Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
MMD2008-00006
MMD2008 00006 MCCORMICK & SCHMICK' S SEAFOOD RESTAURANT • City of Tigard, Oregon 13125 SW Hall Blvd. • Tigari -)R 97223 • •• . • May 14,2008 TI+GARD Chris Nestlerode 715 SW Morrison Street, Suite 909 Portland, OR 97205 RE: McCormick&Schmick's Seafood Restaurant Minor Modification Request Case File No. MMD2008-00006 Dear Mr. Nestlerode: This letter is in response to your request for a Minor Modification approval (MMD2008-00006) of previously approved plans for McCormick&Schmick's Seafood Restaurant located at 17015 SW 72nd Avenue, WCTM 2S113AC, Tax Lot 1201. The site is part of the Durham Quarry special planning area, which was established through amendments to the zoning map and comprehensive plan and ultimately designated as the MUG 1 zone. A predominant portion of the MUG-1 zone is in the City of Tualatin, with only a single parcel lying within Tigard. Through an intergovernmental agreement, the City of Tualatin was initially responsible for reviewing land use proposals for this district. The Bndgeport Village project was approved on an appeal to the Tualatin City Council. That decision is final. The intergovernmental agreement stated that following the initial review, subsequent approvals would be the responsibility of the corresponding jurisdiction. A search of City records revealed several sign permits issued for the various businesses on the parcel. In 2005 a Variance was issued to allow a sign to extend above the roofline at Regal Cinema. No other land use cases were found. The current request is to replace a landscaping area on the north side of the McCormick and Schmick's restaurant with an outdoor seating area. The proposed area is 606 square feet. Analysis of 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 proposal does not involve residential property. Therefore,this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. This criterion is not applicable, as this request does not involve a residential development. Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 r 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The minimum parking requirement for an Eating and Drinking Establishment is 15.3 spaces per 1,000 square feet of floor area. The uncovered patio area is not defined as floor area under 18.120 (Definitions) of the Tigard Development Code. Therefore, no additional parking is required for this proposal. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural type of the buildings is proposed. This criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The proposal is the addition of an uncovered patio. No changes are proposed to the height of the building. 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. No changes to the access and egress driveways are proposed. Off-site traffic will not be affected by the building square footage reduction. 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 states the additional dining area will increase the dining capacity by less than 1,000 square feet resulting in no more than 10 additional vehicle traps at any time. This number was based on the minimum number of required parking spaces for a 1,000 square-foot addition to a fast-food restaurant outlined in Table 18.765.2 of the Tigard Development Code. Parking spaces and vehicle trips are not the same. The formula for calculating Traffic Impact Fees for developments utilizes information from the Institute of Transportation Engineers Trip Generation Handbook. Trips for a good quality dining establishment are estimated at 95.62 per 1,000 square feet of area. If the proposed outdoor dining area is 606 square feet, then the estimated vehicle trips per day are approximately 60. This is less than 100 vehicle trips per day, therefore this criterion is satisfied. 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. As noted above, an uncovered patio is not considered floor area. Even if it were, the expansion is approximately 606 square feet. This standard is met. 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. There are no areas reserved for common open space within this development. This standard 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. As stated above the approval for Bridgeport Village was issued by the City of Tualatin. Landscaped areas for this parcel include the adjacent parking lot, parcel boundary, nearby entry points, and the plaza area for Regal cinema. The applicant has provided information about the landscaping surrounding the McCormick & Schmick's building and parking area. The applicant states that 7,432 square feet of landscaping is provided. Creating an outdoor seating area reduces the landscaping by 576 square feet or 7%. This criterion is met. Page 2 of 3 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above this subsection. The original site plan was approved by the City of Tualatin. This application does not seek modification to conditions imposed by that approval. This criterion is met. 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, nor injurious to surrounding properties,provided that development which occurs after this decision complies with all applicable local, state,and federal laws: This request for Minor Modification approval is hereby granted. If you need additional information or have any questions, please feel free to call me at (503) 639-4171 ext.2437. Sincerely, C,Jt4 � Cheryl Caines Associate Planner Page 3 of 3 V---- l .CITY of TIGARD i I GEOGRAPNiC i:FOR MATtON SYSTEM i i VICINITY MAP MIVD2008-00006 i "if 1111, mcammicK. & r ' 11 Z SCHMIC S n a si SEAFOOD RESTAURANT „A tL 1 i 11\ Z m rr 1 i L Cr Q. j LEGEND: j SUBJECT _ I I I I r 2 SITE at -- 1atLORS F'•_i 6410Aftiorirtj F : oF : f 4,,,Rt:.: ' 6.4' .41111Firlia e GNna £![ •9141 BEEF aE.ND itp„ // • nV-RF.AA1 1 err i Tigard Area Map ll//LLJJ I i411111111 N • a l , 0 -100 200 300 400 500 Feet 1 t „ k t"=391 leet Al , op9 ...,,.