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MMD2008-00025 MMD2008 00025 JOY THEATER f City of Tigard, Oregon 13125 SW Hall Blvd. • Tigart.., JR 97223 • Jan,Inry9,2009 T I GARD David Emami Barrington Management 3380 SW Barrington Dr. West Linn,OR 97068 RE: Joy Theatre Minor Modification Request (MNID2008-00025) 11963 SW Pacific Hwy.;WCTM 1S135DD, Tax Lot 2700 Dear Mr. Emami: This letter is in response to your request for a Minor Modification(M D2008-00025) of the existing Joy Theatre site located at 11955/11963 SW Pacific Highway. The development is located on one tax lot and currently is made up of the theatre and a restaurant. The applicant has proposed creating tenant spaces within the existing footprint of the building. Uses proposed are retail sales and/or office. New storefronts will be constructed along the south side of the building along SW 87th Avenue,which is currently a concrete block wall. The marquee sign and building elevation along SW Pacific Highway will remain. 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. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The site currently has no off-street parking, and is therefore non-conforming. The proposed uses will not require more parking than the current use. On-street parking is provided along SW 87th Avenue and Center Street. Parking requirements are based on building square footage. No building additions are proposed. Based on calculations provided by the applicant, the proposed modifications will reduce the amount of parking required. The current uses are a movie theatre (Indoor Entertainment) and a restaurant (Eating and Drinking Establishment - Fast Food). Section 18.765 of the Tigard Development Code requires Indoor Entertainment uses provide a minimum of 1 space for every 3 seats, and Eating Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 Establishments provide 9.9 spaces for every 1,000 square feet. According to the applicant there are 440 seats within the theatre, and the restaurant is 482 square feet. Thus the minimum parking requirement is 147 spaces for the theatre and 5 for the restaurant. Total number of spaces required is 152. The proposed uses are office or retail sales. Office uses require 2.7 spaces per 1,000 square feet and Sales-Oriented Retail requires 3.7 spaces per 1,000 square feet. The building is 6,695 square feet. If the entire square footage were occupied by retail uses, then the minimum parking requirement would be 25 spaces. This is far less than the current requirement of 152 spaces. Therefore,this criterion has been met. 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. Therefore, this criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The applicant has not proposed any changes to building heights. Therefore,this standard is met. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. The proposal is to create tenant spaces within an existing building and there are no accessways or parking on the site. Off-site traffic will not be affected by the proposal. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The current uses are a movie theatre and restaurant. Proposed uses are office or retail sales. The applicant's traffic engineer, Frank Charbonneau, provided a trip generation comparison based on the current and proposed uses. The analysis shows that the PM peak hour trips will be less with the proposed uses than the current use (25-105 trips compared to 202). Mr. Charbonneau states that average daily traffic information for a movie theatre is not available from the Institute of Traffic Engineers (ITE) Manual. Staff reviewed the ITE manual and found that on a Saturday,the average trip generation for a one screen movie theater is 529 trips. This number is likely to be less on a weekday. Because the daily traffic information is inconclusive and not available, staff is relying upon the PM peak hour information. These numbers do not indicate an increase. According to the analysis provided,the trips generated by the new uses will be similar or will not increase the vehicular traffic to and from the site. 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. The floor of the theatre is sloped down 4 feet from street level. A new, flat floor will be created by backfilling the sloped area. The proposal will not increase the square footage of the building.Therefore,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. The site is entirely covered by the building. There were no open space requirements in place in 1945 when the building was constructed. This standard is met. 