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MMD2009-00006 MMD2009 00006 TIGARD TOWNE SQUARE PANDA EXPRESS NOTICE OF TYPE I DECISION ■ MINOR MODIFICATION (MMD) 2009-00006 TIGARD TOWNE SQUARE CHANGE OF USE TIGARD 120 DAYS = 07-30-2009 SECTION I. APPLICATION SUMMARY FILE NAME: Tigard Towne Square Change of Use CASE NO.: Minor Modification (MMD) MMD2009-00006 PROPOSAL: The proposal is to change the use of 2032 sq. ft. of retail space to eating establishment. This change will require 6 new parking spaces and 3 bicycle parking spaces. APPLICANT: LEEKA Architects OWNER: SN Properties Partnership Erik Peterson J. Randy Kyte, Sr. V.P. 6775 SW 111th Ave., #20 1121 SW Salmon St. Beaverton, OR 97070 Portland, OR 97205 LOCATION: 16230 SW Pacific Highway,WCTM 2S115BA,Tax Lot 02600. ZONING DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. CONDITIONS OF APPROVAL PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Applicant shall install six additional parking spaces as shown on the approved site plan. 2. Applicant shall request final inspection of this land use permit by the Planning Division prior to requesting final inspection by the Building Division for certificate of occupancy. MMD2009-00006 Tigard Towne Square Change of Use Decision 040109 Page 1 THIS APPROVAL SHALL BE VALID FOR la MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 16230 SW Pacific Highway, WCTM 2S115BA, Tax Lot 02600. The building addressed by the proposal is the new 8000 sq. ft. retail building on the west side of the complex near Pacific Highway. Proposal Description: The proposal is to change the use of 2032 sq. ft. of retail space to eating establishment. The space is in an 8,000 sq. ft. building approved for retail space.The change of use will require six additional parking spaces and 3 bicycle parking spaces as shown on the proposed site plan. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification 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; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The proposal requires striping of six parking spaces. The site plan shows striping an area behind Rite-Aid Pharmacy for use by employees. This space has been used for parking, but not previously striped. Therefore, this criterion has been met. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20%; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off- site traffic would be affected. Therefore,this criterion does not apply. MMD2009-00006 Tigard Towne Square Change of Use Decision 040109 Page 2 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The proposal does not increase vehicular traffic to and from the site by 100 vehicles per day according to the ITE Manual, 6th Edition, Volume 2, High-Turnover (Sit-Down) Restaurant (832). Less than one hundred seats are proposed and the trip rate is 88 trips per 100 seats. Therefore, this criterion is satisfied. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; The change of use does not involve an increase in floor area. Therefore, this criterion is satisfied. 9. A reduction in the area reserved for common 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%; The proposal does not reduce the area reserved for common space or usable open space. Therefore,this criterion does not apply. 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. The proposal does not reduce the project amenities. Therefore,this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of side development review approval which are not the subject of B1 through 10 above of this subsection. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. MMD2009-00006 Tigard Towne Square Change of Use Decision 040109 Page 3 THIS DECISION IS FINAL ON APRIL 2, 2009 AND BECOMES EFFECTIVE ON APRIL 3, 2009. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. e`er April 2, 2009 APPROVED BY: Darrel"Hap' atkins DA'Z'E Assistant Planner MMD2009-00006 Tigard Towne Square Change of Use Decision 040109 Page 4 1 t .. VICINITY MAP '5305 rrcrH - q '1L5-` MMD2009-00006 w .-5 ..445 S rn TIGARD TOWNE SQUARE CHANGE OF USE '6;35 Z ITI V DURHAM RD p r; I o Q '1992 11992 '6200 '1992 11992 11992 11992 .11992 C. 11992 16234 1 '1992 1199211992 Subject Site '1992 11992 16105 '1992 '1992 11992 r�`'i, '1992 011992 f ' '1992_1199211992 / I 16230:'` ::16230!;;: 16200 . 16230 16200 16200 16200 _ P f i_i M;I ::.16230::::. 16200 16200 16200 - Cr "'16230' 16200 _ 10209, NI 46 465 1 t2 C 0 16230 j vw —"1 ;16240 i i V . .I 16200 16200 I 16200 I J 1620?! - 162'00 11955 16200 11540 11945 - 11615 11935 162.70 Information on this map is for general location 11925 only and should be verified with the Development 16250 Services Division. 16200 Scale 1:2,429-1 in=202 ft Map printed at 02-Apr-09 11:36 AM 11930 16200 1626 5 DATA IS DERIVED FROM MULTIPLE SOURCES TIGARD THE CITY OF TARD MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE 16360 CONTENT.ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE , DATA THE CITY Of TIGARD SHALL 11940 LIABILITY PR ERERRORS OMISSIONS.OR INACCURAAC ES IN T E 11610 INFORMATION PROVIDED REGARDLESS OF IOW CAUSED. 11950 City of Tigard 13125 SW Hall Blvd 11960 TIGAR AP Tigard,639-4171 23 s•M ROYAL VILLA DR 0 20211 www.tigard-or.gov � 1 D 2.r-2. Q<-, o co a., C vi P• o*�D n F1 .11,.,-. c . 2 / McDONALDS J 0,9/8 S.F. As ,4i 07 0 1 / (ACWa1=1.979) / •u .0 lill f ; C Q a Q n 1 cn 'WI= . p , n / va R Go Yro / •? j' .D© ^ � id D - - � v Ali ° O /LAO ,., . 4 ��� / ` (4)NEW BICYCLE _ . 1 t g io . . .N... y•e,?9 ,w • , 1 ,am..• 1 yiftik- ti•A,..1,,MIR 1 . 0 41:11111111Mlnyoz, / /14. \ / 1 PARKING RACK J� A3 us z ce / F\ , / I. F e '�ccj. z LL w•67 0 + R Tq/ F :� `�® sT 1BS9'� " ZIP z•l l� ///� J 9sF s,,eL } •Ii R\E °/ / i ALONS 2.Se k® / //,I3 I /.2' B/�s 18.819 S.F. �s / / •/ . fi/ W` .