 1995 Recorder's Fee No_ : 95066260 Between : Washington Square, Inc. And : Edo Japan Development Corporation, a Washington corporation and First Interstate Bank of Oregon, N.A. JJ_ Embassy Suites Hotel KK. Enzo Angiolini LL. Afterthoughts Boutique MM. Field of Dreams NN_ Wells Fargo Bank 00. Day .& Night Teller PP_ Made in Oregon QQ. Footaction USA RR_ Footlocker sS_ Friedlander TT. The Gap W_ GapKids W. Glamour Shots WW_ J.K. Gill XX. Gymboree YY_ Gyros Gyros zz. General Nutrition AAA. Hickory Farms BBB. Excalibur Cutlery & Gifts CCC. J. Riggings DDD. Just Sports BEE. K/B Toys FFF. Baby Gap GGG. Kelly's Cajun Grill HHH. Koala Blue III. Kobos Kitchen. JJJ. Kits Cameras KKK. Kinney Shoes LLL. La Bottega Mamma MMM. La Rog Jewelers (Continued) SCHEDULE B. Page No. 10 Exceptions, Continued Order No.: 1231514w NNN_ Lane Bryant 000. Lady Footlocker PPP. Lenscrafters QQQ. Lerner RRR. The Limited SSS, Liz Claiborne TTT. Mervyn's Also disclosed by: Unrecorded lease, including the terms and provisions thereof, Dated : May 24, 1973 Lessor : Washington Square, Inc., a Washington corporation Lessee : AMFAC Merchandising Corporation, a California corporation Disclosed by Memorandum of Lease, Recorded : October 30, 1974 Book 998 Page 480 The lessee's interest in the above lease was assigned by numerous documents and by Assignment, Acceptance and Consent, including the terms and provisions thereof, Dated : June 1, 1979 Recorded : August 17, 1979 Recorder's Fee No. : 79033263 From : Marshall Field & Company To : Dayton- Hudson Corporation (Mervyn's Department Store) UUU. Macheesmo Mouse VW. Mark's Hallmark Shop WWW. McDonald's Restaurant Also disclosed by, Unrecorded lease, including the terms and provisions thereof, Dated : May 23, 1989 Lessor : Washington Square, Inc., a Washington corporation Lessee : McDonald Corporation, a Delaware: corporation As disclosed by Memorandum of Lease Recorded : February 7, 1990 Recorder's Fee No_ : 90 -06400 XXX. Meier & Frank YYY. Monograms America ZZZ. Motherhood Maternity AAAA. The Museum Company BBBB. Natural Wonders CCCC. Naturalizer West DDDD. Nine West EEEE. Nordstrom (Continued) SCHEDULE B, Page No. 11 Exceptions, Continued Order Igo.: 1231514w Also disclosed by: Unrecorded lease, including the terms and provisions thereof, and such other matters, interest, or exceptions as may appear necessary upon examination of the original lease, Dated May 14, 1993 Lessor Washington Square, Inc., a Washington corporation Lessee Nordstrom, Inc., a Washington corporation As disclosed by Memorandum of Lease Recorded . May 20, 1993 Recorder's Fee No. : 93039236 Subordination, Non - Disturbance and Attornment Agreement, including the terms and provisions thereof, Dated : February 10, 1999 Recorded : February 22, 1999 Recorder's Fee No_ : 99021513.2 By and between : Metropolitan Life Insurance Company, Nordstrom, Inc., and PPR Washington Square LLC FFFF. Northern Reflections GGGG_ The Tux Shop H= . oMSI Science Retail Store IIII. Orange Julius JJJJ. Panda Express KKKK. The Paper Station LLLL. Petite Sophisticate MMMM. J.C. Penney As disclosed by, Lease, including the terms and provisions thereof, Dated : July 20, 1973 Recorded : July 19, 1973 Book : 935 Page 321 Lessor Washington Square, Inc., a Washington corporation Lessee : J.C. Penney Company, Inc_, a Delaware corporation Lease Amendment Agreement, Recorded : February 20, 1990 Recorder's Fee No. : 90 -08130 (Continued) SCHEDULE B. Page No. 12 Exceptions, Continued Order No.: 1231514w NNNN. Radio Shack 0000. Prints Plus PPPP. Rainier Roaster QQQQ. The Real Mother Goose RRRR. Regis Hairstylists SSSS. Rose's Deli & Bakery The following affect tenant owned or leased fixtures only: Financing Statement, Recorded November 20, 2000 Recorder's Fee No. 2000 - 093698 From The Square Rose LLC To Bank of America, N.A. TTTT. Sam Goody UUUU. The San Francisco Music Box Company VVVV _ Sbarro' s WWWW. Sears XXXX. See's Candies YYYY. Select Comfort ZZZZ_ Shutterbug AAAAA_ Silver Street BBBBB. Sizes Unlimited CCCCC. Sunglass Hut DDDDD. Starbucks Coffee EEEEE. Swim In FFFFF. Structures GGGGG. Stride Rite HHHHH. Sweet Factory IIIII. Suncoast Motion Picture Co. JJJJJ. Talbots KKKKK. Talbot's Petites LLLLL. Things Remembered MMMMM. The Tinder Box NNNNN. H-C. Ellicott 00000. Claire's PPPPP. Track'n Trail QQQQQ. Tri Met RRRRR_ Victoria's Secret SSSSS_ U -Bank TTTTT. Kay Jewelers UUUUU. Watch World International VVVVV. Warner Studio Store WWWWW. Wazwan XXXXX.. Wishes and Dreams YYYYY. Zales Jewelers ZZZZZ. Bailey, Banks & Biddle (Continued) SCHEDULE S, Page No. 13 Exceptions, Continued Order No.: 1231514w AAAAAA. Zumiez BBBBBB. Beauty Secrets cccccc. Electronic Boutique DDDDDD. Gracie Homes, dba J. Crew EEEEEE. Helzburg Jewelers FFFFFF. Imaginarium GGGGGG. Mr. Rags HHHHHH Store of Knowledge IIIIII. Your Northwest 34. Deed of Trust, Security Agreement and Fixture