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. There are no recreational facilities, screening, and/or landscaping associated with this development. Therefore this criterion is met. Page 2 of 3 t t 11 A � rrsnor tOthe standard but found subject o f conditions ni This 1. and met d n° previous 1 (113).plse at the • e and the proposed determined t° and use approuvgalsli above,a Site Development e which��°t be or modification be ormOdrfr includ g a Site performed Review app 7�T h occurs tier t decision o be a mi to of m e site exis ' site. esigne s tern of Qty. 1'� �Qj�s�., �OmPlies��°�IluioY.,s t continue. The,Duecto This LE rrER ?p2'W?NG BEEN APPROVED applicable 1� ° ' g Pro mote the general l welfare 1 d L oo YOUR BALD ON 8�,1 d fed Ala prodded a e of sh ed � appro s°n 11?rnar �NGI'E.�.�?"r��O LAN.lvilV ws t, development applicant. D alV� based° drs�atian . •*royal ApPLr�7'SO Pj,E�DP�7.� Sincerely, on from dretsee�cam and N SUBMIT A COPY 1' documents sh regdesubmitte� Y OF the as we e..,/,.,_C1ie ��_� r this decision void.� the statement meet prodded b Associate es Planner 3' the Page 3of3 J 1 i�� VICINITY MAP LOFI i n nvt 1 6 , r .7s MMD2008-00025 �, '�� JOY THEATRE USE ' CHANGE < I I T 0 $ > M \' x �� S iected `' �,,„, � - v ✓6 it d 114.•.1 • . 44,6 Ip# • 4.4% 110 72. 4 ■iii . : , 'C \TZ J• iiik,iii- _� _ Information on this map Is for general location 9N 5r3, E__ r only and should be verified with the Development Services Division. r � - _ Scale 12,835.1 in=245 ft 1117 { ~� _ Map printed at 09-Jan-09 02:44 PM rA1�1 +l p1 DATA N IS WARRANTY,TY,R PRESEN TION OR THE ANTE AS T T MANES NOCCURA TY.REPRESENTATION OR COMPLETENESS OF AS TO THE CONTENT,ACCURACY.TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN THE CITY OF TIOMO SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE INFORIMTION PROVIDED REGARDLESS OF HOW CAUSED. 04 J `� City of Tigard Is�y 'Owl— PS 1Tigard,OR 972234 J, M� 503639-4171 rf, J 24411 www.tigard-or.gov r. u,+aws I 00.674.PROPEPP,l.ft p 9 S 5 1 o,<rer.. an.C.cw 5. .. .o.+W PfOPF rr m N M !TAM ID �E „� WE AREA Is.lord M # MI Dt MR< 4695 Sat 1,1 �POSED POMO li r 11LMrt6 CM./ gg • I I i I I 1 ! hi.' w gal/ EXISTING BUILDING REMAINS p g , P' I' PROJECT ' Y m 4 !1,• !I' I i r i E 1 t d fr. :.-.'' S .PACM,C 1.187 / 1 I .'' r of ¢J ..J. 8 0 ,`--,- `- 7 rEF ' _.. 1 _ __ _ _ ` iI ----------- '�'.�^— _____�_ EYbi4p PPOP9Mr Lt. .;- :- ea I N AL APPROVAL E,I9r,��DEW<.x � . .ur CITY 4 "I'Gi PLA NPNG DIVISION REF 9 KR I S.W.PACIFIC NYaF+WA" $----- WR _ 1�-;a_cz_ i <_.NGrE! i 31.01 BY --� . ,.% :' SITE FLAN l;vXf �IN; REMAINS) ., MAILING RECORDS AFFIDAVIT OF MAILING Ey! 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: {Check A piynute Box(s)Below) © NOTICE OF DECISION FOR MMD2008-00025/JOY THEATRE USE CHANGE (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 January 9,2009,and deposited in the United States Mail on January 9,2009,postage prepaid. / Lai _ . .../�si (Person that Prepare• 1 mice).— STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 13 day of "4114M"7 ,2009. OFFICIAL SEAL ra;;Ag— SHIRLEY L TREAT - NOTARY PUBLIC-OREGON COMMISSION NO.416777 MY COMMISSION EXPIRES APRIL 28,2011 NO ARY PUB C OF ORE G N My Commission Expires: 4451// City of Tigard, Oregon 13125 SW Hall Blvd. • Tigar,,, JR 97223 EXHIBIT A • q • January 9,2009 T I GARD David Emami Barrington Management 3380 SW Barrington Dr. West Linn,OR 97068 RE: Joy Theatre Minor Modification Request (MMD2008-00025) 11963 SW Pacific Hwy;WCTM 1S135DD, Tax Lot 2700 Dear Mr. Emami: This letter is in response to your request for a Minor Modification (M1v1l)2008-00025) of the existing Joy Theatre site located at 11955/11963 SW Pacific Highway. The development is located on one tax lot and currently is made up of the theatre and a restaurant. The applicant has proposed creating tenant spaces within the existing footprint of the building. Uses proposed are retail sales and/or office. New storefronts will be constructed along the south side of the building along SW 87th Avenue,which is currently a concrete block wall. The marquee sign and building elevation along SW Pacific F ighway will remain. 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. