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MMD2007-00033 MMD2007 00033 DICK' S SPORTING GOODS 4. City of Tigard, Oregon 13125 SW Hall Blvd. • Tigara, R 97223 N November 19, 2007 Kevin Apperson WHPacific, Inc. T I GARD 9755 SW Barnes Road, Suite 300 Portland, OR 97225 RE: Minor Modification Request, Case File No. MMD2007-00033 Dear Mr. Apperson: This letter is in response to your application for a Minor Modification to SDR2006-00007, received November 13, 2007. SDR2006-00007 .3ennitted an approximately 90,000 square foot replacement of the existing Mervyn's Depaitnient Store in the Washington Square Mall, built on the existing footprint, two stories and 60 feet in height. The proposed modification is the addition of an entry way on the east side of the building. According to the applicant's narrative, the entry way would add approximately 68 square feet of floor area and a decrease of 213 square feet of landscaping. The following analysis shows that the proposed development is a minor modification and is hereby approved, with conditions of approval. Analysis of Modification Request: Section 18.360.060 of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The approved commercial development and the proposed additional entry way are not residential development; therefore, the criterion does not apply. 2. A change in the ratio or number of different types of dwelling units. The approved commercial development and the proposed additional entry way are not residential development; therefore, the criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. According to the applicant's narrative, the proposed addition of the entry way increases the square footage of the project by approximately 68 feet, which would not require additional on-site parking; therefore, this criterion does not apply. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The proposed modification does not propose any change in type of commercial structure, but adds an entryway to the existing commercial structure;therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20 percent. The proposed modification does not propose a change in height of the building; therefore, this critenon does not apply. 6. A change in the type and location of accessways and parking areas where off-site traffic Page 1 of 2 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 would be affected. The applicant does not propose to change the type or location of vehicular access ways or parking; 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 proposed additional entry way would not affect expected vehicular traffic volumes; therefore, this criterion does not apply. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The proposed modification does not increase the floor area of the development; therefore this criterion does not apply. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. The applicant proposes to convert approximately 213 square feet of landscaping into hardscape for the entry way. There is no reduction m the amount of area reserved for common or useable open space by the proposed modification. Therefore, this criterion does not apply. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. The applicant proposes to reduce the amount of landscaping by 213 square feet, approximately 2% of the existing landscaped area of 9,889 square feet, as specified in the site plan. Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. The applicant states they do not propose modifications to any conditions of approval for SDR2006- 00007 that are not the subject of 1 through 10 above. Therefore, this criterion does not apply. This request is determined to be a minor modification to an existing development and approved plan. The Director s designee has determined that the proposed minor modification of this existing site will continue to promote the general welfare of the City and will not be significantly detrimental or injurious to surrounding properties provided that, development which occurs after this decision complies with all applicable local, state, and federal laws and the following conditions of approval: THIS REQUEST HAS BEEN APPROVED BY THE PLANNING DEPARTMENT. PLEASE SUBMIT A COPY OF THIS LETTER WITH YOUR BUILDING PERMIT APPLICATION. If you have any questions,please feel free to call me at 503-639-4171 ext. 2434. Sincerely, • I `�r�'J-/A�/ice • w el Gary Pagenstecher Associate Planner c: SDR2007-00033 Land use file November 19,2007 2 Dick's Sporting Goods Minor Modification Request,MMD2007-00033 MINOR MODIFICATION TYPE I APPLICATION 3NOV 1 3 2007 City of Tigard Permit Center 13125 SW Hall Blzd, Tigarth OR 9722 Ply 503.639.4171 Fax:503.598.1960 r• GENERAL INFORMATION Property Address/Location(s): 9400 SW Washington Square Road FOR STAFF USE ONLY Tax Map&Tax Lot it(s): 1S1 2600 — 00300/301 Case No.(s): kvAD 1,307—OC)0 3� Site Site: 46.24 AC (Portion of) Other CaseNo.(s): Soft,.Zara., —UJooy Applicant': WH Pacific, Inc. Receipt No.: )c .§a csfo Address: 9755 SW Barnes Road, Suite 300 �`j City/State: Portland, OR Zip: 97225 Application Accepti 31 By: /C Primary Contact: Kevin Apperson Date: 1 3�p 7 Phone: 503 372-3646 Fax: (503) 526-0775 Property Owner/Deed Holder(s)'': (Attach list if more than one) Date Determined Complete: Macerich Company Rev.7/1/07 is\curpin\masters\land use applications\minor modification app.doc Address: 16495 NE 74th Street Phone: (425) 869-2640 City/State: Redmond, WA Zip: 98052 When the owner and the applicant are different people, the applicant must be the REQUIRED SUBMITTAL ELEMENTS purchaser of record or a lessee in possession with written authorization from the owner (Note: applications will not be accepted or an agent of the owner. The owners)must sign this application in the space provided without the required submittal elements) on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY F] Application Form The owners of record of the subject property request permission for a Minor Modification. To review a modification as a Minor Modification, the Director must ® Owner's Signature/Written Authorization first find that the expansion does not invoke one or more of the 11 criteria discussed © Title Transfer Instrument or Deed within Section 18.360.050(B) of the Tigard Development Code. If the modification exceeds the maximum allowed under any one or more of the following criteria,a [ Site Development Plan(3 copies) Major Modification review is required. Major Modifications ate processed in the same manner as a new Site Development Review. In a separate letter, please 13 Site/Plot Plan(reduced 81/2"x 11") address the criteria below contained in Section 18.360.050(B) including a detailed [ Applicant's Statement(3 copies) response to each criteria. (Addressing Criteria Under Section 18.360.050(B) 1. An Increase in dwelling unit density or lot coverage for residential development. [3 Filing Fee $574.00 2. A change in the ratio or number of different types of dwelling units. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. 4. A change in the type of commercial or industrial structures as defined by the In addition,the Director must find that the proposed Uniform Building Code. change complies with the underlying standards of the 5. An increase in the height of the building(s)by more than 20%. applicable zoning district. To complete this review, 6. A change in the type and location of accessways and parking areas where off-site the Applicant's proposal must include a discussion traffic would be affected. indicating how the site expansion will continue to 7. An increase in vehicular traffic to and from the site and increase can be expected comply with the minimum setback, building height, to exceed 100 vehicles per day. parking land landscaping standards. Other 8. An increase in the floor area proposed for a non-residential use by more than applicable requirements such as minimum Clear • 10%excluding expansions under 5,000 square feet. Vision areas near driveways and street intersections 9. A reduction in the area reserved for common open space and/or usable open may also be applicable depending on where the space that reduces the open space area below the minimum required by this building expansion is proposed to be constructed on code or reduces the open space area by more than ten percent. the site. 10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below the minimum established by this code or by more than 10%where specified in the site plan: 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of Criteria 1 through 10 above. APPLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot 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 7 day of t•-pv -iPn_ ,20_4271_ i A i/ s " -- Rep esentative Owner's Signature Owner's Signature Owner's Signature 3. Community Development Code The following information responds to Tigard Community Development Code requirements. Responses to individual sections are highlighted in bold for each applicable development standard criterion. 18.360 Site Development Review` '` c_�c. ,>r...�^�'w: ... � :,*'.