- 1 1i _, BLOCKBUSTER 0 '1 1 • �■ , r / -- ' U 5,.87 S.F. — A4 I - 1 1 1 . © 00000000 c v 123 FIT H1 � o�_ C� P NEW PARKING. BOOK STORE .a... COMPACTOR SPACES' / --• , 2,647 S.F. 0 p ,,,:ztr 1 ° \ 7 rM, (\�\ DOTTY'S E4 —' y�`11�( 1.498 S.F. -1.7.. o°wr ln°i °r / ® \ ® —1 SUBWAY E5 / �J _ J L.1_Z-3• 1:(.!If-- / _ 0 \ PARTY MART « l 0 ® ' 0000 \ \ / / 3.980 S.F. A6 u.. ® e'NIGH FENCE 1 • PT .A,NNING SECRETARY MATERIALS AFFIDAVIT OF MAILING Er! I, Patricia L. Lunsford,being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County,Oregon and that I served the following: (Chek Apprup,iare Box(s)Below) © NOTICE OF DECISION FOR MMD2009-00006/TIGARD TOWNE SQUARE PANDA EXPRESS (File No/Name Reference) AMENDED NOTICE 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 April 2,2009,and deposited in the United . - Mail on April 2,2009,postage prepaid. / 411111 A(174 (Person that Prepared N. ce) / STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of 146- ,2009. OFFICIAL SEAL .=v - SHIRLEY L TREAT NOTARY PUBLIC•OREGON <<�® COMMISSION NO.418777 MY COMMISSION EXPIRES APRIL 25,2011 OTARY P C OF OREGOT My Commission Expires: EXHIBIT A NOTICE OF TYPE I DECISION IN • MINOR MODIFICATION (MMD) 2009-00006 TIGARD TOWNE SQUARE CHANGE OF USE TIGARD 120 DAYS = 07-30-2009 SECTION I. APPLICATION SUMMARY FILE NAME: Tigard Towne Square Change of Use CASE NO.: Minor Modification(MMD) MMD2009-00006 PROPOSAL: The proposal is to change the use of 2032 sq. ft. of retail space to eating establishment. This change will require 6 new parking spaces and 3 bicycle parking spaces. APPLICANT: LEEKA Architects OWNER: SN Properties Partnership Erik Peterson J. Randy Kyte, Sr. V.P. 6775 SW 111th Ave., #20 1121 SW Salmon St. Beaverton, OR 97070 Portland, OR 97205 LOCATION: 16230 SW Pacific Highway,WCTM 2S115BA,Tax Lot 02600. ZONING DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. CONDITIONS OF APPROVAL PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Applicant shall install six additional parking spaces as shown on the approved site plan. 2. Applicant shall request final inspection of this land use permit by the Planning Division prior to requesting final inspection by the Building Division for certificate of occupancy. MMD2009-00006 Tigard Towne Square Change of Use Decision 040109 Page 1 • THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject parcel is located at 16230 SW Pacific Highway, WCTM 2S115BA, Tax Lot 02600. The building addressed by the proposal is the new 8000 sq. ft. retail building on the west side of the complex near Pacific Highway. Proposal Description: The proposal is to change the use of 2032 sq. ft. of retail space to eating establishment. The space is in an 8,000 sq. ft. building approved for retail space. The change of use will require six additional parking spaces and 3 bicycle parking spaces as shown on the proposed site plan. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification 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; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The proposal requires striping of six parking spaces. The site plan shows striping an area behind Rite-Aid Pharmacy for use by employees. This space has been used for parking, but not previously striped. Therefore, this criterion has been met. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20%; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off- site traffic would be affected. Therefore, this criterion does not apply. MMD2009-00006 Tigard Towne Square Change of Use Decision 040109 Page 2 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The proposal does not increase vehicular traffic to and from the site by 100 vehicles per day according to the ITE Manual, 6`h Edition, Volume 2, High-Turnover (Sit-Down) Restaurant (832). Less than one hundred seats are proposed and the trip rate is 88 trips per 100 seats. Therefore, this criterion is satisfied. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; The change of use does not involve an increase in floor area. Therefore, this criterion is satisfied. 9. A reduction in the area reserved for common 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%; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 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. The proposal does not reduce the project amenities. Therefore,this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of side development review approval which are not the subject of B1 through 10 above of this subsection. FINDING: Based on the analysis above, Staff finds that the criteria for minor modification of a site development have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. MMD2009-00006 Tigard Towne Square Change of Use Decision 040109 Page 3 THIS DECISION IS FINAL ON APRIL 2, 2009 AND BECOMES EFFECTIVE ON APRIL 3, 2009. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. April 2, 2009 APPROVED BY: Darrel"Hap' atkins DATE Assistant Planner MMD2009-00006 Tigard Towne Square Change of Use Decision 040109 Page 4 • _ C VICINITY MAP J 1 15905 116n, - qi 11555 MMD2009-00006 N 11565 11445 s • m TIGARD TOWNE SQUARE '' A CHANGE OF USE 16035 4i Fri U DURHAM RD p o C., I 73 11992 11992 'E2:::: 11992 11992 11992 11992 .11992 4 11992 11992 11992 11982 Subject Site 11992 11992 1E1 5 1`992 11992 :v 11992 -11992 =11992 f`~ .11992_11992 11992 . ' _. I :E230 °' I Q E.....2.33°0 C2 00 46200 i 1lyrtl :F1E230:::: 16200 'F200 IaG li 16230. t, :8116210 •a:;;; 16200 t 00 16165 E222 1/1 16230r ':16240 _ _ 16240 16200 16200 i 16200 1 16200 31.y 16200 154 11945 —1 � ...y.5• I 11935 16200 Information on this map is for general location 11925 I only and should be verified with the Development 6250 Ir __ Services Division. — 16200 r It Scale Scale 1:2,429-1 in=202 - I _J J Map printed at 02-Apr-09 11:36 AM 73,,, 16200 DATA IS DERIVED FRO MULTIPLE SOURCES 1HE CITY OF TIGARD 16TH 5 M MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE 16390 CONTENT,ACCURACY.TIMELINESS OR COMPLETENESS OF ANY OF THE 40 LIABILITYOFVOR ANY ERRORS.OMISSIONS, I HEREIN THE CITY OF TIGARD SHALL ASSUME NO INACCURACIES IN THE 11810 i__ - -•—- INFORMATION PROVIDED REGARDLESS OF HOW CAUSEDt 1950 City of Tigard--- _ - -- 13125 SW Hall Blvd I�ARN� pS T' arch OR97223 IIII 11960 1 ROYAL VILLA DR l 20211 A .