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MMD2009-00036 MMD2009 - 00036 CHANGE OF USE SNAP FITNESS 24 / 7 NOTICE OF TYPE I DECISION I, MINOR MODIFICATION (MMD) 2009-00036 CHANGE OF USE SNAP FITNESS 24/7 TIGARD 120 DAYS = 04/13/10 SECTION I. APPLICATION SUMMARY FILE NAME: Change of Use Snap Fitness 24/7 CASE NO.: Minor Modification (MMD) MMD2009-00036 PROPOSAL: Applicant proposes a change of use of a 2295 sq. ft. tenant space from general retail to indoor entertainment. The applicant proposes re-striping a portion of the parking lot to add two spaces required for the change. No other changes are proposed. APPLICANT: Regency Centers OWNER: FW-OR-Greenway Town Center 5335 SW Meadows Rd. #295 1 Independent Dr. Suite 114 Lake Oswego, OR 97035 Jacksonville, FL 32202 LOCATION: 12264 SW Scholls Ferry Rd.;WCTM 1S134BC,Tax Lot 00300. ZONING DESIGNATION: C-G: General Commercial District (PD). 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, 18.745 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. MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 1 CONDITIONS OF APPROV PRIOR TO THE REQUEST FOR FINAL BUILDIIINSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Applicant shall apply for permitting of signs by separate application and review. 2. Applicant shall request final inspection approval by the Planning Division prior to occupancy. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject project is located at 12264 SW Scholls Ferry Road, WCTM 1S134BC, Tax Lot 00300. The request is to change the use of a 2295 sq. ft. tenant space from general retail to indoor entertainment. The development, Greenway Town Center, was determined to be non-conforming regarding required parking, but has not appeared to be insufficient. Each change in occupancy that requires additional parking must provide that number of spaces by re-striping existing spaces to compact spaces up to a maximum of 50% of the total on the site. This proposal provides for the two spaces required. Proposal Description: The request is to change the use of a 2295 sq. ft. tenant space from general retail to indoor entertainment. The required two new parking spaces will be created by re-striping 18 existing spaces to 22 compact parking spaces. No new surfaced area will be created. The two extra parking spaces are part of MIMID2009-00016 and correct the parking count. 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 is to provide 2 additional parking spaces and will be achieved by re-striping 18 spaces that are standard and larger to create 22 compact parking spaces. The non-conforming parking for the Gateway Town Center has resulted in no net loss in parking through this project. Therefore,this criterion has been satisfied. 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. MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 2 5. An increase irY weight of the building(s) by more th. J%; 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. Therefore, this criterion has been satisfied. 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 floor area increase proposed. Therefore, this criterion does not apply. 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 B 1 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 MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 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 DECEMBER 15, 2009 AND BECOMES EFFECTIVE ON DECEMBER 16, 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. ailAtegtArdA4:s December 15. 