§�aFr°' ,ra,. �'^ •. k��.mM. .y�+F;i 18.360.060 Minor Modification(s) to Approved Plans or Existing Development A. Minor modification defined. Any modification which is not within the description of a major modification as provided in Section 18.360.050 shall be considered a minor modification. Response: The proposed modifications do not meet the thresholds for a major modification as described in Section 18.360.050. Since the project does not meet or exceed the evaluation criteria,they are considered a minor modification. This criterion has been satisfied B. Process.An applicant may request approval of a minor modification in accordance with Section 18.360.030B and as follows: 1. Providing the Director with three copies of the proposed modified site development plan; and 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in Section 18.360.050B. Response: Three(3)copies of site development plan and a one of the submittal requirements(application forms and code narrative)are included as part of this application. See narrative below for specific responses to the evaluation criteria. Also,refer to Section 4,Site Drawings for additional information. This criterion has been satisfied C. Approval criteria. A minor modification shall be approved,approved with conditions or denied following the Director's review based on the finding that: 1. The proposed development is in compliance with all applicable requirements of this title;and 2. The modification is not a major modification. Response: The proposed modifications are in compliance with the applicable requirements of this title and are not considered a major modification. This criterion has been satisfied Dicks Sporting Goods Page 1 of 4 November 2007 Minor Modification Application-Section 3(Community Development Code) Criteria from Section 18.360.050B 1. An increase in dwelling unit density, or lot coverage for residential development; Response: The original site plan (previously approved)did not include any residential uses(e.g. multi-family or single family). Similarly, no residential uses have been identified as part of the proposed modification. Therefore,this criterion is not applicable to this application. 2. A change in the ratio or number of different types of dwelling units; Response: Again,the original site plan did not include any residential uses(e.g. multi- family or single family). Since no residential units are being introduced as part of the proposed modification, there will be no change in ratios between the various types of dwelling units. Therefore,this criterion is not applicable to this application. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; Response: The off-street parking standards require a minimum rate of 3.7 and a maximum rate of 6.2 spaces per 1,000 square feet of floor area. The proposed development, as approved,consisted of 77,187 SF. Based on the proposed structure,the minimum parking requirement would be 285 parking spaces and the maximum would be 479 spaces. The approved parking area has 335 surface plus four(4)handicapped spaces for a total of 339 spaces. In addition, there a cooperative agreement to share parking through out the Washington Square Complex The proposed modifications reflect the addition of a new entry vestibule on the east side of the building. All totaled,this add an additional 68 square feet of floor area. Based on the minimum rate of 3.7,this would create an additional demand for 0.25 spaces. This would not trigger a need for an additional parking stall. This criterion has been satisfied 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; Response: There is no change in the type of structure being proposed as part of the proposed modification. The proposed modification will be constructed to commercial standards and comply with the Uniform Building Code. Therefore, this criterion is not applicable to this application. 5. An increase in the height of the building(s)by more than 20%; Response: There is no increase in building height associated with the proposed modifications. The east entry vestibule will match the height of the north entry Dicks Sporting Goods Page 2 of 4 November 2007 Minor Modification Application—Section 3(Community Development Code) and not result in an overall increase in height. Therefore,this criterion is not applicable to this application. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected; Response: There is no change in the type and/or location of access ways and parking areas where off-site traffic would be affected. As a result,there would be no impact to off-site traffic as a result of the proposed modification. Therefore, this criterion is not applicable to this application. 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 proposed modification consists of the addition of a 68 square foot entry vestibule. Because the addition square footage does not add any additional retail square footage, no increase in vehicle trips is anticipated Subsequently, no increase in vehicular traffic to and from the site will be created due to the proposed modification. Therefore,this criterion is not applicable to this application. 8. An increase in the floor area proposed for a nonresidential use by more than 10%excluding expansions under 5,000 square feet; Response: The proposed development, as approved, consisted of 77,187SF. The proposed modification will result in an increase of 68 square feet. Based on these figures,the proposed modification represents less than a 1 %increase in total floor area This criterion has been satisfied 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; Response: There is no reduction in the amount of area reserved for common open space as a result of the proposed modification. Therefore, this criterion is not applicable to this application. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a.Recreational facilities; b. Screening;and/or c. Landscaping provisions. Dicks Sporting Goods Page 3 of 4 November 2007 Minor Modification Application—Section 3(Community Development Code) Response The approved development contains 9,889 square feet of landscaped area (6,113 square feet—existing to remain and 3,406 square feet-proposed)located along the building façade, additional parking islands and tree diamonds. The proposed modification will result in a slight decrease of 213 square feet of landscaping due to the development of an additional 68 square feet of building floor area and associated hardscape(e.g. concrete walks,etc.). Based on the figures above, this represents a 2%reduction in the overall landscaping. This criterion has been satisfied 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 proposed minor modification will not affect any to the conditions imposed on the original site development review. Therefore, this criterion is not applicable to this application. Dicks Sporting Goods Page 4 of 4 November 2007 Minor Modification Application-Section 3(Community Development Code) City of Tigard Department of Community Development Minor Modification Application For: DICK'S SPORTING GOODS Applicant: Dick's Sporting Goods Store 300 Industry Drive plays Pittsburgh, PA 15275 Phone: (724)273-3113 SPORTING GOODS. Fax: (724)227-1925 Contact: Terry Venturino Owner: Macerich Company 16495 NE 74th Street IA, The Macerich Company Redmond, WA 98052 Phone: (425) 869-2640 Fax: (425) 867-1577 Contact: Rick Beason Applicant's Representative: W&H Pacific 9755 SW Barnes Road, Suite 300 . I Portland, OR 97225 PACI FIC Phone: (503)626-0455 Fax: (503) 526-0775 Contact: Brady Berry, PE November 2007 410 Table of Contents 1. Introduction A. City of Tigard Planning Division Land Use Permit Application Form B. Land Use Reviews Requested C. Application Fee Calculation 2. Title Transfer Instrument or Deed A. Title Report 3. Community Development Code(City of Tigard) A. Chapter 18.360 Site Development Review 18.360.060 Minor Modifications to Approved Plans or Existing III Development 4. Drawings A. Site/Plot Plan B. Site Development Plan with Landscaping (Revised) C. Floor Plan D. Building Elevation E. Building Section III 0 1. Introduction A. City of Tigard Minor Modification Application Form B. Land Use Reviews Requested C. Application Fee Calculation III 111 A. City of Tigard Application Forms IIIThe required City of Tigard Application Form is provided on the following page. In addition to this form, the application provides findings of fact and exhibit drawings which fulfill the applicable criteria of the City of Tigard(CDC). III ill Dicks Sporting Goods Page 1 of 3 November 2007 Minor Modification Application—Section 1(Introduction) Ilir. MINOR MODIFI CA.I'ION TYPE I APPLICATION City of Tigard Pernat Center 13125 SW Hall Bluff, Tigard OR 97223 Phone 503.639.4171 Fax:503.598.1960 GENERAL INFORMATION Property Address/Location(s): 9400 SW Washington Square Road FOR STAFF USE ONLY Tax Map&Tax Lot#(s): 1S1 2600 - 0 0 3 0 0/3 01 Case No.(s): M K1 1) 2407 -0 0 0 Site Size: 46.24 AC (Portion of) Other Case No.(s)• i7A Z,- - n 0._,7 Applicant*: WH Pacific, Inc. Receipt No.: • 0-7 - .5c n.1.6 Address: 9755 SW Barnes Road, Suite 300 Application Accepted By v, City/State: Portland, OR Zip: 97225 Date: 7'I/j/o7 Primary Contact: Kevin Apperson Phone: (503) 372-3646 Fax: (503) 526-0775 Date Determined Complete: Property Owner/Deed Holder(s)''": (Attach list if more than one) Rev.7/1/07 Mae er ieh Company is\curpin\masters\land use applications\minor modification app.doc Address: 16495 NE 74th Street Phone: (425) 869-2640 City/State: Redmond, WA Zip: 98052 REQUIRED SUBMITTAL ELEMENTS '` When the owner and the applicant are different people, the applicant must be the REQUIRED applications will not be accepted purchaser of record or a lessee in possession with written authorization from the owner without app required submittal elements) or an agent of the owner. The owner(s)must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY 1c] Application Form The owners of record of the subject property request permission for a Minor Owner's Signature/Written Authorization Modification. To review a modification as a Minor Modification, the Director must first find that the expansion does not invoke one or more of the 11 criteria discussed 3 Title Transfer Instrument or Deed within Section 18.360.050(B) of the Tigard Development Code. If the modification exceeds the maximum allowed under any one or more of the following criteria,a [ Site Development Plan(3 copies) Major Modification review is required. Major Modifications are processed in the Site/Plot Plan(reduced 8�/i X I1, same manner as a new Site Development Review. In a separate letter, please address the criteria below contained in Section 18.360.050(B) including a detailed [ Applicant's Statement(3 copies) response to each criteria. (Addressing Criteria Under Section 18.360.050(B) 1. An Increase in dwelling unit density or lot coverage for residential development. 3 Filing Fee $574.00 2. A change in the ratio or number of different types of dwelling units. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. 