Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
MMD2009-00014
MMD2009 00014 TIGARD TOWNE SQUARE CHANGE OF USE : BISCUITS CAFE NOTICE OF TYPE I DECISION q MINOR MODIFICATION (MMD) 2009-00014 TIGARD TOWNE SQUARE CHANGE OF USE 120 DAYS = 08-07-2009 SECTION I. APPLICATION SUMMARY FILE NAME: Tigard Towne Square Change of Use—BISCUITS CAFE CASE NO.: Minor Modification (MMD) MMD2009-00014 PROPOSAL: Applicant proposes to change 2,565 sq. ft. of retail space to eating establishment. Twenty six additional parking spaces will have to be created by re-striping four spaces and adding new striping for twenty spaces. No new surfaced area wi be created. APPLICANT: Erik Peterson OWNER: SN Properties LEEKA Architects J. Randy Kyte 6775 SW 111th Ave., Suite 20 1121 SW Salmon St. Beaverton, OR 97008 Portland, OR 97205 LOCATION: 16230 SW Pacific Hwy.,Suite 160;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. 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. MMD2009-00014 Tigard Towne Square Change of Use Decision 041009 Page 1 CONDITIONS OF APPROVA _ PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Applicant shall have all parking spaces smaller than standard marked as compact spaces. 2. Applicant shall request final inspection by the Planning Division prior to requesting final inspection for occupancy from the Building Division. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTVE 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 proposed change of use is for eating establishment at suite 160 at the south end of the building. It is currently classified as retail space and an increase in parking requirements of 26 spaces will be applied. The par_ung lot currently matches the minimum parking requirements for the cumulative business uses on the project site. Proposal Description: The proposal is to re-stripe 34 spaces that are standard or larger to create 6 additional compact parking spaces. Five compact spaces will be striped behind the buildings between Rite Aid and Albertsons, an area that has been used for parking but not striped as such. Fifteen new standard spaces will be added along the south side of the service entry driveway behind Rite Aid. This will account for the 26 additional spaces required for the proposed eating establishment. 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 26 additional parking spaces and will be achieved by re-striping 34 spaces that are standard and larger and striping 20 new spaces on existing asphalted areas. This will result in a new gain of 11 compact and 15 standard 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; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. MMD2009-00014 Tigard Towne Square Change of Use Decision 041009 Page 2 . _ 5.. An increase in the ight of the building(s) by more that 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. 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. The proposed use will have fewer than 100 seats, thereby creating 88 trips per day per ITE Manual, 6`'' Edition, Volume 2, High-Turnover (Sit-Down) Restaurant (832). Therefore, this criterion has been met. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; There is no proposed 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 MMD2009-00014 Tigard Towne Square Change of Use Decision 041009 Page 3 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. THIS DECISION IS FINAL ON APRIL 10, 2009 AND BECOMES EFFECTIVE ON APRIL 11, 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. *S to April 10,2009 APPROVED BY: i1"Hap"Watkins DATE Assistant Planner MMD2009-00014 Tigard Towne Square Change of Use Decision 041009 Page 4 I VICINITY MAP __ J ..1.1.. 1 i J MMD2009-00014 v UURr1APA r;rj TIGARD TOWNE SQUARE �; ---- _ CHANGE OF USE: BISCUITS cN -T CAFE "772 •1772 ..332 "332 •'772 11392 ••372..- "332= I 16273 732 `"972 772 "932 U subject Site - "932 +1792 11,912 1932- 1:.932,u ..732 11332 ..992_ � ::::--- .:. -E238,:[ -•E233 :E233 •E2:1.1E2. 