[gad-o�gov r TIGAAD CL =; �O m A 0n`- 20 1 . zi o 0, -g 1= Q a O i F MCDONA L D S 4.948 SF (Actual=4,9191 43 1 4 j3 . pp . . •w .-- v Go C,o 57 31 / ,,..0 ''''''''*6 *. , • 'kw 0011,10:11. , 07/, . • ■gin ,■ - •Q ‘*44,.\*,.• ` i / ` 1 (4)NEW BICYCLE ■°° G � /IV / I PARKING RACK ./ ( rn 4. W W 4 /° FVTV it��4� 1 ��yp•�GC�s O RE�E /D /JJp s��B ALBERTSONS © a e1 / I,°q'eA / 1 7.M.4' l 48.843 S.F I f / �' is r�L— T ti r' / . . _ I ------ l .1 i w` — \` I BLOCKBUSTER= ® . i 5.407 S.F. I Li O L\\\\ \\\\�\\\\\\�\ � 123 S.F. H1 ■— LOADING © (6)NEW • _ PARKING. a BOOK STORE f COMPACTOR SPACES 1 2.847 S.F. ® O o p—.u ,M,V" \ ■ DOTTY'S SUBWAY 0® L /4 „— —14^° °r Z , 1,408 S F _ — _ PARTY MART 0. © A4\\\\\\\\1�\\\\ / % / 7960 S.F. (A6) :7� I 4 ' LEEKA Architects MMD2009-00L EXH I B IT..S Attn: Erik Peterson TIGARD TOWNE SQUARE PANDA EXPRESS 6775 SW 111th Avenue, #20 Beaverton, OR 97070 SN Properties Partnership J. Randy Kyte, Sr. V.P. 1121 SW Salmon Street Portland, OR 97205 2S115BA02600 SN PROPERTIES PARTNERSHIP 1121 PORTLAND,LA SALMON 2 ST PORTLAND,OR 97205 y/,09 f 1 6)7d APPLICANT MATERIALS &I/611 `�� City of Tigard / A� 20 .,„.. 09 Minor Modification - Type I A ftaa�t oa .t-ER/NG GENERAL INFORMATION In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Property Address/Location(s): I(D2.30 5t,J PAciFi c- tle 18 of the Tigard Development Code. To complete 7t Co t), OK_q 7Z2.f- this review, the Applicant's proposal must include a Tax Map&Tax Lot# (s): vs,(GTM 2.s ( (S 15A discussion indicating how the site expansion/change will 7/10( L o-r 2.Cs,o o continue to comply with the maximum setback, building Site Size: $(p G] ,4.Z 15.F. height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste Applicant'. R•%t‘. Fe-r E -' o istorage, non-conforming situations, signs, and tree Address:_ co 7-15 sw i i I I-VI Pole 14'Z'° removal may also be applicable depending on the type and City/State: Be Pc_Ve re.-r o , o R R 7°l° _ ttion of the proposed modifications. Primary Contact: 5+e , _ • Phone:_50 4 y • of z.7--.z E-Mal esk.\K_ r C Lee ILA 1 N G. Go VVI Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) S IZANtv K1TE CSK. i r e 12P-es) (Applications will not be accepted without the Address: Z following required submittal elements) I ► 1 S Am. SA.uv,Ant.J S T,Phone:503•fSD.o-re City/State:f tL.01,/D �� Zip: 77z o c jg Application Form Owner's Signature/Written Authorization When the owner and the applicant are different people, the 73, Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in VI Site Plan(3 Large Plans&One-Reduced to 8'/:"x 11") possession with written authorization from the owner or an Applicant's Statement/Narrative(3 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 T. Filing Fee $574.00 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 IA 146 anc}_017D047 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.: g M (70-54' Applicant's Statement: Date: '3/!. 10i The applicant's statement must include a summary of the S_ .t proposed changes. Criteria in either 18.360.050(B) or Application Accepted By: 18.330.020(8)(2) must be addressed with a detailed response Date Determined Complete: to each criterion. Failure to provide the information needed Revised: 14.Nov.08 to process the application would be reason to consider an L\chin\mast"\land use applications\minor modification22p.docx application incomplete and delay review of the proposal. City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 2 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 APPLICANT(S) 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 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 9th ,Ln of March ,20 09 iii.. Ow er's ig tub l Owner's Signature vRandy KY Senior Vice President, recto of Development Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 www.tigard-or.gov I Page 2 of 2 CITY OF TIGARL RECEIPT 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 2009-00586 - 03/12/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2009-00006 Minor Modification to an Approved Plan 100-0000-438000 $500.00 MMD2009-00006 Minor Modification to an Approved Plan- 100-0000-438050 $74.00 LRP Total: $574.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 26016666 STREAT 03/12/2009 $574.00 Payor SN Investment Properties LLC Total Payments: $574.00 Balance Due: $0.00 Transmittal ARCHITECTS . PLANNERS RE CFR/ED � 6775 S.W. 1111"Avenue Suite 20 1►ir1({ 1 1 [OU9 Beaverton,Oregon 97008 503-644-4222 CITY OF TIGARD 503-644-6567 n •`' G erik.pCu�leekainccom PLANNIF'_�+/ENGINIEERING www.LEEKAinc.com To: Gary Pagenstecher From: Erik A. Peterson Address: City of Tigard Community Development Date: March 9, 2009 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Project: Tigard Towne Square `16230' Building For: Harsch Investment Properties Job No: 0907 Location: Tigard, Oregon ❑ Mail DOvernight El Delivered ❑ Pick up ❑ Courier Attached you will find the following for your review: 1. Application Form: Completed Application with authorized signature (1) copy. 2. Owner's Signature: Authorized signature on reverse side of application. 