Filing, to secure an indebtedness in the amount shown below, and any other obligations secured thereby, Dated February 18, 1999 Recorded February 22, 19999 Recorder's Fee No. : 99021509.3 Grantor PPR Washington Square LLC Trustee Transnation Title Insurance Company Beneficiary Metropolitan Life Insurance Company Amount : $120,000,000.00 35. Assignment of Leases, including the terms and provisions thereof, Dated : February 18, 1999 Recorded : February 22, 1999 Recorder's Fee No. 99021510 From PPR Washington square LLC To : Metropolitan Life Insurance Company given as additional security to the Trust Deed Recorded : February.22, 1999 Recorder's Fee No. : 99021509.3 36. Financing Statement, Recorded : February 22, 1999 Recorder's Fee No. : 99021511 From : PPR Washington Square LLC To : Metropolitan Life Insurance Company 37. Terms, provisions and conditions, including, but not limited to, maintenance provisions, and a covenant to share the costs of maintenance, contained in Easement Agreement, Dated : October 26, 1999 Recorded : October 29, 1999 Recorder's Fee No. : 99- 122267 (Continued) SCHEDULE B, Page No. 14 Exceptions, Continued Order No.: 1231514w 38. Access Road Agreement, including the terms and provisions thereof, Dated : May 2, 2001 Recorded : May 7, 2001 Recorder's Fee No. 2001042542 By and between :.PPR Washington Square LLC, SFP -B Limited Partnership AND Les Schwab Tire Centers of Portland, Inc., an Oregon corporation Affects Parcel I. 39. Unrecorded Easement, as disclosed by Water Line Easement, Recorded : November 26, 2001 Recorder's Fee No. : 2001 - 121304 And amended by instrument, Recorded : June 25, 2002 Recorder's Fee No. : 2002 - 072307 NOTE: We find no recorded grant of easement by PPR Washington Square LLC, for that portion of the easement which lies across Parcels I and IV herein. 40. Existing leases and tenancies, if any, and any interests that may appear upon examination of such leases_ No examination has been made as to matters affecting lessee and tenants. NOTE 1: No search has been made or will be made for water, sewer, or storm drainage charges. Buyers should check with the appropriate City bureau or water /sewer district and obtain a final reading. Such charges are not adjusted in escrow. NOTE 2: The property described herein is subject to A Washington County Transfer Tax of $1.00 per thousand, based on consideration, payable on transfer of property. Failure to pay the tax or apply for an exemption shall result in a penalty equal to the amount of tax owed, plus possible criminal prosecution punishable by a fine of not more than $500.00. NOTE 3: A copy of the Articles of organization and of the Operating Agreement of PPR Washington Square LLC, a Delaware limited liability company, any amendments thereto, and assignments of members` interests should be furnished to us prior to closing. Any conveyance or encumbrance must be executed by all the members unless otherwise provided for in the Articles of organization. (Continued) SCHEDULE B, Page No. 15 Exceptions, Continued Order No.: 1231514w NOTE 4: Taxes paid in full for the year 2002 -03, as follows: Levy Code 050.94 Amount Account No. Map No. Affects $3,394.02 R235588 1S126BC -00900 North part of Access Rd. 2 $2,890.81 R235597 1S126BC -01000 Parcel IV Levy Code 023.81 $I,d45.48 R236523 1S12GC -00400 Parcel III Levy Code 050.94 $240,099.27 R2034755 1S126C- 01112 Portion of Parcel I Levy Code 023.81 - Exemption - County- Government $0.00 R2049792 1S126C -02000 Levy Code 050.94 . $680,578.94 R236596 IS126C -01107 Portion of Parcel I $ 1,101.99 R236649 1S126C -01300 Portion of Access No. 2 $ 19,153.43 R236658 1S126C -01301 Portion of Parcel II $ 9,035.85 R236667 IS126C -01302 Portion of Parcel II $ 4,761.92 R1187432 IS12GC -01303 Portion of Parcel II Amount Account No_ Map No. Affects Levy Code 023.81 (Code Split) $100,316.73 R236587 1S126 -00300 Portion of Parcel I (Continued) SCHEDULE B, Page No. 16 Exceptions, Continued Order halo.: 1231514W Amount Account No. Map No. Affects Levy Code 050.94 New Account - Code Split $ 38,621.44 R1299543 1S126CD -00300 Portion of Parcel I Levy Code 023.81 New Account - Code Split $ 99,947.74 R1299552 1S126CD -00300 Portion of Parcel I Levy Code'023.81 New Account $ 32,447.84 R1326924 1S12GCA -00600 Portion of Parcel I $ 0.00 R2118336 1S126CD -00200 Formerly part of Tax Lot 402 $ 0.00 R2119340 1S126CA -00700 Formerly part of Tax Lot 1109 Levy Code 050.94 - New Account $ 0.00 R2118337 15126 -00301 Portion of Parcel 1, Access Road No. 1 End of Report SD /mah Daniels 4613 . APPENDIXD • T R A N S P O R T A T I O N E N G I N E E R I N G / P L A N N I N G i '�. 