'E233 'E2C0 .. 'c281 I 'E2J., E233:: 'E2.3 Q E23: 'E2:: 'E1E4 'E2 1 88 - 1ilt 1:1 1E23-'f � V 'ytE21: Q jj I 'E233 'E289 rT , 1£233 • 'E28: •311: 1E28. .199: 7111: .733E 1E288 1324 L.-- _ 'E243 Information on this map is for general location KING JAMES PL •E288 only and should be verified with the Development Services Division. •'938 ,E2°8 Scale 1:2,364-tin=197 ft 1'E2 LIE Map printed at 10-Apr-09 0902 AM 'E338 •,43 "E'.3 DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TIGARD MANES HO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS E ANY OF THE DATA PROVIDED HEREIN.THE CITY OF TIGARD SHALL ASSUME N(] LIABILITY FOR ANY ERRORS,OMISS05LESS INACCURACIES IN THE .19E 3 INFORMATION PROVIDED REGARDLESS OF HOw GUSED 1 988 City of Tigard ROYAL L'ILLA DR I�ARD PS 131g25d,OR97Blvd T" T MA SD3639-4171 6i �1 ':7 LIIL w tlgard-or.gov .s II `1`'7 r • S. W. DURHAM ROAD CO A . RD. NO. 429) 1a..lff N�u.LA1w.wLOw O HARSCH9TH°F °��° INVESTMENT PROPERTIES 'ill .0 :. 4444: -- .... 4444. s-� ST ONE Ii• BANK WASHINGTON - I ..+.1we�. -:?�'%} UTUAL O] Ioi , I :BANK O 04]60 8F Z 6 0 i R n / I a I iff F1 I N wo D1 McDONALDS _. l! W i So re 9b BF + / r / / _- RESTRIPE(10)9'--ME // STANDARD SPACES CO A. R - :_ / - - A ' • (1 2)ra•Nn DE COMPACT WC") 3 (a �j �.. -- 90,]5'•,2 W z s _= Hx8 ■ • o 4. t/, T w' Q ; J 3 > 1 610 s 1.1.1 I--I Q ,.F,bSA/( �_\�\�`F'\ \ - f/� s�.ei-9i! wd W g: <^ Z o4 RETAIL J TIN TIN `� Ra uR _OIL. y . 9 3E Co) rr0� �■o - i- 2- - z BUFFET - a. er �• ,; \ /® _ .51' �5, v u o RESTAURANT Z •py� ,��j \\_17'7 ALBERTSONS c, 214 Si a,�';'f s\`V - -%1, .e.w SF ® ® %m ® rT_: RITE AID .,,z. .� w w Cd ,Z4 s DRUGS `T]., O �.,��- _0 21.an sF 1 -+0- - \4... t\\\\\\\A -0- T t .pmTxN ® E' w d 46 BLOCKBUSTER m -- co 6.407 SE imp, 8 O H d RESNDARD12)SPACES CO • ■ -' ® (SINEW PARKING a lJ Cfp STANDARD SPACES TO -.., SPACES(7.SOSS) (14)T-9-WIDE COMPACT a PNY0110180 r I I I 3 108,]]5•1• 'q FIT © 1 _e.. p ,^� W (I,u6�1 rr+ L.° LA\\\\\\\\\\\\\\�\ DA�G •, =, • �T � ��� RO - BOOK STORE .•.. 1CO.-AC,Ort SPACES(9%R�\ oROrG • (L C ' _� 2.a)SF ® D.. �/ .. ..-. •7� i to Appr, vad Fy• \\' T - (^ -N - ^1 r./n tionally Approved • \\ • „■ DOTTY•s Bas •0 \\\\ ' -' suewnr J )r nlA the r S d@ CribPd(n: _,1■aN _ _ 1.OS SF © ;P 4 RM{T NO� i/ 49/7 For- �-+ Gl u -- See".etter to: Follow WD LA\\\\\\\\\\\\V ° PARTY MARL _/ V �° ♦... IMO SF rurw•FNr.[ Mrr1o•aler• a trt .44• o. RESTRIPE(12)PP W10E ... 8 S.0 _ _ _ 1 T°-I STANOARO SPACES TO v "1 �- __- _ _-_ _ _ _ _ _ _ _- S arPrn.Pyr.s.wm muraw IS GEl A ix EBSS.r ?M1 js p/ E'�‘..7......1)---y..�4 (1 4)7?WIDE COMPACT - - - - - - - - v•o - - - - - R I / ,• Dste•'�� LA 1Ce11.75.14 S n'`/ar6r>- ri . I3 aa■� qf�f O :. REFERENCE _ CODE REFERENCE: ,y' MARSHALLS ■ E' � SITE PLAN •BUILDING DEPARTMENT: CITY OF TIGARD YY St,N1 8F •BUILDING CODE: 2007 O S 9 C.(20061.B.0 NM Onpn MwN61M) c� , J •OCCUPANCY GROUP: M 0 V\\\\\\\\\` ® �, JD�I SC,a16: I��=SO•-O�� \ / .CONBTRVCTION TYPE: Y B(BOriNNrMI jf • \\\\_V+_- [p` � •TOTAL BUILDING AREA: 6,M0 S9.FL • •MOUECT TYPE COMMERCIAL TENANT IMPROVEMENT •aU8INES5 USE. RE1AIl oAtESI RESTAURANT PARKING REQUIREMENTS. •NO.OPLEVELS: ONE STORY e •TENANT LEASE AREA. 2.36354 P. I v AREA Pa* PBr Sugolal Meted Use TOTAL FalrkMq •NO.OF EXITS: REOUMED •2 �7 d ° EXISTING (�'8') 1,000 s.l. Modifier • S PROPOSED•] N/ T VALUATK7N. 691.000 00 \\\\\\Ca\�+ �- R RMail-General Sales 156,219 3.7 565.11 1.00 565!1 Count uM 1 P\ \ DOLLAR TREE Personal Services 4202 2.5 10.51 0.60 841 •OCCUPANCY LOAD FACTOR: 100-BUSrNE56.300-STORAGE S /�\I • tsar sF y _Bank with Dnve-n 7,66E 4.3 32.90 0.80 26.37 OCCUPANT LuAu a,4DD Sv Er.5.r0u5asL)•a4 �_9 4 Ea1ng8Drnbng-Restaurant 14,237 15.3 217.62 0.90 196.03 \\ \ t � GOVERNING CODES: Dale- Job 6-ZOOs \\ \ \ EatngBDrnking•Fast Food 1,916 0.9 /8.99 0.80 39.19 \ \ \ I'!T. Q Office-General 1,271 2.7 3.43 0.80 2.74 Op.n SaunS•Al SP..ry Car. 2561 D.0-G-125661 e c.,K.0..Den Amen...) J40 No: 0907 \\\\ 34 Open F„A Co,.. O.f.C.356f EI■M• D ill TUESDAY MORNING Indoor Enlertanmenl 1,106 1.3 6.05 0.80 1.81 olpen Pw„Ane9 swrMaE GI.: o.P.e.e.2056 EY 05 Ede _ • " 6070 9 E •d'O••'- Open...Puncal Sp..4Yly C..: O.M.a.C.2001 Men O 9 Postal Services 1,111 2S 3.53 0.00 2.62 O.00n e.