3. Title Transfer Document: Special Warranty Deed No. 2000088325 (1) copy. Scanned copy of the deed by which SN Properties Partnership got title to the center. Three months later, SN changed its entity form from a general partnership to a limited liability company and then its domicile state from Oregon to Delaware. As a result of these events, the legal title holder today is SN Investment Properties. LLC, a Delaware LLC. If needed, more documentation on the entity conversion process is available. 4. Reference Site Plan: "SD-1" 24x36 drawing (3) copy(s) and 8'/2x11 drawing (3) copy(s). 5. Applicant's Statement/Narrative: Project Narrative (3) copy(s). 6. Application Filing Fee: Check in amount of$574.00 (check number 26016666). 7. Prior Minor Modification Request: Case File No MMD2007-00008 (1) copy. Please feel free to contact us anytime if you have any questions or comments. • _iATE OF OREGON SPECIAL WARRANTY DEED ,ounty of Washington 5'' I, Jr - *��.� �• of Assess- ment an• -rzi. a . ; 'o Count Clerk for?:t�,i.V)Iii pt `.l,.'•.:rtify that GRANTOR'S NAME AND ADDRESS: the wit .•r fir,. eceived and re, •4�"!??� �� ^4,.4'\., •f said county ) L .t?�s � z �� BET Holdings Twelve, Inc. *I ***KO Attention: Mr. David C.Schenning , i 4cm Vice President y +,1'; T� • Two Hopkins Plaza,Suite 804 `�.J�• �'. •irector of Baltimore,Maryland 21201 ,: axation,Ex- GRANTEE'S NAME AND ADDRESS: Doc : 2000088325 Rect: 265972 13232.00 SN Properties Partnership 1)/31/2000 08:28;SUam Attention: Mr. Edward P.Borst Senior Vice President,Acquisitions 1121 SW Salmon Street `\ Portland,Oregon 97205 WASHINGTON COUNTY After recording,return to: .n■■ REAL PROPERTY TRANSFER TAX . . . $ 13175.00 ID- 3t-00 K.L. Bork Ticor Title Insurance Company ?rity FEE PAID DATE 1000 SW Broadway, #1555 w Portland, OR 97205 Until requested otherwise,send all tax CC statements to: 0 `..� SN Properties Partnership F.. Attention: Mr.Ted Malaska, y,N Vice President,Taxation CO 1121 SW Salmon Street Portland,Oregon 97205 SPECIAL WARANTY DEED—STATUTORY FORM (CORPORATE GRANTOR) CC BIT HOLDINGS TWELVE, INC., a corporation duly organized and existing under the laws of the State of Maryland*Grantor, conveys and specially warrants to SN PROPERTIES PARTNERSHIP, an Oregon general partnership, Grantee, the real property described on Rider 1 attached hereto, free of encumbrances created or suffered by Grantor, except as set forth on Rider 2 attached hereto, situated in Washington • County, Oregon. *who took title as BIT HOLDINGS LIMITED PARTNERSHIP, a Maryland limited partnership The property is free of all encumbrances created or suffered by Grantor, except as set forth on Rider 2 attached hereto. The true consideration paid for this conveyance is an amount equal to Thirteen Million One Hundred Seventy-Five Thousand Dollars($13,175,000).** **Which is paid by a Qualified Intermediary as part of an IRS Section 1031 deferred exchange. This deed is being re—recorded to clarify the Grantor's name. Previously recorded as document no. 2000088325 / 1 I 111111111 I 11 11111 (� 2002-51985 Done by order of Grantor's board of directors with its corporate seal, if any, affixed on October 26, 2000. THIS INSTRUMENT WILL NOT ALLOW BIT HOLDINGS TWELVE, INC. USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND By: �. _A , Vice President REGULATIONS. BEFORE SIGNING OR David chenning ACCEPTING THIS INSTRUMENT, THE PERSON QCQUIRING FEE TITLE TO THE �'� PROPERTY SHOULD CHECK WITH THE �� Net , I is ./ APPROPRIATE CITY OR COUNTY " '�►'y'�14%'∎45-'%'11'VP=`'�4v�'��sj' " PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN OREGON 30.930. STATE OF MARYLAND, CITY OF BALTIMORE)ss. This instrument was acknowledged before me on October 26, 2000 by David C. Schenning, as vice president of BIT Holdings Twelve, Inc. Notary Public USUMinail My commission expires: - /a-+ °Z erO0 VOTAIMUCVANNIMMAIS INCOMMINIONONEINILIUMMI l sod l� t* SLI � f rfi Ake, „,'t1;:9 2 RA3:1 54966.3 111111111 1111 2002-51985 RIDER 1 TO DEED 111 Mill I 111 11111 LEGAL DESCRIPTION 2002-51985 PARCEL 1: Parcels 1 and 2, PARTITION PLAT NO. 1994-028, in the City of Tigard, County of Washington and State of Oregon; EXCEPTING THEREFROM that portion of Parcel 2 conveyed to Albertsons, Inc.,by Deed recorded July 9, 1999 as Recorder's Fee No. 99082159 and described as follows: Beginning at the Southwest corner of said Parcel 2, PARTITION PLAT NO. 1994-028; thence along the Westerly line of said Parcel 2 North 00°02' 39" West, 144.43 feet; thence South 89°57'21" West, 7.00 feet; thence North 00° 02' 39" West,345.83 feet;thence North 89°57'21" East,44.30 feet;thence leaving said Westerly line South 00°02' 39" East, 345.85 feet; thence North 89° 57' 21" East, 7.00 feet; thence South 00° 02' 39" East, 144.46 feet to the Southerly line of said Parcel 2; thence along said Southerly line North 89°58' 42" West, 44.30 feet to the point of beginning. PARCEL 2: That portion of the Northwest quarter of Section 15, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon,described as follows: Beginning at a point on the East lint of the Northwest quarter of Section 15, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon,which point bears South 00°08' 50" East 645.17 feet from the quarter corner on the North line of said Section; thence South 00° 08' 50" East along the East line of the Northwest quarter of said section, a distance of 383.17 feet to a point which is 20.00 feet North 00°08' 50" West from the Southeast corner of that tract of land conveyed to Mountain Park Health Care Facilities, Inc. by Real Estate Contract recorded in Book 1121 page 125, Deed Records for Washington County, Oregon; thence South 88° 19' 48" West 650.21 feet to an iron rod on the Easterly right of way line of SW Pacific Highway and marking the Southwest corner of said Mountain Park Health Care Facilities Tract; thence Northeasterly along said right of way line on the arc of a 3769.72 foot radius curve