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VAR2013-00007
VAR2O13 - 00007 NIMBUS CENTER PARKING ADJUSTMENT NOTICE OF TYPE II DECISION • ADJUSTMENT (VAR) 2013-00002 C NIMBUS CENTER PARKING ADJUSTMENT T I G A R D 120 DAYS = 11/26/2013 SECTION I. APPLICATION SUMMARY FILE NAME: NIMBUS CENTER PARKING ADJUSTMENT CASE NO.: Variance (VAR) VAR2013-00007 PROPOSAL: The applicant has requested a twenty percent (20%) parking reduction to the minimum parking requirements for existing and future businesses located at the Nimbus Center (corner of Scholls Ferry Road and Nimbus Avenue). OWNER: Constance A. Robinson APPLICANT: Nimbus Center Associates,LLC 12000 SW View Crest Ct. Killian Pacific LLC Tigard, OR 97224 500 E Broadway, Suite 110 Vancouver,WA 95993 LOCATION: 10115 SW Nimbus Avenue,WCTM 1S134AA,Tax Lots 1900 ZONE: MUE-1 and MUE-2: Mixed Use Employment Districts. The MUE-1 and 2 zoning district is designed to apply to areas where employment uses such as office, research and development, and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are permitted which are compatible with the employment character of the area. Lincoln Center is an example of an area designated MUE-1,the high density mixed use employment district. APPLICABLE Community Development Code Section 18.370.020.C.6.c. APPROVAL CRITERIA: SECTION II. DECISION Notice is hereby given that the Cite of Tigard Community Development Director's designee has APPROVED the above request for a 20% parking reduction to the minimum parking requirements for current and future uses within the existing Nimbus Center development. The findings and conclusions on which the decision is based are noted in Section V. \':\R2u13-(NRN)7/NINIBUSCI.Nl I R PARKING ADJUSTMENT PAGE I OF 5 SECTION III. BACKGROUND INFORMATION Site &Vicinity Information: The 2.42 acre site is located on the south side of SW Nimbus Avenue at the intersection of SW Scholls Ferry Road. Nimbus Center is a 26,279 square foot multi-tenant shopping center with a mix of retail, restaurants, medical offices, and personal services. The site is zoned WE-2 (Mixed Use Employment 2) and located in the Washington Square Regional Center,as are properties to the east across Nimbus Avenue. Fanno Creek and residential uses can be found south of the site. Zoning is a mix of low and medium density residential (R-4.5 and R-12). The City of Beaverton is north of the site across Scholls Ferry Road, which is the boundary between the two cities. Site History Nimbus Center was approved as part of the Koll Business Center (ZC 23-78, ZC 26-78, CU 33-78, and SDR 8-80);however, construction did not materialize on this site. Koll Business Center is the collection of buildings lying north of Nimbus Avenue. At the Nimbus Center, the main building on the southern portion of the site was approved in 1985 (SDR 2-85) and the Burger King restaurant in 1986 (SDR5-86). A Minor Modification to add a drive-through facility for a bank was approved in 2005 (MMD2005-00006). This minor modification eliminated three parking spaces; however the minimum parking requirement was not addressed within that decision. Zoning at the time of original approval was 1-P (Industrial Park), which limited the square footage in the center to the following uses: personal services, day care, eating and drinking establishments, and retail sales. The zoning was changed to 1VIUE-2 with the adoption of the Washington Square Special Planning Area. Size restrictions for uses have been eliminated or increased with the new zoning. No other land use cases were found in a search of city records. Over the last year approximately 6,600 square feet of space has not been leased because city minimum parking requirements could not be met for interested uses. This has been an issue at several multi-tenant developments throughout the city. To address the issue,the applicant requested a code amendment in early 2013 (DCA2013-00001) to lower the minimum parking requirements for certain uses (sales-oriented retail, eating and drinking establishments, and drive through banks). That request was approved on May 14, 2013 as amended by City Council (Ordinance 13-07) Proposal Description The applicant is now requesting a site specific adjustment for a 20% reduction to minimum parking requirements for current and future uses at the Nimbus Center based on their current parking demand. The applicant is currently turning away prospective tenants because of the minimum parking requirements. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. Staff received no comments from those notified. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS A. MINIMUM PARKING ADJUSMENT Section 18.3070.020.C.6 states that the director may authorize up to a 20% reduction in the total minimum vehicle parking spaces required in Section 18.765.070.H when an applicant for a development permit can demonstrate in a parking study prepared by a traffic consultant or in parking data from comparable sites that: i. Use of transit, demand management programs, and/or special characteristics of the customer, client employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to standards Institute of Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking requirements; and \'AR2013-(XXX)7/NIMBUS CENTER PARKING ADJUSTMENT PAGE 2 OF 5 The applicant has submitted a parking study prepared by Kittleson & Associates that demonstrates that special characteristics of the customer, client, and employee population have a reduced parking demand at this development. The applicant's study states that the Nimbus Center has 93 parking spaces. Therefore, the mix of tenants can require no more than 93 spaces for 26,279 square feet of occupied space (functionally 3.53 per 1,000 square feet). The parking demand study was completed by a traffic engineer based upon recent parking counts at the site for the current mix of tenants. The engineer calculates a peak parking demand of 3.3 spaces per 1,000 square feet of building. With the proposed reduction, the site could meet a parking demand for 3.53 spaces per 1,000 of building with a fully occupied building (26,279 square feet) with a mix of uses similar to existing tenants. Therefore, the applicant has shown the parking demand for the existing development is less than the minimum number of spaces required by the city based on Table 18.765.2. ii. A reduction in parking will not have an adverse impact on adjacent uses. Information submitted by the applicant, including a parking demand study, concludes that parking demand can be accommodated on-site and will not adversely impact adjacent streets or neighboring uses. In addition to parking demand, there are site specific characteristics that lessen the likelihood of off-site impacts. Transit is available along Scholls Ferry Road with a bus stop adjacent to the center. The site is a corner lot which abuts Fanno Creek, wetlands and a public park. No parking is permitted on the adjacent streets. Parking provided for adjacent commercial uses is found across Nimbus Avenue or on Scholls Ferry Road. The nearest public residential street is south of the site, across Fanno Creek; about a quarter mile walking distance from the center businesses. Upon review of the proposal, the Tigard Senior Transportation Planner and Transportation Engineer recommended imposing conditions to ensure parking will be accommodated on-site to limit off-site impacts (see Staff&Agency Comments section below). These conditions cannot be justified based on the approval criteria and cannot be imposed. However, that does not mean the property owner and tenants do not need to be concerned with off-site parking by customers and employees. The applicant should be aware that section 18.230.060 — Abatement of Violations - states any development which occurs contrary to any approval issued or granted under this title is unlawful and may be abated by appropriate proceedings. FINDING: Based on the information provided, the requested 20% reduction to minimum parking requirements at the existing Nimbus Center meets parking demand for a typical use mix found in the existing development and will not have an adverse impact on adjacent uses. The approval criteria have been satisfied. B. IMPACT STUDY Section 18.390.040.B.2.e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. The applicant has provided a study that shows the proposed minimum parking reduction will not impact parks, sewer systems, water system, transportation system, or create excessive noise. As shown above, adequate parking will be provided on-site. Therefore, vehicles will not stack in the adjacent streets while waiting for arking spaces to become available. In addition, the access drive to Nimbus Center is approximately 200 feet from the intersection with Scholls Ferry Road; therefore not impacting traffic flow at that intersection. VAR_xl13-u x 07/NIMBUS CENTER PARKING ADJUSTMENT PAGE 3 OF 5 SECTION VI. OTHER STAFF &AGENCY COMMENTS A request for comments was sent to Tigard Public Works Department, City of Beaverton, Washington County,and Tualatin Valley Fire and Rescue. The following comments were received: Judith Gray, Tigard Senior Transportation Planner reviewed the proposal and the parking analysis prepared by Kittleson & Associates. She commented that the information and findings in the report are sufficient to support approval of the reduction. Even if fully leased with a similar mix of tenants, peak parking demand could be accommodated onsite. However, the conditions will be sensitive to specific tenants. Some businesses of the same use category could be busier