2009 APPROVED BY: Darrel"Hap"Watkins DATE Assistant Planner MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 4 • INS 4`.;,,, r cap VICINITY MAP PERCHERON LN I x# W fly imp inn Conestoye Tennis Cowls /� W `(/ wx,att ��� �� MMD2009-00036 111111111 V -"`I---- ] # 10 i- 0 Snap Fitness 24/7 lar %am r L� 111111.11 Cues MS i �7 µe$S 011111111111 '----------"-----......__________,________—..---,-,_,... . •sl.':' # /. ■f t ii4%' V CLEVELAND BA 1 Lt4 r 1 �--'" PIONEER LN� ...--"" Subject Site Englewood Pack IIII TARPAN DR ;t c U' lit� ‹.SC}O ll5 FERRY RD.- T y.%.y. 41 0? ll,LL S. O onl � F t_.- T_ H p TI• d, rl ' ell.::::::: .. . ., ,_._ ,) ME .11' IT] 2 ,„,...„,!:.....vi . mo II* ti Illiakim •-..___ ...t [-----i . 41'isiii a MAI IMO r Ow* .....,- ri Mini arias* 0.41144:741.14.41rA cf.°P-- L MIJ � J �-rf � i \, ' k.c9ca. al t(:\ a Anir 06„er, in ,, -_— iki – .7",, -\\>\,,,,:-;') .> = v.., 0 _f_....) , r p _ 0,9, MI i j <1-C(//6” t5) Is—) °OC� t Information on this map is for general location only and should be verified with the Development _ Services Division. �CNt =, �� 0 1 I Scale 1:4,904-1 in=409 fl •___ — L �A Map printed at 14-Dec-09 03:51 PM �ma �i�� W DATA IS DERIVED FROM MIA.TIPLE SOURCES.THE CITY OF TIWRD �� MANES NO WARRANTY.REPRESENTATION OR GUARANTEE AS TO THE �� *at �= ANION DR JrI CONTENT.ACCURACY.HEREIN.THE OR COMPLETENESS SHALL NAY OF THE Q DATA PROVIDED HEREM.THE CRV OF iIGARD SHALL ASSUME NO �����l� MANOiNITA ST UABlila 0.11•∎ RROR3.OMISSIONS.ORINACCURACIESWTHE 110 Om ��„�� _ 1="! INFORMATION PROVIDED REGARDLESS OF HOW CAUSED.-- ��1� �. mo leirov�� —�r City of Tigard ���� �� �� _MANZANITA_ --_ DD S 13125 SW Hall Blvd �� �`- NI �� �` ari 10 MAP 5036394171 •IIII ...o...-..., r t. �� �r MIND w 1) ,Ill 1•• _ www.ttgard-or.gov ;fIGAILD �1 5111!.Fr,etc:,N L.f1UlN �� ' 1 11 / I I OM CITY OF TIGARD Approved .( Y I '•,ndiiionally Approved t I F :r only the work s described in: 9MIT NO.MwIP.2 /4-MD See Letter to: Follow I 1 Attach ..,../17,_ _ _ ( 1 ,: a d ar 9S: !till'', 4i a, tZ __,..._ Date: .11,0 lni.._,_ _ _- - SCALE op9Ap , • • oc La Z M-M FT Z L� L7 W— v. i 3 r O to O FERgY ROAD " ( 1- °3 0 OLLS --- ir., 0 z,.., ,,,_.. CL g a - -- VICINITY IMP ..-----.- LEGEND EXISTING FEATURES Z —- — — N — — wlwa Law z_ 44 IFIr c 11111 5V cc �ii� ▪ TI• I.0 • mown.comm.wAK V ii AN o t a. 1 C k CSYE c c c a i 77 \ _ 3 c c q1 gi c gg ` _. DISCLAIMER: \ 8 C , c THIS DRAWING HAS BEEN DERIVED FROM MULTIPLE PUBIC 0115 DATABASES o t o C C c C / c AND ASBUILT DOCIANENATI0N AS PROVIDED BY THE CIEN.AS SUCH THIS A DRAWING SHOULD NOi BE INTERPRETED AS A SURVEY.AN BOUNDARY,SITE A y C F FEATURE OR UTILITY SHOWN HEREON IS SHOWN FOR REFERENCE ONLY AND a c HAS NOT BEEN PROFESSIONALLY DELINEATED. USE OF ANY INFORMATION r s / \ FROM THIS PLAN IS AT USERS OWN RISK AND EMERIO OMISSIONS DESIGN,FOUND SMALL NOT 0 ; C I SE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FOUND HEREON. NO ^\� STALL CALCULATION NOTES: :gam.I V 1.THE SIX NET EY PINING NAH HERONS IN MAT RANK T INCLUDED 1 i r, Y AWING SIX NET S1All5 ON INK WESTERN EfWOEKfO ERNE THE GUNK •S�,`I/I i 10" T REQUESTED SI E 1'WISE STALLS WHICH M!NOT USAELL.THIS WAS EEVISED a v7 3 p TOES'WIDE STALLS AND AI RAKE OFD TOLLS. NI *T I Hi4w 1 2 THE MIDDLE EEWORItED LAN/.WILL ADD TOUR NET SlAllt. R t le ....A......... . 1 THE NET GAIN NLOM TINS ILA VERSUS ME ANT 1009 HA 5l STALLS, RI -J 3 i 4e i �PtO�,�l"f�; 1 i YfU I 1S134BC00300 I FW OR-GREENWAY TOWN CENTER LLC PO BOX 790830 SAN ANTONIO,TX 78279 4//1/g1- Opihni MAILING RECORDS AFFIDAVIT OF MAILING rir I,Timothy Lehrbach, 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: {Ord,Appopnate fbx(,)Mow) © NOTICE OF DECISION FOR MMD2009-00036/SNAP FITNESS 24/7 (File No✓Name Reference) AMENDED NOTICE City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on December 15,2009,and deposited in the United States Mail on December 15,2009,postage prepaid. 