4. A change in the type of commercial or industrial structures as defined by the In addition,the Director must find that the proposed Uniform Building Code. change complies with the underlying standards of the 5. An increase in the height of the building(s)by more than 20%. applicable zoning district. To complete this review, 6. A change in the type and location of accessways and parking areas where off-site the Applicant's proposal must include a discussion traffic would be affected. indicating how the site expansion will continue to 7. An increase in vehicular traffic to and from the site and increase can be expected comply with the minimum setback, building height, to exceed 100 vehicles per day. parking land landscaping standards. Other 8. An increase in the floor area proposed for a non-residential use by more than applicable requirements such as minimum Clear • 10%excluding expansions under 5,000 square feet. Vision areas near driveways and street intersections 9. A reduction in the area reserved for common open space and/or usable open may also be applicable depending on where the space that reduces the open space area below the minimum required by this building expansion is proposed to be constructed on code or reduces the open space area by more than ten percent. the site. 10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below the minimum established by this code or by more than 10%where specified in the site plan. 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of Criteria 1 through 10 above. APPLICANTS: To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the plot 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 7 day of I bs -i it ,20 .0P Al // Liz 1 O. e 's " Rep esentative Owner's Signature Owner's Signature Owner's Signature CITY OF TIGARD 11/15/2007 7 �r 13125 SW Hall Blvd. 9:54:21 AM Tigard,OR 97223 503.639.4171 TIGARD Receipt #: 27200700000000005056 Date: 11/15/2007 Line Items: Case No Tran Code Description Revenue Account No knnnrnt Paid MMD2007-00033 [LANDUS] Minor Modification 100-0000-438000 500.00 MMD2007-00033 [LRPF] LR Planning Surcharge 100-0000-438050 74.00 Line Item Total: $574.00 Payments: Method Payer User ID Acct./Check No. Approval No. How Received Ann unt Paid Check MJM ARCHITECTS LLC KJP 18258 In Person 574.00 Payment Total: $574.00 k\s, • cReceipr.gri Page 1 of I B. Land Use Reviews Requested The City of Tigard Community Development Code (CDC) identifies various public review procedures based upon the type of land use action being requested. The proposed minor modifications to the Dick's Sporting Goods site development review will require the following land use review. Land Use Reviews Review Type Minor Modification Type I C. Fee Calculations: Based on the City of Tigard Services Fee Schedule (07/08), the following fees are required to review the proposed development. These are outlined below: Fee Type Fee Minor Modification $574 Total $574 Dicks Sporting Goods Page 3 of 3 November 2007 Minor Modification Application-Section 1(introduction) CITY OF TIGARD LAND USE APPLICATIONS 07/08 FEE SCHEDULE 0 _ PROCEDURE FEE + SURCHARGE ACCESSORY RESIDE\TIAL I"\ITS S115 + S18 = S133 ANNEXATION Moratorium on Annexation fees in effect from 7/1/06(Res.06-36)through 7/1/08(Res.07-13)* $2,177 + $321 = S2,498* APPEAL Director's Decision(Type II)to Hearings Officer $250 Expedited Review(Deposit) * $300 Hearings Referee $500 Planning Commission/Hearings Officer To City Council $2,189+ $324=$2,513 _APPROVAL EXTENSION $230+$34= $264 BLASTING PERMIT $269 CONDITIONAL USE PERMIT Initial $4,529+$669= $5,198 Major Modification $4,529+$669= $5,198 Minor Modification _ $500+ $74= $574 DESIGN EVALUATION TEAM(DET)RECOMMENDATION (DEPOSIT) $1,121 + $165 = $1,286 DEVELOPMENT CODE PROVISION REVIEW Single-Family Building Plan $46+ $6= $52 Commercial/Industrial/Institution $287+$42= $329 HEARING POSTPONEMENT $259 HISTORIC OVERLAY/REVIEW DISTRICT Historic Overlay Designation $3,499+$517 = $4,016 Removal of Historic Overlay Designation $3,499+ $517 = $4,016 Exterior Alteration in Historic Overlay District $536 + $79= $615 New Construction in Historic Overlay District $536+ $79= $615 • Demolition in Historic Overlay District $536+ $79= $615 HOME OCCUPATION PERMIT(ORIGINAL PERMIT) Type I Home Occupation Pennit $35+ $5=$40 Type II Home Occupation Permit $246+$36= $282 INTERPRETATION OF THE COMMUNITY DEVELOPMENT CODE $571 +$36=$607 LAND PARTITION Residential and Non-Residential(3 Lots) $3,247+ $480= $3,727 Residential and Non-Residential(2 Lots) $2,672+ $394= $3,066 Expedited $3,819+ $564= $4,383 Final Plat $777+ $114= $891 LOT LINE ADJUSTMENT $416+ $62= $478 MINOR MODIFICATION TO AN APPROVED PLAN $500+ $74= $574 NON-CONFORMING USE CONFIRMATION $236+ $35 = $271 PLANNED DEVELOPMENT Conceptual Plan Review $6,496+ $916= $7,412 Detailed Plan Review Applicable SDR Fee PRE-APPLICATION CONFERENCE _ $323+$47 = $370 SENSITIVE LANDS REVIEW With Excessive Slopes/Within Drainage Ways/Within Wetlands (Type II) $2,097+ $309= $2,406 With Excessive Slopes/Within Drainage Ways/Within Wetlands (Type III) $2,256+ $334= $2,590 Within The 100-Year Floodplain (Type III) $2,256+ $334= $2,590 SIGN PERMIT Existing and Modification to an Existing Sign (No Size Differential) $35+ $5= $40 Temporary Sign (Per Sign) $17+ $2 = $19 SITE DEVELOPMENT REVIEW AND MAJOR MODIFICATION • Under$1,000,000 $3,838+$567 = $4,405_ $1 Million/Over $5,038+$743= $5,781 +$6/Each$10,000 Over$1 Million MINOR MODIFICATION $500+ $74=$574 SUBDIVISION Preliminary Plat Without Planned Development $4,458+ $637= $5,095+$90/Lot 411) Preliminary Plat With Planned Development Add$6,211 +$916 =$7,127 Expedited Preliminary Plat Without Planned Development $5,136+ $637= $5,773+$90/Lot Expedited Preliminary Plat With Planned Development Add$6,211 + $916 = $7,127 Final Plat $1,428+ $210= $1,638 Plat Name Change $272 TEMPORARY USE PERMIT Director's Decision $262+$39= $301 Special Exemption/Non-Profit Organization -0- TREE REMOVAL $161 + $25 = $186 VACATION (STREETS AND PUBLIC ACCESS) $1,915 + $274=$2,189 Deposit +Actual Costs VARIANCE/ADJUSTMENT Administrative Variance $536+ $79= $615 Development Adjustment $236+ $35= $271 Special Adjustments -Adjustment to a Subdivision $236+$35 = $271 -Reduction of Minimum Residential Density $236+$35= $271 -Access/Egress Standards Adjustment $536+$79= $615 -Landscaping Adjustment(Existing/New Street Trees) $269+$40= $309 Parking Adjustments -Reduction in Minimum or Increase in Maximum Parking Ratio $536+ $79 =$615 -Reduction in New or Existing Development/Transit Improvement $536+ $79 = $615 -Reduction in Bicycle Parking $536+ $79= $615 -Alternative Parking Garage Layout $236+ $35= $271 -Reduction in Stacking Lane Length $536+ $79= $615 • Sign Code Adjustment $536+ $79= $615 Street Improvement Adjustment $536+ $79= $615 Tree Removal Adjustment $236+ $35= $271 Wireless Communication Facility Adjustments -Setback From Nearby Residence $536+$79= $615 -Distance From Another Tower $236+$35 =$271 ZONING MAP/TEXT AMENDMENT Legislative—Comprehensive Plan (CPA) $7,742+ $1,144= $8,886 Legislative—Community Development Code(DCA) $3,044+ $449= $3,493 Quasi-Judicial(ZON) $2,789+ $411 = $3,200 ZONING ANALYSIS(DETAILED) $500+ $74= $574 ZONING INQUIRY LETTER(SIMPLE) $58+ $8 = $66 JOINT APPLICATION PLANNING FEE 100%of Highest Planning Fee + 50%of All Additional Fees Related to the Proposal EFFECTIVE DATE: OCTOBER 29.2003(Updated annually according to Resolution No.03-59) (Resolution No.Q,1,59, Repealing Resolution No.02-34,Repealing Resolution No.98-58,Repealing Resolution No.96-30,Repealing Resolution No.91-01) *-Established by state statute NOTE 1: WITHDRAWN APPLICATIONS: In cases of withdraw of an application;refund of fees maybe applicable,less costs incurred, as determined by the Director. Generally,refunds of 80 percent will be made for applications received and withdrawn prior to sending out request for comments to agencies and notice of public hearing being sent. Fifty-percent refunds will be made where notice of public hearing has been sent but no staff report has begun. NO REFUNDS WILL BE PROVIDED FOR APPLICATIONS FOR WHICH A STAFF REPORT HAS BEGUN. NOTE 2: PROPERTY OWNER NOTICE REQUIREMENTS: For all Type II,III and IV applications,applicants must submit two (2) sets of pre-stamped,pre-addressed envelopes for all property owners of record within 500 feet of the subject properties. The very most current records of the Washington County Department of Assessment and Taxation shall be 1111 the official records for determining ownership. Contact the City of Tigard to request 500-foot property owner mailing labels. NOTE 3: LONG RANGE PLANNING SURCHARGE: A Long Range Planning surcharge of.1476 x the application fee has been added by the City Council Resolution No.04-99,passed and effective on 12/28/04. H:\patty\masters\Tigard Fee Schedule 07-08.doc(update effective:7/1/07) 2. 4110 Title Report The following title report provides information on deeds,easements,restrictions and other agreements associated with the Washington Square Mall. It should be noted that Macerich Company is the parent company of PPR Washington Square LLC (listed as the vested party in the title report). • • Transnation' TRANSNATION TITLE INSURANCE P COMPANY 1515 SW 5th Avenue Suite 850 Portland, OR 97201 Ph: (503)223-5910 Fx: (503)553-5679 LandAmerica NCS Attn: Sean Cruz 888 West 6th St, Fourth Floor Los Angeles, CA 9001 7 Date Prepared: August 22, 2003 PRELIMINARY TITLE REPORT FOR ISSUING TITLE INSURANCE ORDER NO : 1231514w PARTY REFERENCE : NCS 03-006154 PROPERTY ADDRESS: OTHER REFERENCE : Washington Square • TRANSNATION TITLE INSURANCE COMPANY is prepared to issue title insurance as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This report is preliminary to the issuance of a policy of title insurance and shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the persons to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel, amend, or supplement this report for any reason. Thank you for placing the order with us. If you need assistance with this report, please contact: Kenneth F. Mayer, V.P. & Sr. Legal Counsel, 503-553-5662 PRELIMINARY TITLE REPORT DATED August 22, 2003 ORDER NO. 1231514w SCHEDULE A, Page No. 1 • 1 . The effective date of this preliminary title report is 5:00 P.M. on August 8, 2003 2. The Policy or Policies to be issued: Policy/Endorsement Description Charge ALTA Extended Owner's for (to come) $ Local Govt. Lien Search 475.00 3. Title to the land described herein is vested in: PPR WASHINGTON SQUARE LLC, a Delaware limited liability company 4. The land referred to in this report is described as follows: As fully set forth on Exhibit "A" attached hereto and by this reference incorporated herein. Order No. 1231514w III EXHIBIT "A" Legal Description PARCEL 1 : (LANDLORD TRACT) That tract of land situated in Sections 26 and 35, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows : Beginning at the intersection of the Easterly line of that tract of land conveyed to D.W. Creary by Deed recorded November 5, 1965, in Book 576, Page 195, Records of Washington County, Oregon, with the Southwesterly line of Hall Road (State Highway Number 217) ; thence along said Southwesterly line South 64°12' 59" East 73 .30 feet; thence South 1°03' 00" West 331.79 feet; thence South 88°57' 00" East 177 .00 feet; thence South 01°03' 00" West 532 . 