than others,but this is a variable beyond the City's control. Peak period also appears to be during weekday lunch hours; during most other hours parking would be more than adequate. The main concerns of safety or congestion at the vehicle access and spillover parking impacting nearby streets or properties are not significant concerns based on the site location and design. Although Ms. Gray stated that the reduction could be approved without negatively impacting neighboring properties based on the information provided, she recommended the following requirements/strategies to mitigate any potential off-site impacts: 1) state that the property owner and tenants shall seek to accommodate all parking demand on-site, 2) if it cannot be accommodated on-site, then a parking management plan must be developed that includes a written agreement with neighboring properties for shared parking,transit passes,or promote shared or non-auto travel for employees. Mike McCarthy, Tigard Transportation Engineer, noted that based on an observation and aerial photographs parking is at a premium in this center even with the current mix of tenants and vacancies. Parking may spill over to nearby developments or streets. If approved,the recommended conditions should include that employees are not required to park off-site unless shared parking agreements are in place and that the adjustment may be rescinded if problems develop due to inadequate on-site parking. These problems could include queue spillback onto public streets, business related parking in residential neighborhoods,or unauthorized on nearby properties. Naomi Vogel, Washington County Associate Planner stated that any work within Scholls Ferry Road requires a permit from Washington County as it is a county facility. The applicant has not proposed any street work with this application. John Wolff,Deputy Fire Marshal,has reviewed the proposal and has no objections. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON OCTOBER 10,2013 AND BECOMES EFFECTIVE ON OCTOBER 11,2013 UNLESS AN APPEAL IS FILED. Areal: The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. V AR2n11-i N N K)7/NIMBUS CENTER PARKING ADJUSTMENT PAGE 4 OF 5 Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON OCTOBER 10,2013. I Questions: If you have any uestions,please call the Cheryl Gaines with the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon at (503) 718-2437. C - September 25.2012 PREPARED Y: Cheryl Caines DATE Associate Planner September 25.2012 APPROVE BY: Tom McGuire DATE Asst. Community Development Director \'.iR2 13-INNN17/NIMBUS CENTER PARKING ADJUSTMENT PAGE 5 OF 5 • A 74 ---. CITY OF TIGARD REQUEST FOR COMMENTS I I( A k I) DATE: August 13,2013 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Chgry1 Caines,Associate Planner Phone: (503) 718-2437 Fax: (503) 718-2788 E-Mail: Cherylc @ tgard-or.gov VAR2013-00007 - NIMBUS CENTER PARKING ADJUSTMENT - REQUEST: The applicant is requesting a 20% reduction to the minimum parking requirements for current and future tenants of Nimbus Center. LOCATION: 10115 SW Nimbus Avenue, Washington County Tax Assessor's Map IS134AA, Tax Lot 1900. ZONE: MUE-2: Mixed Use Employment Districts. The MUE- 2 zoning district is designed to apply to areas where employment uses such as office, research and development and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are permitted which are compatible with employment character of the area. The Nimbus area is an example of an area designated MUE-2 requiring moderate densities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370 and 18.390. Attached are the Site Plan, Vicinity Map, and Applicant's Materials. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,WE NEED YOUR COMMENTS BACK BY: WEDNESDAY SEPTEMBER 4, 2013. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. — Please contact of our office. — Please refer to the enclosed letter or email. — Written comments provided below: — IName&Number of Person Commenting CITY OF TIGARD REQUEST FOR COMMENTS NOTIFICATION UST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: y Q 2 ° 13 - 0 000 FILE NAME: NA .A-3 Cep Par t,-1-1 4d' • CITY OFFICES _C.D.ADMINISTRATION/Kenny Asher,CD Director _DEVELOPMENT SERVICES/ /Arborist C.D.ADMINISTRATION/Tom McGuire,Asst.CD Director _BUILDING DIVISION/Mark VanDomelen,Building Official HEARINGS OFFICER(+2 sets) _CITY ADMINISTRATION/Cathy Wheatley,City Recorder POLICE DEPARTMENT/Jim Wolf,Crime Prevention Officer _PLANNING COMMISSION(+12 sets) DEVELOPMENT SERVICES/Planning-Engineering Techs. ,tl PUBLIC WORKS/Brian Rager,Assistant PW Director _ CITY ATTORNEY _ DEVELOPMENT SERVICES/Development Eng. I^_r PUBLIC WORKS/Karts n•Ai ee !•-1 _FILE/REFERENCE(+2 sets) MI hC e....1-4-.1 t T=v1ejr ,12 6✓e LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON* _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager Elizabeth Ruther,Habitat Biologist Melinda Wood(WLUN Form Required) AC.Steven Sparks,Dev.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97 301-1 279 Beaverton,OR 97076 Portland,OR 97231 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM* 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. _ Joanna Mensher,Data Resource Center(ZCA-Adopted) _US ARMY CORPS.OF ENG. Durham,OR 97224 _ Paulette Copperstone,(ZCA-RFC Onry) _OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&cwS Letter Only) _ O.Gerald Uba,Ph.D.,(CPACCNZON) Mara Ulloa(Comp.Plan Amendments&Measure 37) Routing CENWP-OP-G _CITY OF KING CITY* 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY _ OR.DEPT.OF ENERGY(Powedines in Area) _OR.DEPT OF AVIATION(Monopole Tower,) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue — CITY OF LAKE OSWEGO * Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 ,Naomi Vogel-Beattie(General Apps.) Lake Oswego,OR 97034 _Brent Curtis(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Assessment&Taxation(ZcA)MS 9 _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Development Review Coordinator _Doria Maleja.Cartography(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacation.) 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR.PARKS&REC.DEPT. _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1-DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(WCCCA)"911"rMmopoi.Tn.».al Chad Gordon,Assistant DistnOManager (Notify if ODOT R/R-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr.Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner St.NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS, SPECIAL DISTRICTS a AGENCIES _ TUAL.HILLS PARK&REC.DIST.*X TUALATIN VALLEY FIRE&RESCUE• _ TUALATIN VALLEY WATER DISTRICT* _ CLEAN WATER SERVICES* Planning Manager John Wolff,Deputy Fire Marshall Administrative Office Development Services Department 15707 SW Walker Road 11945 SW 70th Ave 1850 SW 170th Avenue David Schweitzer/SWM Program Beaverton,OR 97006 Tigard OR 97223-9196 Beaverton,OR 97006 2550 SW Hillsboro Highway Hillsboro,OR 97123 —PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R, _ TIGARD WATER DISTRICT OREGON ELECTRIC R/R(Burlington Northem/Santa Fe R/R Predecessor) PO BOX 230281 Bruce Carswell,President&General Manager PORTLAND OR 97281-0281 200 Hawthorne Avenue SE,Suite C320 Salem,OR 97301-5294 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer COMMISSION(MACC) Gerald Backhaus Ise.M.p a An.c«xaal (If Project is Wallin%Mile of aTransa Route) 5424 SE McLoughlin Boulevard Fred Christ(Annexations Only) 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 15201 NW Greenbrier Parkway,C-1 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 —PORTLAND GENERAL ELECTRIC —NW NATURAL GAS COMPANY _VERIZON _CENTURYLINK Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. Right-of-Way Manager,OR&SW WI Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 8021 SW Capitol Hill Road Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev (See Map tor Area Cpnlatl) Brian Every(App.E of N..N WNW) 6960 SW Sandburg Street 16550 SW Merio Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). I:\CURPLN\Masters\Request For Comments Notification List.doc (UPDATED:Jul 2,2013) (If you update this roster,also update:I:\CURPLN\Masten\Request For Comments Notification Labels.doc)(This document is password protected.Please see Chris or Doreen if you need updates. Thank you.) 111111 ' CITY OF TIGARD s REQUEST FOR COMMENTS TIGARD DATE: August 13. 2013 TO: John Wolff,Tualatin Valley Fire &Rescue FROM: City of Tigard Planning Division STAFF CONTACT: Cheryl Caines.Associate Planner Phone: (503) 718-2437 Fax: (503) 718-2788 E-Mail: Cherylc @tigard-or.gov VAR2013-00007 -NIMBUS CENTER PARKING ADJUSTMENT- REQUEST: The applicant is requesting a 204 reduction to the minimum parking requirements for current and future tenants of Nimbus Center. LOCATION: 10115 SW Nimbus Avenue, Washington County Tax "'-ssessor's Map 1S134A.\, Tax Lot 1900. ZONE: MUE-2: Mixed Use Employment Districts. The MUE- 2 zoning district is designed to apply to areas where employment uses such as office, research and development and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are permitted which are compatible with employment character of the area. The Nimbus area is an example of an area designated MUE-2 requiring moderate densities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370 and 18.390. Attached are the Site Plan, Vicinity Map, and Applicant's Materials. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,WE NEED YOUR COMMENTS BACK BY: WEDNESDAY SEPTEMBER 4, 2013. You may use the space provided belo'.1 or attach a separate letter to return your comments. If you are unable to respond by the above date,please phone the staff contact noted above with your comments and conftrm your comments in writing as soon as possible. If you have any questions,contact the Tigard Planning Division, 13125 SIX' Hall Boulevard,Tigard, OR 97223. (PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact ofouroffice. Please refer to the enclosed letter or email. Written comments provided below: ""As long as access remains adequate for emergency vehicles then TVF&R has no objections to this proposal. 7UALATIN iN11.LEY FIRE&RESL,UE+1 APPROVED CONDITIONALLY APPROVED____(i APPROVAL OF MEANS is NOT AN APPROVAL OF OMISSIONS OR OVERSIGHTS, N HED LETTER p di go, i _ `L.5.:-.4.1 4Name& Number of Person Commenting: I -irrar m Cheryl Caines From: Naomi Vogel <Naomi_Vogel @co.washington.or.us> Sent: Wednesday, September 04, 2013 2:31 PM To: Cheryl Caines Subject: Nimbus Center Parking VAR2013-00007 Hi Cheryl Please let the applicant know that any work within Scholls Ferry Road will require a permit from Washington County (Operations Division 503.846.7623). Thank you Naomi Vogel, Associate Planner Washington Co. - Dept. of Land Use & Transportation Operations & Maintenance Division 1400 SW Walnut Street, MS 51 Hillsboro, OR 97123 (503) 846-7639 - Direct (503) 846-7620- Fax 1 Cheryl Caines From: Mike McCarthy Sent: Wednesday, September 04, 2013 7:51 AM To: Cheryl Caines Cc: Judith Gray;Tom McGuire; Mike Stone; Kim McMillan Subject: FW: Supplemental Information for Nimbus Center Parking Adjustment, VAR2013-00007 Attachments: Mike McCarthy P E .vcf; 13839 Repl.pdf; Nimbus Center 2008 Aerial.PNG; Nimbus Center 2009 Aerial.PNG; Nimbus Center 2013 Aerial.PNG; Mike McCarthy P E 2.vcf Hi Cheryl, If the proposed parking adjustment is approved, it could be approved with conditions such as: This approval is predicated upon the applicant's parking analysis, which states "the existing parking facilities can accommodate parking demand on-site" and "No off-site parking or queuing impacts are anticipated as a result of the proposed change." The property owner/manager and/or site businesses shall not require employees or others to park off-site unless arrangements have been made to specifically allow this parking in a nearby private lot. This parking adjustment may be rescinded if, in the judgment of the city, problems associated with inadequate on-site parking have developed. This may include issues such as queue spillback onto public streets, business parking in neighborhoods, unauthorized parking on nearby properties, improper parking on-site, and citizen and/or business complaints about parked vehicles, among other indicators. Thanks, Mike Mike McCarthy P.E. 14 City of Tigard " Senior Project Engineer I Streets and Transportation 13125 SW Hall Blvd 1 1G AR D Tigard,OR 97223 (503) 718-2962Direct (503)624-0752Fax mikem gtigard-or,gov From: Mike McCarthy Sent: Tuesday, September 03, 2013 6:37 PM To: Cheryl Caines; Judith Gray Cc: Tom McGuire; Mike Stone; Kim McMillan Subject: RE: Supplemental Information for Nimbus Center Parking Adjustment, VAR2013-00007 Hi Cheryl, As the provision of parking for a site is covered in code section 18.765, which is usually administered by Community Development, I will defer to you and Judith in this case. However, this is my opinion as requested. 1 From anecdotal observation, parking appears to be at a premium in this center, with only a few available spaces even at the current occupancy level during peak parking times. Vehicles are also typically observed parked illegally, such as in front of the dumpster, or in the bank drive-thru. It also bears checking on whether the 'unstriped parking zone' may have originally been a fire lane. It appears this development was designed based on the parking needs for retail uses, not restaurants, in the main building. It is pertinent to note that the Google aerial photo used in the applicant's report shows a higher parking utilization than counted in any hour of the applicant's study. Also attached are other recent aerial photos from the city's GIS records that also show a higher level of parking usage than counted in any hour of the applicant's study. Such aerial photos are taken of the entire area, and often not at times of peak parking demand. Business managers often address parking shortages (such as may be created by this request) by requiring their employees to park off-site, which usually means in neighborhoods or unauthorized use of other private lots. Complaints are regularly received about such parking spillover from several sites around the city. If this adjustment is approved, parking spillover would be anticipated from this center into neighboring lots or public streets, for which we may receive complaints and requests for'neighborhood-only' parking zones. Please feel free to contact me with any questions, Mike Mike McCarthy P.E. III City of Tigard Senior Project Engineer i Streets and Transportation 13125 SW Hall Blvd TIGARD Tigard,OR 97223 (503)718-2462 Direct (503)624-0752 Fax mikem 2tigard-or.gov From: Cheryl Caines Sent: Wednesday, August 28, 2013 8:29 AM To: Mike McCarthy; Judith Gray Cc: Tom McGuire Subject: FW: Supplemental Information for Nimbus Center Parking Adjustment, VAR2013-00007 Mike and Judith, Will you please review and provide any comments or concerns about the Nimbus Parking adjustment? If you'd like to discuss, please let me know. Cheryl From: Chris Brehmer [mailto:CBREHMER©kittelson.com] Sent: Tuesday, August 27, 2013 4:11 PM To: Cheryl Caines Cc: Matt Bell; dkrawczuk@iperkinscoie.com Subject: Supplemental Information for Nimbus Center Parking Adjustment, VAR2013-00007 Cheryl, 2 Following up on our recent telephone conversation,we have collected parking demand data at the Nimbus Center and are sending you the attached supplemental report for inclusion in the Nimbus Center Parking Adjustment application, VAR2013-00007. Please let me know if you or other City staff have any questions or if you would like to discuss this further. Thank you, Chris Christopher L. Brehmer, P.E. Principal Engineer K ittt l_,C! Transportation Engineering/ Planning 610 SW Alder Street,Suite 700 Portland, Oregon 97205 503.228.5230 503-535-7433 (direct) Twitter DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. 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' • e • ifff IL 1 1 1 N') tAL•` r /1�'c L.Jk M :: !4 �Z Y 4j, r ''i 1 �t Cheryl Caines From: Judith Gray Sent: Thursday, September 05, 2013 2:17 PM To: Cheryl Caines Cc: Tom McGuire; Mike McCarthy Subject: Nimbus Parking Analysis Review Hi Cheryl, Thanks for the opportunity to comment on the Nimbus Center Parking Adjustment application. I've reviewed the parking analysis by Kittelson &Associates and the application.The information and findings are sufficient for me to recommend approval of the application, with some additional considerations. Observed parking demand The Kittelson report identifies 64 parked vehicles during the peak period, corresponding to a peak parking demand rate of 3.26 vehicles per ksf.This is generally consistent with observations I made during peak hour visits in May and September of this year. On those two visits I observed 52 and 61 parked vehicles, corresponding to demand rates of 2.65 and 3.36 vehicles per ksf. Estimated Peak Parking Demand Using the highest of the three observed parking demand rates(3.36),the peak parking demand if the entire center were occupied would be approximately 89 vehicles(3.36 x 26.279 ksf). With 94 spaces currently on site,this would reflect an occupancy level of 95%,which is effectively full; it would feel especially constrained given that 4 spaces are designated for Handicap use only. Therefore...if the Nimbus Center were fully leased with a similar mix of tenants, peak parking demand could typically be accommodated on site. Even if the parking demand is somewhat excessive during the peak hour, this condition is likely to occur only during a few hours out of each week. During most other times parking would be more than adequate. The conditions will be very sensitive to specific tenants. For example,the largest tenant (4,547 sf) is a paint store, which probably has very low demand during the lunch hour. If this use were to change to a different retail use there could be a considerable increase in peak hour demand. But this is always the case with parking demand estimates. It is subject to change due to a wide range of variables outside of our control. Other considerations Generally speaking, the property owner and tenants have the most at stake when it comes to providing adequate parking. It is in their interest to ensure customer access. Given that the site is already developed, our main concerns should be whether inadequate parking will result in 1) safety or congestion issues at the driveway or 2) spillover parking impacting nearby streets or properties.The site is located and designed such that these are not significant concerns. Recommendations It is my opinion that the requested adjustment could be approved without negatively impacting the streets or neighboring properties. However, the following requirements/strategies could be employed to mitigate any potential off-site impacts: 1. Clearly state that the property owner and tenants shall seek to accommodate all parking demand on site 2. If parking demand cannot be accommodate on site, the property owner could pursue a written agreement with neighboring properties for shared parking; or they could provide transit passes or otherwise promote non-auto access for employees. 