41 / 015/446Arl etson that Prepared Notice) STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the / day of WeEi-1 V°L k — ,2009. .:- OFFICIAL SEAL SHIRLEY L TREAT NOTARY PUBLIC-CREOON EXPIRES PR NS 2 + . A MY COMMISSION EXPIRES APRIL 25,2011 p1.(�( N ARY PUB C OF OREGON My Commission Expires: 11/mil NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2009-00036 1111: . CHANGE OF USE SNAP FITNESS 24/7 TIGARD 120 DAYS = 04/13/10 SECTION I. APPLICATION SUMMARY FILE NAME: Change of Use Snap Fitness 24/7 CASE NO.: Minor Modification (MMD) MMD2009-00036 PROPOSAL: Applicant roposes a change of use of a 2295 sq. ft. tenant space from general retail to indoor entertainment. The applicant proposes re-striping a portion of the parking lot to add two spaces required for the change. No other changes are proposed. APPLICANT: Regency Centers OWNER: FW-OR-Greenway Town Center 5335 SW Meadows Rd. #295 1 Independent Dr. Suite 114 Lake Oswego, OR 97035 Jacksonville, FL 32202 LOCATION: 12264 SW Scholls Ferry Rd.;WCTM 1S134BC,Tax Lot 00300. ZONING DESIGNATION: C-G: General Commercial District (PD). 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, 18.745 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. MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 1 CONDITIONS OF APPROVAL, PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Applicant shall apply for permitting of signs by separate application and review. 2. Applicant shall request final inspection approval by the Planning Division prior to occupancy. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject project is located at 12264 SW Scholls Ferry Road, WCTM 1S134BC, Tax Lot 00300. The request is to change the use of a 2295 sq. ft. tenant space from general retail to indoor entertainment. The development, Greenway Town Center, was determined to be non-conforming regarding required parking, but has not appeared to be insufficient. Each change in occupancy that requires additional parking must provide that number of spaces by re-striping existing spaces to compact spaces up to a maximum of 50% of the total on the site. This proposal provides for the two spaces required. Proposal Description: The request is to change the use of a 2295 sq. ft. tenant space from general retail to indoor entertainment. The required two new parking spaces will be created by re-striping 18 existing spaces to 22 compact spaces. No new surfaced area will be created. The two extra parking spaces are part of MM2009-00016 and correct the parking count. 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 is to provide 2 additional parking spaces and will be achieved by re-striping 18 spaces that are standard and larger to create 22 compact parking spaces. The non-conforming parking for the Gateway Town Center has resulted in no net loss in parking through this project. Therefore, this criterion has been satisfied. 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. MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 2 5. An increase in tl. .eight of the building(s) by more than 20%; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off- site traffic would be affected. Therefore, this criterion does not apply. 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. Therefore, this criterion has been satisfied. 