•,A..se... o.R.s. Drawn. EAP r \\\\\�\\\ Sugotal 19341,,;6°464111. 93,300 905.91 887) SITE DATA: (EXISTING) Checked' NYL PROPOSED ""ce.ne•_ �■�M.a • • - .. •550516$ 16230 5 w.P.c.WONPY Sheet Tile BISCUITS CAFE 2,56500 3.7=949 spaces Refer to clouded - SRN.1• •- 2.565 s.l 2,565 al®t5.3=39.21 spaces areas on reference Tq.,a.Oregon W22. SITE- / A sae plan MCCCatng •MAP a TAX LOT WCTM 2S11SBA-0..Lol No MO DEVELOPMENT Change new undevebped 39.24-9 49=29.75 spaces (26)adddanal venicle •ZONING: C-A PLAN space from Retail General 29 75 x 0.90•26.77 added spaces prima spaces •LANDSCAPING AREA. REQUIRED •0 _ PROPOSED •Eehr+q Sheet NumOer Restaurant ur nt ungaDmkag. - - •PARKING SPACES eEOVInED veto P.,T.M8 to 165i R Resburanl use 865.81 426.77•892 58 spaces(PORTED New proposed mar i _. - - - - - - ,-- - - - - - - 692.58•067•25.6 added spaces required parking space count PROPOSED •ew e0ux =893(•20 spaces) ACCESSIBLE•E.••■••• D-1 MAILING RECORDS AFFIDAVIT OF MAILING 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 Apprupnate Box(s)Below) © NOTICE OF DECISION FOR MMD2009-00014/TIGARD TOWNE SQUARE CHANGE OF USE: BISCUITS CAFE (Rae 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 •• he attached list(s),marked Exhibit"B",and by reference made a part hereof,on April 10,2009,and deposited in the U ted Stat • Mail on April 10,2009,postage prepaid. 'Deb (Person that Pre. -d No' STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the e-94?4 day of -a- k ( ,2009. OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUBLIC-OREGON .J l - COMMISSION NO.416777 Q� MY COMMISSION EXPIRES APRIL 25,2011 NAAIC OF ORE GQN My Commission Expires: q-b-5 I/ EXHIBIT A NOTICE OF TYPE I DECISION II MINOR MODIFICATION (MMD) 2009-00014 II TIGARD TOWNE SQUARE CHANGE OF USE TIGARD 120 DAYS = 08-07-2009 SECTION I. APPLICATION SUMMARY FILE NAME: Tigard Towne Square Change of Use—BISCUITS CAFE CASE NO.: Minor Modification(MMD) MMD2009-00014 PROPOSAL: Applicant proposes to change 2,565 sq. ft. of retail space to eating establishment. Twenty six additional parking spaces will have to be created by re-striping thirty four spaces and adding new striping for twenty spaces. No new surfaced area will be created. APPLICANT: Erik Peterson OWNER: SN Properties LEEKA Architects J. Randy Kyte 6775 SW 111th Ave., Suite 20 1121 SW Salmon St. Beaverton, OR 97008 Portland, OR 97205 LOCATION: 16230 SW Pacific Hwy., Suite 160;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. 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. MMD2009-00014 Tigard Towne Square Change of Use Decision 041009 Page 1 CONDITIONS OF APPROV1. PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Applicant shall have all parking spaces smaller than standard marked as compact spaces. 2. Applicant shall request final inspection by the Planning Division prior to requesting final inspection for occupancy from the Building Division. 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 proposed change of use is for eating establishment at suite 160 at the south end of the building. It is currently classified as retail space and an increase in parking requirements of 26 spaces will be applied. The par-;ing lot currently matches the minimum parking requirements for the cumulative business uses on the project site. Proposal Description: The proposal is to re-stripe 34 spaces that are standard or larger to create 6 additional compact parking spaces. Five compact spaces will be striped behind the buildings between Rite Aid and Albertsons, an area that has been used for parking but not striped as such. Fifteen new standard spaces will be added along the south side of the service entry driveway behind Rite Aid. This will account for the 26 additional spaces required for the proposed eating establishment. 