610 SW Alder Street, Suite 700, Portland, OR 97205 ! '503.228.6230 := 503.273.8169 MEMORANDUM Nate: December 16, 2009 �� PRO Project #: 8334.0 F To: Gary Pagenstecher � GINF� s ue© City of Tigard — Associate Planner 13125 SW Hall Boulevard 804 ®4PE Tigard, Oregon 97223 ' N,' From: Chris Tiesler, P.E. and ShiLng Tsoi �,�, ° 170 r 1, 90o�����•� Project: Washington Square Mall Trip Entitlements pHER B. Subject: Trip Generation Analysis of Trip Bank EXPIRES: 6 /30I 2010 The purpose of this memorandum is to document and summarize existing unused trip -based entitlements at Washington Square Mall inclusive of the "Square Too" and "Fringe" subareas of the property in Tigard, Oregon. The Macerich Company seeks to document existing unused entitlements (and the associated number of trips) to develop a "trip bank." This bank of entitled trips would then be drawn upon during future development and /or redevelopment, • documenting and memorializing transactions through the land use process itself. It is the intent of this action to create flexibility for future development and /or redevelopment at the mall, recognizing that until such time that the level of development /redevelopment on the mall site (and the corresponding number of new trips generated) exceeds the entitled amount, no formal transportation impact analysis will be required. Figure 1 illustrates the mall's location and highlights the subareas of the contiguous property. The, following sections details the specific trip generation calculations associated with existing entitled development and documents the total number of entitled trips currently available for the mall site. TRIP EQUITY As. a regional center, visitors to Washington Square travel to /from the site in a manner dictated primarily by their origin /destination. Future application of vehicle trips tied to unused trip entitlements of the mall itself to other areas of the mall property (or vice a versa) will not result in additional off -site transportation impacts. For example, the most recent land use application on the site (2003 Mall Expansion TIA) distributed site - generated trips onto the study area roadway system based on existing turning movement patterns and the percentage of total site traffic being served by each of the existing access points. This approach appropriately recognized the mall's regional draw and the fact that the distribution and assignment of driveway trips are overwhelmingly dictated by the origin /destination of trips related to the entire site, not generally by individual land uses and their respective location on the site. • FILENAME: H:\PROJFILE\8334 - WASHINGTON SQUARE TOO DEVELOPMEMAREPORT\FINAL \8334 FINAL_12 -16- 2009. DOC Washington Square Trip Entitlements December 2009 'Ir A .A-.w jp. 74. i -, le. I 41 1 Lu r ? IT ':- SCALE) L 4L 4, A&I Er cri L J.:4 4T MALL f 0 14 1p - J, V1 AAL. ,� ,u�,'y,'S'. : :' it • `,,� ` 1�w SQUARE TOO Aq-c u 4 JRI . SwFw 4k I z APE FR INGE a w `' %� `V4 :P�111 rk "At- MALL SUBAREA W �- FRINGE SUBAREA WASHINGTON SQUARE MALL PROPERTY 9L SQUARE TOO SUBAREA TIGARD, OREGON KITTELSON & ASSOCIATES, INC. TRANSPORTATION ENGINEERING/ PLANNING Washington Square Mall Trip Entitlements Project #: 8334.0 December 16, 2009 Page 3 Entitled trips identified in the following sections have already been contemplated, analyzed, and approved by the appropriate jurisdictions through previous land use approvals. As a result, future development and /or redevelopment that generate up to an equivalent amount of trips will not result in additional off -site transportation impacts and should not require additional analysis. UNUSED TRIP ENTITLEMENTS Washington Square MAY Subarea A thorough accounting of previous land use approvals of the mall subarea determined that approximately 60,713 square -feet of constructed retail space have not been developed in the mall. Although development of some parts of the Expansion Area may require the issuance of building permits, other areas such as storage areas may not require a permit prior to their use. As such, the applicant proposes to designate 35,491 square -feet of the total entitled square- footage as "not leasable" under this Minor Modification permit. Should the applicant wish to develop and /or construct these entitled areas in the future, the designated square - footage (or a portion thereof) could be returned to "leasable" status through another Minor Modification permit process. Attachment "A" contains a detailed inventory of entitled square- footage deemed "leasable" and "not leasable." Weekday p.m. peak hour vehicle trip end estimates were prepared for the total 25,222 square -feet . of entitled "leasable" retail space based on empirical observations at similar land uses. These observations are summarized in the standard reference Trip Generation, 8 11 Edition, published by the Institute of Transportation Engineers (Reference 1). Table 1 details the entitled trips available from the unused retail space. Table i Unused Mall Entitlement Trip Generation Credits YTE Size Weekday PM Peak Hour Trips Scenario Land Use Code (square