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 floor area increase proposed. Therefore,this criterion does not apply. 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 B 1 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 MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 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 DECEMBER 15, 2009 AND BECOMES EFFECTIVE ON DECEMBER 16, 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)4404( ,n December 15,2009 APPROVED BY: D/ el"Hap"Watkins DATE Assistant Planner MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 4 _ I_ I I %' VICINITY MAP•PERCHERON ill ( 1 1 ' 11111 (;unestogs Tennis Courts ,,,,,,1„.11 ' t MI I 0 w � MMD2009 00036 gli. MI -II �fjf r,��a. �'-- � L'-' ? 0l !err Snap Fitness 24/7 VI 1 Conestoga MS : ''''' MI ece,-.1, ..K* , , , ES Illi __al_ 4,4 __' iii--c • ' BAY LN. f=~ LEVELAND __- ___-MI in PIONEER LN` • 0.111111, I = _ ® Subject Site wi _ J - to yloLVyVJ P.r�-1ARPAN DRZ P Y RD ' ij' j` 1.� - J �� SGHOLLS FERRY .. ..�� y r� `' Q X10 0 swim 4 1 0 pi 1 Q F. rte Y ,,, a L f� V Ili =I� � 4 •� I� _,,.r,, MIN Haas r j,� ,�� Z (I T r-7 ems( uIu�_ let oo _ c Li lip, 4.710, 4or Ai, ME _... & 4(0*S> - Ci)' ..___ 44,F - r- 0 _ �� Lr--- , t � �� only and should ld this map d for general Development y C4 only and should be icefied sio the Development -1^P �� J ca Services Division. �� ���� Scale 1:4,904-1 in=409 ft •� I r r l 1111 ,11111:_ t_ W Map printed at 14 DeoU9 03 51 PM itio �— - I II DATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF n% • oil ANTON DR r J r MN(ES NO WARRANTY REPRESENTATION ec-0903:51 TM AS TO THE �� 1111111 ^ J I CONTENT.ACCURACY.TMRDTSENORCOMPLETENESSOFANY l'THE ��,��� a_," DATA PROVIDED HEREIN THE CITY Of TIGARD SHALL ASSUME NO — ST LIABILITY FOR ANY ERRORS.OMISSIONS.OR INACCUMCIES IN THE ���A�' INFORAUTION PROVIDED REGARDLESS OF HOW CAUSED Oa� �� .h•ievap -- �� I I • City Of7lgard �- �� � � 4t1TTi ' 4 �M 131825 SW Hall Blvd� � 1 � � T 503 639417123 i �' ��� �r al' vYww.tgard-0r.gw--, - 7 SummeRke Park iiiiiiiild CITY OF TIGARD Approved t ✓I ^.inditlonally Approved For only the work�s ddsc QO!?Fn P ZRMIT NO.MN D See Letter to: Follow 1 Attach Jcb Addr l f4i. J A.sy ._.i__ woo, Ky PT, - Date: It11V _,.- __ '- SCALE / N -� Z 0 99A I N.20 R W 0 Z U '' U- w Cg Zoe ''' 30Wa3a OLLS FERRY ROAD-�_ SCH --- rIIIIIIIIFI I-�O� Q W�–— ,wn.Iw r� r� w l7 _ -- VICINITY MAP _- - LEGEND-EXISTING FEATURES Z - — D_—-lo—s— Vow mr ow ' —r—r— V F. wOuwacus ROW-- a Mc mi. C ® ` �▪. vswaa W C R.r�� C h m _ CC C ��• C ▪ .9• x rnu.a c a C C C 7 c c - u c o ..uE C C C an ` *g. c • 01.C., g 8 n.c � C C c^� C �S _ cr q4' DISCLAIMER: s y` c c �y c $ -, yI THIS DRAWING HAS BEEN DERIVED FROM MULTIPLE PUBLIC GIS DATABASES p I • ±IY C C C�\ , c \C AND ASSURE DOCUMENTATION AS PROVIDED BY THE Cl1ENT.AS SUCH THIS a P 4111111%; i \` DRAWING SHOULD NOT BE INTERPRETED AS A SURVEY.ANY BOUNDARY.SITE g C FEATURE BEEN PROFESSIONALLY SHOWN N A LY DEL N IS SHOWN FOR OF ANY INFORMATION ONLY AND . C HAS N07 BEEN PROFf5510NAllY DELINEATED. USE OF ANY INFORMATION FROM THIS PLAN IS AT USERS OWN RISK MID EMERIO DESIGN,LLC SHALL NOT ® A. ` BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FOUND HEREON. e§•N NO .....",,,,.... • »an°n STALL CALCULATION NOTES: 4„t•I I THE PREVIOUSLY STRIPING PLAN APPROVED IN AMY 2009 INCLUDED `og•1 ADDING SD NET STALLS nU THE WESTERN Alf NOT USABLE RANK WAS CLIEM j. „S Ile TAOT S WIDE ST WIDE AND WHICH ARE LIST USANE TIKS LAS RMSES s ii TD2N SIR NET STALLS LS ON NET WESOF.ISVOR N2"- 4 2 THE MIDDLE REWORKED uNR WILL ADO FOUR NET STALLS a Ile I J THE NET GAIN U N FROM THIS PLAN VERSUS THE PAST 2009 PUN 2 STALLS m J E Ille rIgPrr°f -r OVVr 11011111 Mt V FW OR GREENWAY TOWN CENIF.. IC MMD2009-000,0 PO BOX 790830 SNAP FITNESS 24/7 EXHIBIT SAN ANTONIO,TX 78279 FW-OR-Greenway Town Center 1 Independent Dr.Suite 114 Jacksonville,FL 32202 Regency Centers 5335 SW Meadows Rd.