to the right (the chord of which bears North 14° 35' 31" East 400.72 feet) a distance of 400.91 feet to an iron rod opposite Engineers Station Ln 212+45.73 P.S.C.;thence Northeasterly continuing along said right of way line on the arc of a spiral curve to the right(the chord of which hears North 17° 46' 13" East 1.13 feet)a distance of 1.13 feet to a point on the South line of that tract of land conveyed to Herbert W. Dayson and Betty Jean Dayson by deed recorded in Book 479 page 136, Deed Records of Washington County, Oregon; thence North 89° 50' 18" West along said South line, a distance of 10.49 feet to a point marking an angle point in said Highway right of way line; thence Northeasterly along said right of way line on the arc of a 3779.72 foot radius curve to the right (the chord of which bears North 17° 37' 24" East 2.02 feet) a distance of 2.02 feet to a point opposite Engineers Station Ln 212+45.73 P.S.C.; thence Northeasterly along said right of way line on the arc of a spiral curve to the right (the chord of which bears North 19° 31' 45" East 372.85 feet) a distance of 372.89 feet to an iron rod opposite Engineers Station Ln 208+70.73 P.S.; thence North 20° 34' 58" East continuing 3 BA3 1 54966.3 3 • along said right of way une, a distance of 362.67 feet to an iron rod; thence North 65° 27' 40" East 28.16 feet to an iron rod on the Southerly right of way of the relocated portion of Durham Road; thence South 69° 30' 00" East along the Southerly right of way line of said Durham Road, a distance of 135.49 feet; thence South 00° 02' 39" East 362.38 feet; thence North 89° 57' 21" East 29.18 feet; thence South 00° 02' 39" East 137.33 feet; thence South 89° 57' 21" West 7.00 feet; thence South 00° 02' 39" East 144.12 feet; thence South 89° 58' 42" East 130.18 feet to the point of beginning; EXCEPTING THEREFROM that portion thereof conveyed to System Capital Real Property Corporation by Deed recorded May 17, 1999 as Recorder's Fee No. 99059949 and described as follows: Beginning at a point that is South 0° 08' 50" East, 59.00 feet along the East line of the Northwest one-quarter of said Section 15,and North 89° 55'20" West, 179.96 feet from the North one-quarter corner of said Section 15; thence South 0° 04' 40" West, 200.00 feet; thence North 89° 55' 20" West, 200.00 feet; thence North 0° 04' 40" East, 89.97 feet to a point on the Easterly right-of-way line of S.W. Pacific Highway; thence along said Easterly right-of-way,North 20°34' 58" East, 117.47 feet;thence South 89°55'20" East, 158.85 feet to the point of beginning. PARCEL 3: Beginning at the Southwest corner of Parcel III as described in a Real Estate Contract to William Brownson II and Judith M. Brownson, recorded September 16, 1980,as Recorder's Fee No. 80032465, which point bears South 00° 08' 50" East 695.17 feet from the one-quarter corner on the North line of Section 15,Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon; thence North 00° 08' 50" West along the East line of the Northwest one-quarter of said Section 15, a distance of 50.00 feet; thence South 89° 58' 42" East parallel with the South line of said Brownsen tract,629.86 feet to a point on the West line of S.W. 113th Avenue; thence South 00°09' 02" East along the West line of said street, 50.00 feet to a point on the South line of said Brownson tract; thence North 89° 58' 42" West along said South line, a distance of 629.86 feet to the point of beginning. PARCEL 4: An easement for parking, ingress and egress, over the land described therein pursuant to the terms and provisions thereof as granted in that certain Declaration of Restrictions and Grant of Easements recorded June 12, 1987 as Recorder's Fee No. 87030100, as amended by instrument recorded July 9, 1999 as Fee No. 99082160, Records of Washington County,Oregon. 4 BA) 1 54966.3 I II 11110111 1 11 11111 2002-51985 G• l 'f'11 ii .. 101 r / 1 2002-51985 RIDER 2' TO DEED 1. Access Restrictions, including the terms and provisions thereof; contained in Deed, To: State of Oregon, by and through its State Highway Commission Recorded: May 10, 1952 Book: 332 Page: 387, as amended by instrument recorded February 5, 1988, Fee No. 88-05090 Records of Washington County, Oregon. 2. Access Restrictions, including the terms and provisions thereof, contained in Deed, To: State of Oregon, by and through its State Highway Commission Recorded: June 24, 1952 Book: 334 Page: 98, as amended by instrument recorded June 26, 1972 in Book 874, Page 100 and further amended by instrument recorded February 5, 1988, Fee No. 88-05090 Records of Washington County, Oregon. 3. Easement(s) as created in instrument, including the terms and provisions thereof, To: adjacent property owners Recorded: October 28, 1963 Book: 499 Page: 220 Records of Washington County, Oregon. For: roadway purposes • 4. Easement(s) as created in instrument, including the terms and provisions thereof, To: Portland General Electric Company, an Oregon corporation Dated: November 1, 1972 Recorded: October 28, 1963 Book:, 910 Page: 221 Records of Washington County, Oregon. For: power lines 5, Easement(s) as created in instrument, including the terms and provisions thereof, To: Tualatin-Franklin, a joint venture of Tualatin Development Co., Inc., an Oregon corporation and Franklin Service Corporation, an Oregon corporation Dated: August 29, 1974 Recorded: September 30, 1974 Book: 990 Page: 944 Records of Washington County, Oregon. For: sewer pressure line 6. Easements for existing public utilities in vacated street area and the conditions imposed thereby. Ordinance No.: 75 29 5 c.cYJrn II ( I .11 I I II IIl I I fuit 2002-5 1985 7. Easements) as created in instrument, including the terms and provisions thereof, To: City of Tigard Recorded: June 12, 1987 