- . G �RiBGE' 0 Information on this map is for general location only and 81N should be verified with the Development Services Division. IA 13125 SW Hall Blvd ��� z O (503)639-4171 w http:th v.ci igard.or.us Community Development Plot date:May 14,2008;C:Imagic\MAGIC03.APR r-•••••■••••■■■■•....immown.61 . I ..•-• •.,\ . . ..• 1 tf9 1 r 1 \ . t 1 1 1 —J ....,...> .3... . . I ff-- • . • j_. -—.-7.-...,....,..,.... I * " 1.„ i I . • .... i . . -.. 1 I ij i . 110 cc V kid , .N. ; ta. :••?. ;....- ........„,„. i •-■....._ - I arl.\_, '<c• Q ' 1 i -10- .---" --- -"4:-.•"'"•""r,t. "'...7.7 :....-.0-4.....7.7v5,90.1.0.00Pre—...i.A004.4./4.0.- , .. ,1:..r...-n-raitilrEarituatilir:sti. ),,,,,tzt4,;„,.„....1:04„.„"A.......",,,,,#Awc, „xicap"..440,:ree se,„"0, 0911111111111111P1141141111.1"are4:44•417V414147,1;443+4ZW•1:17:1,0;;;;IMerVvi Iteig; 4-itilidipP. 00 It. Nt.4:4440-4V.I.440.4%,•40.4%*".40U10.....1.0404,V.U.VP.:1 Wt. sve jr,c4V-%.7." -1 1:3 -s....s■.s _ ,e‘i;. ., I) Li I 1 *III . -....--,-..,-.--,,,------1;..V..v74-op••••vtlIP•IV•11P•iv euv • . • ' -I- )04%fa IptlItgl 414,040 I 0"Oti$V.A..",1040401,44: .N/ ' .•(( III ,11 j i /11011P 0% - a I _ ,-1-14.14.*.rikon-^:--6-14/014-._11'...-0....L_Allh....-A-.....4-_.-a--. . 11tr•• •. ........-12._=..... - ,.K.4 I c )1( 1 2 11 I 0,1111 0.P- 0 11,*,T.,.41.1.,.411....tsewAp,r--...,......-..-.......... . . ..: ............_r., i„iiil *.... ._..4-....i.,„„... it-;,Y.Z.-=.....6=......17.7-....«.--1....- 444, I L i ) Air alik ,,,.----,-;';'-'-- 4.---- ' • I , I .)1 i 41/1000 irk/ 41 ciP' ,./"#* -5 :..,- i co i 11111 Aft -- . . all'*1 TV ,,...:..,..„..., 440 0 caz 1 0 t. t4 ,.,, (t:", sa.11 t„.-1 1... r•t. V i .;,:...?...,...,.,,,......_amer....,,_ .4 . .... , 1111 .**I.. ''.,-An-7—',jail Faliteligi,;< lt':• 'U apt=A 04401 tte■T I V'40 r • / . pia ''. :•.•-t.-•...,1■44. -A! .::* A I I.. I..' . ':',,,,%1:•r•• gr..4.:, .1•S• .;:.:,..: 0411 N'at:-...- f.0•:!...L.' . ..- ' 0::-.s.•i'l- .--,„•'..7......- ,, ; :'t:] 4,-,: • , ..., r-,:•;,;;-...., . •.'"'. ..... ,„-- ' ' 0,-4•:ert...1:•::7;:,..,. ,....-....;•:.••.:,- 2•••:••••,-- to, , 1 , 0.".;;...•.,"'.... •?....,".et.i'••••..."),-..,:,',.';., i• - ,„..-.. ,,,,„=„., , ...4....;•,.. ."-::,4,-;. •!..i.-.e:',•;..- :-...;.:_i.,.;-.4-,7 to,_ + -f- - -- - gweergi ___.,_146124.,Adogob . It /4-4- •+I? .■. , . . • t.. ... , 4161111 NU ' ‘11101* IIIKIIII. ■ ow 010....AUIL. JO . • -.. ,,. . , ,,I, ,, , ,,„,, 1 i 0 -;:'''''?*?'' .'''......V ;"....':':• I lialitalb....■-- j I ,"•'..)$'.. t-- _J • ---- --- . -- _.. _ ,_ -_,_ 041* 4-1 Si I '04 r" •... • %. "... .,,,iy .....) ...... .‘, , . .... .. . . . , .•. ••.. Ipp! AFFIDAVIT OF MAILING I, Patricia L. Lunsford,__being. first duly sworn/affirm, on oath depose and say that I am a Planning Administrative Assistant for the City of Tigard, Washington County,Oregon and that I served the following: © NOTICE OF DECISION FOR MMD2008-00006/MCCORMIC &SC MCK'S SEAFOOD RESTAURANT (File No/Name Reference) AMENDED NOTICE E 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 May 14,2008,and deposited in the Unite. _ es Mail on May 14,2008,postage prepaid. /4voz,,, (Person that pared otice STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the i� day of kt ,2008. t OFFICIAL SEAL SHIRLEY L TREAT ) , r NOTARY PUBLIC-OREGON ( COMMISSION NO. 25, `�/ MY COMMISSION EXPIRES APRIL 25,2011 N ARY PUB C OF OREGON My Commission Expires: L/a-.51l I EXHIB City of Tigard, Oregon 13125 SW Hall Blvd. • Tigara, JR 97223 . - May 14,2008 T I GARD Chris Nestlerode 715 SW Morrison Street,Suite 909 Portland,OR 97205 RE: McCormick&Schmick's Seafood Restaurant Minor Modification Request Case File No. MMD2008-00006 Dear Mr. Nestlerode: This letter is in response to your request for a Minor Modification approval (1vIMD2008-00006) of previously approved plans for McCormick &Schmick's Seafood Restaurant located at 17015 SW 72nd Avenue, WCTM 2S113AC, Tax Lot 1201. The site is part of the Durham Quarry special planning area, which was established through amendments to the zoning map and comprehensive plan and ultimately designated as the MUG 1 zone. A predominant portion of the MUG 1 zone is in the City of Tualatin, with only a single parcel lying within Tigard. Through an intergovernmental agreement, the City of Tualatin was initially responsible for reviewing land use proposals for this district. The Bridgeport Village project was approved on an appeal to the Tualatin City Council. That decision is final. The intergovernmental agreement stated that following the initial review, subsequent approvals would be the responsibility of the corresponding jurisdiction. A search of City records revealed several sign permits issued for the various businesses on the parcel. In 2005 a Variance was issued to allow a sign to extend above the roofline at Regal Cinema. No other land use cases were found. The current request is to replace a landscaping area on the north side of the McCormick and Schmick's restaurant with an outdoor seating area. The proposed area is 606 square feet. Analysis of 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 proposal does not involve residential property. Therefore,this standard does not apply. 2. A change in the ratio or number of different types of dwelling units. This criterion is not applicable, as this request does not involve a residential development. Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The minimum parking requirement for an Eating and Drinking Establishment is 15.3 spaces per 1,000 square feet of floor area. The uncovered patio area is not defined as floor area under 18.120 (Definitions) of the Tigard Development Code. Therefore, no additional parking is required for this proposal. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. No change in the structural type of the buildings is proposed. This criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The proposal is the addition of an uncovered patio. No changes are proposed to the height of the building. 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. No changes to the access and egress driveways are proposed. Off-site traffic will not be affected by the building square footage reduction. 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 states the additional dining area will increase the dining capacity by less than 1,000 square feet resulting in no more than 10 additional vehicle traps at any time. This number was based on the minimum number of required parking spaces for a 1,000 square-foot addition to a fast-food restaurant outlined in Table 18.765.2 of the Tigard Development Code. Parking spaces and vehicle trips are not the same. The formula for calculating Traffic Impact Fees for developments utilizes information from the Institute of Transportation Engineers Trip Generation Handbook. Trips for a good quality dining establishment are estimated at 95.62 per 1,000 square feet of area. If the proposed outdoor dining area is 606 square feet, then the estimated vehicle trips per day are approximately 60. This is less than 100 vehicle trips per day, therefore this criterion is satisfied. 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. As noted above, an uncovered patio is not considered floor area. Even if it were, the expansion is approximately 606 square feet. This standard is met. 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. There are no areas reserved for common open space within this development. This standard 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. As stated above the approval for Bridgeport Village was issued by the City of Tualatin. Landscaped areas for this parcel include the adjacent parking acent parkin lot, parcel boundary, nearby entry points, and the plaza area for Regal cinema. The applicant has provided information about the landscaping surrounding the McCormick & Schmick's building and parking area. The applicant states that 7,432 square feet of landscaping is provided. Creating an outdoor seating area reduces the landscaping by 576 square feet or 7%. This criterion is met. Page 2 of 3 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria (B). 1 through 10 above this subsection. The original site plan was approved by the City of Tualatin. This application does not seek modification to conditions imposed by that approval. This criterion is met. 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, nor injurious to surrounding properties,provided that development which occurs after this decision complies with all applicable local, state,and federal laws: This request for Minor Modification approval is hereby granted. If you need additional information or have any questions, please feel free to call me at (503) 639-4171 ext.2437. Sincerely, CjAulL Cheryl Gaines Associate Planner Page 3 of 3 i .CITY of TIGARD GEOGRAPIIHIC INFORMATION SYSTEM VICNTY MAP i MMD2008-00006 EA mg MCCORMIC K & SCFIIICKS AIL Itii1'thila SEAFOOD I rit..ilipiSW STAURANT rig" x , co 0 0 I (—± ••j I LEGEND: a - SUBJECT SITE 01.6114.451111 - -ti _ifil amp ., ao, AW lit UPI ~ M—R �/ 9onrra i Ili \<, Tigard Area Map • . / / 0 100 200 300 400 500 Feet/- -■-_ �. / \ 1'=391 feet 14111 lel' �.� TIGARD•..0 • !miwZI. •- c•=•.° `+' Information on this map is for general location only and MOM should be verified with the Development Services Division. 0 , 13125 SW Hall Blvd �0 Ti(503,63 9171 (503SW Hall B http:t www.ci.tigard.or.us Community Development Plot date:May 14,2008;C:\magic\MAGIC03.APR r 7 , 7 . /,,, s\ • + l I 1 ii . 1 ,. 1 1 0 ? ki-)1 \ l -`. A .i Q :.;:'i rir IfthiZt�/i- �wi.� .w^ :i'4.:w.�. c�-w:.=i9`,iy',,-sy�'?.i'& . ♦ •e. ,y ► i Cl. d ioil � � Nisi linnILiM"`..•, . ";:. iiy0LI OI s" r�: dL. PI / I ��� 0.. 11t41..-:-,...m.4....0"4.4.,44;s is ►d �'I • *►ir.:ti w�♦►�'i1'i. I �I' . r w; r-, , � ' p� ,ra/l,�lfi/_t�IIM�_t��fi►I,I���1 tit r n*.s .f any, s. lop , 1 t©0 its , ,t X3,.41`., /t"N 11"4rit$�1 1�dt Ni v of i # .. �„okg ��.... _,.���.__. ,ice. t 71 f )1({ ti .z . b -! , fill _ .:ET il :try 7, ____-- le,, , . I •1 L!” : .- R�..-t.' ,� ` (E� SI)Fw tk iIC LOCO, Ear •:- (S) AyC D c"t4" jj t to A tit R 1 t R °14 Y LT $ ,«:,•O 7'2-1 (N) 3C, +t twt. I f2%1'\• ' r ; '. Q.,l.•a-(4 '•?st x.•71_ . rg.41- 44010 iiiiiN:,.,lif;:-.4.::..,. . . iii\„ 1 f ing*::-..:::.:.SONAIX •e • a..;• . :.,,.•,.Ems. — r„,„.......,„,„,„,..--_,............ . �---- r y +;:� •`•f♦. -��',,41. n ��%.� •�1 �• �.� ti/►�/k- �y b 1 II/ga/A�lam ' ,r' � .•• ..:* . ,,. .:9 - 364. tom /� :�� • ll ,i /aa /o . ,� :.-L-: � ,, : ' a v�hslWa�y�bir • .. r..F. . I (illy I.J5 \ -.... „ k EXHIBIT BV Centercal LLC MMD2008-00006 Atten:Fred W. Bruning MCCORMICK&SCHMICK'S SEAFOOD 7455 SW Bridgeport Road#205 RESTAURANT Tigard, OR 97224 Chris Nestlerode 715 SW Morrison Street,Suite 909 Portland,OR 97205 BV Centercal LLC MMD2008-00006 Atten: Fred W. Bruning MCCORMICK&SCHMICK'S SEAFOOD 7455 SW Bridgeport Road#205 RESTAURANT Tigard,OR 97224 Chris Nestle rode 715 SW Morrison Street, Suite 909 Portland, OR 97205 2S113AC-01201 BV CENTERCAL LLC /) � )/���� ATTEN: FRED W BRUNING v F b!1V/""'`-� 7455 SW BRIDGEPORT RD#205 TIGARD,OR 97224 1)Mjitt MINOR MODIFICATION TYPE I APPLICATION City of Tigard Permit Center 13125 SW Hall BIw.L, Tigara OR 97223 Phone. 