#295 Lake Oswego,OR 97035 RECEIVED DEC 1 1 2009 Er City o f Tigard CITY OF TIGARD Minor Modification — Type I Aritftiffift6INERING TIG RD GENERAL INFORMATION In addition, the Director must find that the proposed az change is in compliance with all applicable requirements of Property Address/Location(s): Title 18 of the Tigard Development Code. To complete 5 W s c.k o I I s F{rry R , T��4✓d 0 this review, the Applicant's proposal must include a Tax Map&Tax Lot#(s): 97 3 discussion indicating how the site expansion/change will IS ( ARC C '60 300 continue to comply with the maximum setback, building Site Size: 7 • (Q C./ a c j e_s height, parking, and landscaping standards. Other ,-quirements of this tide such as clear vision, solid waste Applicant*: HA)"D: • I' - t, • a _ s ge, non-conforming situations, signs, and tree Address: ��O/`ee "-3 (ti )WS,oval may also be applicable depending on the type and City/State:�. a Q p al e� ti� ip: if in 3_s— location of the proposed modifications. Primary Contact:/lei r;e)r FiCnr9t°I Spy Phone:503 •403•ginaFax: .5.6 3 (o a24• 33(p E-Mail: $41h e n CQP t caN no Ale n c ('e ii 4 'C 6 u Property Owner/Deed Holder(s)*: cJ REQUIRED SUBMITTAL ELEMENTS (Attacy list if more than one) Fw Dick-C�, wo 4 To viro e.en, -Lx LL (Applications will not be accepted without the l� `~'V{ following required submittal elements) Address: Phone: City/State: Zip: [Application Form ❑ Owner's Signatutc/Written Authorization * When the owner and the applicant are different people, the E]' Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in ❑ Site Plan(4 Large Plans&One-Reduced to 8'/s"x 11") possession with written authorization from the owner or an Applicant's Statement/Narrative(4 copies) El agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a Y Filing Fee $579.00 written authorization with this application. Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion or change does not invoke one or more of the criteria discussed within Section 18.360.050(B) - Site Development FOR STAFF USE ONLY Review or Section 18.330.020(B)(2)-Conditional Use. If the M au-oil-00010 modification exceeds the maximum allowed under any one or Case No.(s): more of the criteria, a Major Modification review is required. Major Modifications are processed in the same manner as a Other Case No.(s): new Site Development Review or Conditional Use Permit. ���£ Receipt No.: Applicant's Statement: Date: C a' l 0 9 The applicant's statement must include a summary of the S �-r proposed changes. Criteria in either 18.360.050(B) or Application ate Determined Accepted By: 18.330.020(B)(2) must be addressed with a detailed response Date Determined Complete: to each criterion. Failure to provide the information needed Reused: 16-Oct-09 to process the application would be reason to consider an \ �\maters\land use applications\minor modificat,ou app.docx application incomplete and delay review of the proposal. City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 2 To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as II described on the front of this application in the"Required Submittal Elements"box. (Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.) THE APPLICANT(S)SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All of the above statements and the statements in the site plan,attachments,and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued,based on this application,and may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this /v -- day of f )er&,434---6e1e ,20 O 7 • • is : ature s s-f- Owner's Signature �r ax._or,_ 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 1111 CITY OF TIGARD RECEIPT Y !s . 