68 feet; thence South 88°55' 05" East 233 . 55 feet to a point of curvature; thence 48 . 18 feet along the arc of a 45. 96 foot radius curve to the left through a central angle of 60°03' 50" (the long chord of which bears North 61°03 ' 00" East 46 .00 feet) to a point of compound curvature; thence 11. 93 feet along the arc of a 146 . 77 foot radius curve to the left through a central angle of 04°39' 25" (the long chord of which bears North 28°41' 23" East 11 .93 4110 feet) to the Westerly line of SW Greenburg Road; thence tracing said Westerly line South 11°22 ' 29" West 8 . 31 feet; thence South 11°11'38" West 134 .21 feet; thence South 11°22' 12" West 12 . 90 feet; thence South 02 °53' 18" East 26.12 feet; thence South 14°51' 23" West 250 .25 feet; thence South 32°36' 03" West 26 . 12 feet; thence South 14°51' 23" West 82 . 08 feet to the non-tangent intersection with a 66 . 00 foot radius curve to the left (the radial center bears South 41°49' 52" West) ; thence leaving said Westerly line of SW Greenburg Road; thence Northwesterly tracing the arc of said 66 . 00 foot radius curve to the left 46 . 00 feet through a central angle of 39°55' 57" (the long chord of which bears North 68°08' 06" West 45 . 07 feet) to a point of tangency; thence North 88°06' 05" West 685. 06 feet to the beginning of a tangent 400 . 00 foot radius curve to the left; thence Southwesterly along the arc of said curve 640 . 17 feet through a central angle of 91°41' 52" (the long chord of which bears South 46°02' 59" West 574 . 00 feet) to a point of tangency; thence South 0°12' 03" West 258 .78 feet; thence South 89°40' 00" West 630 .75 feet; thence South 0°20' 00" East 784 . 34 feet to a point on the Northeasterly right-of-way line of the Oregon State Highway (Beaverton-Tigard Freeway) ; thence along said right-of-way line as follows : North 45°10' 42" West 5 . 07 feet; North 37°07' 00" West 164 .80 feet; North 24°20' 47" West 387 .35 feet; North 12 °55' 20" West 298 . 00 feet; North 7°49' 50" West 303 .41 feet; North 11°21' 59" West 298 .42 feet; North 2°22' 32" West 250 . 25 feet; North 8°49 ' 08" East 172 .44 feet; thence leaving said Northeasterly right-of-way line of the Oregon State Highway North 89°40' 00" East 394 . 11 feet; thence North 00°49' 14" East 5 . 00 feet; thence North 89°40' 00" East 64 . 97 feet; thence North 00°20' 00" West 0 .42 feet; ID thence North 89°40' 00" East 123 .00 feet; thence North 00 °20' 00" West (Continued) Order No. 1231514w Page - 2 Exhibit "A" Legal Description 43 . 58 feet; thence North 89°40' 00" East 68 . 00 feet; thence South 00°20 '00" East 3 . 58 feet; thence North 89°40' 00" East 107 . 00 feet; thence North 00°20' 00" West 190.58 feet; thence North 89°40' 00" East 70 . 00 feet; thence North 00°20' 02" West 100 . 00 feet; thence North 89 °40 '00" East 123 .40 feet; thence North 00°20' 00" West 369 .28 feet; thence South 87°28'25" East 850 . 15 feet; thence North 01°03' 00" East 333 . 37 feet to the point of beginning. (ACCESS ROAD NO. 6) TOGETHER WITH a strip of land over a portion of OAKBURG, a duly recorded plat in said Washington County and a portion of said Sections 26 and 35, described as follows: Commencing at a point on the Northerly prolongation of the Westerly line of Lot 25, OAKBURG, a duly recorded plat in said county, distant thereon North 0°18' 12" East 25 . 00 feet from the Northwest corner of said lot; thence North 89°41'48" West 37 .28 feet; thence North 00°20' 00" West 340 . 83 feet to the true point of beginning; thence continuing North 00°20'00" West 62 . 02 feet; thence North 00°12' 03" East 35 . 94 feet to the non-tangent intersection with a 40 . 00 foot radius curve to the left (the radial center bears South 89 °47' 57" East) ; thence tracing the arc of said 40 . 00 foot radius curve to the left 62 .75 feet through a central angle of 89°53' 17" (the long chord of which bears South 44°44'36" East 56. 51 feet) to a point of tangency; thence along a line that is parallel with and distant Southerly 4 . 00 feet, measured at right angles from the North line of said Section 35, South 89°41' 14" East 858 .26 feet to the Westerly line of SW Greenburg Road; thence tracing said Westerly line South 14°48' 04" West 61 .78 feet; thence leaving said Westerly line and tracing the arc of a non-tangent 29 . 00 foot radius curve to the left (the radial center bears South 22°31' 08" West) an arc distance of 10 .23 feet (the long chord of which bears North 79°14' 20" West 10 . 18 feet) to a point of tangency; thence North 89°41' 14" West 872 . 01 feet to the true point of beginning. (ACCESS ROAD NO. 7) TOGETHER WITH a strip of land over a portion of OAKBURG, a duly recorded plat in said Washington County and a portion of said Section 35, described as follows: Beginning at a point on the Northerly prolongation of the Westerly line of Lot 25 of OAKBURG, a duly recorded plat in said county, distant thereon North 0°18' 12" East 25 . 00 feet from the Northwest corner of said lot; thence South 00°18' 12" West 30 . 00 feet; thence South 89°41' 48" East 32 .44 feet to a point of curvature; thence 139 . 07 feet along the arc of a 320 . 00 foot radius curve to the right through (Continued) 110 Order No. 1231514w Page - 3 Exhibit "A" Ill Legal Description a central angle of 24°53 '59" (the long chord of which bears South 77°14 ' 48" East 137 . 97 feet) to a point of tangency; thence South 64°47' 49" East 405 . 94 feet to a point of curvature; thence 111 . 00 feet along the arc of a 930 . 00 foot radius curve to the right through a central angle of 06°50' 19" (the long chord of which bears South 68°12' 58" East 110 .94 feet) to a point of reverse curvature; thence 23 .26 feet along the arc of a 49 . 08 foot radius curve to the right through a central angle of 27°09' 29" (the long chord of which bears South 58°03 ' 23" East 23 . 05 feet) to a point of non-tangency; thence South 44°18' 24" East 1. 18 feet to the Westerly line of SW Greenburg Road; thence tracing said Westerly line North 14°51' 35" East 84 . 64 feet to the non-tangent intersection with a 41. 00 foot radius curve to the right (the radial center bears North 23°33' 21" West) ; thence 30 .45 feet along the arc of a 41. 00 foot radius curve to the right through a central angle of 42°33 ' 27" (the long chord of which bears South 87°43'22" West 29 .76 feet) to a point of compound curvature; thence 93 . 3 feet along the arc of a 862 . 00 foot radius curve to the right through a central angle of 06°12 ' 05" (the long chord of which bears North 67 °53' 51" West 93 .25 feet) to a point of tangency; thence North 64°47'49" West 388 .71 feet to a point of curvature; thence 165 . 14 feet along the arc of a 380 . 00 foot radius curve to the left through a central angle of 24°53 ' 59" (the long chord of which bears North 77°14' 48" West 163 . 84 feet) to a point of tangency; thence North III89°41' 48" West 89 . 04 feet; thence South 00°20' 00" East 30 . 00 feet; thence South 89 °41' 48" East 37 .28 feet to the point of beginning. (ACCESS ROAD NO. 1) TOGETHER WITH that portion of Section 26, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being more particularly described as follows: Beginning at the intersection of said Easterly right-of-way line of the Beaverton-Tigard (Oregon State) Freeway with the North line of that tract of land granted to Gust Olson by Deed recorded March 2, 1892 in Book 33 at Page 334, Deed Records of said county; thence North 19°19'29" East 14 .23 feet; thence North 00°41' 08" East 671. 49 feet to a point of curvature; thence 129 . 13 feet along the arc of a 500 . 00 foot radius curve to the right through a central angle of 14°47'50" (the long chord of which bears North 08°05' 03" East 128 .77 feet) to a point of non-tangency; thence North 88°21' 11 " West 13 .43 feet; thence North 34°47' 25" West 46 . 50 feet; thence North 88°45' 53" West 45 . 82 feet to the Easterly right-of-way of SW Scholls Ferry Road; thence tracing said Easterly right-of-way North 19°56' 09" East 57 . 62 feet; thence leaving said Easterly right-of-way South 68°45' 35" East 84 . 68 feet to a point of curvature; thence 42 . 62 feet along the arc of a 30 . 00 foot radius curve to the left through a central angle of 81°26' 05" (the long chord of which bears North 70°31' 22" East 39 . 14 feet) to a point of tangency; thence North 29°48'20" East 183 .34 feet • (Continued) Order No. 1231514w Page - 4 Exhibit "A" Legal Description to a point of curvature; thence 163 .43 feet along the arc of a 95 . 00 • foot radius curve to the left through a central angle of 98°33 ' 55" (the long chord of which bears North 19°28' 37" West 144 . 01 feet) to a point of tangency; thence North 68°45' 35" West 82 . 00 feet to the Easterly right-of-way of SW Scholls Ferry Road; thence tracing said Easterly right-of-way North 21°14'26" East 105 . 00 feet; thence leaving said Easterly right-of-way South 68°45' 35" East 12 . 00 feet to the non-tangent intersection with a 70 .00 foot radius curve to the left (the radial center bears South 68°45'35" East) ; thence 109 . 