feet) Total In Out Shopping Center (Main Mall) 25 10 15 820 6,342 Pass -by Trips (34 %) (10) (5) (5) Unused Shopping Center (Expansion Area) 70 35 35 Entitlements 820 18,880 Pass -by Trips (34 01o) (20) (10) (10) Net New Trips 65 30 35 'Average rate calculation. As shown in Table 1, this unused "leasable" space is estimated to equate to 65 weekday p.m. peak hour trips (30 inbound; 35 outbound). Of these, 15 (10 inbound, 15 outbound) are attributable to the Main Mall, and 50 weekday p.m. peak hour trips (25 inbound, 25 outbound) are attributable to the Expansion Area. It should be noted that the average trip rate for the Shopping Center land • use was used rather than the fitted curve equation to avoid overestimating trips in this square - footage range, and because the entitled trips may be used for future development in locations Kittelson & Associates, Inc. Portland, Oregon Washington Square Mall Trip Entitlements Project #: 8334.0 December 16, 2009 Page 4 other than the mall subarea. Trip generation estimates for future retail development and /or redevelopment should continue to use the average rate to ensure an apples -to- apples comparison. Fringe Subarea The Fringe subarea currently includes three vacant buildings - the former Cucina - Cucina and T.G.I. Friday's restaurants and the four - screen movie theater. Table 2 identifies entitled trips available for both restaurants and the movie theater. Table 2 Fringe Property Trip Credits Weekday PM Peak Hour Trips Land Use ITE Code Size Total In Out High Quality Restaurant (Cucina) 931 477 55 35 20 0 Pass -by Trips (44 square -feet (ZO) (10) (10) High Quality Restaurant (TGIF) 8,948 65 45 20 931 square -feet Pass -by Trips (44 ( 30 ) ( 15 ) (15 ) Movie Theater with Matinee 444 4 screens 80 30 50 Total New Trips 200 115 85 Net Pass -by Trips (50) (25) (25) • Total Fringe Property Trip Credits ISO 90 60 As shown in Table 2, the vacant restaurants and movie theater maintained an estimated 150 weekday p.m. peak hour trips (90 inbound, 60 outbound). These trips are vested, and per the current proposal, could also be used to offset future development /redevelopment on the mall property. Square Too Subarea The Square Too subarea is 100 percent constructed and occupied. Therefore, there are no unused entitled trips associated with this subarea of the mall. TOTAL ENTITLED TRIPS Table 3 summarizes the total number of entitled net new trip ends available for the entire Washington Square mall site, including the Square Too and Fringe properties. • Kittelson & Associates, Inc. Portland, Oregon Washington Square Mall Trip Entitlements Project #: 8334.0 December 16, 2009 Page 5 Table 3 Total Available Entitled Trips - Trip Bank Weekday PM Peak Hour Trips Washington Square Mall Total In out Main Mall Entitled Trips 15 10 15 ( "Leasable" Unused Trips) Expansion Area Entitled Trips 50 25 25 ( "Leasable" Unused Trips) Fringe Subarea Entitled Trips 150 90 60 Square Too Subarea Entitled Trips 0 0 0 TOTAL ENTITLED TRIPS 215 120 95 As shown in Table 3, the proposed "trip bank" would include a total of 215 vested weekday p.m. peak hour trips (120 inbound; 95 outbound) that could be used to facilitate future development and /or redevelopment of the mall property. TRIP DEBITING PROCESS Future land use applications for development and /or redevelopment on the Washington Square mall site would be required to submit a trip debiting memorandum, summarizing the trip • generation impacts of the proposed development /redevelopment and providing a comparison to the currently available trips in the trip bank established herein. Until such time that the available entitled trips are exceeded, no formal transportation impact analysis would be required as a part of future development applications. Separate trip debit memoranda would memorialize the extent of each development and document how many entitled trips remain, if any. Once the trip bank is exhausted, normal jurisdictional standards and thresholds would be used to determine what addition traffic analysis, if any, is required for a particular development application. We trust this memorandum adequately documents the exiting entitled trips associated with the Washington Square mall property (all three subareas) and details the "trip bank" concept and process to document and memorialize remaining trips through future development applications. If you have any questions, please call us at (503) 228 -5230. REFERENCES 1. Institute of Transportation Engineers. Trip Generation, 8t Edition. 