13125 SW Hall Blvd..Tigard OR 97223 503.639.4171 TIGARI7 Receipt Number: 176282 - 12/11/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2009-00036 Minor Modification to an Approved Plan 1003100-43116 $504.00 MMD2009-00036 Minor Modification to an Approved Plan- 1003100-43117 $75.00 LRP Total: $579.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 00001902 STREAT 12/11/2009 $579.00 Payor: FW-OR Greenway Town Center LLC Total Payments: $579 00 Balance Due: $0.00 Page 1 of 1 ington County,Oregon 2005-134926 2005 11:13:09 AM Cud Striae K BARNETT //0Il1/4 Pr■k-e If/P/ $25.00$6.00$11.00$17,576.00•Total•517.618.00 \ 41(i IlII IIH II I huRl IlIllIIhII II I 00857648200501349280050050 I,Jerry Hanson,Director of Asseument and Taxation a: U.S. Retail Partners, /4,1;j.".„.,' rry LLC, Grantor end Ex-Officio County Clerk for Washington County, Oregon,do hereby certify that the within Instrument of Y '' FW OR-Greenway Town Center,LLC, Grantee writing was received and corded In the book of I }' ` e records of said county. 14.�1Ar Jerry R.Hanson,Director invent and Taxation, , d+t Es-Of iclo County Clerk Until a change is requested,all After recording,return to: tax statements shall be sent to the following address: Return to: FW OR-Greenway Town Center,LLC LandAmerica Financial Group,Inc. Attn: Denny White 05-001134 121 West Forsyth Street, Suite 200 1015 15a Street,N.W.,Suite 300 Jacksonville, FL 32202 Washington,D.C.20005 r_= c. WARRANTY DEED—STATUTORY FORM U.S. RETAIL PARTNERS, LLC, a Delaware limited liability company, Grantor, conveys and warrants to FW OR-GREENWAY TOWN CENTER, LLC, a Delaware limited liability company, Grantee, the real property described on Exhibit A, free of encumbrances, except as specifically set forth on Schedule 1, attached hereto and by reference incorporated herein: The true consideration for this conveyance is Seventeen Million Five Hundred Seventy- Five Thousand Five Hundred Ten and No/100 Dollars($17,575,510.00). THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. WASHINGTON COUNTY s.. DATED this / day of Jo itJ 2.,2005. REAL PROPERTY TRANSFER TAX $ 17,575,00 10-213-05 "n " FEE PAID DATE Remainder of Page left blank intentionally Page 1 -WARRANTY DEED—STATUTORY FORM J 004.481665.1 I1IuI1II III 1 IlIP 2003-134926 GRANTOR: U.S.RETAIL PARTNERS,LLC,a Delaware limited liability company By: U.S. Retail Partners Holding,LLC,a Delaware limited liability company, its sole member By: Macquarie CountryWide-Regency II,LLC,a Delaware limited liability company,its sole member By: Macquarie-Regency Management,LLC,a Delaware limited liability company,its managing member By: Regency Centers,L.P.,a Delaware limited partnership, its managing member By: Regency Centers Corporation,a Florida corporation, its general partner By: �R. ?6,1LCIAL, Name: Celle R. Pauli Title: Vice Preaida,,t.. ,rporate Administration STATE OF F Log-OA ) COUNTY OF 17 t)v Pct— ) The foregoing nstrument was acknowledged before me this 101(1-4k- day of 1/Vt,A— , 2005, by C @tff 1 - P 14t.3Llc ,the V1c-E PQt3I 06A-)T of 'regency Centers Corporation, a Florida