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The site currently has no off-street parking, and is therefore non-conforming. The proposed uses will not require more parking than the current use. On-street parking is provided along SW 87th Avenue and Center Street. Parking requirements are based on building square footage. No building additions are proposed. Based on calculations provided by the applicant, the proposed modifications will reduce the amount of parking required. The current uses are a movie theatre (Indoor Entertainment) and a restaurant (Eating and Drinking Establishment - Fast Food). Section 18.765 of the Tigard Development Code requires Indoor Entertainment uses provide a minimum of 1 space for every 3 seats, and Eating Page 1 of 3 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 Establishments provide 9.9 spaces for every 1,000 square feet. According to the applicant there are 440 seats within the theatre, and the restaurant is 482 square feet. Thus the minimum parking requirement is 147 spaces for the theatre and 5 for the restaurant. Total number of spaces required is 152. The proposed uses are office or retail sales. Office uses require 2.7 spaces per 1,000 square feet and Sales-Onented Retail requires 3.7 spaces per 1,000 square feet. The building is 6,695 square feet. If the entire square footage were occupied by retail uses, then the minimum parking requirement would be 25 spaces. This is far less than the current requirement of 152 spaces. Therefore, this criterion has been met. 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. Therefore, this criterion is not applicable. 5. An increase in the height of the building(s) by more than 20 percent. The applicant has not proposed any changes to building heights. Therefore,this standard is met. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. The proposal is to create tenant spaces within an existing building and there are no accessways or parking on the site. Off-site traffic will not be affected by the proposal. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The current uses are a movie theatre and restaurant. Proposed uses are office or retail sales. The applicant's traffic engineer, Frank Charbonneau, provided a trip generation comparison based on the current and proposed uses. The analysis shows that the PM peak hour trips will be less with the proposed uses than the current use (25-105 trips compared to 202). Mr. Charbonneau states that average daily traffic information for a movie theatre is not available from the Institute of Traffic Engineers (ITE) Manual. Staff reviewed the ITE manual and found that on a Saturday, the average trip generation for a one screen movie theater is 529 trips. This number is likely to be less on a weekday. Because the daily traffic information is inconclusive and not available, staff is relying upon the PM peak hour information. These numbers do not indicate an increase. According to the analysis provided,the trips generated by the new uses will be similar or will not increase the vehicular traffic to and from the site. 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. The floor of the theatre is sloped down 4 feet from street level. A new, flat floor will be created by backfilling the sloped area. The proposal will not increase the square footage of the building. Therefore,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. The site is entirely covered by the building. There were no open space requirements in place in 1945 when the building was constructed. This standard is met. 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. There are no recreational facilities, screening, and/or landscaping associated with this development. Therefore this criterion is met. Page 2 of 3 4 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. Staff has performed a search of City Records but found no previous land use approvals, including a Site Development Review. This standard 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 HAS BEEN APPROVED BY THE PLANNING DEPARTMENT SUBJECT TO THE FOLLOWING CONDITION AND LIMITATIONS. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. Limitations on Minor Modification Approval This approval is based on the plans and drawings submitted, as well as the statement provided by the applicant. Deviation from these documents shall render this decision void. Sincerely, Cheryl Caines Associate Planner Page 3 of 3 I -1' I %ter, VICINITY MAP — LOMI IA AVE � 45 . . _ 7 .l MMD2008-00025 Oh �y"7, .e..,2%,, JOY THEATRE USE CHANGE *110. xl Illk IE S,alecikd c e--, .41 A. IA v \ rr-4, 40 iip. - .... . 