503.639.4171 Fax: 503.598.1960 GENERAL INFORMATION Property Address/Location(s): 1100 ow 12nd. 1RR. FOR STAFF USE ONLY Tax Map &Tax Lot#(s): &St l 3 M G-b1 2O Case No.(s) _ M M9- .4131?10 JdU fo Site Size: •,, , ' Other Case No.(s): Applicant* : p thOr f I 4 11 11 V1� Receipt No.: Address: 115 ISO M S . &0�1 1T Wt% 01 p ��� — ( �y� City/State: '�O$T4rM� 4 OIL Zip: 1/20c' Application Accepte By.. X 1. ZO et Date: 4/�/v'6 Primary Contact: C�1� NS.ST �. Phone: StAa• Z 4I'114A Fax: 9:4. 2 zi.D eZL Date Determined Complete: 5 5- O"a Property Owner/Deed Holder(s)*: (Attach list if more than one) EN Gthity l�UiU• (S tE ?�5 Rev.7/1/07 c\v.7/1/masreaVand use applications\minor modifitarion app.doc Address:14GS SW 1/1 .Phone: •i • City/StateTj/ J Q��V+ Zip: �1Z When the owner'and the applicant are different people, the applicant must be the REQUIRED SUBMITTAL ELEMENTS purchaser of record or a lessee in possession with written authorization from the owner (Note: applications will not be accepted or an agent of the owner. The owner(s) must sign this application in the space provided without the required submittal elements) on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY 12' Application Form The owners of record of the subject property request permission for a Minor Modification. To review a modification as a Minor Modification, the Director must R--- ens Signature/Written Authorization first find that the expansion does not invoke one or more of the 11 criteria discussed Title Transfer Instrument or Deed gcva within Section 18.360.050(B) of the Tigard Development Code. If the modification p—4.,....i ft i-/<... exceeds the maximum allowed under any one or more of the following criteria,a u— Site Development Plan(3 copies) "I,.? Major Modification review is required. Major Modifications are processed in the same manner as a new Site Development Review. In a separate letter, please Site/Plot Plan(reduced 81/2"x 11D address the criteria below contained in Section 18.360.050(B) including a detailed Applicant's Statement(3 copies) response to each criteria. (Addressing Criteria Under Section 18.360.050(B) 1. An Increase in dwelling unit density or lot coverage for residential development. Filing Fee $574.00 2. A change in the ratio or number of different types of dwelling units. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. 4. A change in the type of commercial or industrial structures as defined by the In addition,the Director must find that the proposed Uniform Building Code. change complies with the underlying standards of the 5. An increase in the height of the building(s)by more than 20%. applicable zoning district. To complete this review, 6. A change in the type and location of accessways and parking areas where off-site the Applicant's proposal must include a discussion traffic would be affected. indicating how the site expansion will continue to 7. An increase in vehicular traffic to and from the site and increase can be expected comply with the minimum setback, building height, to exceed 100 vehicles per day. parking land landscaping standards. Other 8. An increase in the floor area proposed for a non-residential use by more than applicable requirements such as minimum Clear 10%excluding expansions under 5,000 square feet. Vision areas near driveways and street intersections 9. A reduction in the area reserved for common open space and/or usable open may also be applicable depending on where the space that reduces the open space area below the minimum required by this building expansion is proposed to be constructed on code or reduces the open space area by more than ten percent. the site. 10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below the minimum established by this code or by more than 10%where specified in the site plan. 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of Criteria 1 through 10 above. APPLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (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 any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,and maybe 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 I day of Pt i'vU ,20 er's Sig I Owner's Signature Owner's Signature Owner's Signature Cheryl Caines From: Chris Nestlerode [chris @barryrsmith.com] Sent: Monday, May 12, 2008 12:18 PM To: Cheryl Caines Subject: RE: McCormick & Schmicks Attachments: LANDSCAPE CALCS.pdf Cheryl, If I include just the landscaping for the parking that is used for this building it adds and additional 3,664 sq. ft. of landscaping for a total of 1.4-3-Z sq. ft. of total landscaping. 74431 bay { G ; pic. ,l.dJ plc., 576 / 7434 = .0775 = 7% of the landscaping being removed, this calculation meets the 10% threshold. Please contact me with any additional questions. I have included a PDF of the calculations for your refernece. Thanks, Chris Nestlerode Barry R. Smith, PC Architect 715 SW Morrison Street, Suite 909 Portland, Oregon 97205 tel: 503-241-7966 fax: 503-229-0626 email: chris(a�barryrsmith.com From: Cheryl Caines [mailto:cherylc @tigard-or.gov] Sent: Thursday, May 08, 2008 5:14 PM To: 'chris @barryrsmith.com' Subject: RE: McCormick & Schmicks The original approval was done by the City of Tualatin, so we have no information/plans for the project. From: Chris Nestlerode [mailto:chris @barryrsmith.com] Sent: Thursday, May 08, 2008 3:38 PM To: Cheryl Caines Subject: RE: McCormick & Schmicks Do you have on file at the city the plans for Bridgeport? I know that part of it is Tualatin and the other is Tigard, so perhaps I would have to get information from both jurisdictions to determine the total landscaping. Thanks, Chris Nestlerode Barry R. Smith, PC Architect 715 SW Morrison Street, Suite 909 Portland, Oregon 97205 tel: 503-241-7966 fax: 503-229-0626 email: chrisbarryrsmith.com cni - ir - I EXISTING LANDSCAPED 4; . IV- —r Alik " _r . • 4 sr Cr c a 4,40.0:„.,.., ..