corporation, the general partner of Regency Centers, L.P., a Delaware limited partnership, managing member of Macquarie-Regency Management, LLC, a Delaware limited liability company, the managing member of Macquarie CountryWide-Regency II, LLC, a Delaware limited liability company, as sole member of U.S. Retail Partners Holding, LLC, a Delaware limited liability company, the sole member of U.S. RETAIL PARTNERS, LLC, a Delaware limited liability company,on behalf of said limited liability company. Such person: (notary must check applicable box) H is personally known to me L IC 01.1-S ._ produced a current FL �'IU£f1� as identification. ❑ produced as identification. 7.,,,Nrl {Notary Seal must be affixed) Signa of NovtiO; r '„ MELODY NV BROWN 1 Name of Notary(Typed,Printed or Stamped) • r MY COMMISSION M DO 389680 Commission Number(if not legible on seal): 7- = EXPIRES.January 26,2069 My Commission Expires(if not legible on seal): ,," Babed 71ru Nova Pm*urKwwmNs SIGNATURE PAGE TO WARRANTY DEED Page 2-WARRANTY DEED—STATUTORY FORM .1 004.481665.1 I1I ,I '''I I II III►I I I I II IIi 2005- EXHIBIT A Legal Description 004.481665.1 IIII IIIli 1111 it . 2005-134926 EXHIBIT "A" Part of the Northwest one-quarter of Section 34, Township 1 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 the point of intersection of the North right of way line of Springwood Drive, extended, and the East right of way line of S.W. 122nd Avenue (now vacated), said point lying North 89°54'50" East 1,077.94 feet and North 0°05'42" West 635.10 feet from the West one-quarter corner of said Section 34; thence North 89°52'27" East 4 feet; thence North 0°05'45" West parallel with the West right of way of said avenue, 150 feet to a point; thence South 89°52'27"West parallel to the center line of Springwood Drive, 44 feet to a point on the West right of way of said avenue (now vacated); thence North 0°05'45" West 180 feet along said right of way to a point; thence North 89°52'27" East 20 feet parallel to the center line of Springwood Drive to a point on the center line of said avenue (now vacated); thence North 0°05'45" West 276 feet on and along said center line to a point on the South right of way of Scholls Ferry Road, being 50 feet from center line thereof; thence South 84°2218"West on and along said South right of way of Scholls Ferry Road, 577.71 feet to an iron rod; thence South 0°05'45" East 550.61 feet to an iron rod on the North right of way line of Springwood Drive, being 25 feet from center line thereof; thence North 89°52'27" East on and along said North right of way line 595.02 feet to the point of beginning. TOGETHER WITH those certain easement rights as set forth in the Declaration of Restrictions and Grant of Easements, dated May 11, 1979 and recorded June 22, 1979, under Recorder's Fee No. 79 24332, Washington County Records, as modified by the Addendum thereto, recorded March 28, 1980, under Recorder's Fee No. 80010910 of said records. 05-001134(Greenway Town Center) I Jill Ill 2005-134926 SCHEDULE 1 All restrictions, reservations, covenants, conditions,declarations,easements and rights of way of record and all other matters of record affecting the Property. regellefircenters TO: City of Tigard, Oregon Community Development 13125 SW Hall Blvd Tigard OR 97223 Attn: Hap Watkins FROM: Marjorie Henderson Assistant Property Manager Greenway Town Center Regency Centers DATE: December 10, 2009 y/7 SUBJECT: Parking Lot Striping Revisions Regency Centers is the owner of Greenway Town Center at 12150 — 12288 SW Scholls Ferry Rd, Tigard, Oregon. We