444% V#. 111111111.- 7' 4 dill° ":1 AV NI 111‘ • ..,_ <,... ..„*...04 ,, G` GT. Y r Information on this map is for general location I- only and should be verified with the Development 1111111°11111111111' .... 1_ Services Division. r � Scale 1:2,935-1 in=245 ft Map panted al 09-Jan-09 02:44 PM rARt�F N Pt DATA N DERIVED TY R MULTIPLEATI SOURCES_R GUARANTEE CRY AST T ES NO WARRANTY.RE LINESS OR ON OR TENESS OF AS TO THE CONTENT,PROVIDED OVIDED H TIMELINESS OR F TIGARD SHALL OF ANY OF THE 4S DATA PROVIDED HEREIN THE CITY OF OMISSIONS,O RD SHALL ACIES IN HO 0.,1/4414. LIABILITY FOR ANY ERRORS, REGAR L SS INACCURACIES N!THE r^ INFORMATION PROVIDED REGARDLESS OF NOW CAUSED.A...., /. \ City of Tigard �r \ �GARD PS (Tgard OR 97223 1Se- I T M 503 639-4171 0 24411 www.tgard-or.gov r--_ 1 .4 PP0i1... • ..,L 1 ' t . 0.0"16TICE PROPER',ID I 1101,00 e.,00.5 Coro,15.1.01 RE1.0.0 LL..........j Er.TE 0 160.100i7010 sim AMA 10>Ea PE I 1 ; I (...........ormoi .0.0.1 PRE, N.YIP, PROPOPEC PO"TIO -1' ', f 2 vale ,,,•..,,,,,,,,,,..,....,,, i , r ueE;OERI...Z...P./, .000z B.OEIT:PtIENT 13 OCCPPoe w.s. OMR.? 110•101 0,0 30 00.0.V...0 i PROPosec 0,000 Sr 0 0.E.......75 / 1 I i 0 i iiN # 1 i 1 k I lit! Ex160.EaCEWALE .19,14.... . ; . 1 , EXISTING 5UILDING REMAINS /i :,l. I , , ,.. , . • ,, ... i, !.r, ,.....H . I. THIS rT. I: PROJEC: k !• ' ' g i Y/ I :0 • 1 i 1 . o / —,L I SA PAESIC WIT fi ! I I vIciNi-nr MAP ii / /. • ...... ....+.,...............*,.......,......,-.,....e*...*.si I I la . ..::: 4 1 - FINAL APPROVAL d ' t I CITY OF TIGARD PLANN1h4G DIViSION ‘.....--) _______. ....._..._....._. _ SAU PACIFIC HIGHWAY K. 7 By1.1. 2___-' DATE 40_ - . I . . . ■ .:;';'1 r',.I SITE PLAN (EXISTINC1 REMAINS) MOE li 1 A 1 i,. INER ■ TIGARD JOY CINEMA LLC EXHIBIL8_ BY DAVID EMAMI 3380 BARRINGTON DR WEST LINN,OR 97068 .•1 City o f Tigard �;r!Ul . , „: , Minor Mo ication 'ype Z ppl�catxon .:L.:,,,,,.„,,,,,,,.....,,,. 1GF�NER.AL INFORMpTIQN in addition, the Director must find that the proposed f - P+operly Address/Locat7ion(s): _ to a coxnpltance with all applicable requireme.ats of 6 3 !� _ Title 18 of the Tigard Development Code. To complete l� ay this review, the Applicant's proposal must include a Tax Map &Tax Lot# (s): discussion indicating how the site expansion/change will J 'S . -- �or N1 ' ' continue to comply with the maximum setback, building ►`'Site-Si,-. %10. ,s•. ja ; height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste Applicant*: iielhcA,p r't 4 i 4i storage, non-conforning situations, signs, and tree Address: • &) J cl? L ,elFd 64 ,.-bQ.• removal may also be applicable depending on the type and City/State: Zip: p location of the proposed modifications. Primary Contact: ti, I,p Phone: e;(:Olit . 14 4,"I Fax: ..*S•12. ***40^4 E-Mail: ze4e4 ►r�►_f",it,44race,E•NtLf,cr - �1 '' Property Owner/Deed Holder(s)*: ILE(Attach list if molt than one) Q> D SUBMITTAL LLEMRNTS Q. kkit 37 PA-•141144) (Applications will not be accepted without the following required submittal elements) Address: eS._Q.#4,WpCoerft.e l , : ' —. . t� 1 City/State:L,!'.L.l,�q� . Zip: " �� _8 Application Form 1 ■ Owner's Signature/Written Authorization " When the owner and the applicant are different people, the p ❑ Ttl,e Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in ❑ Site Plan(3 Large Plans&One-Reduced to 81/2"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 0 Filing Fee $374.00 written authorization with this application. 1 n52XModifacations.; 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 STAF FLQSE ONTOC Review or Section 18.330.020(8)(2) - Conditional Use. If the i) cad - �`z.r . modification exceeds the maximum allowed under any one or �3e 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.: ,v - 3 Applicant's Statement: Date: ii/L.‘/D-f-'-, The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(B) or Application Accepted By 18.330.020(13)(2) must be addressed with a detailed response Date Determined Complete: l a-3I- 0 8 to each criterion. Failure to provide the information needed .T.cd: 1+rro„-09 to process the application would be reason to consider an • i.