„ , 300 SQ. FT, ,��� • �� 4 \ (E) LA ' 14S SQ. mil. :\ \ �: � - ' \, �� ; c (E) LANDSC A .. :' °°`�.\\* '�\ 428 ‘‘ _ 4:%%414)141 '- . 44 0 R;n: 46 SQ.FT. 7 . ; q " "* . kr :. . \ (E) LANDSC!PE 7 /I -, \. ' 208 SQ. . . '�1.,: t. 411)610:'' .. . - ---4 I L ' 144>k, %.„ . 4 /..- 'r , (E) LANP5'' =�' .2 ✓Q. `\� r (E) L1 tD GAPS r i„ , 4. , (E) LANDSCAPE • 4°.� ' // `;�> _ 7 di 995 SQ. FT. * 1 .0 „,-. i N - , ., . - _. 0., ‘,./ ick ''` �' (E) LANDSC•1,. 1,M1/1" . \ „ 1662 Sa FT. 0 .1. �`,.. : (E) LANDSCCA „ r i Nviihollib ` _ X/ 432 SQ. PT_ EXISTING LANDSCAPING = 7,434 SQ. FT. TOTAL LANDSCAPING REMOVED = 576 SQ. FT. PRECENTAGE REMOVED = 576 / 7,434 = .077 = 7% NoRTl- s4 VACINITY MAP / SCALE: 1" = 30`-0" From: Cheryl Caines [mailto:cherylc @tigard-or.gov] Sent: Thursday, May 08, 2008 3:31 PM To: 'chris @barryrsmith.com' Subject: RE: McCormick & Schmicks Chris, The reduction of project amenities (landscaping) by more than 10% (15% in this case) requires the modification to be a major modification rather than a minor modification. I don't think the proposed change actully warrants such an application, but based on the code that would be required. Can you show that the reduction to the total landscaping for the parcel (2S113AC-01201) or the project (Bridgeport Village) is not more than 10%? Thank you, Cheryl From: Chris Nestlerode [mailto:chris @barryrsmith.com] Sent: Tuesday, May 06, 2008 4:03 PM To: Cheryl Caines Subject: RE: McCormick & Schmicks See answers below. Thanks, Chris Nestlerode Barry R. Smith, PC Architect 715 SW Morrison Street, Suite 909 Portland, Oregon 97205 tel: 503-241-7966 fax: 503-229-0626 email: chrisbarryrsmith.com From: Cheryl Caines [mailto:cherylc @tigard-or.gov] Sent: Monday, May 05, 2008 2:31 PM To: 'chris @barryrsmith.com' Subject: McCormick & Schmicks Chris, I am reviewing the Minor Modification for the Bridgeport Village McCormick&Schmick's restaurant. I just have two questions. If you could please e-mail back a response with the following information, I'll be able to finish the review. Vehicle trips You state that if the dinin capacity were increased by less than 1,000 sq. ft., the result would be no more than 10 additional vehicle trips. Is this per day? What information is this based upon? ITE? Numbers provided by the restaurant? About how many tables do you expect to be in the space? I took the numbers from the tables in the development code, treating it as if it were an addition. The code states if the space is less than 1000 sq. ft. use 10 trips per day. The total number of tables added is (7) 4 seated tables, (1) 6 seated table, and (3) 2 seated tables, a total of 40 individuals 2 Landscaping What percentage of landscaping is being lost? Will you please provide the amount of landscaping around the M & S building? Total landscaping not including street planning strip is 3768 sq. ft. total existing 576 sq. ft. / 3768 sq. ft. = .15286 sq. ft. = 15.2% landscape is being removed. Please let me know if you have any questions. Cheryl Caines Associate Planner City of Tigard (503) 718-2437 3 CITY OF TIGARD 4/22/2008 1111 ! 13125 SW Hall Blvd. 8:49:13AM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200800000000001343 Date: 04/22/2008 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MMD2008-00006 [LANDUS] Minor Modification 100-0000-438000 500.00 MMD2008-00006 [LRPF] LR Manning Surcharge 100-0000-438050 74.00 Line Item Total: $574.00 P .ents: Method Payer User ID Acct./Check No. Approval No. I-low Received Amount Paid Check MCCORMICK&SCHMICK'S KJP 5141 In Person 574.00 SEAFOOD RESTAURANT Payment Total: $574.00 cRcccipt.rpt Page I or I 04/18/2008 13:51 5032290626 BARRY R SMITH PC ARC PAGE 01 �1vl� � 5 '4' First American Title Insurance Company of Oregon Washington(OR) Prepared For: Prepared By: Property Information Division 222 SW Columbia St,Suite 400 - Portland,Oregon 97201 Phone:(503)219-TRIO Fax:(503)790-7872 OWNERSHIP INFORMATION Owner :By Centel-cal Llc Ref Parcel Number :2S113AC 01201 CoOwner : Atten:Fred W Brunin 7: 02S R:01W $: 13 Q:253 Site Address : 17003 SW 72nd Ave Portland 97224 Parcel Number :R2128660 Mail Address :7455 SW Bridgeport Rd#205 Tigard Or 97224 Map Number Telephone :Owner; Tenant: County :Washington(OR) SALES AND LOAN INFORMATION Transferred : 12/29/2004 Loan Amount Document 1 : 148210 Lender Sale Price :$170,000,000 Loan Type . Deed Type Interest Rate . %Owned besting Type . PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION %fap Page&Grid :685 G1. MktLand :$4,975,770 Census : Traci:320.02 Block:3 MktStructure :$22,527,670 Subdivision/Plat Council View MktOther Neighborhood Cd :ZFWY MktToial :$27,503,440 Land Use :2012 Com,Improved M5OAssd Total :$16,806,430 Legal :COUNCIL VIEW ACRES(LOTS 1-20),LOT %Improved ; 82 : 11.