96 feet along the arc of a 70 . 00 foot radius curve to the left through a central angle of 90°00' 00" (the long chord of which bears South 23 °45' 35" East 98 .99 feet) to a point of reversing curvature; thence 223 . 62 feet along the arc of a 130.00 foot radius curve to the right through a central angle of 98°33'55" (the long chord of which bears South 19°28'37" East 197 . 06 feet) to a point of tangency; thence South 29 °48' 15" West 121.15 feet to a point of curvature; thence 123 .79 feet along the arc of a 445 . 00 foot radius curve to the left through a central angle of 15°56' 17" (the long chord of which bears South 21°50' 12" West 123 . 39 feet) to a point of tangency; thence South 88°21' 02" East 0. 08 feet to a point of curvature; thence 66 .89 feet along the arc of a 437 . 00 foot radius curve to the left through a central angle of 08°46' 14" (the long chord of which bears South 13°09' 02" West 66 . 83 feet) to a point of non-tangency; thence South 88°20' 02" East 24 .22 feet; thence South 21°17' 45" West 81. 15 feet; thence South 00°41' 08" West 670 . 05 feet: thence North 89°13'49" West 67 . 55 feet to the point of beginning. 41101 (ACCESS ROAD NO. 2) TOGETHER WITH that portion of Section 26, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being more particularly described as follows: Commencing at the most Westerly Northwest corner of that tract of land described in Deed recorded in Book 576, Page 196, Deed Records of Washington County, Oregon; thence North 00°12' 03" East 86 .28 feet to the true point of beginning; thence North 00°12' 03" East 214 .57 feet; thence North 00°19' 18" East 656 . 11 feet to the Southwesterly right-of-way of SW Hall Boulevard; thence tracing said Southwesterly right-of-way North 46°19' 50" West 8.78 feet to a point of curvature; thence 61 .38 feet along the arc of a 924 . 93 foot radius curve to the left through a central angle of 03°48' 08" (the long chord of which bears North 48°13' 54" West 61.37 feet) to a point of non-tangency; thence leaving said Southwesterly right-of -way of SW Hall Boulevard South O1°16'28" East 229 . 38 feet; thence South 00°19' 18" West 322 . 27 feet; thence South 88°21' 11" East 3 .50 feet; thence South 00°19' 18" West 110 . 04 feet to a point of curvature; thence 40 .10 feet along the arc of a 430. 50 foot radius curve to the left through a central angle of 05°20' 15" (the long chord of which bears South 02°59' 25" West 40 . 09 (Continued) • Order No. 1231514w Page - 5 Exhibit "A" • Legal Description feet) to a point of non-tangency; thence North 88°21' 11" West 3 . 51 feet to the non-tangent intersection with a 427 . 00 foot radius curve to the right (the radial center bears North 84°18' 22" West) ; thence 14 . 58 feet along the arc of a 427 . 00 foot radius curve to the right through a central angle of 01°57' 23" (the long chord of which bears South 06°40 ' 19" West 14 . 58 feet) to a point of tangency; thence South 07°39 ' 01" West 203 .73 feet; thence North 89°40' 00" East 75 . 93 feet to the true point of beginning. PARCEL II : That portion of Section 26, Township I South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, described as follows : Beginning at a point lying North 0°12' 03" East 86 .28 feet and South 89°40 ' 00" West 75. 93 feet from the most Westerly Northwest corner of that tract of land described in Deed recorded in Book 567, Page 196, Deed Records of said Washington County; thence South 89°40' 00" West 573 . 13 feet, to a point on the East line of Access Road Nilmher 1; thence North 0°41' 08" East 236. 97 feet; thence South 88°21' 11" East 599 . 35 feet to a point on the arc of a 427.00 foot radius curve to the right, the long chord of said curve bears South 6°40' 20" West 14 .58 feet; thence Southerly along the arc of said curve 14 .58 feet through a central angle of 1°57'21" ; thence South 7°39' 01" West 203 .73 feet to the point of beginning. PARCEL III: That portion of Section 26, Township 1 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, being more particularly described as follows : Commencing at the intersection of the Easterly line of that tract of land conveyed to D.W. Creary by Deed recorded November 5, 1965, in Book 576, Page 195, Records of Washington County, Oregon, with the Southwesterly line of Hall Road (State Highway Number 217) ; thence along said Southwesterly line South 64°12' 59" East 73 .30 feet to the true point of beginning; thence continuing along said Southwesterly line South 64°12' 59" East 194 . 88 feet; thence South 01°03' 00" West 22 .22 feet; thence North 64°12' 59" West 160.72 feet to the intersection of a 45 . 00 foot radius curve to the left, (the radius point bears South 17°02' 57" East) ; thence 56 .47 feet along the arc of said curve through a central angle of 71°54' 03" (the chord of which bears South 37°00' 09" West 52 . 84 feet) ; thence North 01°03' 00" East 79 .29 feet to the true point of beginning. ora (Continued) Order No. 1231514w Page - 6 Exhibit "A" Legal Description PARCEL IV: • A tract of land in the West half of Section 26, Township 1 South, Range 1 West of the Willamette Meridian, located in the City of Tigard, County of Washington and State of Oregon, said tract described specifically as follows: Beginning at the intersection of the East right-of-way line of the Beaverton-Tigard (Oregon State) Highway with the North line of that tract of land granted to Gust Olson by Deed recorded March 2 , 1892 in Book 33 , Page 334, Washington County Deed Records; thence, North 19°19 ' 29" East, 14 .23 feet; thence, North 00°41' 08" East, 671. 49 feet to a point of curvature; thence, along the arc of a 500 . 00 foot radius curve, concave Easterly, the central angle of which is 14°47' 50", the long chord of which bears North 08°05' 03" East, 128 .77 feet, an arc distance of 129 . 13 feet; thence, nontangent to the last described course, North 88°21'11" West, 13 .43 feet; thence, North 34°47 ' 25" West, 46 . 50 feet; thence, North 88°45' 53" West, 45. 82 feet to the East right-of-way line of Southwest Scholls Ferry Road; thence North 19°56' 09" East, along the East right-of-way line of Southwest Scholls Ferry Road, 57 . 62 feet to the true point of beginning of the tract herein described; thence, North 19°56' 09" East, along the East right-of-way line of Southwest Scholls Ferry Road, 192 . 53 feet to an angle point in said right-of-way line; thence, North 07°16' 04" East, along the East right-of-way line of Southwest Scholls Ferry Road, 61.72 feet to an angle point in said right-of-way line; thence, North 21°14' 26" East, along the East right-of-way line of Southwest Scholls Ferry Road, 63 . 60 feet; thence, leaving the Southwest right-of-way line of Southwest Scholls Ferry Road, South 68°45'35" East, 67 . 00 feet to a point of curvature; thence, along the arc of a 95 . 00 foot radius curve, concave Southwesterly, the central angle of which is 98°33' 55", the long chord of which bears South 19°28' 37" East, 144 . 01 feet, an arc distance of 163 .43 feet to a point of tangency; thence, South 29°48' 20" West, 183 .34 feet to a point of curvature; thence, along the arc of a 30 . 00 foot radius curve, concave Northwesterly, the central angle of which is 81°26' 05", the long chord of which bears South 70°31' 22" West, 39 . 14 feet, an arc distance of 42 . 64 feet to a point of tangency; thence, North 68°45' 35" West, 84 . 68 feet to the true point of beginning. PARCEL V A) TOGETHER WITH those certain non-exclusive easements as set forth in that certain Construction, Operation and Reciprocal Easement Agreement dated April 25, 1972, by and between Washington Square, Inc . , Sears, Roebuck and Co. , and the May Department Stores Company recorded May 2, 1972 in Book 865 at Page 12, and amended by instruments recorded July 19, 1973 in Book 936 at Page 284, and recorded February 20, 1990 at Recorder' s Fee No. 90-08131, and recorded June 29, 1994 at Recorder' s (Continued) Order No. 1231514w Page - 7 Exhibit "A" Legal Description Fee No. 94-062510 Records of Washington County, Oregon. B) TOGETHER WITH a non-exclusive easement as reserved in that certain Deed from Square Land Co . Inc . , Ltd. , a Washington limited partnership to the May Department Stores Company, a New York corporation, recorded February 20, 1990 at Recorder' s Fee No. 90-08126. C) TOGETHER WITH a non-exclusive easement as set forth in that certain Easement Agreement dated September 30, 1993, by and between Washington Square, Inc . and The May Department Stores Company recorded October 29, 1993 at Recorder' s Fee No. 93090210 . D) TOGETHER WITH a non-exclusive easement as set forth in Easement Agreement dated October 26, 1999, by and between Washington Square, Inc . , a Washington corporation, and PPR Washington Square LLC, a Delaware limited liability company, recorded October 29, 1999, at Recorder' s Fee No. 99-122267 . • • PRELIMINARY TITLE REPORT DATED August 22, 2003 ORDER NO. 1231514w SCHEDULE B, Page No. 1 Except for the items properly cleared through closing, the proposed policy or policies will not insure against loss or damage which may arise by reason of the following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3 . Easements, claims of easements or encumbrances, not shown by the public records reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, or claims or title to water. 4 . Any lien, or right to a lien, for unemployment taxes, workman's compensation, services, labor, equipment rental or material, heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. 