Fee: 87030098, re-recorded October 14, 1987, Fee No. 87052056 Records of Washington County, Oregon. For: sanitary sewer 8. Declaration of Restrictions and Grant of Easements, including the terms and provisions thereof, By and Between: Westwood Corporation, an Oregon corporation and Albertson's Inc., a Delaware corporation Dated: June 8, 1987 Recorded; June 12, 1987 Fee No.: 87030100, as amended by instrument recorded July 9, 1999 as Fee No 99082160 9. Common Area Maintenance Agreement, including the terms and provisions thereof, Between: Westwood Corporation, an Oregon corporation; and Albertson's Inc., a Delaware corporation Dated: June 8, 1987 Recorded: June 12, 1987 Fee: 87030101, as amended by instrument recorded July 9, 1999 as Fee No. 99082161 Records of Washington County, Oregon, 10. Easement(s) as created in instrument, including the terms and provisions thereof, To: City of Tigard Recorded: June 12, 1987 Fee; 87030780, re-recorded October 14, 1987, Fee No. 87052055 Records of Washington County, Oregon. For: , storm drainage 11. Boundary Line Agreement, including the terms and provisions thereof, Between: William Wessinger and Frederic Wessinger doing business as W & F Properties and Westwood Corporation, Developers and Contractors, an Oregon corporation Dated: February 10, 1988 Recorded: February 26, 1988 Fee: , 88-07836 Records of Washington County, Oregon. • G•cYJrll :u. 101 r.�:,i 2002-51985 12. a. Covenant Not To Compete, including the terms and provisions thereof, Between: Westwood Corporation, Developers and Contractors And: McDonalds Corporation Recorded: December 8, 1988 Fee: 88-54663 Records of Washington County, Oregon. b, Restrictive Covenant, including the terms and provisions thereof, Executed by: BIT Holdings Twelve, Inc., a Maryland corporation, as successor in interest to Westwood Corporation In favor of: System Capital Real Property Corporation, a Delaware corporation Recorded: May 17, 1999 Fee: 99059950 Records of Washington County, Oregon. 13. Conditions and Restrictions contained in Memorandum of Lease, including the terms and provisions thereof, Between: Westwood Holding Corporation and Pay Less Drug Stores Northwest, Inc. Recorded: April 14, 1989 Fee No.: 89-16522 • Records of Washington County, Oregon. 14, Easement, as shown on the recorded Partition Plat No. 1994-28 For: private access easement for Parcel 1, Partition Plat No. 1994-28 Records of Washington County, Oregon. Affects: a 24 foot wide strip across Parcel 2, Partition Plat No. 1994-28 lying adjacent to the South line of Parcel 1, Partition Plat No, 1994-28 and the Easterly extension thereof 15. Conditions and restrictions, including the terms and provisions thereof, as set forth and as disclosed by Section 6 of Memorandum of Lease Between: BIT Holding Twelve, Inc., a Maryland corporation and Marshalls of MA, Inc., a Massachusetts corporation Recorded: April 10, 1998 Fee: 98036774 Records of Washington County, Oregon. 7 dd GO-1•1 NU.lti( h .�•�5 2002-51985 16. Subject to the rights of party or parties in possession, as tenants only, in accordance with any leases affecting portions of said land for the term and upon the terms, covenants, conditions and provisions therein contained, limited to those leases listed in the Rent Roll delivered by Grantor to Grantee concurrently with the Deed. 17. Any rights, interest or claims which may exist or arise by reason of the following facts shown on survey by Clarence E. Barker of said land dated June 19, 1989, last revised May 30, 2000, Job No. 00036, 'a) Traffic sign post in Northwest corner of Parcel 1 b) Guy and anchors along East line of Parcel 1 • g • • ._.tington County,Oregon 2002.051985 05/01/2002 02:44:53 PM 0-OW Cntat Ettnc16 K GLADDEN $45.00$6.00$11.00 •Total■$62.00 11111111(1 1111111111 Iii I F 11111 I IiIi I 00094821200200519850090095 I,Jerry Hine on,Director of mint and Taxation ,,yee- and Ex-Officio County Clerk for Washington County, do hereby certify that the within Instrument of writing vas received Ind recorded In the bo k of re cords of E' .. � veld county. �� Jerry R.Henson,Directoren mint and Taxation, t. Ex.Offlclo County Clerk LEEKIA LEE-WA ARCHITECTS - PLANNERS Planning Review Minor Modification March 9, 2009 Project: Tigard Towne Square Shopping Center—The`16230 Building' Tenant Improvement of existing, unoccupied Interior Lease Space Suite 100 for Panda Express Suite 160 for Biscuits Café WCTM 2S1 15BA Tax Lot No. 2600 The following are responses to the City of Tigard Minor Modification - Type I application, Part B of section 18.360.050. The Reference Site Plan is attached as an appendix to this document. Tenant Name: Panda Express Zoning Class: C-G Stories: One Tenant Name: Biscuits Café Construction Type: V-B Fire Sprinklers: Yes Address: 16230 S.W. Pacific Hwy. Occupancy Type: M Hazard: Light Building Area: 8,400 square feet total Occupant Load: 280 max. Separation: 0 Hour 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." Item#1: An increase in dwelling unit density, or lot coverage for residential development; RESPONSE: Does not apply. Item#2: A change in the ratio or number of different types of dwelling units; RESPONSE: Does not apply. Item#3: A change that requires additional on-site parking in accordance with Chapter 18.765; RESPONSE: No additional on-site parking is required, existing complies. Please refer to attached Reference Site Plan, see Parking Requirements calculations. Item#4: A change in the type of commercial or industrial structures as defined by the Uniform Building Code; RESPONSE: Does not apply. 