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 26 additional parking spaces and will be achieved by re-striping 34 spaces that are standard and larger and striping 20 new spaces on existing asphalted areas. This will result in a new gain of 11 compact and 15 standard 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; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. MMD2009-00014 Tigard Towne Square Change of Use Decision 041009 Page 2 5. An increase in th. .tight of the building(s) by more tha. 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. 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. The proposed use will have fewer than 100 seats, thereby creating 88 trips per day per ITE Manual, 6th Edition, Volume 2, High-Turnover (Sit-Down) Restaurant (832). Therefore, this criterion has been met. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; There is no proposed 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 MMD2009-00014 Tigard Towne Square Change of Use Decision 041009 Page 3 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. THIS DECISION IS FINAL ON APRIL 10, 2009 AND BECOMES EFFECTIVE ON APRIL 11, 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. �� ►'I eidttAjp April 10,2009 APPROVED BY: D. 1"Hap"Watkins DATE Assistant Planner MMD2009-00014 Tigard Towne Square Change of Use Decision 041009 Page 4 VICINITY MAP ---_ '1445 4 _____ MMD2009-00014 E335 w -____ — DlURHAM F TIGARD TOWNE SQUARE �; --- _ CHANGE OF USE: BISCUITS _ Q� CAFE 11992 1•392 L.--., '492 11992 11992 .---11992 .•392 11992 11992= 1E200 11992 11992 ,---, •6105 11992 11992 Subject Site 11992 ._11992 11992 ••39211992 11992.1�--i 11992 `—11992_ I ''-1• J .16230:: - I f =.tfi230:iii 16200 16208• —" u� r ::1 16230::::• 16208 16200 i.� 16200 16200 :16230;• 16200 1 F i : 16230 16200 1ti2JJ 16165 L IIU Id tsz3a` Q.r1- ',,16240 i 16200 Y l{ 16206 l Y1W l 16200 "95 16200 . 16200 11945 11935 119.5 1 L__, 16200 1 '1925 ! I _ •E253 KING JAMES PL Information on this map Is for general location t 6200 only and should be verified with the Development r Services Division. 11930 I I-� 16200 Scale 12,364-1 in=197 tt 16285 Map printed at 10-Apr-09 09:02 AM •E363 11940 — 11810 DATA IS DERIVED FROM MULTIPLE SOURCES THE CRY OF TIGARD ■ '� MA NO WARRANTY.REPRESENTATION OR GUARANTEE AS TO THE CONTENT.OVIDED H TIME TIESSOR COMPLETENESS ASSUME NO DATA PROVIDED HEREIN THE CITY OF TIGARD SHALL ASSUME NO MISSIONS.OR 11950 LIABILITY NIFORMATION PROVIDED REGARDLESSS OFAHOW CAUSED THE ry 11960 Cfty of Tigard i ROYAL VILLA DR D e 13125 SW Hall Blvd TIGA1 MAPS T 503 639 41 97223 U j www.tlgardor.gov �rJ.,,• s. • .019 A '/JK F S.W. DURHAM ROAD (CO. RD. NO. 429) 'g''g ��rwveR.a o 9 )[j HARSH re OF O d INVESTMENT PtTIEB Jill 9 em+ ST ONE Ii NK WASHINGTON $ Lpi I0TI1 _SP MUTUAL -cc + Q . F7 / / I � CO .7 .: ! H a`Ow' 03 McDONALDS 1 ..y∎ fh I I U Dra 9F / %//�F� /% GO ED I r I_ � / j j ©= m,, ..., i i - - / l STANDARD SPADES TO...------, _ „ A ,, RESTRIPE(10)BO-WIDE •N• { l �• _ ". (17)78-HIDE COMPACT rfT/•'1 I r14 �, < 75 .2 s p� k w �L� o z O P-4 U a .... 1 '.:,(:".-.----i7,._,...,g9 1@i: 1117 '44."4*.M'0 11 o GARDEN , G � . O ;_ O a ] F a w Q RATA/( - sj'sef9l g w ,,,..„ 1-1 i° v ry u,, RETAIL ,0°,c s TIN TIN ~ a Q /.; 411,0\� \\i „..a.' �4 di u: ' o• WR zsas.� CI �I O \ - - '4C:''- a^ it BUFFET a ` Z 3 h @l f L,p 9- o p u 6 ' RESTAURAN r I-. Z SAC` .i f O ALBERTSONS © ®g © A� © .z+.SF I. ..� C,y��S -� ,I,s 441143 SF • RITE AID Z W w LLI DRAGS O .. •so' A. t\\\\\\\A �• ® I�©.o°,�a. ®. r E1 w BLOCKBUSTER SAM SF ®1 �""� N3 RESTRIPE(I 2)ac WIDE at4. ■ • `. -- • O V g STANDARD SPACES TO ® (5)NEW PARKING'11(14)T8.1MDE COMPACT SPACES(7 5118.5) L'N.° Lk\ \\\� ry _ u.RG HO a W w 0.17 5•,. '„"`T © III. • CITY OF TIGARD x (151 NEW PARKING LOONS • BOOK STORE C Cr SPACES 9 X g • q• 1 ✓ a 4 - 6F ® a- - ,5 ved :\ �,,�. • DoTTYS cM• I^ .. . 