4110 NOTE: Exceptions 1 through 5 may be modified or eliminated from the policy based upon receipt and review of additional evidence of insurability, including, but not necessarily limited to, the following: (a) A survey of the subject property meeting ALTA/AGSM guidelines for commercial property surveys. In addition to the survey, the company may inspect the subject property, for which there may be a nominal charge. NOTE: The company has on file a survey dated February 17, 1999 by W & H Pacific Job No. 04.1276.0001 which may be sufficient to remove or modify the exception regarding survey requirements. An affidavit regarding no new additions or alterations to the property or an updated survey will be necessary. (c) Proof that there are no statutory liens for labor or material, including liens for contributions due to the State of Oregon for unemployment compensation and for workmen's compensation which have not gained or hereafter may gain priority over the lien of the insured mortgage, which liens do not now appear of record. (b) Proof that there are no parties in possession or claiming the right to be in possession other than the vestees herein and that there are not existing leases or tenancies. 6. 2003-04 taxes, a lien in an amount to be determined, but not yet payable. (Continued) 1110) SCHEDULE B, Page No. 2 Exceptions, Continued Order No.: 1231514w 7. Municipal liens, if any, imposed by the City of Tigard. We find none, per the 1111 public records, as of August 8, 2003. 8 . Taxes, including current year, not assessed because of an exemption relating to a transit facility located on Parcel I. Exemption : County Account No. : R2049792 Map No. 1S126C-02000 9. Limited access in deeds to State of Oregon, by and through its Department of Transportation, Highway Department which provides that no right or easement of right of access to, from or across the State Highway other than expressly provided therein shall attach to the abutting property, as follows: RECORDED BOOK PAGE April 19, 1961 443 170 April 27, 1961 443 434 February 5, 1964 505 529 September 24, 1964 523 644 October 19, 1964 527 167 and 169 November 12, 1964 530 79 November 30, 1966 623 161 February 15, 1967 630 393 August 22, 1967 656 39 October 11, 1967 663 506 August 17, 1971 831 423 August 17, 1971 831 424 September 13, 1971 834 956 Affects access onto the Beaverton-Tigard Highway from Parcel I only. 10. Limited access as set forth in decree entered in Circuit Court, Washington County, in favor of the State of Oregon, by and through its Department of Transportation, Highway Department, which provides that no right or easement of right of access to, from, or across the State Highway other than expressly provided therein shall attach to the abutting property Case No. : 27-135 Affects access onto the Beaverton-Tigard Highway from Parcel I only. 11. Limited access in deed to State of Oregon, by and through its Department of Transportation, Highway Department which provides that no right or easement of right of access to, from or across the State Highway other than expressly provided therein shall attach to the abutting property, Recorded : August 3, 1967 Book/Volume : 653 Page : 183 Affects access onto the Beaverton-Tigard Highway from Parcel I only. (Continued) 1 SCHEDULE B, Page No. 3 Exceptions, Continued Order No.: 1231514w 12. An easement created by instrument, including the terms and provisions thereof, Dated : February 28, 1968 Recorded : March 12, 1968 Book/Volume : 684 Page : 590 In favor of : Progress Sanitary District For : Sewer Location : Over a 10 foot strip which crosses the Northerly access area of Washington Square Affects Access Road No. 1 of Parcel I. 13 Easement rights, benefiting the property described in a deed recorded at Recorder's Fee No. 91008316, arising by reason of the following recorded documents and by use and/or unrecorded agreement, for ingress and egress over Access Road No. 1, including the terms and provisions thereof, A)Dated : December 28, 1968 Recorded : December 31, 1968 Book : 728 Page : 762 B)Dated : January 12,1971 Recorded : March 6, 1972 Book : 856 Page : 885 • 14 . Covenants, conditions, restrictions, easements and/or setbacks, including the terms and provisions thereof, imposed by instrument Recorded : September 13, 1971 Book/Volume : 834 Page : 956 NOTE: This exception omits from said instrument any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the restriction is not in violation of state or federal law or relates to a handicap, but does not discriminate against handicapped people. Affects a portion of Lot 18, Oakburg, on the Southwest, adjacent to the Beaverton-Tigard Highway. 15 . Agreement, including the terms and provisions thereof, Dated : September 28, 1968 (Continued) 0 SCHEDULE B, Page No. 4 Exceptions, Continued Order No.: 1231514w Memorandum of Agreement, including the terms and provisions thereof, 111/1 I Dated : February 7, 1972 Recorded : February 14, 1972 Book/Volume : 854 Page : 274 By and between : Crescent Grove Cemetery Association, a non-profit corporation; Winmar Company, Inc. , a corporation; Winmar Pacific, Inc. , a corporation; and Gordon R. Martin Affects Parcel I. 16. Construction Operation and Reciprocal Easement Agreement, including the terms and provisions thereof, Dated : April 25, 1972 Recorded : May 2, 1972 Book : 865 Page : 12 The above document was amended by instrument, Recorded : July 19, 1973 Book/Volume : 936 Page : 284 Second Amendment, Dated : November 1, 1987 Recorded : February 20, 1990 Recorder' s Fee No. : 90-08131 l And thereafter Third Amendment, Dated : April 22, 1994 Recorded : June 29, 1994 Recorder's Fee No. : 94-062510 Affects Parcel I through V. Assignment of Reciprocal Easement Agreements, including the terms and provisions thereof, Dated : February 18, 1999 Recorded : February 22, 1999 Recorder' s Fee No. : 99021508 From : Washington Square, Inc. To : PPR Washington Square LLC Request for Notice of Mortgagee, including the terms and provisions thereof, Dated : February 18, 1999 Recorded : February 22, 1999 Recorder' s Fee No. : 99021512 By : Metropolitan Life Insurance Company (Continued) SCHEDULE B, Page No. 5 Exceptions, Continued Order No.: 1231514w 17. Non-exclusive Road Easement Agreement, including the terms and provisions thereof, Dated : April 20, 1972 Recorded : May 2, 1972 Book/Volume : 865 Page : 197 Affects Access Road No. 2. The above document was amended by instrument, Recorded : November 15, 1974 Book/Volume : 999 Page : 396 18. Easements for existing public utilities in vacated street area reserved by Resolution and Order No. 72-256, and an easement created by said instrument for sewer purposes 7 1/2 feet wide on each side of the center line of said vacated street ( SW Locust Street) , Dated : November 14, 1972 Recorded : December 18, 1972 Book/Volume : 901 Page : 820 Affects Access Road No. 7 of Parcel I. 19. An easement created by instrument, including the terms and provisions thereof, 111 tDated June 7, 1979 Recorded : July 2, 1979 Recorder's Fee No. : 79025766 In favor of : Washington County For : Traffic control facilities, slope and drainage Location : Over the area adjacent to SW Greenburg Road Affects Access Roads 6 and 7 of Parcel I. 20. A non-exclusive easement created by instrument, including the terms and provisions thereof, Dated : December 20, 1985 Recorded : December 27, 1985 Recorder's Fee No. : 85051367 In favor of : Adjacent property For : Vehicular and pedestrian access Affects Access Road No. 2 of Parcel I. 21. A non-exclusive easement created by instrument, including the terms and provisions thereof, Dated : December 20, 1985 Recorded : December 27, 1985 Recorder's Fee No. : 85051370 In favor of : Adjacent property For : Vehicular and pedestrian access Affects Access Road No. 2 of Parcel I. • (Continued) SCHEDULE B, Page No. 6 Exceptions, Continued Order No.: 1231514w 22. A non-exclusive easement created by instrument, including the terms and provisions thereof, Dated : December 3, 1985 Recorded : December 27, 1985 Recorder' s Fee No. : 85051371 In favor of : Adjacent property to the North of Parcel I For : Roadway Location : Over the Roadway No. I easement area. 23. A non-exclusive easement created by instrument, including the terms and provisions thereof, Dated : December 20, 1985 Recorded : December 27, 1985 Recorder's Fee No. : 85051373 In favor of : Adjacent property For : Sign Affects Parcel IV. 24. Access Road Maintenance Agreement, including the terms and provisions thereof, Dated : July 18, 1987 Recorded : December 8, 1987 Recorder's Fee No. : 87060164 Between : Winmar Pacific, Inc. , Square Land Co. , Ltd. , Washington Square, Inc. And : Nesbitt Partners Portland Venture, Ltd. The above document was modified by instrument • Recorded : July 31, 1989 Recorder's Fee No. : 89-35019 Affects Access Roads No. 1 and 2 of Parcel I. The effect, if any, of the Second Modification to Access Road Maintenance Agreement, Dated : July 27, 2002 Recorded : October 18, 2002 Recorder's Fee No. : 2002-122680 Executed by : Portland Office Associates, an Illinois general partnership AND Portland Hotel Associates, an Illinois general partnership 25. An easement created by instrument, including the terms and provisions thereof, Dated : November 15, 1988 Recorded : January 24, 1989 Recorder's Fee No. : 89-03319 In favor of : Oregon Department of Transportation For : Slopes and traffic control facility Affects Parcel IV. (Continued) SCHEDULE B, Page No. 7 Exceptions, Continued Order No.: 1231514w 26. An easement created by instrument, including the terms and provisions thereof, Dated : April 17, 1989 Recorded : April 18, 1989 Recorder's Fee No. : 89-17134 In favor of : Portland General Electric Company, an Oregon corporation For : Electric power line Location : Over the dogleg adjacent to SW Hall Blvd. Affects Parcels I and II. 27. An easement created by instrument, including the terms and provisions thereof, Dated : November 15, 1988 Recorded : May 31, 1989 Recorder's Fee No. : 89-24472 In favor of : Department of Transportation, State of Oregon For : Slope, traffic control facilities, and temporary construction Affects Access Road No. 1, adjacent to Scholls Ferry Road. 28. An easement created by instrument, including the terms and provisions thereof, Dated : December 4, 1989 Recorded : November 15, 1990 Recorder's Fee No. : 90-63000 In favor of : Portland General Electric Company For : Underground distribution line Location : Over a portion of Access Road No. I and Parcel IV 29. Non-exclusive Easement Agreement, including the terms and provisions thereof, Dated : September 30, 1993 Recorded : October 29, 1993 Recorder's Fee No. : 93090210 Between : Washington Square, Inc. , a Washington corporation And : The May Department Stores Company, a New York corporation Affects Parcel I. 30. An easement created by instrument, including the terms and provisions thereof, Dated : September 8, 1993 Recorded : January 7, 1994 Recorder's Fee No. : 94002128 In favor of : Tualatin Valley Water District For : Fire hydrants, water lines, meters and appurtenances Affects Parcel I. 31. Restrictive covenants, including the terms and provisions thereof, to waive rights of remonstrance, Recorded : August 14, 1996 Recorder's Fee No. : 96072860 For : Street improvements Affects a portion of Parcel I. (Continued) SCHEDULE B, Page No. 8 Exceptions, Continued Order No.: 1231514w 1 32. An easement created by instrument, including the terms and provisions thereof, 1111 Dated : November 5, 1997 Recorded : November 19, 1997 Recorder' s Fee No. : 97108988 In favor of : The Public For : Traffic control facilities Affects a portion of Parcel I, Access Road 7. 