3. Property owners SHALL NOT instruct employees,vendors, customers, or others to park off-site except under a written agreement with a neighboring property 4. The parking requirement is calculated for the entire center. Therefore, on-site parking should remain open to all tenants,other than the required ADA parking. I hope this is helpful. Please let me know if you have any questions. JG Judith Gray Senior Transportation Planner City of Tigard, Community Development 13125 SW Hall Boulevard Tigard, Oregon 97223 (503) 718-2557 judith(c@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule." 2 MAILING RECORDS AFFIDAVIT OF MAILING TIGARD I, Cheryl Caines, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard,Washington County,Oregon and that I served the following: (ruck Appmpiaw tiox(s)Below} © NOTICE OF a TYPE II Proposal FOR:VAR2013-00007,parking variance for Nimbus Center, 10115 SW Nimbus Avenue ❑ AMENDED NOTICE— x City of Tigard Planning Director ❑ Tigard Hearings Officer El Tigard Planning Commission ❑ Tigard City Council 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 July 8,2013,and deposited in the United States Mail on July 8.2013 postage prepaid. eill Cheryl A. Caines STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the \' '* y of L t3— . ,2013. ,�"�., OFFICIAL SEAL {JJ ): CHRISTINE L.WILEY I ( - J. NOTARY PUBLIC-OREGON 1 l) +�� COMMISSION N0.475306 ( NOq ,),s PUBLIC OF GON ( MY COMMISSION EXPIRES FEBRUARY 03,2017 1 My Commission Expires: Notice of a Type II Proposal • Parking Adjustments Review T I G A R D Case ID: VAR2013-00007 Tigard Community Development Contact Information Date of Notice: Tuesday,August 13, 2013 120 days = Tuesday, November 26, 2013 To: Interested Persons Staff Contact: Cheryl Caines 503-718-2437 cherylc @tigard-or.gov If you would like to comment on this proposal, we need to receive your written comments by 5 p.m. on Tuesday, August 27, 2013 . Please mail or deliver your comments to 13125 SW Hall Blvd.,Tigard, Oregon 97223. Include the Case ID Number: VAR2013-00007. Please address your comments to the appropriate staff person: Cheryl Caines. Information About the Proposal Description of the Proposal: The applicant is requesting a 20%reduction to the minimum parking requirement for current and future tenants of the center. Applicant: Nimbus Center Associates,LLC Killian Pacific LLC 500 E Broadway,Suite 110 Vancouver,WA 95993 Owner 1: Constance A. Robinson 12000 SW View Crest Ct. Tigard, OR 97224 Proposal Address: 10115 SW Nimbus Avenue Legal WCTM 1 S134AA,Tax Lots 1900 Description: Zoning: MUE 2: Mixed-Use Employment District Approval Criteria: Community Development Code Chapters 18.370 and 18.390 What You Should Know About This Type II Proposal The proposed development requires a land use review. The goal of this notice is to invite interested parties to participate early in the decision-making process by submitting comments in writing during the open comment period. City of Tigard,Community Development Division •13125 SW Hall Blvd.,Tigard,Oregon 97223 I/CURPLN/Forms/QJ Staff Reports/Notice of Type II Proposal_Templ_06-05-12 Attachment A Type II decisions are made by the Community Development Director after consideration of relevant evidence and public comments received during the open comment period. The decision will be mailed to the applicant and to owners of property located within 500 feet of the proposal site and anyone who submitted written comments or is otherwise entitled to a decision notice. The decision maker may: • Approve the proposal. • Approve the proposal with conditions. • Deny the proposal. All evidence considered in the decision will be contained in the public record and available for public review. If you would like to review this material, please schedule an appointment with Lora Garland, Records Management Specialist, 503-718-2483. If you wish to receive copies of the materials, city records will prepare them for you at a reasonable cost. Appeal Information Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Comments directed at the relevant approval criteria (Tigard Development Code) are what constitute relevant evidence. Details regarding the appeal process and requirements are contained within Tigard Development Code Chapter 18.390.There is a fee charged for appeals. Attachments Included in this Notice Zoning and Site Map Notice to Mortgagee, Lienholder, Vendor, or Seller The Tigard Development Code requires that if you receive this notice it shall be promptly forwarded to the purchaser. City of Tigard,Community Development Division.13125 SW Hall Blvd.,Tigard,Oregon 97223 I/CURPLN/Forms/QJ Staff Reports/Notice of Type II Proposal_Templ_06-05-12 Site Map . 1116, Vir- 1111=11111NAir Area Notified (500 Ft) to r , Niik\\\__, . `�', ` ` /C-.4) � f ' * \ \ 4 --0• lilt \ • •iii•••iiiii d \IIIH'' ••••••••••••�.••••••••.•G•.•j•� •••••�•jj• the crop-I•I I".•I 01�1 Imp ProMiS,3-Aug nr,eU00., t -**-4,tvie.w ,N‘ 4 ......... LAYMAN•Oft ANN e ° IMMO ♦♦ ���` ,.. :.. � �.�r0 :TMCIo n`I. 0., : COMMUNITY DEVEOPMENT O EP R,f - Is '', kg.- N - ,`w•-' � . q,®aI, .. ■ -INN I Cm otTgnC Tp dn\ -411.7111111111111111WP IOW 836,4I vpa qo Comments: Notification area-all properties within 500 feet of the site. City of Tigard,Community Development Division•13125 SW Hall Blvd.,Tigard,Oregon 97223 I/CURPLN/Forms/QJ Staff Reports/Notice of Type II Proposal_Templ_06-05-12 Zoning Map 1 • • -1 `• CASCAO ' Zoning Map i 1 _� 10 \ eD� ::•;; Subject Srtr. i- A V - e 1 Zoning Classircalions R-1 30.000 Sq Ft Mn Lot Size I R-2 20,000 Sq Ft Mn Lot Size R-3.5 10000 Sq Ft Mn Lot Size I R-4.5 7,500 Sq Ft Mn Lot Size (— 1 R-7 5.000 Sq Ft Mn Lot Size I I R-12 3.050 Sq Ft Mn Lot Size [-1 R-25 t,400 Sq Ft Mn Lot Size S R-40 40 Units Per Acre -- $ MUR-1 Mixed Use Residential 1 i VP C. - _ MUR-2 Mead Use Residential 2 (� �^ a -MU-CBD Mixed Use Central Bus Dist !. 'C-C Community Commercial �� _C-G General Commercial Grp _ C-N Neighborhood Commercial ele-' / Em MUC-1 Mixed Use Comercial1 7� MUE Mired Use Empoloyment .'. 1 \ `J v, � MUE-1 Mired Use Employment 1 C° C R.1?, _MUE-2 Mixed Use Employment 2 Ef c O ' , `. -Washington Industrial ingto Park q 141 Heavy Industrial _L .. .• �a y Zones bn County ■ I overlay Zones e oa ■h'i'll,` . ■ IA Hisbnc D eve)Overlay Q ®PWnned Dovelopment Overlay ® . ■ ■ Map Prease.l}/rq-13 OPP. xeoaa nu ea 1.•111,01.1 111,01.1 aereu.or ro. 041..0 HOU.NE V01,41,wrIIM TN DVAL13.19, No ' MA mx I ' .tMr,v 1 eM.a.......,ae.07". de�eeWgeltal�l MCnVOeeYapellW.ee'..u! e/Oea■Ma n1eMW MYWIaMO..C.uereen. COMMUNITY DEVELOPMENT 0EPARTIEN1 - R-4.5 �3 •A Plfficy it cet wnr / n immi PD / -.aM 1lnawweetave of Tigam Prdogw Comments: Site is zoned Mixed Use Employment-2 (MUE-2). City of Tigard,Community Development Division 43125 SW Hall Blvd.,Tigard,Oregon 97223 I/CURPLN/Forms/CU Staff Reports/Notice of Type II Proposal_Templ_06-05-12 1S127DC00700 1S134AB01200 ALPROP, LLC FREEMAN, LINDA M PO BOX 25030 11334 SW IRONWOOD LOOP PORTLAND OR 97298 TIGARD OR 97223 1S134AA00800 1S134AD01600 AUSE, HAROLD R& GIBSON, CATHERINE PAYSON DONNA E 11375 SW LAKEWOOD CT 11342 SW IRONWOOD LP TIGARD OR 97223 TIGARD OR 97223 1S127DD00900 1S134AD01500 BANK OF THE WEST GILLENWATER, NEIL& RENEE LIVING PO BOX 5155 5755 SW NATCHEZ ST SAN RAMON CA 94583 TUALATIN OR 97062 1S134AA00700 1S134AB01600 BENNETT,WILLIAM R BETTY HALL,VIVIENNE E REVOCABLE TRUST 11340 SW IRONWOOD LOOP BY HALL,VIVIENNE E TR TIGARD OR 97223 11333 SW IRONWOOD LP TIGARD OR 97223 1S134AA00900 15134AA01100 BREWER, WILLIAM W AND HANSEN, MELVIN JAMES JR NANCY L 4690 NE BEAUMEAD LN 11344 SW IRONWOOD LOOP HILLSBORO OR 97124 TIGARD OR 97223 1S134AA01600 1S134AA02200 CANEPA, FRANK A AND HANSON, RONALD D DEBORAH K ROBINSON, CONSTANCE A 22815 SW HOSLER WAY ROBINSON,CHESTER TRUST ET AL SHERWOOD OR 97140 203604 EAST FINLEY RD KENNEWICK WA 99331 1S134AB00900 1S134AA02300 COOPER LIVING TRUST HANSON, RONALD D BY COOPER, EDWARD S JR&CHRISTINE ROBINSON,CONSTANCE A 14780 NW BENJAMIN CT ROBINSON, CHESTER TRUST ET AL PORTLAND OR 97229 203604 EAST FINLEY RD KENNEWICK WA 99331 1S134AA01700 1S134AA01800 DAVID, RANDOLPH R III&CYNTHIA HANSON, RONALD U 13670 SE SNOWFIRE DR ROBINSON, CONSTANCE A HAPPY VALLEY OR 97086 ROBINSON, CHESTER TRUST ET AL 203604 EAST FINLEY RD KENNEWICK WA 99331 1S134AB01100 1S134AB00100 DOMINGO,JOHN M HARRINGTON, THOMAS E TRUST LYMAN, BRITTANY C BY HARRINGTON, THOMAS E TR 11332 SW IRONWOOD LOOP 105 FREMONT AVE#B TIGARD OR 97223 LOS ALTOS CA 94022 1S134AB01700 1S134AA01200 ELIZABETH L DITTMER REVOCABLE HAYWOOD, TUCKER LIVING TRUST OF 1996 11350 SW IRONWOOD LOOP 11331 SW BASSWOOD CT TIGARD OR 97223 TIGARD OR 97223 Attachment B 15134A801500 1S127DC00600 HENLEY, GEORGE A&SHARON L PACIFIC PLACE CENTER LLC 11335 SW IRONWOOD LOOP BY JOHN RICHARDSON TIGARD OR 97223 47 BROADWAY LOS GATOS CA 95030 1S134AA01300 1S134AA01900 HUMSTON, RYLAND L AND ROBINSON, CONSTANCE A LOUISA F BY KILLIAN PACIFIC LLC 11351 SW IRONWOOD LOOP 500 EAST BROADWAY,STE 110 TIGARD OR 97223 VANCOUVER WA 98660 1S134A001700 1S134AB01000 JADIN, REBECCA LEE SIMNITT, M KNOL&ANGELA S J 11373 SW LAKEWOOD CT 11330 SW IRONWOOD LOOP TIGARD OR 97223 TIGARD OR 97223 1S134AA01000 1S134AB01400 JOHNSON, PAUL H JR SMITH, DEREK E& 11346 SW IRONWOOD LOOP ANITA TIGARD OR 97223 11337 SW IRONWOOD LP TIGARD OR 97223 1S134AA01500 1S134AA00600 LIDRICH, PATRICIA E SMITH,SARA J HAINES, NEAL D JR 11338 SW IRONWOOD LOOP 11343 SW IRONWOOD LOOP TIGARD OR 97223 TIGARD OR 97223 1S134A1300800 1S134AA00500 MARK, DOUGLAS C & SOFIE, REBECCA TIGARD,CITY OF SW 11316 IRONWOOD LOOP 13125 SW HALL TIGARD OR 97223 TIGARD OR 97223 1S127DD00600 1S134AB01300 NIMBUS CENTER LLC TOWNSEND, FENTON AND BY SHORENSTEIN