6775 S.W.111th Avenue,Suite 20 Beaverton OR 97008 503.644.4222 tel 503.644.6567 fax neil.leennleekainc.com e-mail www.leekainc.com web 1 of 2 L� la - ARCHITEC'T'S - PLANNERS Planning Review Minor Modification Item#5: An increase in the height of the building(s)by more than 20%, RESPONSE: Does not apply. Item #6: A change in the type and location of accessways and parking areas where off-site traffic would be affected; RESPONSE: Does not apply. Item #7: An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; RESPONSE: Does not apply. Item #8: An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; RESPONSE: Does not apply. Item #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%; RESPONSE: Does not apply. Item #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. RESPONSE: Does not apply. Item #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. RESPONSE: The Scope of Work for this project takes into account, but does not affect any prior conditions of approval. See attached Case File No. MMD 2007-00008, dated April 20, 2007. 6775 S.W.1111"Avenue,Suite 20 Beaverton OR 97008 503.644.4222 tel 503.644.6567 fax neil.lee(c�leekainc.com e-mail www.leekainc.com web 2 of 2 ILEE11(1A LEE_FAA Project Narrative • ARCHITECTS - PLANNERS March 9, 2009 City of Tigard Community Development 13125 S.W. Hall Blvd. Tigard, Oregon 97223 The proposed project is an interior Tenant Improvement of an existing, unoccupied 8,400 sq. ft. building within the Tigard Towne Square Shopping Center, located at 16230 S.W. Pacific Highway in Tigard, Oregon. The owner of the property, Harsch Investment Properties, LLC has been fortunate to lease two of the (five) suites simultaneously, to two different restaurant chains who have both targeted Tigard as an exciting place to grow. Suite 100, at the north end of the building, will be leased by Panda Express, known for their Asian cuisine. The scope of work includes the construction of a demising wall, adding a window and adding a door in the existing storefront location at the north wall. Panda Express will complete the interior improvements using their latest prototype concepts. Suite 160, at the south end of the building, will be leased by Biscuits Café, known for their breakfast and lunch The scope of work includes construction of demising and restroom walls, installing a drop-in acoustical tile suspended ceiling and adding a door in the existing storefront location at the south wall. The Type I Minor Modification approval is requested due to the Change in Use to Eating and Drinking Establishment from General Retail Sales, based on the original approval of the new building. Suite 100 has a net leasable area of 2,032 sq.ft. and Suite 160 has 2,565 sq.ft. for a total of 4,597 sq.ft. of new restaurant, with a remainder of 3,803 sq.ft. existing, unoccuppied area reserved for future Retail Sales tenants. Please refer to the attached Site Plan for further clarification: parking requirements, code reference, existing conditions, and compliance. 6775 S.W. 111`h Avenue,Suite 20 Beaverton OR 97008 503 644.4222 tel 503.644.6567 fax neil.lee(a�leekainc corn e-mail www.leekainc.com web City of Tigard, Oregon 13125 SW Hall Blvd. • Tiga. OR 97223 March 24, 2009 T I GARD Erik Peterson LEEKA Architects-Planners 6775 SW 111th Ave., #20 Beaverton, OR 97070 RE: 16230 SW Pacific Highway,Minor Modification (M1vvID2009-00006) Dear Mr. Peterson, Upon initial review of your plans for change of use of two retail spaces to eating and drinking establishments, I request the following information to deem the application complete: 1) The property owner's information must be on the application.This should be a responsible officer of SN Properties, as listed on the warranty deed. 2) The applicant section of the application should be the party actually applying for the Minor Modification and,therefore, the contact person to address any issues that arise during review. 3) The total area of each use classification on the property must be reflected accurately,both on the site plan and the summary table as proposed in the application. 4) The use classifications must be corrected to reflect the area all of eating and drinking establishments less the one that is drive through. Item #4 is particularly critical for your application. Eating and drinking establishments are the highest parking ratio requirement on this site,and also the second largest area of use classification. Please refer to TMC Chapter 18.765.030.D for reductions allowed for mixed use projects. As we discussed on the phone, I will meet you on site at 10:30,March 25t. Call me at 503-718-2440 if you have any questions or need assistance. Sincerely, 4!". if , Darrel"Hap"Watkins Assistant Planner CC: File MMD2009-00006 s MMD2009-00006 Tigard Towne Square Incomplete 032409 Page 1 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 , April 20, 2007 Ethan Edwards / Al V 96 qt/P6) Baysinger Partners 44p7" 1006 SE Grand Ave, Suite 300 Portland, OR 97214 RE: Minor Modification Request, Case File No. MMD2007-00008 Dear Mr. Edwards: This letter is in response to your letter to the City, dated March 19,2007, requesting a minor modification to the Tigard Towne Square site development approval (SDR2004-00013) located at 16240 SW Pacific Highway, WCTM 2S1 15BA,Tax Lots 02500 and 02600. The following analysis shows that the proposed development is a minor modification and is hereby approved,with conditions of approval. 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. (This application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" with drive throug building located at the most southwesterly portion of the site and replace it with 12 parking spaces.)The proposal does not involve residential development and, therefore, does not apply. 