1 �n��tionall Approved • Q `� • \\■\ I�-- Ta aF ,/ ° t7.99nAN.N.� :t •. SUBWAY ® .ir..; �...,, an.:...`° w _° .4.n.: - or •niy OK�'r 2 de� ribe l7 [W-K t� A u L�"2 ] r •OR flF 1.:::: -.-;- .Ny-.-- ..y _ _ ,:ab`,.... ..,-�,;.:s g.. . ....-, - e o. �.. ��IMIT PARTY MART T M..,ENCE y •8 Letter t F Follow . 3980 SF RESTRIPE(12)9-0"WIDE \ \ \\\ Y�•� - - - e � 0 ��•('�L/ STANDARD SPACES TO ® "�® I -- - _ _ _ _ _ _ _ wma«rtmono. al ob A�`'ress' (,4)Ta-WIDE COMPACT .aA a•arow. 108/7 75..14 , - - - - - - - r - - -a - - - ',. ; Date: / q 1 _ , •G e ,.b� i REFERENCE r� CODE REFERENCE: MARSHALLS •■ ("Ti SITE PLAN \ •BUILDING DEPARTMENT CITY OF TIGARD •BUILDING CODE: IW]O.3SL(2006 10C wiM Oregon Amendments) yf( I ]+Nt 9f D.. SI3I•: 1•=50-0" /� •OCCUPANCY GROUP Y • 1.7' V\\\\\\\1 1 ��q/�) f f •TOTAL BUILDING AREA O ISy Ft•CONSTRUCTION TYPE 7 El �✓ •PROJECT TYPE 8 400 So COMMERCIAL TENANT IMPROVEMENT •�'^'( • �I 1 PARKING REQUIREMENTS: BUSINESS OF EELS RETAIL SALES∎RESTAURANT y.� •MO.OF LEVELS: ONE STORY • t?? C AREA MINIMUM Subtotal Mo•d Use TOTAL Cralho •TENANT LEASE AREA. ],Sea Sa.R. cREOfr P]rkkp per • a PaltllO MO.of EROS PROPOSED.2 (//� . 4 't EXISTING (sq.O.) 1 j s.. Modifier PROPOSED.3 ' � yom Cpl •VALUATION set 000 00 :.�N.(,, sf _. .+ Retail-General Sales 158219 3.7 585.41 1.00 585.41 1 H,21• 7 ( DOLLAR TREE Personal Senses 4202 2.5 10.51 0.80 8.41 •OCCUPANCY LOAD FACTOR q■-IUSINESS 303-STORAGE .�' 7�I 'SOP 3 - Bank wOS Drhsn 7,884 {.3 32.96 0.80 28.37 rc i 11 1 OCCUPANT LOAD-. •.A9 SR.R.(O 100/So Ft)•S. I ;.I I.^ EatngBDmkilp-Restauml 14,237 15.3 217.82 0.90 196.03 / y ' GOVERNING CODES: Date. 44-2009 O EatilgBDmkinp-Fast Food 4.948 9.9 48.99 0.60 39.19 - \\'s I' �\ 4 Office-General 1,271 2.7 3.43 0.80 2.74 Oregon s,. flP.rry code 2007 0.S.3 C(20013 IN C AMI O..aon Armed/m.1 •ob No ppp7 i Oregon Fire Code OF 2W76541 - 9 • ` ©• r il TUESDAY MORNING LOWING � Indoor Entertanment 1,406 4.3 6.05 0.60 4.64 Oregon Rumb.ro ISe.N Code o P.ac z00S Eal].n File; • e Coo sr - Copan M«n.n�c.SPemN Gad.. O Y.S.C.Z00]Edict, ° ® Postal Services 1,411 2.5 3.53 0.80 2.82 se.aee R.rL«saw OR e. Drawn EAP .- `, _ ____ ___ -- Subtotal 193.360 865.81_ 887 aPrswoss•alr�w.a..YP � Ii � , I I I I� I I 1. PROPOSED SITE DATA: (ex1a7MG) Checked -� f BISCUITS CAFE 2,585 of 63.7.9,49•pec., Refer to clouded 'A°°RESS Su2330 oW P•fnc NV�..r Sheet Title 2.565 s.f. 2,585 of®15.3:39.2{Spades areas on reference Tp.m.Oregon 97224 SITE Site plan indicating •MAP A TAX LOT WCTM 2SI t59A -Te,LA No 20 DEVELOPMENT Change new undeveloped 39.24•9.49=29 75 spaces (261 additional vehicle •ZONING CO PLAN space from Retail General 29 75 r 0.90•26 77 added spaces parking Spaces •LANDSCAPING AREA REQUIRED •0 sales to EaungBDrobng• - - - PROPOSED ••femme ■(- Restaurant use 885.81•26.77=892.58 spaces required New proposed •PARKING SPACES REQUIRED •1393 P•,T.M.ISM 2 Sheet Number Nor ?..� _ _ _ _ _ 692.38-887-25 6 added spaces parking space cant PROPOSED •729. ape required .893(.28 spaces) ACCESSIBLE••Existing SD-1 Erik Peterson MMD2009-00■ EXHIBIT V5 LEEKA Architects TIGARD TOWNE SQUARE CHANGE OF USE: 6775 SW 111th Ave., Suite 20 BUISCUITS CAFE Beaverton, OR 97008 SN Properties Partnership J. Randy Kyte 1121 S W Salmon St. Portland, OR 97205 M � 2.00 ' - Cool-472- tau x , it rsafz .- ea cx:,cacac �cssa-zsr= vaaxcgaatrr� DATE / ___ PLANS CHECK NO t /6C'�/� - 'j5 -'62°5' Vbe2vo,r—CY 1 .-_ c,00 }i ,2_OC-3 i e CAD PRO T TITL • ¢7 TRAFFIC IMPACT FEE . APPLICAN , �— WORKSHEET -_, / MAILIN ADDRESS (FOR NON-SINGLE FAMILY USES) CITY ZIP/PHONE RATE PER TAX MAP NO,,,r- /4,.2-3 c,'011/ :;'174.6.i-ie --1 LAND USE CATEGORY TRIP SITUS No.ADS SS RESIDENTIAL $339.00 L___.._..____ '._ _l.._._ // .__02-6,0 - f® °' BUSINESS AND COMMERCIAL $85.00 8 ` ? mod, 6 �����tf / / 0 OFFICE $312.00 /j 7-- rzl Ex500‘ES 2 p 3 2_,'m INDUSTRIAL $327.00 r / INSTITUTIONAL $141.00 2) r�/ZcV/ Y 5 / 2_.565 0 g i //►/`!7'e R --7-x'/i.-_ PAYMENT METHOD: 3 T4'i/3/4., 3 ---0 3 F�'� • CASH/CHECK ,,P 6i€ a E c: -.64e0e. .