-18,ACRES 6.98,CODE SPLIT 07-08 Taxes :$276,811.98 Exempt Amount : Exempt Type . Levy Code :02374 Tillage Rate : 16.4706 • PROPERTY CHARACTERISTICS • Bedrooms for Acres :6.98 Year Built • 15athrooms Lot SqFt :304,048 EffYearBlt Neat Method asm Fin SgFt Floor Cover . Pool Bsm Unfin SgFi : Foundation . Appliances Bsm Law SgFi Roof Shape . Dishwasher Bldg SgFt :97,801 Roof Mall flood Fan 1st Fir SgFt :7,971 InieriorMat Deck Upper Fir SgFi : Paving Mad ; Garage Type Porch SgFi Const Type Garage SF Attic SgFi at Finish Deck SgPr This title information has been furnished,without charge.in conformance with the guidelines approved by the State of Oregon Insurance Commisslonor. Tho Insurance DiYrsion cautions intermediaries that this service Is designed to benefit the ultimate Insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability Is assumed for any errors in this report. PDF created with pdfFactory Pro trial version www.gdffactorv.com 04/18/2008 13:51 5032290626 BARRY R SMITH PC ARC PAGE 02 4S euE,arr .�- First American Title Insurance Company of Oregon Washington(OR) Prepared For: Prepared By: Property Information Division 222 SW Columbia St,Suite 400 - Portland,Oregon 97201 Phone:(503)219-TRIO Fax:(503)790-7872 OWNERSHIP INFORMATION Owner :By Centercal t_lc Ref Parcel Number : 25113AC 01201 C:oOwner :Attcn:Fred W Brunin T:02S R:01W S: 13 Q: 253 Site Address :*no Site Address* Parcel Number :R2154940 .Mail Address :7455 SW Bridgeport R,;1#205 Tigard Or 97224 Map Number . Telephone ; Owner: Tenant: County :Washington(OR) SALES AND LOAN INFORMATION Transferred Loan Amount Document i Lender Sole Price Loan Type , Deed Type Interest Rate . Owned Vesting Type . PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page &Grid MktLand :$12.200 Census ; Tract: Block: MktStructure . Subdivision/Plat :Council View MktOther . Neighborhood C.d :ZFWY ,MktTotal :$12,200 Land Use :2012 Com,Improved 11450 Assd Total :$7,020 Legal :COUNCIL VIEW ACRES(LOTS 1-20),LOT %Improved . : 11-18,ACRES .14,CODE SPLIT 07-08 Taxes :$109.1I Exempt Amount : • Exempt Type - Levy Code :02387 !Village Rate : 15.5409 PROPERTY CHARACTERISTICS Bedrooms Lot Acres : .14 Year Built . Bathrooms Lot SgFt ;6.098 E T'earBlt : Heat Method Bsm Fin SgFi Floor Cover . Pool Bsm Orlin SgFi : Foundation . Appliances Bsm Low Sgrt Roof Shape . Dishwasher Bldg SgFi Roof Mail _ Hood Fan 1st Fly.SgFt InteriorMat . Deck Upper Fir SqF, : Paving Mall . Garage Type Porch SgFt Consi Type Garage.SI•' Attic SgFi Ext Finish . Deck.5,71%r . 'this tulle Information has been furnished,without charge,In conformance with the guidelines approved by the Stale of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designee to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability Is assumed for any errors In this report. PDF created with pdfFactory Pro trial version www.pdffactorv,eom 04/18/2008 13:51 5032290626 BARRY R SMITH PC ARC PAGE 03 ."-,1.1-(,,�jay Washington CCUntY.Orepon ¶2IZ8/2a04 01,0.1:01 PM 2Q04-14829 0 °°W �Pf•1 eat+21 RecoAOa 11:-/ ' 57�.OA S°.°0!i 1.00 T770,°°0,00.Tatar■45/0,032.110 A$er reco 0 Z LL �: FIIJIUJIILIII/IIIJf1fffj/jJIIf1fi!flfl The Krasn Di 21] 7 O7 n�lr, w�tt7]7 588820401 821 �7D075 �. r H..eon,ancmre•�■..uman inr^.: m� 383$Carson Street,Suite 210 �d 0.-0rneio cns q o.,,.,+w■,,■ e-,-,,..... }seen.00 hv.0'�e.Rld treat Lh■wahl ■kvm d1 Torrance,California °(45c`s3 �rO wU remand■�dryMM.•Iq t�•Yeeq Of �+'S.''tr`+i1 T 101111 a/LId C011•r�. A tr_: Edward Kcosnove �1E,, �. '�; �k�ry k Mamer,07at10r ys■I■mane■ra Tas■IIOn, ��l '':�Y — _ _ Oa halo C0WI CIO, ~ � Until a change is requested,all - — - - - —. tax statements shall be semi to: l3` BV CenterCal,Li,C �a L� 6491 oi' 12th Street d': t+, WASHINGTON COUNTY t---- Gresham,Oregon 97030 `'j°, RALP9CPE T' RANSFER TAX $ � Q4 Jr `l• N Attention: Fred W.Bruning I FEE A4 DATE v� S'1[�k'l"UTOI Y SPECIAL WARRANTY DEED Z BRIDGEPORT VILLAGE, L.L.C., a Delaware limited liability company("Bridgeport'), as to • an=divided 85.595%interest in the real property("Property")described on the attached Exhi bit A and BRIDGEPORT VILLAGE ASSOCIATES, L.L.C., a Delaware limited liability company ("Associates";Bridgeport and Associates,being sometimes hereinafter collectively refaced to as "Grantor"), as to an undivided 14.305%interest in the Property,as tenants in common and not es joint tenants, convey and specially warrant to BV CENTERCAL, LLC, a Delaware limited liability company. as Grantee,the Property. free of encumbrances created or suffered by Grantor except as specifically set forth ot1 the attached Exhibit B. Anything herein to the contrary notwithstanding, the conveyances and warranties of each of Bridgeport and Associates,with respect to this Statutory Special Warranty Deed,are several.,and not joint, in accordance with each of Bridgeport's and Associates'respective ownership interests in the Property as set forth above. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED 1N ORS 30.930. The true consideration for this conveyance is$170,000,000.00. Dated as of December 29, 2004. [Signature page follows] I 4N(103 OOd59_22S630t7 2 PDF created with pdfFactory Pro trial version www,pdffactory,com 04/18/2008 13:51 5032290626 BARRY R SMITH PC ARC PAGE 04 !1'IIII IIIIIIIII 11 1III Ii I 2044—,4e2+n GRANTOR: Bridgeport Village,L.L,C.,a Delaware limited liability company By: Opus Northwest,L,L.C., a Delaware limited liabili company,its Manager By 4.;... As .% . . Name: ,•,,,, 1. .'.'..- a Its: r er c* . r,,7-` Bridgeport Village Associates,L.L.C., a Delaware limited liability company By:lame: S� Nu ‘-(...J447 041 ItS: M%'Wl&eV- [Notary,page follows] 2 564003_95669_228630 17_2 PDF created with pdfFactory Pro trial version www.pdffactorv.com 04/18/2008 13:51 5032290626 BARRY R SMITH PC ARC PAGE 05 . I1JIIIIIIIIIIIIIIIII liI I III . STATE OF OREGON ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this 2/t2day of December, 2004 by i s ,.pz`� 347-- , who is the 1.,1 P12‘.