2008. Kittelson & Associates, Inc. Portland, Oregon Attachment " "A" Washington Square Entitlement Definition WASHINGTON SQUARE SITE STATISTICS 12/16/2009 Actual Committed Entitled or Occupied Variance/ Traffic Trips TRACTS BLDGS & PARCELS SF GLA SF GLA Available SF Entitled Anchor Tenant Space SEARS & TBA Macy's (Meier & Frank) J.C. Penney &TBA 210,585 210,585 0 Dick's ( Non - Leasable Atrium) 89,309 84,827 4,482 Leased (old Menryn's) Storage 24,639 22,779 1,860 Nordstrom 180,000 180,000 0 Mezzanine 8,360 8,360 SUBTOTAL, Anchor Stores 512,893 506,551 6,342 Tenant Shops Space - Bldg Areas Specialty Shop Space 320,852 320,852 0 Common Area TOTAL - Existing (Main) Mall 833,745 827,403 6,342 15 Mall Expansion 1st Floor P 1,574 1,574 0 Q 16,832 16,832 0 R 9,862 9,862 0 S 16,061 16,061 0 T 32,074 32,074 0 TOTAL 1st FLR EXPANSION 76,403 76,403 0 Mall Expansion 2nd Floor- Shop Space U 12,987 12,987 0 V 7,231 7,231 0 W 11,451 11,451 0 X 19,771 14,771 5 000 sub -total 51,440 46,440 5,000 Future Expansion - Connection to Food Court Y 3,722 0 3,722 Z 10,158 0 10.158 sub -total 13,880 13,880 TOTAL 2nd FLR EXPANSION 65,320 46,440 18,880 TOTAL EXPANSION 141,723 122,843 18,880 50 TOTAL SITE (wl Future Exp) 975,468 950,246 25,222 65 Available SF Available Trips FRINGE PROPERTIES SQUARETOO Retail Center (Bldgs A, B, &C) 85,230 85,230 0 SQ TOO FRINGE B of A 5,378 5,378 0 TGIF 8,948 0 8,948 35 Theater (Vacant) 14,238 0 14,238 80 Cucina (Vacant) 7,477 0 7,477 35 TOTAL FRINGE 121,271 90,608 30,663 150 TOTAL WASHINGTON SQUARE 1,096,739 1,040,854 55,885 215 (with Expansion, Sq Too & Fringe) Available SF Available Trips a I e a nt mw— \� O m Yh3 I C f mY'YI W/h Iq ti� � wxwnexwh�f,�sxxm � fr,�,un �. ` \ NUWxaNxWANVFU \Y` � �MxelS \ \i 3 g L!'\N.{x`t (NNMYFfdMW / /AHHN//A /Jd/Mhhm' fi a" I Y � C/nSW /AYd I 410WMti{PNNFeRMpi \0 . � faSlW�4Wd1, \W - ,'� � I 4 9\R1 \Nx'hRW Ifh MlnN/kPn'H'/b' /4 � � ¢'S �/ 4"HffYJ//.iY/N/1� &T4AMYrt\MSxMW\'GY I� � � NN\ g /NNY.N\ixNVV1xNNk4 4Y S "A/ /4A'Y/NHh/HMM,S� ✓�'� � y ���{ 'klN: \ \NkV�'b'+Mc \RNN\ {V1�2N�VY49 4 y NtlNV1gPoNb) � .,.. unN.@�{FL,tagfl � P �� 3u:�� A4d.'frAk• bPPo'd . 1 �i11b9YYYYlh wuw t "°di } aa � Y. tllvaACVti uM� : L g �:,wmlraan f f ` µ�� � . 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P- f%/AAW'm/YNA�YMtt 33w r �$ j L J ^ i C WASHINGTON SQUARE _ 0 m NOT LEASABLE PLAN� MACERICH COMPANY N WASHINGTON SQUARE ENTITLEMENT DEFINITION 33919 ��3392 &PLPHE%02 '�1'�iP APPENDIXE City of Tigard December 16, 2009 Rick Beason Macerich Company 16497 NE 74 Street Redmond WA 98052 RE: Minor Modification Request, Case File No. MMD2009 -00033 Dear Mr. Beason: This letter is in response to your Minor Modification Application, received September 18, 2009, requesting a minor modification to the Washington Square Mall Expansion Site Development Approval (SDR2003- 00012) located at 9585 SW Washington Square Road; WCTM IS12600, Tax Lots 300, 301 and 400; 1S126CO Tax Lot 1107; 1S126BC, Tax Lot 900; 1S126CB, Tax Lots 100 and 500. You have requested to memorialize the unused vested trips ( "Vested Trips ") that were previously approved for the existing Mall, the expansion ( "Expansion Area ") and those that are tied directly to the unleased development at the Washington Square Fringe properties ( "Fringe Properties "), inclusive of both the "Fringe" and "Square Tod' properties as defined in the December 16, 2009 memorandum prepared by Kittelson & Associates, Inc. The objective is to memorialize these Vested Trips n traffic enable future development and /or redevelopment of the overall Mall property. It is proposed that no ad S. trac impact analysis be required for such development provided that the Vested Trips are not exhausted because impacts of the Vested Trips to the surrounding transportation system have already been evaluated and approved as part of previous development applications. The following analysis shows that the proposed development is a minor modification and is hereby approved, with conditions of approval. Analysis of Minor Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "an modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The minor modification request is to modify the previously approved Site Development Review (SDR2003- 00012) by memorializing the unused vested trips that were approved through the Washington Square expansion. In addition the request is to memorialize the unused vested trips that are tied directly to the unleased development at the Washington Square Fringe properties (Theater, Cucina Cucina). The minor modification request is for commercial development. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwelling units. The minor modification request is for commercial development. Therefore, this criterion does not apply. 3. A change that requires additional on -site parking in accordance with Chapter 18.765. This request does not involve a change requiring additional parking. Therefore, this criterion does not apply. Page 1 of 4 13125 SW Hall Blvd. o Tigard, Oregon 97223 ® 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard- or.gov 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. This request does not involve a change in the type of commercial structure. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20 percent. This request does not involve a change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of accessways and parking areas where off -site traffic would be affected. This request does not involve a change in the type and location of accessways or parking areas. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. This request does not involve an increase in vehicular traffic. Therefore, this criterion does not apply. 8. An increase in the floor areas proposed for a non - residential use by more than ten percent excluding expansions under 5,000 square feet. This request does not involve an increase in floor areas. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common open space and /or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. This request does not involve the reduction in open space areas. Therefore, this criterion does not apply. 10. A reduction of project amenities (recreational facilities, screening; and /or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. This request does not involve a reduction in project amenities. Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. This request does not involve a modification to the conditions imposed at the time of Site Development Review approval. Therefore, this criterion does not apply. This request is determined to be a minor modification to an existing site. The Director's designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental or injurious to surrounding properties provided that, development which occurs after this decision complies with all applicable local, state, and federal laws and the following conditions of approval: ANALYSIS: The applicant requests to memorialize the unused Vested Trips that were previousl approved for the existingg Mall,the Washington Square Expansion (SDR2003- 00012) and those that are tied directly to the unleased development at the Fringe Properties including the theater building and Cucina Cucina restaurant. The objective is to allow redevelopment of Fringe Properties and /or development of currently unused or unleased space in the Expansion Area to occur without further im act to the surrounding transportation system that has already been evaluated and approved as part of previous development applications. The result would postpone the need for a formal transportation impact analysis until the Vested Trips were exhausted. The City agrees, in principal, with the applicant's assertion that the Vested Trips in the existing Mall, Expansion Area and the Fringe Properties exist and could be used within the overall Mall property. However, practically, it appears that existing Mall and Expansion Area trips would be used to supplement existing Fringe Property trips upon redevelopment of the Fringe Properties. Since the existing trips in the Fringe become available upon demolition of the existing buildings, and can be used within the Site Development Review process for those sites, there is no need to otherwise account for the Fringe Properties Vested Trips. December 17, 2009 2 Minor Modification Request, MMD2009 -00033 The Tigard Development Code (TDC) does not prevent the reassignment of Vested Trips. However, within the Expansion Area, the fact that an existing space is "unused" or "unleased," whether by an owner's choice or an lability to lease it, does not constitute a basis upon which the City can re- assign trips. Although development of some parts of the Expansion area may require the issuance of building permits, through which an allocation of Vested Trips could be made, other areas such as storage areas may not require a permit prior to their use. This suggests that the City could approve the applicant's request to transfer trips for spaces identified as "unused" if a means can be agreed upon to designate a space as "not leaseable" under this Minor Modification permit. In the future, a request to return the space to "leaseable" status would similarly require a Minor Modification permit. The applicant proposes a trip debiting memorandum to account for Vested Trips aplied to future redevelopment. The City agrees that such a memo would be useful for tracking the use of e existing Mall Expansion Area Vested Trips for future redevelopment of Fringe Properties. Kittelson & Associates, Inc. memorandum dated December 16, 2009 establishes that the unbuilt and unleased space in the existing Mall, Mall Expansion Area, and Fringe Properties account for 215 weekday PM peak hour trips (Vested Trips), with the Expansion Area only accounting for 50 Vested Trips. This minor modification applies only to the Washington Square Mall Expansion approval (SDR2003- 00012). Any redevelopment of the Fringe Properties will require a site development review process that will determine the number of trips generated by the proposed use. If Vested Trips are available, a' Trip