33. Rights or claims of the following parties in possession, as disclosed in the rent roll, as tenants only, with no rights of first refusal or options to purchase, as disclosed by Bargain and Sale Deed, Recorded : February 22, 1999 Recorder's Fee No. : 99021506 A. Abercrombie & Fitch B. Ashley Avery's Collectables C. Ann Taylor D. Bachrach E. Babbage's F. Banana Republic, Inc. G. Eddie Bauer H. Bath & Body Works I. Baskin Robins J. Trade Secrets K. Ben Bridge Jeweler 1111V L. Latitudes M. Bank of America N. The Bombay Company 0. Binyon's P. Brookstone Q. Garden Botanika R. Cache' S. California Closet Company T. Camelot Music U. Shoe Mill V. Casual Corner W. Mark's Hallmark Shop X. Christian Supply Center Y. Cinnabon/Zuka Juice Z. Coach AA. Colorado BB. Colorado Pen Co. CC. Cool Temptations DD. Crabtree & Evelyn (Continued) 4 SCHEDULE B, Page No. 9 Exceptions, Continued Order No.: 1231514w EE. B. Dalton Bookseller FF. Deck the Walls GG. The Disney Store HH. Newport Bay Restaurant II. Edo Japan The following affects tenant owned or leased fixtures only, Landlord's Lien Waiver, including the terms and provisions thereof, Recorded : August 18, 1995 Recorder's Fee No. : 95066260 Between : Washington Square, Inc. And : Edo Japan Development Corporation, a Washington corporation and First Interstate Bank of Oregon, N.A. JJ. Embassy Suites Hotel KK. Enzo Angiolini LL. Afterthoughts Boutique MM. Field of Dreams NN. Wells Fargo Bank 00. Day & Night Teller PP. Made in Oregon QQ. Footaction USA RR. Footlocker SS. Friedlander TT. The Gap UU. GapKids VV. Glamour Shots WW. J.K. Gill XX. Gymboree YY. Gyros Gyros ZZ. General Nutrition AAA. Hickory Farms BBB. Excalibur Cutlery & Gifts CCC. J. Riggings DDD. Just Sports EEE. K/B Toys FFF. Baby Gap GGG. Kelly's Cajun Grill HRH. Koala Blue III. Kobos Kitchen JJJ. Kits Cameras KKK. Kinney Shoes LLL. La Bottega Mamma MMM. La Rog Jewelers (Continued) SCHEDULE B, Page No. 10 Exceptions, Continued Order No.: 1231514w NNN. Lane Bryant III/1 i 000. Lady Footlocker PPP. Lenscrafters QQQ. Lerner RRR. The Limited SSS. Liz Claiborne TTT. Mervyn's Also disclosed by: Unrecorded lease, including the terms and provisions thereof, Dated : May 24, 1973 Lessor : Washington Square, Inc. , a Washington corporation Lessee : AMFAC Merchandising Corporation, a California corporation Disclosed by Memorandum of Lease, Recorded : October 30, 1974 Book : 998 Page : 480 The lessee's interest in the above lease was assigned by numerous documents and by Assignment, Acceptance and Consent, including the terms and provisions thereof, Dated : June 1, 1979 Recorded : August 17, 1979 Recorder's Fee No. : 79033263 From : Marshall Field & Company To : Dayton-Hudson Corporation (Mervyn's Department Store) UUU. Macheesmo Mouse VVV. Mark's Hallmark Shop WWW. McDonald's Restaurant Also disclosed by, Unrecorded lease, including the terms and provisions thereof, Dated : May 23, 1989 Lessor : Washington Square, Inc. , a Washington corporation Lessee : McDonald Corporation, a Delaware corporation As disclosed by Memorandum of Lease Recorded : February 7, 1990 Recorder's Fee No. : 90-06400 XXX. Meier & Frank YYY. Monograms America ZZZ. Motherhood Maternity AAAA. The Museum Company BBBB. Natural Wonders CCCC. Naturalizer West DDDD. Nine West EEEE. Nordstrom (Continued) 111/1j SCHEDULE B, Page No. 11 Exceptions, Continued Order No.: 1231514w Also disclosed by: Unrecorded lease, including the terms and provisions thereof, and such other matters, interest, or exceptions as may appear necessary upon examination of the original lease, Dated : May 14, 1993 Lessor : Washington Square, Inc. , a Washington corporation Lessee : Nordstrom, Inc. , a Washington corporation As disclosed by Memorandum of Lease Recorded : May 20, 1993 Recorder's Fee No. : 93039236 Subordination, Non-Disturbance and Attornment Agreement, including the terms and provisions thereof, Dated : February 10, 1999 Recorded : February 22, 1999 Recorder's Fee No. : 99021513.2 By and between : Metropolitan Life Insurance Company, Nordstrom, Inc. , and PPR Washington Square LLC FFFF. Northern Reflections GGGG. The Tux Shop HHHH. OMSI Science Retail Store 1111. Orange Julius JJJJ. Panda Express KKKK. The Paper Station LLLL. Petite Sophisticate MMMM. J.C. Penney As disclosed by, Lease, including the terms and provisions thereof, Dated : July 20, 1973 Recorded : July 19, 1973 Book : 936 Page : 321 Lessor : Washington Square, Inc. , a Washington corporation Lessee : J.C. Penney Company, Inc. , a Delaware corporation Lease Amendment Agreement, Recorded : February 20, 1990 Recorder's Fee No. : 90-08130 (Continued) SCHEDULE B, Page No. 12 Exceptions, Continued Order No.: 1231514w NNNN. Radio Shack • 0000. Prints Plus PPPP. Rainier Roaster QQQQ. The Real Mother Goose RRRR. Regis Hairstylists SSSS. Rose's Deli & Bakery The following affect tenant owned or leased fixtures only: Financing Statement, Recorded : November 20, 2000 Recorder's Fee No. : 2000-093698 From : The Square Rose LLC To : Bank of America, N.A. TTTT. Sam Goody UUUU. The San Francisco Music Box Company VVVV. Sbarro's WWWW. Sears XXXX. See's Candies YYYY. Select Comfort ZZZZ. Shutterbug AAAAA. Silver Street BEBBB. Sizes Unlimited CCCCC. Sunglass Hut DDDDD. Starbucks Coffee EEEEE. Swim In FFFFF. Structures GGGGG. Stride Rite HHHHH. Sweet Factory VIII. Suncoast Motion Picture Co. JJJJJ. Talbots KKKKK. Talbot's Petites LLLLL. Things Remembered MMMMM. The Tinder Box NNNNN. H.C. Ellicott 00000. Claire's PPPPP. Track'n Trail QQQQQ. Tri Met RRRRR. Victoria' s Secret SSSSS. U-Bank TTTTT. Kay Jewelers UUUUU. Watch World International VVVVV. Warner Brothers Studio Store WWWWW. Wazwan XXXXX. Wishes and Dreams YYYYY. Zales Jewelers ZZZZZ. Bailey, Banks & Biddle (Continued) r SCHEDULE B, Page No. 13 Exceptions, Continued Order No.: 1231 514w AAAAAA. Zumiez BBBBBB. Beauty Secrets CCCCCC. Electronic Boutique DDDDDD. Gracie Homes, dba J. Crew EEEEEE. Helzburg Jewelers FFFFFF. Imaginarium GGGGGG. Mr. Rags HHHHHH. Store of Knowledge IIIIII. Your Northwest 34 . Deed of Trust, Security Agreement and Fixture Filing, to secure an indebtedness in the amount shown below, and any other obligations secured thereby, Dated : February 18, 1999 Recorded : February 22, 19999 Recorder's Fee No. : 99021509.3 Grantor : PPR Washington Square LLC Trustee : Transnation Title Insurance Company Beneficiary : Metropolitan Life Insurance Company Amount : $120,000,000.00 35. Assignment of Leases, including the terms and provisions thereof, Dated : February 18, 1999 Recorded : February 22, 1999 Recorder's Fee No. : 99021510 -I From To : PPR Washington square LLC : Metropolitan Life Insurance Company given as additional security to the Trust Deed Recorded : February 22, 1999 Recorder's Fee No. : 99021509.3 36. Financing Statement, Recorded : February 22, 1999 Recorder's Fee No. : 99021511 From : PPR Washington Square LLC To : Metropolitan Life Insurance Company 37. Terms, provisions and conditions, including, but not limited to, maintenance provisions, and a covenant to share the costs of maintenance, contained in Easement Agreement, Dated : October 26, 1999 Recorded : October 29, 1999 Recorder's Fee No. : 99-122267 (Continued) SCHEDULE B, Page No. 14 Exceptions, Continued Order No.: 1231514w 38. Access Road Agreement, including the terms and provisions thereof, 1110 ) Dated : May 2, 2001 Recorded : May 7, 2001 Recorder's Fee No. : 2001042542 By and between : PPR Washington Square LLC, SFP-B Limited Partnership AND Les Schwab Tire Centers of Portland, Inc. , an Oregon corporation Affects Parcel I. 39. Unrecorded Easement, as disclosed by Water Line Easement, Recorded : November 26, 2001 Recorder's Fee No. : 2001-121304 And amended by instrument, Recorded : June 25, 2002 Recorder's Fee No. : 2002-072307 NOTE: We find no recorded grant of easement by PPR Washington Square LLC, for that portion of the easement which lies across Parcels I and IV herein. 40. Existing leases and tenancies, if any, and any interests that may appear upon examination of such leases. No examination has been made as to matters affecting lessee and tenants . NOTE 1: No search has been made or will be made for water, sewer, or storm draina charges. Buyers should check with the appropriate City bureau or water/sewer district and obtain a final reading. Such charges are not adjusted in escrow. NOTE 2: The property described herein is subject to a Washington County Transfer Tax of $1.00 per thousand, based on consideration, payable on transfer of property. Failure to pay the tax or apply for an exemption shall result in a penalty equal to the amount of tax owed, plus possible criminal prosecution punishable by a fine of not more than $500. 