= '° 7-7 4) 1\ .1 CREDIT INSTITUTIONAL ONLY: BANCROFT(PROMISSORY NOTE) LAND USE CATEGORY DES9IPTION OFD WEEKDAY AVG.TRIP WEEKEND AVG TRIP as DEFER TO OCCUPANCY �3� 1 USE /� U/ l RATE /010 1 RATE r , BASIS 7D6e/ t7s1 Vi £ d_ c % 1 /e�0 r� PMI1P, 63 Pv/1PS Fn /d & _ 8 C) sr feo � y, nt:>>4 l�ES u dz T 2,03 14'X/ - ZO 3 u 's 2 t°3i5� / uF Ace, `�® _ � j mss~/p � i q � c / i /T Q 2/' fir; /a rs Ca-fi5,Af 7Jorl oPr,/VSe c,Aketit7fl S: • % d`/oi /Lje . rie,ret//GE ./ irvi / 5.W// /e. fHP/-e_DY ^ O�g / j efsevfkl - 2 35/eE, 5�15Xd�°: -5° f /cc� LIZ'S , 3 �� /�/ 17O ,,,( �6_/ 3�3 ,7® _ 6 Egc5 . PROJECT TRI NERATION /y/�E /�T71L EE`s Z8 FEE: Tii- 50e.s. ,ARE. le.f/aosc7 74/ Aoc.-re_D 4&4M/5'- "Akin • f7 .yS 6-1/4A. ,..---,0/go/ /92 .oO , FOR ACCOUNTING PURPOSES ADDITIONAL NOTES: L,¢SS-- R/I7rt �� 3 '��. v/ ��NLY . e� 5-5-2- 7-dlf?L�ARkS�v ). Arpxi , ? 5/ 3z /% /C�G�Sz "•7,o9Co•6d ROAD AMT.: //�..237.$(71)/77, /I tel.,j 39Pb s',0fo - `55 7 SS1-•2 3 TRANSIT A PREPARED BY: niiiff June 30,2008 Wo sheet 0E49 d c e 77,7-77.1e7._ce" /k 5 52)0 727791 9 y..�ii r 5e CC'. WASHIN O DUNTY TIF NO OK 7a7,#9 L Z5 v/iJ /AG. /,� �/q(E' OCl�7/e 2S115BA02600 SN PROPERTIES PARTNERSHIP 1121 SW SALMON ST `` OWAIA-1-PORTLAND,OR 97205 �D 1 4.-..1 APPLicANT� rER IALs Via`„ �,K. RECEIVED IIII ill City of Tigard Minor Modification - Type I A plica ��'�PR�° X2009 pt' �a�YCSFTIGARO PLAPMllhk3wENGINEERING GENERAL INFORMATION In addition, the Director must find that the proposed Property Address/Location(s): CvZ30 5.W. change is in compliance with all applicable requirements of P rty FA-C.1 Pi c 1-Ujii a 18 of the Tigard Development Code. To complete 71 CaARt,, l')te.„ c i Z2* this review, the Applicant's proposal must include a Tax Map&Tax Lot#(s): WC-7 yN 2.S I l 5 PEA discussion indicating how the site expansion/change will T LOT 2-Co 00 continue to comply with the maximum setback, building Site Size: g(o9,421 s.F. height, parking, and landscaping standards. Other ' requirements of this title such as clear vision, solid waste Applicant*: R•lw_ P1rE,z,gerK1 • 1- E-10 AFrfe4-s c age, non-conforming situations, signs, and tree Address: (4.,77s S.W. M-1-1,4 Aver. u rt.€ Zo removal may also be applicable depending on the type and City/State: p-- j 1 Q Zip: 9 7dog location of the proposed modifications. Primary Contact: s+wv+2 Phone:503•(a'{••4227Fax: Spa- Co--9--Co sco-7 E-Mail: Egls • P d LGEl'A 1 4C.. cowl Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) (Applications will not be accepted without the "S, gAND1 K`17 E. - SN Fmoee-.T lE S following required submittal elements) Address: 1 i21 S.1N. c5ptumgDN S-c Phone: 50-5-+50.0 778 City/State: 'pQ-m,-T Lp t 0{2, Zip:972o S 71 Application Form Owner's Signature/Written Authorization When the owner and the applicant are different people,the Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in Site Plan(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 r�i Filing Fee $574.00 in the space provided on the back of this form or submit a K� 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 — 1 or change does not invoke one or more of the criteria FOR STAFF USE ONLY discussed within Section 18.360.050(B) - Site Development Review or Section 18.330.020(B)(2) - Conditional Use. If the Case No.(s): M it4r) 2CrOci D00/7 modification exceeds the maximum allowed under any one or more of the criteria, a Major Modification review is required. Other CaseNo.s u4c� el 06 Major Modifications are processed in the same manner as a ()` new Site Development Review or Conditional Use Permit. 3/ Z g Receipt No.: _ Applicant's Statement: Date: f 9 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(B)(2) must be addressed with a detailed response Date Determined Complete: 7q/&q to each criterion. Failure to provide the information needed Revised. 