Debiting Memo" will summarize the number of Vested Trips applicable to the proposed use and the number of remaining available Vested Trips for either the redevelopment of the Fringe Properties or the development of the Expansion Area. Any use /development of the "not leasable" Expansion Area will require the issuance of a Minor Modification permit in addition to any required building permit) to determine the number of trips generated by the proposed use. I Vested Trips are available, a "Trip Debiting Memo" will summarize the number of Vested Trips applicable to the proposed use and the number of remam' m available Vested Trips. Once all of the Vested Trips have been exhausted, any redevelopment of the Fringe Properties and /or use of the Expansion Area may require a formal transportation impact analysis prior to site development review approval or the issuance of a building permit. In addition, the City understands that the Transportation Impact Fee �IF) was not paid by Macerich for any Washington Square Expansion Areas that have not been leased (Kevin pperson Email dated October 9, 2009). Fees will be required to be paid at the current Transportation Development Tax (TDT) rate when Vested Trips are allocated to specific development projects at the time of building permit issuance. THIS APPROVAL RECOGNIZES 50 WEEKDAY PM PEAK HOUR VESTED TRIPS FOR THE WASHINTON SQUARE MALL EXPANSION AREA. PLEASE 'SUBMIT A COPY OF THIS LETTER AND A TRIP DEBITING MEMORANDUM WITH MINOR MODIFICATION PERMIT APPLICATIONS FOR REUSE /DEVELOPMENT OF THE WASHINGTON SQUARE MALL EXPANION AREA AND WITH SITE DEVELOPMENT REVIEW APPLICATIONS FOR THE REDEVELOPMENT OF THE FRINGE PROPERTIES. THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. CONDITIONS: 1. The applicant shall submit a Plan depicting the built areas and a Plan depicting the unused areas that identify "not leaseable" space ("Not Leasable Plan ") of the Expansion Area previously approved through SDR2003- 00012. Future use of the "not leasable" areas will require a Minor Modification application that includes the amended Not Leasable Plan and a Trip Debiting Memorandum. December 17, 2009 3 Minor Modification Request, MMD2009 -00033 2. The applicant shall submit a "Trip Debiting Memorandum" for review and approval by the Planning Department for future use of Expansion Area Vested Trips at such time Vested Trips are allocated to redevelopment of the Fringe Properties through the site development review process. If you have any questions, please feel free to call me at 503 - 639 -4171 ext. 2434. Sincerely, 7 Gary Pagenstecher Associate Planner c: SDR2003 -00012 Land use file December 17, 2009 4 Minor Modification Request, MMD2009 -00033 APPENDIXF l KITTELS ®N & A ssocIATES, VNk� . T R A N S P O R T A T I O N E N G I N E E R I N G / P L A N N I N G 610 SW Alder Street, Suite 700, Portland, OR 97205 503.228.5230 503.273.8169 MEMORANDUM Date: June 3, 2010 PRO Fs roject #: 11070.0 To: Gary Pagenstecher F �'� ��GIN i City of Tigard - Planning 13125 SW Hall Boulevard 60404P Tigard, Oregon 97223 -^�' OREGON From Chris Tiesler, P.E. ���f °n 20 °� �� v3.d: Pr oject: Washington Square H &M Store srOPHER Subject: Trip Debiting Memorandum EXPIRES: 6 /30 /,20lZ The purpose of this memorandum is to provide required documentation regarding a proposed H &M store to be located at the Washington Square mall and address Sections 18.810.030(AC) and 18.705.030(H) of the Tigard Community Development Code. The H &M store would be constructed in the site of the former Ruehl space in the older portion of the mall. The proposed store will add a mezzanine /second level and will also use some of the upper level expansion area for storage purposes. Figure 1 shows the site vicinity and the store location within the mall. As documented in this memorandum, there are sufficient trips already vested to the site to accommodate the proposed development and no additional trip vesting or traffic analysis is required. Background The City of Tigard recently approved a Minor Modification (Case File No. MMD2009- 00033) to the Washington Square Mall Expansion Site Development Approval (SDR2003- 00012) located at 9585 SW Washington Square Road; WCTM 1S12600, Tax Lots 300,301 and 400; 1S126CO, Tax Lot 1107; 1S126BC, Tax Lot 900; 1S126CB, Tax Lots 100 and 500. The objective of the Minor Modification was to memorialize vested trips and enable future development and /or redevelopment of the overall Mall property, specifically noting that no additional traffic impact analysis would be required for such development provided that the vested trips are not exhausted. As a condition of approval, a trip debiting memorandum is to be supplied for site development review applications such as this one. Proposed Development Plan The Macerich Company proposes to develop an 18,817 square -foot H &M store in the former Ruehl