\�tis.ta\nxvccnAland tnc n 1G1�nac\minor modification ,..drxx application incomplete and delay review of the proposal.. City of Tigard J 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 2 To consider an application complete,you will need to submit ALL of the REQU-I1 ED-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 notolate any deed restrictions that may be attached to or imposed von the subject property • If the application is granted,the applicant will exercise the rights granted in accordance with the tents 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 day of 1ZDV - Owner's %gnature Owner's Signature ()AV rn ��►>� Owner's 5 gnu Owner's Signature Owner's Signature _ Owner's Signature OLyof Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 www.tigard-or.gov 1 Page 2 of 2 1111 CITY OF TIGARD 11/25/2008 Y s 13125 S\\'Hall Blyd. 4:18:41 PM Tigard,OR 97223 503.639.4171 TIGARD A Receipt #: 27200800000000003961 Date: 11/25/2008 r Line Items: Case No Tran Code Description Revenue Account No Amount Paid M MD2008-00025 [LANDUS] Minor Modification 100-0000-438000 500.00 MMD2008-00025 [LRPF] LR Planning Surcharge 100-0000-438050 47.00 Line Item Total: $547.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check ROBERTJ. WOLF KJP 587 In Person 547.00 Payment Total: $547.00 caccc pi rpt Page 1 of 1 • 11/17/2008 23:07 5035573352 PAGE 01/05 Barrington Management, LLC Fax To: Bob Wolf From: Sarah Bochsler Fax,: 503-236-7804 Fax: 503-557-3352 Phone: 503-236-7793 Phone: 503-557-3350 Date: 11/18/2008 Pages: 5 Subject: Joy Cinema Notes: 11/17/2008 23:07 5035573352 PAGE 02/05 • g TICOR TITLE INSURANCE COMPANY Commercial Office 1000 SW Broadway,Ste. 1555 •Portland OR 97205 (503)242-1210 • FAX:(503)242-0770 October 9, 2002 David Emami 3380 Barrington Drive West Linn OR 97068 Order Number: 781516 Title Number: 781516 Regarding: Emami (Borrower) Property Address: 11955 SW Pacific Hwy Tigard, OR 97223 County Washington Enclosed please find a Preliminary Title Report for the above referenced transaction. The report discloses the current status of record title and other requirements for the issuance of a title policy. Any of the numbered "exceptions to title", which may be removed prior to closing this transaction,will be deleted from the final policy. We thank you for giving us the opportunity to be of service to you. Please contact me at the phone number above with any questions you may have regarding this report. Sincerely, TI R TITLE INS RANCE COMPANY rt 4(Kar uns r1ocejr ' (1 Copies Sent To: David Emami Richard Foley Centennial Bank Co*rxnerdal Office Thor Title Insurance Compgny 11/17/2008 23: 07 5035573352 PAGE 03/05 TICOR TITLE INSURANCE COMPANY COMMERCIAL PRELIMINARY TITLE REPORT Commercial Office 1000 SW Broadway,Ste. 1555 •Portland OR 97205 (503)242-1210 • FAX:(503)242-0770 October 9, 2002 Order Number: 781516 Title Number: 781516 Regarding: Emami (Borrower) Property Address: 11955 SW Pacific Hwy Tigard, OR 97223 County: Washington Title Officer: Robin Hamilton Escrow Officer: Karen Duns hamiltorr @ticortitle.com dunsk@ticortitle.com Can be reached at 503-219-1113. DATED AS OF September 30, 2002, 8:00 am VESTING: DAVID EMAMI LEGAL DESCRIPTION: Lot 1, HOFFARBER TRACTS, in the City of Tigard, County of Washington and State of Oregon. EXCEPTING THEREFROM that portion described in Deed to the State of Oregon, by and through its State Highway Commission, recorded March 15, 1940 as Fee 2616 in Deed Book 188. Records of Washington County. COMMERCIAL PRELIMINARY TITLE REPORT(REPOM) 1 11/17/2008 23: 07 5035573352 PAGE 04/05 A. The Standard Policy exceptions and the following Special exceptions shall appear on the final 1992 ALTA policy unless removed prior to issuance: a) Taxes or assessments which are not shown as existing liens by the records of ary taxing authority that levies taxes or assessments on real property or by the public records. b) Proceedings by a public agency which may result in taxes or assessments.or rotices of such proceedings,whether or not shown by the records of such agency or by the public records 2. a) Easements,liens,encumbrances.interests or claims thereof which are not shown by the pubic records, b) Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or by making inquiry of persons in possession thereof. 3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose, and which are not shown by the public records. 4. a) Unpatented mining claims; b) Reservations or exceptions In patents or in Acts authorizing the Issuance thereof; c) Water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records 5. Any lien or right to a lien,for services,labor or materials heretofore or hereafter furnished,imposed by law and not shown by the public records, NOTE: Property taxes PAID Tax Year: 2001-02 Tax Amount: $2,412.46 Tax Acct Number; R276999, 1 S135DD-02700 6 Property taxes Lien due but not yet payable. Tax Year: 2002-03 7. Tigard city lien(s), if any. None shown as of September 30, 2002. 