14-Nov-08 to process the application would be reason to consider an =urpin\mascers\land use apphca oR, or�,od t ca�on app docx application incomplete and delay review of the proposal. City of Tigard I 13125 SW Hall Blvd.,Tigard,OR97223 1 503-639-4171 I www.tigard-or.gov 1 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 pro perty. • If the application is granted,the applicant will exercise the rights granted in accordance with the terns 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 anypermit issued,based on this application,and maybe revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this (Q-On dayof AP ,20 -O°t qj • is Sign. re fzs•NOy K--`1..E Owner's Signature N FROcv-C2T\ S 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 I www.tigard-or.gov I Page 2 of 2 111 n CITY OF TIGARD RECEIPT !� . 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 173128 - 04/08/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2009-00014 Minor Modification to an Approved Plan 100-0000-438000 $500.00 MMD2009-00014 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 26016884 KPEERMAN 04/08/2009 $574.00 Payor: SN Investment Properties LLC Total Payments: $574.00 Balance Due: $0.00 Page 1 of 1 'TATE OF OREGON I SPECIAL WARRANTY DEED .ounty of Washington SS ment an.��� �•;% t •z; of Count- Clerk for q . .lk� �*= `t!,�1: rtify County GRANTOR'S NAME AND ADDRESS: the wit a .•r.::•"•:�"}r tr \eceived and re rri � lid •f said county .) 1i, 1 c ` BIT Holdings Twelve, Inc. *Mr. David C. Schenning * � � 1 Vice President \v +* w• � Two Hopkins Plaza, Suite 804 �•' Director of Baltimore,Maryland 21201 4 ��+ •1eaxation,Ex- GRANTEE'S NAME AND ADDRESS: Doc : 2000088325 Rect.: 265972 13232. 00 SN Properties Partnership 10/31/2000 U8:28;5Uata Attention: Mr. Edward P. Borst Senior Vice President,Acquisitions 1121 SW Salmon Street ` Portland,Oregon 97205 ate_ r WASHINGTON COUNTY After recording, return to: 41•11•• s;. REAL PROPERTY TRANSFER TAX K.L. Bork 1' $ 1317_.00 10- 3/.oO Ticor Title Insurance Company FEE PAID DATE 1000 SW Broadway, #1555 w Portland, OR 97205 Until requested otherwise,send all tax statements to: 0 0 SN Properties Partnership F;. Attention:Mr.Ted Malaska, MIR Vice President,Taxation QQ 1 121 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 3 1031 deferred exchange. This deed is being re—recorded to clarify the Grantor's name. Previously recorded as document no. 2000088325 / .�. g 1111111111 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:AL. �- r , Vice President REGULATIONS. BEFORE SIGNING OR David chennin ACCEPTING THIS INSTRUMENT, THE g PERSON QCQUIRING FEE TITLE TO THE • At PROPERTY SHOULD CHECK WITH THE aik , sj�g I ., APPROPRIATE CITY OR COUNTY ' 's'��M4%1�-''AITI '=' 4r. vsZ'y` 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 IEWELIMINN My commission expires: r / °O° 110 M PUILICMV la ry kgs �. „. r1 • 2 BA3:1 54966 3 1111011 I II 11111 2002-51985 • RIDER 1 TO DEED 11 111111111 11 111 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 line 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 bears 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 B A 3 154966.3 3 along said right of way line, 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 13A3 1 54966.3 2002-51985 jtJG• 1J1-II In,'. j 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 . eelrri 1 11 111 1 1 2002-51985 7. Easement(s) 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 Chant 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 terns 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. • (0e/7 G•Gorii I 11111011 I 11 11111 2002-51983 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 casement 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 d [ Gem NU.18/ r.�✓5 r Ze 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 S _.,rngton County,Oregon 2002.051985 06/0112002 02:44:53 PM D•DW Cnte1 Stn=18 K GLADDEN $45.00$8.00$11.00 •Totalu$82.00 liii IIIIIIIIUI 1 1111111 III 00084621200200618850080085 I,Jerry Hanlon,Director ofAnessment and Taxation ryd' and Ex•ONIeio County Clerk for Washington County, . do hereby certify that the within Instrument of writing 9•.: .: •` was received and recorded in the bo k of records of ;:;1,.;1:4: .