2. A change in the ratio or number of different types of dwelling units. This application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. The proposal does not involve residential development and, therefore, does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. This application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. Although this modification application proposes additional parking, it is not required. The previous approval provided 865 parking spaces and this modification proposed 867 parking spaces. The minimum parking required for this site is 841 and the maximum is 1,138 parking spaces. Therefore, the proposed modification 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 application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. Therefore, this proposal does not involve a change in the type of commercial structure. 5. An increase in the height of the building(s) by more than 20 percent. The parapet height of the approved building is 19 feet. The proposed parapet height is 21 feet, or a change of 10%. Page 1 of 3 • 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. The applicant does not propose to change the type or location of any access ways. However, the applicant does propose to replace a previously approved drive through restaurant with a 12-space parking area. The additional spaces would increase parking availability but would not affect off-site traffic on Hwy 99W. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. This application is a recuest to modify the previous approved Site Development Review (SDR2004-00013) by eliminating tie 1,400 square foot "Phase II New Retail" drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. Therefore, the traffic to and from the site would be expected to decrease from that which was previously approved. 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 application is a recuest to modify the previous approved Site Development Review (SDR2004-00013)by eliminating t2ie 1,400 square foot "Phase II New Retail" with drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. The previously approve total floor area is 193,919 square feet and this modification would reduce the total floor area to 192,284 square feet. 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 application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot"Phase II New Retail" drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. No reduction in open space is proposed. 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 application is a request to modify the previous approved Site Development Review (SDR2004-00013) by eliminating the 1,400 square foot "Phase II New Retail" drive through building located at the most southwesterly portion of the site and replace it with 12 parking spaces. This modification includes an increase of landscaping area from the previously approved amount of 142,417 square feet (16.38%) to 146,396 (16.83%). 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. The applicant has proposed to eliminate Conditions of approval 3 and 5 and to modify Condition 6. These conditions of approval relate to drive aisle stacking length, reconstruction of a trash enclosure, and provision of bicycle parking for the approved 1,400 square foot Phase II Retail Building. Any modification to these conditions would require a new Site Development Review. However, the proposed eliminations and change to the identified conditions are unnecessary with the statement that the applicant does not intend to build the 1,400 square foot Phase II Retail Building. It follows that the applicable conditions would simply not be expected to be 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 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: CONDITIONS: 1. Provide water quality treatment for new parking lot area. Provide plans and calculations to the Engineering Department for review and approval prior to issuance of site permit. 2. The provisions of the March 6, 2007 Tree Preservation Plan, submitted with the Minor Modification Application, shall be implemented under the existing conditions of approval contained in SDR2004- 00013 for tree preservation. Apri119,2007 2 Minor Modification Request,MMD2007-00008 S o •..... P , ai . � . 1 b '�6 q°`# , Nw 99w it , /� = . � r PP I 1) ,-4 CO .J.,4 4. .4717111A ' II ' P. • si i� I ■ — iI J m � 11ee II 111111111i1,III1S{ ii , i 1 • - - .. • tl - m , il Ili ii jtilti ._-_ , n rn:1e 1I i K i t e I I iii Iiiiiiiilei n (' Nil. ` �_•— o �- n r v _IL Ee ECCC�;� I I I !_ � ---- i6 ileatt 1 I1 j :* --t 1 g • -J •• \ 1 (,, o =id A ai iiicii . 4\_ it j �� sa Q,, aes 1ssas•6t} 17- ® , O O J I I ' 'J N I a ►�eio .r ifzta! i I I 'fib - , Sy s. iiasaiq I „ •a �� I ,.._t_. 111 f\- 1 . 4i 'I' ". or• .il 1 — ° • \ , _ 5, 1 ----------A I 1 - 1 o p • \ I ii" ' ; i ;ucif lI L 11111 i HP a rt, t If iiii iiii ill l Ft S.W. 1 1 3 t h AVENUE s r i I { c,v, - 8 i t i '•"' TENANT IMPROVEMENT PROJ ECT FOR: LEE, 1ya�'ft, , I 1 I l t HARSCH INVESTMENT PROPERTIES ARCHITECTS PLANNERS 1 mr 1-1 I i r TIGARD TOWNE SQUARE SHOPPING CENTER ,a M �_ A,I 11 “ I -- w. SW PACIFIC HIGHWAY{Hwy 99W)6T DURHAM ROAD TIGARD,OREGON � �_E Request Letter • ARCHITECTS - PLANNERS March 27, 2009 Darrel 'Hap'Watkins City of Tigard Community Development 13125 S.W. Hall Blvd. Tigard, Oregon 97223 RE: Type I Minor Modification: MMD2009-00006 Tigard Towne Square Shopping Center 16230 S.W. Pacific Highway Tigard, Oregon Dear Mr.Watkins, In response to the findings regarding the Change of Use, we request to amend our submittal to remove the Suite 160 ( 2,565 sq.ft. lease space ) from consideration and include only Suite 100 ( 2,032 sq.ft. lease space intended for Panda Express)for the application. Please let us know if you have any questions or comments. Sincerely, Erik Peterson 6775 S.W.111`"Avenue.Suite 20 Beaverton OR 97008 503.644.4222 tel 503.644.6567 fax neilleet ieekainc.com e-mail www leekainc.com web