=fit 2 of Opus Northwest, L.L.C., a Delaware limited liability company, the Manager of Bridgeport Village, L.L.C., a Delaware limited liability company,on behalf of the limited liabilii company. �t a.k it. N. OFFtCIALSL Notary Public for the State - �' "• �EBOFAH A_BAKER �� r�' Vo7AA1 PUBLIC-OKiE�ON My Commission Expires g-1?-De „;� GOMML581ON o.377523 a�YCOMSa, F6BR�uY 17,2008 STATE OF OREGON ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me thiskt day of December, 2004 by tea.v' a.e..6„ ,who is the_'(V}€4,0p of Bridgeport Villagc Associates: L.L.C,, a Delaware limited liability company,on be f of the limited liabi 'ty company. — oFFSGinLS Notary Public for the State of 6)it –`", *'4.'• DEBORAH A.RAKER My Commission Expires d.+"L 17-0? `r yOTARY PLIBLIC•OPEGON 1,�..Jj" \';y) CO}NMIsvoN NO,377523 ►,y�pp1111SS10hE?IRE_FC3H_I7,200 3 564003_611669,22R63o L1_2 • PDF created with pdfFactory Pro trial version www.pdffactorv,com 04/18/2008 13:51 5032290626 BARRY R SMITH PC ARC PAGE 06 111111~1111111 IIIIIII111 Exhibit A Legal Description Parcel I: Parcel 2,PARTITION FLAT No.2004-016, recorded as Document No.2004035590, in the City of Tualatin,County of Washington,and State of Oregon. Parcel II: A portion of the Northeast '/4 of Section 13, Township 2 South. Range I West, Willamette Meridian.County of Washington.State of Oregon,being more particularly described as follows: Comrneneing at the 3i" Iron Pipe marking the Southwest Corner of Lot 19, Council View Acres, a Plat of Record in Washington County; thence along thc South line said Lot 19,being also thc South line of the Northeast '/. of Section 13, Township 2 South, Range 1 West, Willamette Meridian, S8S°50'31"E, 146.84 feet to Southeast Corner of said Lot 19 and the True Point of Beginning; thence along the East line of said Lot 19, N01°05'30"E, 277.00 feet to the Northeast. Corner thereof; thence along the North lines of Lots 18 through 11, inclusive, said Fiat, S88°50'31"E, 1132.60 feet to a point of non-tangent curvature;thence leaving said line,along the arc of a 369.00 foot radius curve concave to the Northwest, through a.central angle of 11°40'40" (chord bears SI0°58'58"W,75.0$feet)a distance of 75.21 feet to a point of non-tangency;thence S61°53'33"W, 33.64 feet to a point of non-tangent curvature; thence along the arc of a 346.00 foot radius curve concave to the Northwest, through a central angle of 10°45'51" (chord bears S26°08'27"W, 64.91 feet) a distance of 65 00 fees to a. point of non-tangency; thence S I0°58'55"E,21.07 feet to a point of curvature;thence along the arc of a 27.00 foot radius curve concave to the Northwest, through a central angle of 48°10'20" (chord bears S13°06'15"W, 22.04 feet;)a distance of 22.70 feet to a point of compound curvature;thence along the arc of a 369.00 foot radius curve concave to the Northwest, through a central angel of 03°04'03" (chord bears S38' 43'27'W, 19.75 feet)a distance of I9.76 feet to a point of tangency; thence S40°15'29"W, 51.41 feet;theme N49°44'31"W,7.00 feet;thence S40°15'29"W, 15.00 feet;thence S49°44'31"G, 7.00 feet: thence S40"15'29"W, 2.3.70 feet the South line of the Northeast 'A Corner of said Section 13;thence along said line,N88°50'31"W,993.71 feet to the Point of Beginning. PARCEL III: Parcel 1,PARTITION PLAT No.2004016,recorded as Document No. 2004035590,in the City of Tualatin.County of Washington,and State of Oregon. PARCEL IV: Those easement rights set forth in that certain Easement Agreement dated December 18, 2003. between Renee Day and Seller,recorded April 22,2004 as Fee No. 2004-042708. A-1 564005_00659_228E0017_2 PDF created with pdfFactory Pro trial version www.pdffactory.corn 04/18/2008 13:51 5032290626 BARRY R SMITH PC ARC PAGE 07 I1111ilIIIIIIIIIIIIIIII I I1 PARCEL V: Those easement rights set forth in that certain Declaration of Reciprocal Ease ments, Covenants, Conditions and Restrictions dated as of June 25, 2004 and recorded June 25, 2004 as Fee No. 2004-073002. A-2 554003_00669_,/2863017_2 PDF created with pdfFactory Pro trial version www.Pdffactory.com 04/18/2008 13:51 5032290626 BARRY R SMITH PC ARC PAGE 08 1111111111111111111111111 xxa-inexw Exhibits Permitted Exceptions I. General and special taxes and assessments not delinquent as of the thte 1ia-ex,►f. 2. These premises are within the b.7undaties of the Clean Water Services District and are subject to the levies and assessments thereof 3. Relinquishment of Access as contained in Deed, recorded June 21, 1973 in Book 931, page 497. From Washington County, a political subdivision of the State of Oregon, to State of Oregon,by and throw its Stare Highway Commission. 4. Conditions and restrictions set forth in Deed recorded March 18,2004 as Fee No. 2004- 27521 of Official Records. 5. The terms and provisions contained in the document entitled "Easement Agcpnnenf' recorded April 22,2004 as Fee No. 2004-042708 of Official Records. Renee Day and Bridgeport Village,L_L.C.,a Delaware limited liability company. 6. The terns and provisions contained in the document entitled"Declaration of Reoipzocal Easements, Covent, Conditions and.Restrictions-recorded June 25, 2004 as fee No. 2004-073002 of Official Records. 7. The terms and provisions contained in the document entitled"Easement and Declaration of Restrictions"recorded July 21,2004 as Fee No.2004-08-5669 of Official Records. S. Coviiants,conditions,restrictions and casements in the document recorded October 1S, 2004 as Fee No. 2004-120175 of Official Records,but deleting any covenant,condition or restricdon indicating a preference„ limitation or discrimination based on race, color, religion, sex,handicap, familial status,national origin, sexual orientation,.marital status, ancestry, source of income or disability, to the extent such covenants. conditions or retrietions violate Title 42. Section 3604(c), of the Unitxd States Codes, Lawful restrictions under Ito and federal law on the age of occupants in senior bcrsing or housing for older persons shall not be construed as restrictions based on familial status. 