PROPERTIES LLC ESTHER H 235 MONTGOMERY ST, 16TH FLOOR 11336 SW IRONWOOD LOOP SAN FRANCISCO CA 94104 TIGARD OR 97223 1S127DC00502 1S1270000212 NIMBUS WATUMULL LLC TUALATIN HILLS PARK AND MADRONA NIMBUS LLC RECREATION DISTRICT 210 SW MORRISON, SUITE 600 15707 SW WALKER RD PORTLAND OR 97204 BEAVERTON OR 97005 1S12713001000 1S134AA01400 NIMBUS WATUMULL LLC WEBBER PROPERTIES LLC MADRONA NIMBUS LLC 12155 SW WILDWOOD ST 210 SW MORRISON, SUITE 600 PORTLAND OR 97224 PORTLAND OR 97204 1S127DC00102 NIMBUS WATUMULL LLC MADRONA NIMBUS LLC 210 SW MORRISON, SUITE 600 PORTLAND OR 97204 DON & DOROTHY ERDT The following labels list interested persons who requested notice 13760 SW 121ST AVENUE re ANY development ANYWHERE in Tigard See Memo for File re TIGARD OR 97223 Interested Parties Update,August 2012. BARRY ALBERTSON VANESSA FOSTER 15445 SW 150TH AVE 13085 SW HOWARD DR TIGARD OR 97224 TIGARD OR 97223 SUSAN BEILKE MONA KNAPP 11755 SW 114TH PLACE 9600 SW FREWING STREET TIGARD OR 97223 TIGARD, OR 97223 ELLEN BEILSTEIN BEVERLY FROUDE 14630 SW 1391H AVE 12200 SW BULL MOUNTAIN ROAD TIGARD OR 97224 TIGARD OR 97224 HEIDI BRENNEMAN NAOMI GALLUCCI 11680 SW TIGARD DRIVE 11285 SW 78TH AVENUE TIGARD OR 97223 TIGARD OR 97223 GRETCHEN BUEHNER CPO 4B MAILING ADDRESS 13249 SW 136TH PLACE 16200 SW PACIFIC HWY, STE H, BOX 242 TIGARD OR 97224 TIGARD OR 97224 REX CAFFALL KEVIN HOGAN 13205 SW VILLAGE GLENN 14357 SW 133R0 AVENUE TIGARD OR 97223 TIGARD OR 97224 LORA GARLAND, CITY RECORDS HAROLD AND RUTH HOWLAND CITY OF TIGARD 13145 SW BENISH 13125 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 PATRICIA KEERINS NOTE:♦Don't mail the City of Tigard label 12195 SW 121ST AVE if there is already a label for City of Tigard TIGARD OR 97223 printed from the GIS labels list. I/CURPLN/SetUp/Labels/CIT Citywide Last Update:06 24 2013 ALEXANDER CRAGHEAD JULIE RUSSELL, CPO 4B CHAIR 12205 SW HALL BOULEVARD 12662 SW TERRAVIEW DRIVE TIGARD OR 97223-6210 TIGARD OR 97224 GENE MILDREN BRAD SPRING MILDREN DESIGN GROUP 7555 SW SPRUCE STREET 7650 SW BEVELAND ST,STE 120 TIGARD OR 97223 TIGARD OR 97223 NATHAN AND ANN MURDOCK CHARLIE AND LARIE STALZER 7415 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD OR 97223 TIGARD OR 97224 PATTY NEWTH ROSS SUNDBERG 12180 SW MERESTONE COURT 16382 SW 104T"AVE TIGARD OR 97223 TIGARD OR 97224 TODD HARDING& BLAKE HERING JR. WILLIAM S. FARGHER NORRIS BEGGS&SIMPSON EQUITY BUILDERS REALTY 121 SW MORRISON, SUITE 200 10300 SW 92ND AVENUE PORTLAND OR 97204 HAPPY VALLEY OR 97086 DAVID WALSH Leave on for into for 90 days from 10236 SW STUART COURT 6/24/13.Their mail is being returned. TIGARD OR 97223 They haven't provided any new contact info. SUE RORMAN BRIAN WEGENER 11250 SW 82ND AVE 9830 SW KIMBERLY DRIVE TIGARD OR 97223 TIGARD OR 97224 LISA HAMILTON, CPO 4B VICE CHAIR CAROL RENAUD—WACO CPO NEWSLETTER COORDINATOR 13565 SW BEEF BEND ROAD OR STATE UNIV EXTENSION SVC-CITIZEN INVOLVEMENT FACULTY TIGARD OR 97224 155 NORTH 15T AVENUE SUITE 200 MS48 HILLSBORO OR 97124 No persons currently want to be notified about SOUTH or CENTRAL development ONLY: I/CURPLN/Setup/Labels/CIT Citywide Last Update:06 24 2013 41 AFFIDAVIT OF MAILING TIGARD I, Cheryl Caines, being first duly sworn/affirm, on oath depose and say that I am an Associate Planner for the City of Tigard,Washington County,Oregon and that I served the following: (t]Kck Apinop Box(s)Below) © NOTICE OF a TYPE II Decision FOR:VAR2013-00007, (Nimbus Center Parking Reduction) NOTICE TO AGENCIES 0 AMENDED NOTICE— x City of Tigard Community Development Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council 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,September 26,2013,and deposited in the United States Mail on September 26.2013 postage prepaid. a . c Cheryl Caines, Associate Planner STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of >'1-\ .C■ , 2013. (� ``-�,� OFFICIAL SEAL O� ' COMMISSION NO.475 06 ' MY COMMISSION EXPIRES FEBRUARY 03,2017!, NOT RY PUBLIC O OREGON My Commission Exp :610-3-2�'1 III Notice of a Type II Decision ■ Parking Adjustments Review TI cJ n It o Case ID: Nimbus Center Parking Reduction (VAR2013-00007) The Decision Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the requested land use action, subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in the Final Decision and the proposal is described below. Tigard Community Development Contact Information Date of Notice: Thursday,September 26,2013 120 days = Tuesday,November 26,2013 Staff Contact: Cheryl Caines 503-718-2437 cherylc@tigard-or.gov Appeal Information All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision may appeal the decision.Appeal forms are available on the city's website or by person at the Permits Center. If you would like to appeal this land use decision, we need to receive your completed appeal form by 4 p.m. on Thursday, October 10, 2013. Please include the Case ID Number: VAR2013-00007. Please hand-deliver your completed appeal form (which will be time-stamped) and pay the associated appeal fees at the Permits Center, 13125 SW Hall Blvd., Tigard, Oregon 97223. If you have any questions regarding this decision please address them to the appropriate staff person noted on this form: Cheryl Caines and note the Case ID Number: \'AR2013-00007 This decision is final on Thursday, October 10, 2013, unless an appeal is filed. The decision will go into effect on Friday, October 11, 2013, unless an appeal is filed. A copy of the Final Decision is available upon request from the staff contact person noted above. Information About the Decision Applicant: Nimbus Center Associates,LLC Owner: Constance A.Robinson Killian Pacific LLC 12000 SW View Crest Ct. 500 E Broadway,Suite 110 Tigard,OR 97224 Vancouver,WA 95993 Description of the Proposal: The applicant requested a 20%reduction to the minimum parking requirement for current and future tenants of the Nimbus Center,located at the corner of Scholl's Ferry Road and Nimbus Avenue. Based on the parking study and other information provided,the reduction will continue to meet parking demand for a typical mix of businesses found in the center and will not have an adverse impact on adjacent uses or properties. EXHIBIT A City of Tigard,Community Development Division •13125 SW Hall Blvd.,Tigard,Oregon 97223 pg. 1 I/CURPLN/Forms/oJ Staff Report/Notice of Type II Decision Templ 08 2812 Legal WCTM 1 S134AA,Tax Lots 1900 Description: Zoning: NICE 2: Mixed-Use Employment District Appeal Procedure Details The decision of the Director (Type 1l Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure)is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. The deadline for filing an appeal is 4 p.m. on Thursday,October 10,2013 Site Map ', Area Notified (500 Ft) c�'s '\\ � \ (T./ VAR2013 0!001,7 \\ \ \\. ,. -- iwo w\ • Illiii S • \ ‘ \v\\■ ,'` \∎ tee. , # , 11A A N\ %'i: \S:.%.S.: ;7::7 \ ‘ . 0....0:0::iiginIN p . •.,• •.••• ••• Nis Tap.••••••••••,,.._ . \ � : • ao LN Mn FrmN 11./....-13~•F Nw \\� \. 1 0. Ip 6 ° � . ° n JIil1 F BS BE g N 9% ■ c.r NtipW e1 \ .grin•.ro. City of Tigard,Community Development Division •13125 SW Hall Blvd.,Tigard,Oregon T'223 pg.2 I/CURPLN/Forms/OJ Staff Report/Notice of Type II Decision Templ_08 28 12 1S127DC00700 1S134AB01200 ALPROP, LLC FREEMAN, LINDA M PO BOX 25030 11334 SW IRONWOOD LOOP PORTLAND OR 97298 TIGARD OR 97223 1S134AA00800 1S134AD01600 AUSE, HAROLD R & GIBSON, CATHERINE PAYSON DONNA E 11375 SW LAKEWOOD CT 11342 SW IRONWOOD LP TIGARD OR 97223 TIGARD OR 97223 1S127DD00900 1S134AD01500 BANK OF THE WEST GILLENWATER, NEIL& RENEE LIVING PO BOX 5155 5755 SW NATCHEZ ST SAN RAMON CA 94583 TUALATIN OR 97062 1S134AA00700 1S134AB01600 BENNETT,WILLIAM R BETTY HALL,VIVIENNE E REVOCABLE TRUST 11340 SW IRONWOOD LOOP BY HALL,VIVIENNE E TR TIGARD OR 97223 11333 SW IRONWOOD LP TIGARD OR 97223 1S134AA00900 15134AA01100 BREWER, WILLIAM W AND HANSEN, MELVIN JAMES JR NANCY L 4690 NE BEAUMEAD LN 11344 SW IRONWOOD LOOP HILLSBORO OR 97124 TIGARD OR 97223 1S134AA01600 1S134AA02200 CANEPA, FRANK A AND HANSON, RONALD D DEBORAH K ROBINSON, CONSTANCE A 22815 SW HOSLER WAY ROBINSON, CHESTER TRUST ET AL SHERWOOD OR 97140 203604 EAST FINLEY RD KENNEWICK WA 99331 1S134AB00900 1S134AA02300 COOPER LIVING TRUST HANSON, RONALD D BY COOPER, EDWARD S JR&CHRISTINE ROBINSON,CONSTANCE A 14780 NW BENJAMIN CT ROBINSON,CHESTER TRUST ET AL PORTLAND OR 97229 203604 EAST FINLEY RD KENNEWICK WA 99331 1S134AA01700 1S134AA01800 DAVID, RANDOLPH R III &CYNTHIA HANSON, RONALD D 13670 SE SNOWFIRE DR ROBINSON, CONSTANCE A HAPPY VALLEY OR 97086 ROBINSON,CHESTER TRUST ET AL 203604 EAST FINLEY RD KENNEWICK WA 99334 1S134AB01100 1S134AB00100 DOMINGO, JOHN M HARRINGTON, THOMAS E TRUST LYMAN, BRITTANY C BY HARRINGTON, THOMAS E TR 11332 SW IRONWOOD LOOP 105 FREMONT AVE#B TIGARD OR 97223 LOS ALTOS CA 94022 1S134AB01700 1S134AA01200 ELIZABETH L DITTMER REVOCABLE HAYWOOD, TUCKER LIVING TRUST OF 1996 11350 SW IRONWOOD LOOP 11331 SW BASSWOOD CT TIGARD OR 97223 TIGARD OR 97223 EXHIBIT B 15134AB01500 1S127DC00600 HENLEY, GEORGE A&SHARON L PACIFIC PLACE CENTER LLC 11335 SW IRONWOOD LOOP BY JOHN RICHARDSON TIGARD OR 97223 47 BROADWAY LOS GATOS CA 95030 1S134AA01300 1S134AA01900 HUMSTON, RYLAND L AND ROBINSON, CONSTANCE A LOUISA F BY KILLIAN PACIFIC LLC 11351 SW IRONWOOD LOOP 500 EAST BROADWAY,STE 110 TIGARD OR 97223 VANCOUVER WA 98660 1 S 134A D01700 1 S 134AB01000 JADIN, REBECCA LEE SIMNITT, M KNOL&ANGELA S J 11373 SW LAKEWOOD CT 11330 SW IRONWOOD LOOP TIGARD OR 97223 TIGARD OR 97223 1S134AA01000 1S134AB01400 JOHNSON,PAUL H JR SMITH, DEREK E& 11346 SW IRONWOOD LOOP ANITA TIGARD OR 97223 11337 SW IRONWOOD LP TIGARD OR 