8. Covenants, Conditions and Restrictions, including the terms and provisions thereof, contained in deed. From: John Zednik and Alice J. Zednik, husband and wife To. John J. Taggart Recorded Date; June 30, 1939 Recording Number: Deed Book 181. Fee No. 7143 But omitting any covenant or restriction based upon race, color, religion, sex, handicap, familial status or national origin unless and ony to the extent that said covenant (a) is exempt under chapter 42, Section 3607 of the United States Code or(b) relates to handicap but does not discriminate against handicapped persons and omitting restrictions, if any, based on limitations on facilities authorized under provisions of ORS 443.400 to 443.455 (Residential Facilities and Homes) or 443.705 to 443.825 (Adult Foster Homes). Additional Requirements/ Notes: This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium Is paid. Miscellaneous Title Charges: Govt Service Fee: S50.00 COMMERCIAL PRELIMINARY TITLE REPORT IRE.44> 2 11/17/2008 23:07 5035573352 PAGE 05/05 The sketch below is made solely tie purpose of assisting in l..., :ating sz:irl tiises and :. s:• the compatty assumes no tiabil,., for variations, if a.ny, in dimensions F... ,00ation . ascertained by actual survey. TICOR TITLE INSURANCE - .w— ail. a ' ;y A Q . e e 28 .5 � 1 (C-5.Nv.)I 745) 'l1i• 0 -14 41 i . J %' C.S. 6833 4' 1 �,,I •►s x s \b0P6 . 'IP§ji 23. 81 . ,:,. :. s• 1 0y° a e °fi C.S. 8289\0 t 9 i \•.. C.S, 5283 i 'S '� t ��o -f a \i- AG. 8,r so7•aa.s o� ll. �,' i;1a a 30 Z n4 1 r •, I ill \ ►A • N. 3301 i o \ P -- 6,77 AC. al r' • s to P c \o(' - ! 1RIM. POINT `p 1 oirl r 25 9 cie c 1.4-9- 4 - 4 * f I e .4p4 a �' k-r C \A' 9Q AG. 11 bra m a r�t 7% oy M ova �� ` ,0!e4' „,..< 5 O ►�°• w •�' )� 1 f i r y • \ •: ►a+y°� +w Zs sJ # / y �tiS ���'�O�i� qt ,e '} 5 Sy. 1 � `�`l 0ics.ia34) s !0 .6..�p9+� T. ^ ' • o \l`J� � 6o i Q �\ 4700 f .t � ►•S e .27 de \ ° ° 1 ►SM o 3 � 1 tit •A( \ *fie`-IC•S.No.12077) QQ `'S \ do X49 9 4900 Z,8 AG. yy ) aC !•° a ••2)AC. r. 4600 - -. c°' '•,° .r, t . - `� 2\ 1Q Y k W 06Ae ' ,a�'d 5102 ►1► ►Z∎0 1 t 1 la- 15." '` ` v� 6 5000 ' •• y '° Q6Ci� r3 �yo �°1`a'C► A ao ct. V ,�, k �4.,46-,`" � 5100 P+a `� s. .34.4c.l* ` e - •f CA .0b.�l�" 5106 'au,, dz{ � c SEE MAP 25 I 2AA a�et ,2BAc. o .b 7• say 0' -%t The Joy Theatre 11959 S.W. Pacific Hwy. Tigard,Oregon November 20, 2008 Change of Use It is the intent of the Owner to change the use of an existing Movie Theatre to a Business use. The Theatre is small and out of date with the multi-screen Theatre's in use today. Attendance is down to the point where the Theatre will close or be changed to another use. Changing the use will keep an existing building in use and a viable part of the Neighborhood. The location of the building is visible from Highway 99 (east and west) and accessible by pedestrians using other stores and shops in the area. The Owner is committed to the improvement of the building for business/retail use. Improvements will include new storefronts along the west side of the building. Also, awnings will be installed to improve pedestrian access to the building,keeping people shaded or dry during hot or wet weather. Change of use will require a minor modification to the Planning Code. Exterior Modifications will require a Type II review process. Historic overlay requirements are subject to the Cities review. The Develop%intends to remodel the interior space including new Storefront entries along S.W. 8r Street. Interior spaces will have a new floor constructed at the elevation of the existing sidewalk along the west side of the building. The building will include new Toilet Rooms and access for the Physically Handicapped. 18.360.050 MAJOR MODIFICATION(S) TO APPROVED PLANS OR EXISTING DEVELOPNMENT To 11959 S.W. Pacific Hwy B. Evaluation Criteria. The director shall determine that a major modification(s) will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; Not applicable to this application. The request is a Change of Use for commercial development. 2. A change in the ratio or number of different types of dwelling units; Not applicable to this application. The request is a Change of Use for commercial development. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; There is no on-site parking associated with this property. The change in use is from Indoor Entertainment to Commercial Business with parking requirement reduced from (3) per 10 seats to (4) per 1,000 square feet. The parking requirement is reduced therefore additional parking is not required. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; The change in use is from an "A" (assembly) occupancy to a "B" (business) occupancy. A lesser use with less restrictive requirements. All changes required by the Uniform Building Code will be submitted for approval prior to construction. 5. An increase in the height of the building(s) by more than 20%; There will be no changes to the height of the building; therefore the height increase does not apply. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected; There is no on-site parking associated with this property. The change in use is from Indoor Entertainment to Commercial Business with parking requirement reduced from (3) per 10 seats to (4) per 1,000 square feet. The parking requirement is reduced therefore accessways are not required. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; There is no on-site parking associated with this property. The change in use is from Indoor Entertainment to Commercial Business with parking requirement reduced from (3) per 10 seats to (4) per 1,000 square feet. The parking requirement is reduced therefore a decrease in vehicular traffic is expected to be less than the present. 8. An increase in the floor areas proposed for a nonresidential use by more than 10%excluding expansion under 5,000 square feet; There will be no changes to the area of the building; therefore the floor area expansion requirement does not apply. 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%; There is no open space associated with this property. When the building was built (late 1945) common open space was not a requirement, therefore common open space requirements do 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 There are no Recreational facilities associated with this property. When the building was built (late 1945) Recreational Facilities were not a requirement, therefore recreational facilities requirements do not apply. b. Screening There is no Screening associated with this property. When the building was built (late 1945) screening was not a requirement, therefore screening requirements do not apply. c. Landscaping provisions There are no Landscaping provisions associated with this property. When the building was built(late 1945) landscaping was not a requirement, therefore common open space requirements do not apply. However, the owner/developer does intend to provide large potted plants along the west side of the building, to help mitigate the absents of plantings. 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. Condition of approval will be reviewed by the owner/developer and acted upon per agreement with the City of Tigard. City of Tigard, Oregon 13125 SW Hall Blvd. • Tigan., JR 97223 11111 T I GARD December 19, 2008 David Emami Barrington Management 3380 SW Barrington Dr. West Linn, OR 97068 RE: Joy Theatre Minor Modification Request (MMD2008-00025) 11963 SW Pacific Hwy.;WCTM 1S135DD,Tax Lot 2700 Dear Mr. Emami: The City has received your application for a Minor Modification (MMD2008-00025) for a change of use within the Joy Theatre building. Staff has completed a preliminary review of the submittal materials and is requesting the following information to deem the application complete and process the review: 1 —The building area on the site is 6,695 square feet. The narrative states that a new floor will be constructed at the elevation of the existing sidewalk. How would this not increase the square footage in the building? What will be the final square footage? 2—The plans show the proposed use as office/business,but the narrative states business/retail. Which is correct? 3 —Please provide minimum parking calculations for the existing uses (indoor entertainment and eating/drinking establishment) and proposed uses. 4—Please illustrate how the vehicle trips will not increase based on estimated trips from the ITE (Institute of Transportation Engineers) manual. Should you have any questions,please contact me at 503-718-2437. Sincerely, u , a . e .