9. The teens and provisions contained in the docwnnrnts entitled "Sidewalk Maintenance Agreement"recorded October 22,2004 as Fee No.2004-122565 of Official Records. 10. An easement for sanitary sewer and water line and incidental purpose , recorded November 4,2004 as Fee No.2004-127224 of Official Records. II. The teTms and provisions contained in the document entitled "Grease Interceptors Maintenance Agreement" recorded November 24, 2004 as Fee No. 2004-134945 of Official Records_ B-1 564003_0c469_3630=7_'.. PDF created with pdfFactory Pro trial version www.pdffactory.com 04/18/2008 13:51 5032290626 BARRY R SMITH PC ARC PAGE 09 111111 11111111111111.1111 w04-14192'0 12. An unrecorded lease dated as of September 29, 2004, executed by 3ridgeport Village; L.L.C., a Delaware limited liability company as lessor and The Conta;:ner Store, Inc_, a Texas corporation as lessee, as disclose by Meruorandutn of Luse recorded December 8,2004 as Fee ND.2004139644 of 4fcial Records. 13, An unrecorded lease dated October 6, 2003, executed by Bridgeport Village, L.L-CI a Delaware limited liability company as lessor and Regal Cinemas, Inc., a .Tennessee cornoratioaa, as lessee, as disclosed by a Men:Lorandua of Lease recorded December 14, 2004,as Fee No.2004-141711 of Official Records. 14. Rights of tenants,as*e'lsnts only,/ander unrecorded leases. 15. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished.imposed by law and not shown by the pa blic:records. 16. The terms and conditzons contained in the document entered"Memorandum of Purchsse 2nd Sale Agreement":eccorded December 16, 2002 as Fee No. 2002-152814 of Official Records. B-2 554003_O0669_22863017,2 PDF created with pdfFactory Pro trial version www.pdffactory.com BARRY R.SMITH,PC,ARCHITECT 715 SW Morrison Street Suite 909 Portland,Oregon 97205-3105 Tel:503.241.7966 Fax:503.229.0626 e-mail to:chris @barryrsmith.com March 20,2008 Gary Pagenstecher City of Tigard 13125 SW Hall Blvd, Tigard,Oregon 97223 RE: McCormick and Schmik's-Bridgeport Dear Mr.Pagenstecher: This proposed project consists of the development of an outdoor dining area for the existing McCormick& Schmik's located within Bridgeport Village.The project does not violate any of the 11 criteria identified in section 18.360.050(B)of the Tigard Development Code.The items listed below indicate each of the individual criteria and identifies how this project either meets the requirements of the section or does not affect the specified criteria. Section 18.360.050(B)Criteria Number 1: In regards to criteria number one of section 18.360.050(B),this project is not a residential development that would increase dwelling unit density or lot coverage. Section 18.360.050(B)Criteria Number 2: In regards to criteria number two of section 18.360.050(B),this project will not affect the ratio of dwelling units.The project is in a commercial district that does not contain any residential development. Section 18.360.050(B)Criteria Number 3: In regards to criteria number three of section 18.360.050(B),this project will increase the occupant capacity of the facility;however it will not substantially increase the dining capacity of the facility and therefore not increase the required parking for the area per section 18.765. Section 18.360.050(B)Criteria Number 4: In regards to criteria number four of section 18.360.050(B),this project does not create a change to the structure as identified by the U.B.C.the project simply provides for an outdoor dining environment, meeting the requirement of this criteria. Section 18.360.050(B)Criteria Number 5: In regards to criteria number five of section 18.360.050(B),this project does not affect the height of the existing structure in any.This project maintains the height of the existing building and meets the requirements of this criteria. Section 18.360.050(B)Criteria Number 6: In regards to criteria number six of section 18.360.050(B),this project does not affect off-site traffic;the limits of the project are contained within the boundaries of the site. Section 18.360.050(B)Criteria Number 7: In regards to criteria number seven of section 18.360.050(B),the additional dining area will increase the dining capacity by less than 1000 sq.ft.resulting in no more than 10 additional vehicles at any time,this additional 10 vehicles is less than the minimum 100 vehicle per day threshold. 11E. Section 18.360.050(B)Criteria Number 8: In regards to criteria number eight of section 18.360.050(B),this project adds an additional 606 sq.ft.to the existing 8100 sq.ft. facility,less than the threshold of a 10%increase. Section 18.360.050(B)Criteria Number 9: In regards to criteria number nine of section 18.360.050(B),the additional 606 sq.ft.of enclosed dining space does not reduce the amount of open space by more than 10%for the development. Section 18.360.050(B)Criteria Number 10: In regards to criteria number ten of section 18.360.050(B),this project reduces the total landscape area by 576 sq.ft.the reduction in landscaping does not contribute to a reduction that is more than 10%as required by this section. Section 18.360.050(B)Criteria Number 11: In regards to criteria number eleven of section 18.360.050(B),this project does not make change to any approvals that were contingent on the overall development of this portion of this site and development in its entirety. Sincerely, Chris Nestlerode