are in the process of re-leasing space number 12264 in our center. We are planning to change the use from a 2295 square foot pet store to a 2295 square foot fitness / exercise facility. Our leasing agent was told by city planning department that because of this "use" change, we need to add two (2) more parking spaces to our latest parking lot plan. I contacted Neil Fernando, PE at Emerio Design to redraw the parking spaces. He took our present parking lot plan (MMD 2009-00016 effective 5/13/2009) and intends, upon City's approval, to re-stripe eighteen (18) existing 9.3' ' stalls as Twenty-two (22) compact 7.5' parking stall. Along with this request for approval to add the two (2) parking spaces, I am including for your use: 1. Existing parking lot drawing 2. New park lot plan 3. Minor Modification — Type 1 Application 4. Warranty Deed showing current ownership 5. Check No.1902 in the amount of $579.00 to cover the cost of filing fee. If you have any questions, please feel free to call me at 503.603.4700. Thank you. 5335 SW MEADOWS RD., SUITE 295 . LAKE OSWEGO, OR 97035 . 503.603.4700 . 800.465.4558 . FAX: 503.624.0336 . REGENCYCENTERS.COM — - 2 — — SCALE _ — — 20 D 10 20 40 Z w _ _ - � - a ■ ■ - i m Z - • • • / - a M O it I IN=20 FT Z 0 0 w SCH_OLLS F-E---R---R Y R - - 3 0 Q0 '- I� - }L - '- W t 0_ _ - UI V I- all I IIIII I <snEe — - VICINITY MAP — _ --- - — — _ --- - — LEGEND-EXISTING FEATURES Z _ _ -- - - — - —99— — MINOR CONTOUR - -100- - MAJOR CONTOUR -%SS-%SS- SANITARY SEWER UNE -NM-%SD- STORM DRAIN UNE r^ -XG-%G- GAS UNE V -%W-XVI- WATER UNE Z ,_,.. ,2 (,, ,, :.,. PP" r-- —%0H-%OH- OVERHEAD UTIUIIES UNE XUDL UNDERGROUND UTILITIES LINE XCOM COMMUNICATIONS UNE C -%E-%E- ELECTRC UNE 1- ® GAS METER/SERVICE N GAS VALVE 1114 ��&•%,11 C h w TER e 0 T y C WATER VALVE UJ C ,��� l WAERMETER HYDRANT C ` ' I- � ® WATER METER/SERVICE la IRRIGATION SPRINKLER HEAD C `♦ 2�I C / IRRIGATION CONTROL VALVE _ C FIRE DEPARTMENT CONNECTION c Q IL v) O AIR RELEASE a OW C C C C H U v C CULVERT 0 CFI h g: -.I h� Q II to cc �! S),` STORM DRAIN MANHOLE 2 ul(41 v C C Y 2 8 U V SANIITTARY SEWER MANHOLE Zq N BASIN U-) II C C Obi a a C • CLEAN CUT F In�2 H o C k,n Q , C vi § a vi 41111141111°�6 / C C Wes_ z _ H O_ w Si-Q C C �' G7 Y N W ^Q v, aaY Wa K J `S W DISCLAIMER: U Y L`I N W a� C C 2 y c w c C THIS DRAWING HAS BEEN DERIVED FROM MULTIPLE PUBLIC GIS DATABASES o z.z c C C \ AND ASBUILT DOCUMENTATION AS PROVIDED BY THE CLIENT. AS SUCH THIS C DRAWING SHOULD NOT BE INTERPRETED AS A SURVEY. ANY BOUNDARY,SITE s 0° ' C FEATURE OR UTILITY SHOWN HEREON IS SHOWN FOR REFERENCE ONLY AND C HAS NOT BEEN PROFESSIONALLY DELINEATED. USE OF ANY INFORMATION > FROM THIS PLAN IS AT USERS OWN RISK AND EMERIO DESIGN,LLC SHALL NOT a __ C BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FOUND HEREON. ® W m 0 C t o N OI - N�mm 9 STALL CALCULATION NOTES: ���" mwXlm / 1. THE PREVIOUSLY STRIPING PLAN APPROVED IN MAY 2009 INCLUDED I ¢Z 2,S E 41101.11" ADDING SIX NET STALLS ON THE WESTERN REWORKED BANK. THE CUENT j REQUESTED 6.6'WIDE STALLS WHICH ARE NOT USABLE. THIS WAS REVISED TO 7.5'WIDE STALLS AND A NET GAIN OF 4 STALLS. h a n 4 x 1 ��y w 2. THE MIDDLE REWORKED BANK WILL ADD FOUR NET STALLS. W'1 n o m c 3. THE NET GAIN FROM THIS PLAN VERSUS THE MAY 2009 PLAN IS 2 STALLS. m 0 U CITY OF TIGARD Approved randitionally Approved E---:--'- le \������������j i For only the work as described in: _co y PERMIT NO.�Q� - (o See Letter to: Follow s r\�\B [ SBLTT / ,r�rrl \�®,\ Attach. _._-•-- .[ . pr Job Addr s: .. . -- -• 7 1 /\ �1 \ \ \ Date: � � / i a