97223 1S134AA01500 1S134AA00600 LIDRICH, PATRICIA E SMITH,SARA J HAINES, NEAL D JR 11338 SW IRONWOOD LOOP 11343 SW IRONWOOD LOOP TIGARD OR 97223 TIGARD OR 97223 15134AB00800 1S134AA00500 MARK, DOUGLAS C & SOFIE, REBECCA TIGARD, CITY OF SW 11316 IRONWOOD LOOP 13125 SW HALL TIGARD OR 97223 TIGARD OR 97223 1S127DD00600 1S134AB01300 NIMBUS CENTER LLC TOWNSEND, FENTON AND BY SHORENSTEIN PROPERTIES LLC ESTHER H 235 MONTGOMERY ST, 16TH FLOOR 11336 SW IRONWOOD LOOP SAN FRANCISCO CA 94104 TIGARD OR 97223 1S127DC00502 1S1270000212 NIMBUS WATUMULL LLC TUALATIN HILLS PARK AND MADRONA NIMBUS LLC RECREATION DISTRICT 210 SW MORRISON, SUITE 600 15707 SW WALKER RD PORTLAND OR 97204 BEAVERTON OR 97005 1S12713001000 1S134AA01400 NIMBUS WATUMULL LLC WEBBER PROPERTIES LLC MADRONA NIMBUS LLC 12155 SW WILDWOOD ST 210 SW MORRISON, SUITE 600 PORTLAND OR 97224 PORTLAND OR 97204 1S127DC00102 NIMBUS WATUMULL LLC MADRONA NIMBUS LLC 210 SW MORRISON, SUITE 600 PORTLAND OR 97204 DON & DOROTHY ERDT The following labels list interested persons who requested notice 13760 SW 121ST AVENUE re ANY development ANYWHERE in Tigard See Memo for File re TIGARD OR 97223 Interested Parties Update,August 2012. BARRY ALBERTSON VANESSA FOSTER 15445 SW 150TH AVE 13085 SW HOWARD DR TIGARD OR 97224 TIGARD OR 97223 SUSAN BEILKE MONA KNAPP 11755 SW 114TH PLACE 9600 SW FREWING STREET TIGARD OR 97223 TIGARD,OR 97223 ELLEN BEILSTEIN BEVERLY FROUDE 14630 SW 139TH AVE 12200 SW BULL MOUNTAIN ROAD TIGARD OR 97224 TIGARD OR 97224 HEIDI BRENNEMAN NAOMI GALLUCCI 11680 SW TIGARD DRIVE 11285 SW 78T"AVENUE TIGARD OR 97223 TIGARD OR 97223 GRETCHEN BUEHNER CPO 4B MAILING ADDRESS 13249 SW 136T" PLACE 16200 SW PACIFIC HWY,STE H, BOX 242 TIGARD OR 97224 TIGARD OR 97224 REX CAFFALL KEVIN HOGAN 13205 SW VILLAGE GLENN 14357 SW 133RD AVENUE TIGARD OR 97223 TIGARD OR 97224 LORA GARLAND, CITY RECORDS HAROLD AND RUTH HOWLAND CITY OF TIGARD 13145 SW BENISH 13125 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 PATRICIA KEERINS NOTE:♦Don't mail the City of Tigard label 12195 SW 121ST AVE if there is already a label for City of Tigard TIGARD OR 97223 printed from the GIS labels list. I/CURPLN/SetUp/Labels/CIT Citywide Last Update:06 24 2013 ALEXANDER CRAGHEAD JULIE RUSSELL, CPO 4B CHAIR 12205 SW HALL BOULEVARD 12662 SW TERRAVIEW DRIVE TIGARD OR 97223-6210 TIGARD OR 97224 GENE MILDREN BRAD SPRING MILDREN DESIGN GROUP 7555 SW SPRUCE STREET 7650 SW BEVELAND ST, STE 120 TIGARD OR 97223 TIGARD OR 97223 NATHAN AND ANN MURDOCK CHARLIE AND LARIE STALZER 7415 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD OR 97223 TIGARD OR 97224 PATTY NEWTH ROSS SUNDBERG 12180 SW MERESTONE COURT 16382 SW 104TH AVE TIGARD OR 97223 TIGARD OR 97224 TODD HARDING& BLAKE HERING JR. WILLIAM S. FARGHER NORRIS BEGGS&SIMPSON EQUITY BUILDERS REALTY 121 SW MORRISON,SUITE 200 10300 SW 92ND AVENUE PORTLAND OR 97204 HAPPY VALLEY OR 97086 DAVID WALSH n1°'t' "T°"CT'^°' Leave on for info for 90 days from 10236 SW STUART COURT 6/24/13.Their mail is being returneo. TIGARD OR 97223 They haven't provided any new contact info. SUE RORMAN BRIAN WEGENER 11250 SW 82ND AVE 9830 SW KIMBERLY DRIVE TIGARD OR 97223 TIGARD OR 97224 LISA HAMILTON, CPO 4B VICE CHAIR CAROL RENAUD—WACO CPO NEWSLETTER COORDINATOR 13565 SW BEEF BEND ROAD OR STATE UNIV EXTENSION SVC- CITIZEN INVOLVEMENT FACULTY TIGARD OR 97224 155 NORTH 1ST AVENUE SUITE 200 MS48 HILLSBORO OR 97124 No persons currently want to be notified about SOUTH or CENTRAL development ONLY: I/CURPLN/SetUp/Labels/CIT Citywide Last Update:06 24 2013 NOTICE OF TYPE II DECISION • ADJUSTMENT (VAR) 2013-00002 NIMBUS CENTER PARKING ADJUSTMENT TIGARZD 120 DAYS = 11/26/2013 SECTION I. APPLICATION SUMMARY FILE NAME: NIMBUS CENTER PARKING ADJUSTMENT CASE NO.: Variance (VAR) VAR2013-00007 PROPOSAL: The applicant has requested a twenty percent (20%) parking reduction to the minimum parking requirements for existing and future businesses located at the Nimbus Center (corner of Scholls Ferry Road and Nimbus Avenue). OWNER: Constance A. Robinson APPLICANT: Nimbus Center Associates,LLC 12000 SW View Crest Ct. Killian Pacific LLC Tigard,OR 97224 500 E Broadway,Suite 110 Vancouver,WA 95993 LOCATION: 10115 SW Nimbus Avenue,WCTM l S134AA,Tax Lots 1900 ZONE: MUE-1 and MUE-2: Mixed Use Employment Districts. The MUE-1 and 2 zoning district is designed to apply to areas where employment uses such as office, research and development, and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are permitted which are compatible with the employment character of the area. Lincoln Center is an example of an area designated MUE-1,the high density mixed use employment district. APPLICABLE Community Development Code Section 18.370.020.C.6.c. APPROVAL CRITERIA: SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for a 20% parking reduction to the minimum parking requirements for current and future uses within the existing Nimbus Center development. The findings and conclusions on which the decision is based are noted in Section V. b1A -1 ct_ep— EXHIBIT A \'AR2013-4XUI7/NI BUS CIiN FFJt PARKING ADjusTmFNT PAGE 101'5 SECTION III. BACKGROUND INFORMATION Site&Vicinity Information: The 2.42 acre site is located on the south side of SW Nimbus Avenue at the intersection of SW Scholls Ferry Road. Nimbus Center is a 26,279 square foot multi-tenant shopping center with a mix of retail, restaurants, medical offices, and personal services. The site is zoned E-2 (Mixed Use Employment 2) and located in the Washington Square Regional Center, as are properties to the east across Nimbus Avenue. Fanno Creek and residential uses can be found south of the site. Zoning is a mix of low and medium density residential (R-4.5 and R-12). The City of Beaverton is north of the site across Scholls Ferry Road, which is the boundary between the two cities. Site History Nimbus Center was approved as part of the Koll Business Center (ZC 23-78, ZC 26-78, CU 33-78, and SDR 8-80); however, construction did not materialize on this site. Koll Business Center is the collection of buildings lying north of Nimbus Avenue. At the Nimbus Center, the main building on the southern portion of the site was approved in 1985 (SDR 2-85) and the Burger King restaurant in 1986 (SDR5-86). A Minor Modification to add a drive-through facility for a bank was approved in 2005 (MMD2005-00006). This minor modification eliminated three parking spaces; however the minimum parking requirement was not addressed within that decision. Zoning at the time of original approval was I-P (Industrial Park), which limited the square footage in the center to the following uses: personal services, day care, eating and drinking establishments, and retail sales. The zoning was changed to MUE-2 with the adoption of the Washington Square Special Planning Area. Size restrictions for uses have been eliminated or increased with the new zoning. No other land use cases were found in a search of city records. Over the last year approximately 6,600 square feet of space has not been leased because city minimum parking requirements could not be met for interested uses. This has been an issue at several multi-tenant developments throughout the city. To address the issue, the applicant requested a code amendment in early 2013 (DCA2013-00001) to lower the minimum parking requirements for certain uses (sales-oriented retai eating and drinking establishments, and drive through banks). That request was approved on May 14, 2013 as amended by City Council (Ordinance 13-07) Proposal Description The applicant is now requesting a site specific adjustment for a 20% reduction to minimum parking requirements for current and future uses at the Nimbus Center based on their current parking demand. The applicant is currently turning away prospective tenants because of the minimum parking requirements. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET The Tigard Community Development Code requires that property owners within 500 feet of the subject site be notified of the proposal, and be given an opportunity for written comments and/or oral testimony prior to a decision being made. Staff received no comments from those notified. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS A. MINIMUM PARKING ADJUSMENT Section 18.3070.020.C.6 states that the director may authorize up to a 20% reduction in the total minimum vehicle parking spaces required in Section 18.765.070.H when an applicant for a development permit can demonstrate in a parking study prepared by a traffic consultant or in parking data from comparable sites that: i. Use of transit, demand management programs, and/or special characteristics of the customer, client employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to standards Institute of Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking requirements; and \'AR2013-O xu7/NIMBUS CENTER PARKING ADJUSTMENT PAGE 20F 5 The applicant has submitted a parking study prepared by Kittleson & Associates that demonstrates that special characteristics of the customer, client, and employee population have a reduced parking demand at this development. The applicant's study states that the Nimbus Center has 93 parking spaces.Therefore, the mix of tenants can require no more than 93 spaces for 26,279 square feet of occupied space (functionally 3.53 per 1,000 square feet). The parking demand study was completed by a traffic engineer based upon recent parking counts at the site for the current mix of tenants. The engineer calculates a peak parking demand of 3.3 spaces per 1,000 square feet of building. With the proposed reduction, the site could meet a parking