space in the existing Washington Square mall. The store will consist of 9,428 square -feet of ground floor space (existing), 7,034 square -feet of mezzanine space (new), and 2,355 square -feet of storage in the new expansion area of the mall (new), for a total of 9,389 new square -feet. The proposed development is expected to be constructed and occupied later this year. Figure 2 shows the proposed site plan. FILENAME: H: \PROIFILE\11070 - WASHINGTON SQUARE MEZZANINE ADDITION\REPORT\FINAL \11070REP1_FINAL. DOC Washington Square H &M Store June 2010 O�SCALE) 4x Y � g v ' 45' � p. PROPOSED STORE LOCATION v 4 P Y n u � .f r ry ` 2 � 0 co g WASHINGTON SQUARE MALL SITE TIGARD, OREGON 'VA KITTELSON & ASSOCIATES, INC. TRANSPORTATION ENGINEERING/ PLANNING 0 0 0 Washington Square H &M Store June 2010 �o' m c01110N AREA +' +' I I e11• 4 . _ � zr EXISTING SQUARE PTO I FOOTAGE _ U� H07 T 94_2 S.F 1d g NEW SQUARE I MEZZANINE FOOTAGE LE V ; _ 7034 F. _ � _�aTRUC1uRA� -, wa i1 117 W STORAGE W2( �(PA M^ AREA , AREA EXIsn G 2355 S.F C A OFFICE EL MEIJt iTA WBIBfiYA x 9RACw0 w s g 1st FLOOR - EXISTING 2nd FLOOR 8 SCALE: 1" = 50' MEZZANINE FIRST LEVEL= 9428 SF SCALE: 1"= 35' SECOND LEVEL= 2355 SF MEZZANINE = 7034 SF TOTAL= 18,817 SF `s PROPOSED H &M STORE SITE PLAN WASHINGTON SQUARE MALL TIGARD, OREGON K KITTELSON & ASSOCIATES, INC. TRANSPORTATION ENGINEERING/ PLANNING H &M Store Project #: 11070.0 June 3, 2010 Page 4 Previously Entitled Trips The Minor Modification (Case File No. MMD2009- 00033) to the Washington Square Mall Expansion Site Development Approval memorialized vested trips for the overall Mall property, specifically noting that no additional traffic impact analysis would be required for such development provided that the vested trips are not exhausted. Table 1 summarizes the total number of entitled net new trip ends available for the entire Washington Square mall site. Table 1 Total Available Entitled Trips - Trip Bank Weekday PM Peak Hour Trips Washington Square Mall Total7 In Out Mall Subarea Entitled Trips 65 30 35 Fringe Subarea Entitled Trips 150 90 60 Square Too Subarea Entitled Trips 0 0 0 TOTAL ENTITLED TRIPS 215 120 95 As shown in Table 1, the approved "trip bank" includes a total of 215 vested weekday p.m. peak hour trips (120 inbound; 95 outbound) that can be used to facilitate future development and /or redevelopment of the mall property. Consistent with previous land use decisions, a Shopping Center designation is applied to proposed uses within the store. Only 9,389 square -feet of retail space is considered "new" out of the total 18,817 square -feet, because 9,274 square -feet already exists on the ground floor of the mall today (former Ruehl space). Table 2 summarizes the total number of net new trips ends attributable to the store. All estimates have been rounded to the nearest five trip ends. Table 2 Estimated H &M Store Trip Generation ITE Size Weekday PM Peak Hour Trips Land Use Code (square feet) Total In Out Shopping Center 35 15 20 820 9,389 Pass -by Trips (34 %) (10) (5) (5) Net New Trips 25 10 15 'Average rate calculation. As shown in Table 2, the proposed store will generate 25 net new trips (10 in, 15 out) during the weekday p.m. peak hour. Kittelson & Associates, Inc. Portland, Oregon H &M Store Project #: 11070.0 June 3, 2010 Page 5 Trip Debiting Process Table 3 shows the trip generation impact of the proposed development against the available number of vested trips during the weekday p.m. peak hour. Table 3 Trip Debit Calculation - H &M Store Weekday PM Peak Hour Trips Washington Square Mall Total In Out Total Entitled Trips - Trip Bank 215 120 95 (see Table 2) H &M Store 25 10 15 TOTAL REMAINING ENTITLED 190 110 80 TRIPS As shown in Table 3, after subtracting the H &M trips from the available number of vested trips in the "trip bank ", 190 net new weekday p.m. peak hour trips (110 in, 80 out) remain in the trip bank for future development /redevelopment of the entire Mall property. Therefore, no further traffic analysis is required and the development complies with Section 18.810.030(AC) of the Tigard Community Development Code. Access Management No new accesses are proposed in conjunction with the H &M store, as the store will be located within the existing mall. Further, no new trips beyond those already contemplated in previous analyses of site - access points are proposed. As such, no access evaluation to address Section 18.705.030(H) of the Tigard Community Development Code is warranted at this time. Conclusion We trust this memorandum adequately documents the trip debiting requirements laid forth in the Minor Modification (Case File No. MMD2009- 00033) decision and addresses Sections 18.810.030(AC) and 18.705.030(H) of the Tigard Community Development Code. If you have any questions, please call us at (503) 228 -5230. Kittelson & Associates, Inc. Portland, Oregon