� Cheryl A. Gaines Associate Planner City of Tigard Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-orgov • TTY Relay: 503.684.2772 RECEIVED TRANSMITTAL DEC 3 .120(1:.1 LETTER CITY OF TIGAR[) AlA DOCUMENT G81O gtams DIVISION PRO)ECT;r-- c 41 � � ARCHITECT'S (name, address) PROJECT NO: DATE: i'. ' trt + 1327 TO: -44P— -1 t F;'! �✓ -' If enclosures are not as noted, please CJ t- ' ( inform us immediately. ` � If checked below, please: ATTN: Goa♦) (� ( ) Acknowledge receipt of enclosures. L -1 ( ) Return enclosures to us. WE TRANSMIT: herewith ( ) under separate cover via ( ) in accordance with your request FOR YOyR: - approval ( ) distribution to parties ( ) information ( ) review & comment ( ) record ( use ( ) THE FOLLOWING: ( ) Drawings ( ) Shop Drawing Prints ( I Samples ( ) Specifications ( ) Shop Drawing Reproducibles (. ) Product Lit rature ( ) Change Order ..1)4! COPIES DATE REV.NO. DESCRIPTION ACTION CODE ACTION A. Action Indicated on item transmitted D. For signature and forwarding as noted below under REMARKS CODE B. No action required E. See REMARKS below C. For signature and return to this office REMARKS COPIES TO: (with enclosures) 0 BY: MA DOCUMENT Gt110 • TRANSMITTAL LETTER • APRIL 1970 EDITION • AIA• • COPYRIGHT 0 1970 ONE PAGE THE AMERICAN INSIMUTE OF ARCHITECTS,1785 MASSACHUSETTS AVENUE.N W.,WASHINGTON,D.C.20036 2/I'd 096T86S2OS:cl :woad 2:00 L002-T2-i'IUW 12-16-08 Re: Response to review of Minor Modification the Joy'Theatre Dear Cheryl: Item No. 1 The existing floor of the theatre portion of the building slopes from the lobby level. Which k approximately sidewalk level, down to the stage/screen area about 4'-0" in elevation. This is to accommodate viewers while watching a film. The floor is designed in a bleacher style, so when your on the floor at the stage area your about 4'-0" below the sidewalk level. This is the area we will backfill to our structural engineers specifications. Item No. 2 The developer proposes office retail sales use. Item No. 3 Parking Calculations Indoor Entertainment(440 seats,existing) Min 1 per 3 Seats 147 Spaces Req'd Max 1 per 2 Scats 220 Spaces Req'd Eating Drinking Establishments(482 S.F., existing) Min 15.3 per 1,000 S.F. 8 Spaces Req'd Max 23.1 per 1,000 S.F. 11 Spaces Req'd Office(6,695 S.F. gross floor area) Min 3.9 per 1,000 S.F. 27 Spaces Req'd Max 5.9 per 1,000 S.F. 40 Spaces Req'd Retail Sales (6,695 gross floor area) Min 3.7 per 1,000 S.F. 25 Spaces Req'd Max 6.2 per 1,000 S.F. 42 Spaces Req'd Item No. 4 See the attached calculations provided by our Traffic Engineer, Charhonneau engineering. 2/2'd 096186S20S:ol :woad 20:00 L002-T2-�IdW FROM : CHAR$CNNEiIJ ENGINEERING I FAX NO. : 503 293 1119 ,ec. 1B 2008 12;iPM p1 rase 1 01 1 Charbonneau From: Charbonneau [Franke charbonneauengineer,com] Sent: Thursday, December 18, 2008 11:53 AM To: 'Bob Wolf(BobcResourceGroupPdx.com)' CG: David Emami (Emami007 @comcast.net) Subject: Tigard Trip Gen Contacts: Bob Wolf Revised Trip Generation: Sob We have made the following trip generation comparison&for the uses described by David this morning. General Office, 6,695 square feet: Average daily traffic 73 trips to 166 trips/day PM peak hour 10 trips Retail,6,695 square feel: Average daily traffic 287 to 1,171 trips/day PM peak hour 25 to 105 trips Movie Theater w/440 seats: Average daily traffic(nut provided by ITE) PM peak hour 202 trips(Saturday peak hour) Frank Charbonneau, PE, PTOE Charbonneau Engineering LLC 12/1 8/2008 2/2'd 096I86SEOS:O1 :WOJJ 20:00 L002-Z2-dt* Cheryl Caines From: Charbonneau [Frank @charbonneauengineer.com] Sent: Wednesday, January 07, 2009 9:34 AM To: Cheryl Caines Subject: RE: Tigard Joy Theatre Hi Cheryl —With the proposed uses identified (office = 6,695 SF & retail = 6,695 SF) the PM peak hour trip generation will be less than 100 trips according to our calculations based on ITE. Please let me know if you need further input on this. Frank Charbonneau, PE, PTOE Charbonneau Engineering LLC 503.293.1118. Original Message From: Cheryl Caines [mailto:cherylc @tigard-or.gov] Sent: Tuesday, January 06, 2009 4:54 PM To: 'Frank @charbonneauengineer.com' Subject: FW: Tigard Joy Theatre I forgot to attach the report. Cheryl From: Cheryl Caines Sent: Tuesday, January 06, 2009 4:53 PM To: 'Frank @charbonneauengineer.com' Subject: Tigard Joy Theatre Frank, I've reviewed the trip generation information you provided for the Joy Theatre. Is the conclusion from this that the number of vehicle trips will not increase by more than 100 with the proposed change of use? I've attached your report. I apologize, it is upside down. Cheryl Caines Associate Planner City of Tigard (503) 718-2437