00. NOTE 3: A copy of the Articles of Organization and of the Operating Agreement of PPR Washington Square LLC, a Delaware limited liability company, any amendments thereto, and assignments of members' interests should be furnished to us prior to closing. Any conveyance or encumbrance must be executed by all the members unless otherwise provided for in the Articles of Organization. (Continued) Il SCHEDULE 8, Page No. 15 Exceptions, Continued Order No.: 1231514w NOTE 4: Taxes paid in full for the year 2002-03, as follows: Levy Code 050.94 Amount Account No. Map No. Affects $3,394.02 R235588 1S126BC-00900 North part of Access Rd. 2 $2, 890.81 R235597 15126BC-01000 Parcel IV Levy Code 023.81 $1, 045.48 R236523 15126C-00400 Parcel III Levy Code 050.94 $240,099.27 R2034755 1S126C-01112 Portion of Parcel I Levy Code 023.81 - Exemption - County-Government $0.00 R2049792 15126C-02000 Levy Code 050.94 $680,578.94 R236596 1S126C-01107 Portion of Parcel I $ 1,101.99 R236649 1S126C-01300 Portion of Access No. 2 $ 19,153 .43 R236658 1S126C-01301 Portion of Parcel II $ 9,035.85 R236667 1S126C-01302 Portion of Parcel II $ 4,761.92 R1187432 1S126C-01303 Portion of Parcel II Amount Account No. Map No. Affects Levy Code 023.81 (Code Split) $100,316.73 R236587 15126-00300 Portion of Parcel I (Continued) SCHEDULE_ B, Page No. 16 Exceptions, Continued Order No.: 1231514w I Amount Account No. Map No. Affects Levy Code 050.94 New Account - Code Split $ 38,621.44 R1299543 1S126CD-00300 Portion of Parcel I Levy Code 023.81 New Account - Code Split $ 99, 947.74 R1299552 1S126CD-00300 Portion of Parcel I Levy Code 023.81 New Account $ 32,447.84 R1326924 1S126CA-00600 Portion of Parcel I $ 0.00 R2118336 1S126CD-00200 Formerly part of Tax Lot 402 $ 0.00 R2118340 1S126CA-00700 Formerly part of Tax Lot 1109 Levy Code 050.94 - New Account $ 0.00 R2118337 1S126-00301 Portion of Parcel 1, Access Road No. 1 End of Report SD/mah Daniels 4613 11111 ) 3. 0 Community Development Code The following information responds to Tigard Community Development Code requirements. Responses to individual sections are highlighted in bold for each applicable development standard criterion. II III • 18.360 Site Development Review 18.360.060 Minor Modification(s)to Approved Plans or Existing Development A. Minor modification defined. Any modification which is not within the description of a major modification as provided in Section 18.360.050 shall be considered a minor modification. Response: The proposed modifications do not meet the thresholds for a major modification as described in Section 18.360.050. Since the project does not meet or exceed the evaluation criteria,they are considered a minor modification. This criterion has been satisfied. B. Process. An applicant may request approval of a minor modification in accordance with Section 18.360.030B and as follows: 1. Providing the Director with three copies of the proposed modified site development plan;and 2. A narrative which indicates the rationale for the proposed modification addressing the changes listed in Section 18.360.050B. Response: Three(3) copies of site development plan and a one of the submittal requirements(application forms and code narrative)are included as part of III this application. See narrative below for specific responses to the evaluation criteria. Also,refer to Section 4,Site Drawings for additional information. This criterion has been satisfied. C. Approval criteria. A minor modification shall be approved, approved with conditions or denied following the Director's review based on the finding that: 1. The proposed development is in compliance with all applicable requirements of this title; and 2. The modification is not a major modification. Response: The proposed modifications are in compliance with the applicable requirements of this title and are not considered a major modification. This criterion has been satisfied III Dicks Sporting Goods Page 1 of 4 November 2007 Minor Modification Application—Section 3(Community Development Code) • Criteria from Section 18.360.050B 1. An increase in dwelling unit density, or lot coverage for residential development; Response: The original site plan (previously approved) did not include any residential uses(e.g. multi-family or single family). Similarly, no residential uses have been identified as part of the proposed modification. Therefore, this criterion is not applicable to this application. 2. A change in the ratio or number of different types of dwelling units; Response: Again, the original site plan did not include any residential uses(e.g. multi- family or single family). Since no residential units are being introduced as part of the proposed modification, there will be no change in ratios between the various types of dwelling units. Therefore,this criterion is not applicable to this application. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; Response: The off-street parking standards require a minimum rate of 3.7 and a maximum rate of 6.2 spaces per 1,000 square feet of floor area. The proposed III development, as approved, consisted of 77,187 SF. Based on the proposed structure, the minimum parking requirement would be 285 parking spaces and the maximum would be 479 spaces. The approved parking area has 335 surface plus four(4) handicapped spaces for a total of 339 spaces. In addition, there a cooperative agreement to share parking through out the Washington Square Complex. The proposed modifications reflect the addition of a new entry vestibule on the east side of the building. All totaled,this add an additional 68 square feet of floor area. Based on the minimum rate of 3.7, this would create an additional demand for 0.25 spaces. This would not trigger a need for an additional parking stall. This criterion has been satisfied 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; Response: There is no change in the type of structure being proposed as part of the proposed modification. The proposed modification will be constructed to commercial standards and comply with the Uniform Building Code. Therefore, this criterion is not applicable to this application. 5. An increase in the height of the building(s)by more than 20%; III Response: There is no increase in building height associated with the proposed modifications. The east entry vestibule will match the height of the north entry Dicks Sporting Goods Page 2 of 4 November 2007 Minor Modification Application-Section 3(Community Development Code) and not result in an overall increase in height. Therefore,this criterion is not • applicable to this application. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected; Response: There is no change in the type and/or location of access ways and parking areas where off-site traffic would be affected As a result, there would be no impact to off-site traffic as a result of the proposed modification. Therefore, this criterion is not applicable to this application. 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 proposed modification consists of the addition of a 68 square foot entry vestibule. Because the addition square footage does not add any additional retail square footage, no increase in vehicle trips is anticipated. Subsequently, no increase in vehicular traffic to and from the site will be created due to the proposed modification. Therefore,this criterion is not applicable to this application. 8. An increase in the floor area proposed for a nonresidential use by more than 10%excluding expansions under 5,000 square feet; Response: The proposed development, as approved,consisted of 77,187SF. The proposed modification will result in an increase of 68 square feet. Based on these figures,the proposed modification represents less than a 1 % increase in total floor area. This criterion has been satisfied 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; Response: There is no reduction in the amount of area reserved for common open space as a result of the proposed modification. Therefore, this criterion is not applicable to this application. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. • Dicks Sporting Goods Page 3 of 4 November 2007 Minor Modification Application—Section 3(Community Development Code) Response The approved development contains 9,889 square feet of landscaped area (6,113 square feet—existing to remain and 3,406 square feet-proposed) located along the building façade, additional parking islands and tree diamonds. The proposed modification will result in a slight decrease of 213 square feet of landscaping due to the development of an additional 68 square feet of building floor area and associated hardscape(e.g. concrete walks, etc.). Based on the figures above,this represents a 2%reduction in the overall landscaping. This criterion has been satisfied 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 proposed minor modification will not affect any to the conditions imposed on the original site development review. Therefore, this criterion is not applicable to this application. • Dicks Sporting Goods Page 4 of 4 November 2007 Minor Modification Application-Section 3(Community Development Code) 4. Drawings The following exhibit drawings are intended to meet the plan and graphic requirements for the minor modification application. Site drawings contained in this section include: A. Site/Plot Plan B. Site Development Plan with Landscaping (Revised) C. Floor Plan D. Building Elevation E. Building Section • • r 0 7 Office: PORTLAND I System: PDX 6F7KC8I f User KAPPERSON I Tire.: 11/08/2007 15:14:JJ ). 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DRAWING FILE NAME: Aana°'•roglapare•ar'Q0"•LOsbOap'Arobt'a"• NTS 35238 Plot Plan Exhibit L J I DWG.1522-90-00 513 urn am t. .1.821-9040 X773-031 a$ NM./1!1195 _/ LARGE STREET TREE ALONG OUTER RING ROAD. (40'0/C TYR) ' i� d w, am MT-I-619-KI00 , Q 0 , sire DA TA `..®�� ,,� ���� ° -1 --- 1 GROSS gTE ARE.I• ,75.062 SF �- 1 "!� l vi 4 'i' t giriliroili REQUIRED LANDSCAPING(0 15� 26,259 SF I /e' 4I L s — j _ TOTAL EXISTING LANDSCAPE s,809 SF i �'/ _ ;`,% I _fir. I f � �� i EXISTING LANDSCAPE TO REMAIN 6,113 SF ( `\` I• I�; \ Ff 1' �' ( f; lam �,'��i��ff'� 696 10 PARKING ! I \1,1 REMOVED LANDSCAPE AREAS S1RUCttiRG � ( e• I.•� / TOTAL LANDSCAPE AREA PROPOSED 9.519 SF r -,,` \\_ \ //' E EXISTING LANDSCAPE TO REMAIN 6,IIJ SF ' :., -a \ / _ XI PROPOSED LANDSCAPE AREA•• 3,19J SF ;� `� •\ j► / �/ t.i k Lu m **EXCLUDES AREA NORTH OF RING ROAD 'AW I. 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