„4,,i" E + said county ql,, Jerry R.Hanson,Director mint and Taxation, Ex.Offlclo County Clerk RECEIVED APR 0 8 2009 CITY OF TIGARO ILEE1■1(4■111111 PLANNIWIENGINEERING ARCHITECTS - PLANNERS Planning Review Minor Modification April 6, 2009 Project: Tigard Towne Square Shopping Center—The `16230 Building' Tenant Improvement of existing, unoccupied Interior Lease Space 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: Biscuits Cafe Zoning Class: C-G Stories: One Tenant Lease Area: 2,565 sq.ft. Construction Type: V-B Fire Sprinklers: Yes Address, 16230 S.W. Pacific Hwy. Occupancy Type: M, A-2 Hazard: Light Building Area: 8,400 sq. ft. 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: There are no dwelling units on the property. Therefore, this criterion does not apply. Item#2: A change in the ratio or number of different types of dwelling units: RESPONSE: There are no dwelling units on the property. Therefore,this criterion does not apply. Item #3: A change that requires additional on-site parking in accordance with Chapter 18.765. RESPONSE: The proposal requires striping of twenty-six parking spaces. The proposal identifies striping an area behind Albertsons and Rite-Aid Pharmacy for use by employees. This space has been used for parking, but not previously striped. Also, identified areas of the parking lot field are to be restriped from standard spaces to compact spaces. 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: 6775 S.W. 111`"Avenue,Suite 20 Beaverton OR 97008 503.644.4222 tel 503.644.6567 fax reel le&TO,:e'r _ :. e-mail www.leekainc.com web 1 of 2 LEEK& -rxe :� Planning Review ARCHITECTS - PLANNERS 9 Minor Modification RESPONSE: There are no proposed changes in the type of structures. Therefore, this criterion does not apply. Item#5: An increase in the height of the building(s) by more than 20% RESPONSE: There is no proposed change in building height. Therefore, this criterion 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: 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. 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: 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. 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: The change of use does not involve an increase in floor area. Therefore, this criterion is satisfied. 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 open space area by more than 10%; RESPONSE: The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion 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: The proposal does not reduce the project amenities. Therefore, this criterion 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. Refer to Case File No. MMD 2007-00008, April 20, 2007 and MMD 2009-00006, April 2, 2009. 6775 SW.111"Avenue.Suite 20 Beaverton OR 97008 503.644.4222 tel 503.644.6567 fax neil.lee @leekamc.com e-mail www.leekainc.com web 2 of 2 •LEEKt _Fes^ Project Narrative ARCHITECTS - PLANNERS April 6, 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, SN Investment Properties, LLC has signed a lease agreement for Suite 160 with a restaurant chain who has targeted Tigard as an exciting place to grow. Suite 160, at the south end of the building, will be leased by Biscuits Café, known for their breakfast and lunch cuisine. 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 Leasee will complete the interior improvements using their latest prototype concepts. 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 160 has a net leasable area of 2,565 sq.ft. total for new restaurant space, with a remainder of 3,803 sq.ft. existing, unoccupied 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'"Avenue,Suite 20 Beaverton OR 97008 503.644.4222 tel 503.644.6567 fax Heil lee(a�leekainc com e-mail www.leekainc.com web