demand for 3.53 spaces per 1,000 of building with a fully occupied building (26,279 square feet) with a mix of uses similar to existing tenants. Therefore, the applicant has shown the parking demand for the existing development is less than the minimum number of spaces required by the city based on Table 18.765.2. ii. A reduction in parking will not have an adverse impact on adjacent uses. Information submitted by the applicant,including a parking demand study, concludes that parking demand can be accommodated on-site and will not adversely impact adjacent streets or neighboring uses. In addition to parking demand, there are site specific characteristics that lessen the likelihood of off-site impacts. Transit is available along Scholls Ferry Road with a bus stop adjacent to the center. The site is a corner lot which abuts Fanno Creek, wetlands and a public park. No parking is permitted on the adjacent streets. Parking provided for adjacent commercial uses is found across Nimbus Avenue or on Scholls Ferry Road. The nearest public residential street is south of the site, across Fanno Creek; about a quarter mile walking distance from the center businesses. Upon review of the proposal, the Tigard Senior Transportation Planner and Transportation Engineer recommended imposing conditions to ensure parking will be accommodated on-site to limit off-site impacts (see Staff& Agency Comments section below). These conditions cannot be justified based on the approval criteria and cannot be imposed. However, that does not mean the property owner and tenants do not need to be concerned with off-site parking by customers and employees. The applicant should be aware that section 18.230.060 — Abatement of Violations - states any development which occurs contrary to any approval issued or granted under this title is unlawful and may be abated by appropriate proceedings. FINDING: Based on the information provided, the requested 20% reduction to minimum parking requirements at the existing Nimbus Center meets parking demand for a typical use mix found in the existing development and will not have an adverse impact on adjacent uses.The approval criteria have been satisfied. B. IMPACT STUDY Section 18.390.040.B.2.e states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities gystems, and affected private property users. The applicant has provided a study that shows the proposed minimum parking reduction will not impact parks, sewer systems, water system, transportation system, or create excessive noise. As shown above, adequate parking will be provided on-site. Therefore, vehicles will not stack in the adjacent streets while waiting for parking spaces to become available. In addition, the access drive to Nimbus Center is approximately 200 feet from the intersection with Scholls Ferry Road; therefore not impacting traffic flow at that intersection. \'AR2013-IMKNi7/NI\43USCENTER PARKING ADJUSTMENT PAGE 3 OF 5 SECTION VI. OTHER STAFF &AGENCY COMMENTS A request for comments was sent to Tigard Public Works Department, City of Beaverton, Washington County,and Tualatin Valley Fire and Rescue. The following comments were received: Judith Gray, Tigard Senior Transportation Planner reviewed the proposal and the parking analysis prepared by Kittleson & Associates. She commented that the information and findings in the report are sufficient to support approval of the reduction. Even if fully leased with a similar mix of tenants, peak parking demand could be accommodated onsite. However, the conditions will be sensitive to specific tenants. Some businesses of the same use category could be busier than others, but this is a variable beyond the City's control. Peak period also appears to be during weekday lunch hours; during most other hours parking would be more than adequate. The main concerns of safety or congestion at the vehicle access and spillover parking impacting nearby streets or properties are not significant concerns based on the site location and design. Although Ms. Gray stated that the reduction could be approved without negatively impacting neighboring properties based on the information provided, she recommended the following requirements/strategies to mitigate any potential off-site impacts: 1) state that the property owner and tenants shall seek to accommodate all parking demand on-site, 2) if it cannot be accommodated on-site, then a parking management plan must be developed that includes a written agreement with neighboring properties for shared parking, transit passes,or promote shared or non-auto travel for employees. Mike McCarthy, Tigard Transportation Engineer, noted that based on an observation and aerial photographs parking is at a premium in this center even with the current mix of tenants and vacancies. Parking may spill over to nearby developments or streets. If approved, the recommended conditions should include that employees are not required to park off-site unless shared parking agreements are in place and that the adjustment may be rescinded if problems develop due to inadequate on-site parking. These problems could include queue spillback onto public streets, business related parking in residential neighborhoods,or unauthorized on nearby properties. Naomi Vogel, Washington County Associate Planner stated that anv work within Scholls Ferry Road requires a permit from Washington County as it is a county facility. The applicant has not proposed any street work with this application. John Wolff,Deputy Fire Marshal,has reviewed the proposal and has no objections. SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: The applicant and owners Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON OCTOBER 10,2013 AND BECOMES EFFECTIVE ON OCTOBER 11,2013 UNLESS AN APPEAL IS FILED. A eal: The decision of the Director (type II Procedure) or Review Authority (Type II Administrative Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any party with standing as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the notice of the decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon 97223. \'AR21113-1 017/NIMBUS(7ITI77iR PARKING ADJUST iMl i'I' I'.1Gli 4 OF 5 Unless the applicant is the appellant,the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. L THE DEADLINE FOR FILING AN APPEAL IS AT 5:00 PM ON OCTOBER 10,2013. • uestions: If you have any questions,please call the Cheryl Caines with the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon at(503) 718-2437. c a• September 25,2012 PREPARED Y: Cheryl Caines DATE Associate Planner September 25.2012 APPROVE BY: Tom McGuire DATE Asst. Community Development Director VAR2013-(MX)07/NIMBUS CENTER PARKING ADJUS'T'MENT PAGE 5 OF 5 1 Constance A. Robinson VAR2013-00007 12000 SW View Crest Ct. Nimbus Parking Center Tigard, OR 97224 Decision Nimbus Center Associates,LLC Killian Pacific LLC 500 E Broadway,Suite 110 Vancouver,WA 95993 EXHIBIT B APPLICANT MATERIALS . PRE-APP.FIELD BY l it INCITY OF TIGARD PLANNING DIVISION R CEIVE a LAND USE PERMIT APPLICATION City of Tigard Permit Center 13125 SW Hall Blvd, Tigard, OR 97223 JUN 2 7 ?O 13 TIGARD Phone: 503.639.4171 Fax:503.598.1960 F CITY OF TIGARD �NN!NG/.. File#1 takiu 013.. 0000 '7 I Other Case# I rWEEA/NG Date I (al)7/1 3 I By e.'34 Receipt# 11,4 u c ' Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR 0 Adjustment/Variance(I or II) ❑Minor Land Partition(II) ❑ Zone Change(III) ❑Comprehensive Plan Amendment(IV) ❑Planned Development(III) ❑ Zone Change Annexation(IV) ❑Conditional Use(III) ❑Sensitive Lands Review(I,II or III) ❑ Development Code Amendment(IV) ❑ Historic Overlay(II or III) ❑Site Development Review(II) ❑Home Occupation(II) ❑Subdivision(II or III) LOCATION WHERE PROPOSE])ACTIVITY'\'Ill.OCCUR(Address if avxdable) 10115 SW Nimbus Avenue TAX MAPS ea TAX LOT NOS. 1 S134AA Tax Lot No. 01900 TOl'AL.Sl'rE.SIZE ZONING CLASSIFICATION 2.42 ac M U E-2 APPLICANT' Nimbus Center Associates, LLC and Killian Pacific LLC MAILING ADDRESS/CITY/SI-Ai I VZI P 500 East Broadway, Suite 110, Vancouver, WA 95993-0001 PHONI'.NO. FAX NO. (360) 567-0626 (360) 567-0621 PRIMARY CONTACT PERSON PHONE NO. Noel Johnson (360) 567-0626 PROPEROWNER/DEED 1101.1)FR(Attach hat if m on ore than e) J \\' Constance A. Robinson MAILING ADDRESS/CITY/S'fAfk/ZIP 12000 SW View Crest Court, Tigard, OR 97224 P1-[ONE NO. FAX NO. (503) 620-1210 *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL.SUMMARY(PIexse be specific) A 70%reduction in the total minimum vehicle parking spaces required by Chapter IR 7SS fnr the current and future tenants of Nimbus Center. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. 27117069.1 1 THE APPLICANT SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All 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,map 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(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. See enclosed lease,which provides written authorization. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date A7rcant/ lent/•e resenta ve's Signature Date Applicant/Agent/Representative's Signature Date —Ir Perkins E� Coie RECO1120 N.W.Couch Street,Tenth Floor Dana L.Krawczuk 2'1 zt�`3 Portland,OR 97209-4128 PHONE (503)727-2036 �u Al PHONE:50j.]z].2000 FAX' (503)346-2036 P' FAX:503.727.2222 OC,� www.perkinscoie.com DKrawczuk@perkinscoie.com pipN1∎IWGIE June 27, 2013 VIA HAND DELIVERY Mr. Tom McGuire, Principal Planner and Ms. Cheryl Caines,Assistant Planner City of Tigard Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: Parking Adjustment Application for Nimbus Center-- 10115 SW Nimbus Avenue Dear Tom and Cheryl: We are pleased to submit the enclosed application requesting a 20%reduction in the total minimum vehicle parking spaces required by Chapter 18.765 for the current and future tenants of Nimbus Center. Enclosed please find: • A check for the$670 filing fee • An original and two copies of the completed and signed application form' • 3 copies of the vesting deeds, lease and partial assignment of lease for the property • 3 copies of a site plan • A request for two sets of mailing labels • 3 copies of the application narrative and supporting exhibits The landowner's written authorization for the application is the signed lease agreement,which authorizes the lessee to file applications for any governmental permits or approvals. Section 7.2. The original lessee was George H. Killian,who assigned his interest in the lease to Nimbus Center Associates,LLC. The lease and assignment are enclosed. 85993-0001/LEGA L27121663.1 ANCHORAGE BEIJING • BELLEVUE • BOISE • CHICAGO • DALLAS • DENVER • LOS ANGELES MADISON • NEW YORK PALO ALTO • PHOENIX • PORTLAND • SAN DIEGO • SAN FRANCISCO • SEATTLE SHANGHAI • TAIPEI • WASHINGTON, D.C. Perkins Coie LLP Mr. Tom McGuire Ms. Cheryl Caines City of Tigard Community Development Department June 27, 2013 Page 2 We look forward to working with you on this application, and appreciate your efforts on this project. Very truly yours, 4kit Dana L. Krawczuk DLK:crl Enclosures cc: Noel Johnson (w/encs.) 85993-0001/LEGAL27121663.1 VESTING DEEDS SUMMARY OF TITLE TO IKOLL BUSINESS CENTER, Tigard, Washington County, Oregon. As of October 29, 1980 at 2 : 00 P.M. , title was vested in: WILLIAM R. ROBINSON and CONSTANCE A. ROBINSON, as tenants by the entirety, as to that portion described in Book 320, page 312, Deed Records of Washington County; and CHESTER L. ROBINSON and EVELYN Z. ROBINSON, as tenants by the entirety, as to those portions des- cribed in Book 389, page 207 and Book 400, page 526 , Deed Records of Washington County; and WILLIAM ROBINSON, also known as WILLIAM R. ROBINSON and CONSTANCE ROBINSON, also known as CONSTANCE A. ROBINSON, as tenants by the entirety, as to an undivided one-half interest; and CHESTER ROBINSON, also known as CHESTER L. ROBINSON and EVELYN Z . ROBINSON, as tenants by the entirety, as to an undivided one-half interest, all as tenants in common, as to the remainder. (As 4, Lo-r I 1104-c4- A ,}p i c+ g' set 1.15k- pie 4mL flat 1 .4. Ves i. b) Free and clear of all encumbrances and defects, EXCEPT: 1. Taxes continued -1- William R. Robinson and Constance A. Robinson, as tenants by the entirety, as to that portion described in Book 320 , Page 312, Deed Records of Washington County; and William Robinson also known as William R. Robinson and Constance Robinson also known as Constance A. Robinson, as tenants by the entirety, as to an undivided one-half interest; and Chester Robinson, also known as Chester L. Robinson and Evelyn Z. Robinson, as tenants by the entirety, as tenants in common, as to the remainder. (As to Lot 2) - . • �• .. .: •`:•;,•• ''��+y`i_>�:. -f::=r; ... 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"3":`_ -tar'...i14' .'� j'_ ::i;.:..:.i.. :io: �:..d,•tj•. ;`.•�k!. ':L.-'G.;,�t•a”,.yy:;,i\"`•'f„'• -.`{r:.' :{�C'.�Miy: ='" :.. .•.•ir'n.7;^::;",!I�•.• . ,.-S 'i'' 4 ri.!'. - A'r r.K..t.-, i_'(t'•: .'>,^.,i.��•'r. _ _< ,:�y� `.:. r•vM.y.:,. •"'-•1'ni,..fi :.r;:„., ;. _ `-fir.); y:p :ff; ?!: :$' a�'' �`' }+t..7'. { :y... �_a.'a ,;v5,.- f. J-i;f,,. ''r,:',..:1.:'''' a}.J" y ,' •4.rr •.`?S'�/ - :�i ::4•.� �.-1� :�•"} �y�, rN,ru - -_ -e•:�.:�.;P.A." xr.• .�"•- :��•e�;a•• .^ ,r;..� �:. �: .••�; .'.it2:�C�, 'r.ru Y :, ••yr+•" �; .,i'.7 �'7 e!'�,, ::),3' 4r;)...' .:t4.':k:.:.':.F:-v'{•:i';i;?r:^P1=1"g .�,R.'�''• :10‹::'' r4-• '`.<.r`a. ..:.yr1 ,, .�v 4.''x-- .. '.,..' - l �1:_l k.-1 ..!Z∎ sf'F- _t401 S`• 1t. yi _ Let i,�•- i-•, r :M r7F:�•.✓b• K r! 1 >. ..- ar Y..:t� �+r, 3:fi.•:�'•' :..::+ •R a L �- F CQ 'y v i; i.',,... :+:r-+>_ 5....$46... ? , { Ss 'r' e' It 11 .: "a, �3 ti s 3 2,,c' 3 17' 1- 1'1.° room NO_.3-1V 4RAA rarr Dean. 'I*,/ r,..J...., If.. ..ta.. It.' .....j. trnoot R. Whit* and 1 . KNOW ALL MEN DY THEWS P.RBUNTS.,Vist-........-.....-...-...... .. ... . . . --- - Rano Slim White nuouono ono lure k•,-... ,, .1 -...............-......-........... -...............------..._.........._....-.....- .:1 P4 ' •••• ••• ••• ,e,Z,"...... in aniffidinZtOrOliirciblricarionyrumr.......-...--..-.. --.............—..--..-..................nfiliar*, , -•‘9, ff•-.);,PA, I to • us red by .... gill toil.Nahum and Cionaltaneo X. •RoSinean ! .,,i....., ....-.. --- .-- • --.-...-----.------ grantor ot. -S" .:., I . } I do hereby grate,bargain,WU and AM ivy mac the said grantee I' heirs and asidyns.all ths Altair- ... ,, .,,,•_,' Ih•-• ...i..'44, ! MA rtat PrePertg,with the timintimits,hereditament, and uppuristiances. situated in thr enmity al -.i'....t',• i In sh inv.on 1.,.;,1;7`•il I •• •- •—..... - ------- and Stele of Oregon bounded and described as Matra ie-wil: r • i...'.14•1: ..,. ;r.r.gurti V:r.i.',A 1 SocinninG at an iron on ate lino botwoon Apnea dale a, one Viola r .3.-cl.::ii. I •:`•-•re4R, Safl,,f ' heinc 1:orth Sr 31' loot 990 foot and South 26 root "rot,,the Hort:to:sot earner ,,,s•-i,:. I X' :motion 34 in Toursohip 1 South, Rance 1 Yost.; thane° South on nett! lino ',31:. 1,Mit 11 Coot tu on iron at Um Northaaat corner or land aan•:oyod to Hurry ilohino.n; '•- '*.i-411 t.honcso on the North 11no or amid Snrry robinaon tract North 79*0:!' .loot, 54.3.*: iIP: OP 1 to.:n iron; thonea South 73° root, 318.5 root to nn iron on tho lino Sot in V •el - .. . 4...4't•41, . Ar.r.Pa fal ter and Saloigh a Robinoon: Utorsee ::orth a2.7 Tent to on iron '.1. •.:,... .'-'•',..,." .:-;, t contor or County nod; thence in confer or •aid Road North ,9° 52' Znzt, 7." • . .•2:';;.(i'. ' rooti thong. South Se ,11 But 39,,a root to t'to place of hoinnir.r. I ,, ' a T's.',-?;,•:4 N-',..:.4. I ',7.- e.. 1 i. 4,.. ,..) 1..“,,, .. 1,..... . . . ,...,„....,,,m, 11".".'1''",", ,"''''- ‘` ....,. -..., ...e.--...,*7■..... •• ...• ,--..,,o,C.4r1 [W.I..... OCumn.runt I Ni- ---,..„----:,--,!-_-, Ls'74",ire oi,..: . I.' zlo A• 1 i.,:. 3,0.1X,Is'' ,s'' & •11 ,,7. .,..i,- 1., ..-f. „'Ai ikue..• -t.i :e.=•,—, 5,-.;-"'.2.... ",•,•;,,,... , 11 M • 1 :.1 _..■ . l', .- h. l' ,-.P- ,. r-,-'-,, -,';•, =--- .-- : il,.:..1*-;11 w..-.,... 4 0.14. ..V..:1, _,14 ._...: ...[..„....C. VA ;..3, •',.- ..,-i L.,E ...v , -7,2.- •--1/4..iv... \...NA.-`,t, - ,,----,---,t, ' .^."--""sru, IgoINt=',1t • ;>. , . fcK■=::i..'l (.0.-1; ,..t. to„, .....1' ‘,..- ,,-, .•4---•-.. 1...11-.. . .,:: qa., ..)u,.,•:',;.-0. '••,"''''.'''i I c.t''''' •4•••'±.71,: •:.';',.-•-,-*-'..4. •,;'.. 7;,',-•,-,i„,i --';„,,,1,.- :' -,,, ... ,..-. z 4. I ir,-,1,".'■,■11.9'.4. .'"'' ""''■ .;',';,„,....,„1. , ,. , . . ‘‘, N,,,•,,-,- ` . - -A.,. •,I-••„, L•.'„A .:Iii:.,?::,y.-1. 12i-T, '; L" - -- 1—- ' p ', ' !I '-'• -^ .... ' --II., To Hare and 40 Hob:the above described and granted promises unto ikr said grant"... T.7.T....'4;.;. 1 . . ....i•hiiP:..beim sad assigne forever. ll ''. F-1F5,-'74 II And the gAITHOr• de comment that....2:1.1._sr° lawfully sel:ed in fee simple of the above ,; grunted premises free from all inumbrouver,..—...--.......—........-.—....--------......-...........---- 1 q .....-........-.,...........................-...............-......... nut that- tir..:.....;; . 41............... ...........'ars:azteca tors and adminfotratorn shall warrant and/arrest . defend tho abate prattled prombra,and ovary part cad parcel thereof,against the lawful Maim*and • I! demands of alt persons whomsoever. itand.°-mut ma°.thia....-.--....28 day of .. .ftril... ....19.,:;. i' • 0.:.:•::4 ( Ai.) :.. ....:.4.1:::-.L.t.t.....i.{. - (an op.) el :II:y.:,, .........o.o. STATCIOC K ORP IV O0/R..C-.G...*O8W.12!!:.... .IA :..... . MEA ) ........—..... . BV IT RelitEMBERED.That on Oaf.- 2e day of_ ...... Al I'll A.V.39 51 d Z?,'.•;',Z,,.. i before;NC,the undersigned,ci...----- ...7.•°.1.4trY r11.!..1..tE....- in and for avid il County and.State wormarolly aria within mated ..... . .. .. - :rho.t is Tui w Vial°Roos In 1 s •Th•ci.i . ... ."- -••••• ------------......... , . ..- - . 1,1:1:1:4 I -...."-- II? P14 via ...... -- wha...-SX.1-.....knage Ionic -ttP L3-.4772 I to be the ideatical itteli*Inot.g...described in and who executed to within instrament.mid ackunart- • •.-,,, 11;61 ' eflord la me that r. is r executed the same freely and voluntarily. IN Th4STIVONT IrlisRgor,I have hereauto set my host,and ., ' . — I • • mul the day and year last above written. I i , - ,' : •. . • .. 1s, ,.. • 1.-_:,,-: h •. , Notary rnitlie-for Orronn. 1 MyConiotimokus Expires ii.:..las•s.1-............ , ..1 higr_zi. - i ; 1 r d t a i I i i -0 I .• .1 . 1 ! 6 j.i. le il I itek II itC1 " I 1 i .. .9 IQ 1 .6 ''K . Is. i Aig,..1, .02)-1 cl) • 1 ', ; .11 .1 i 1 it'i •ss .. Zi it •1 4 g Iji i'I■•1 4.4 T v irg VIII - .2.4 .0114 ; 1 i.• i 6:5,f-t .:• '-"•• :I L:... I i 1"' ' %,,-t:1 at..:ti.1 1 _< •iii 1,,..:., -• I' -,-, I:i.i. g - .14 GIL... ,,. s i• .- 4..., i -sai ...h. , IN .• 1. . 1 klAos.k....1 1 ., . ...:. • . i. ....A-a :1 c?, "a-Oli.:1 ft -17 : I • 1O. . , r :I'l g 1 r. 7,. - l• - liiiig 43 . ii: . : i 1 ... ''.V • i ! 1 l' U -. ...11,4U 1t1 1 .... I ----- -- . . .., __ . • :•. , . 4 . . . . - - -• , . —• . ,:k •. ' . . . • _ 4 r -,, /i , ,i . 1, . •,,, - -- T _ �,— n4 T o .by.':v-' g , ..0.•m -•f 7.''...-...":: 7$/ ,• • 1 sibs•ALL iw:RI'IHIS PRICRENTS,Ttiet I,E8Iaf M R.N66IhDfli, a single b `I d and valuaelo 1,' •--_ Boman, granter, 1n ooaoidsretlm of Ten (810) On1Lus and otter Roo 1 •-- id Cheater L.Robinson end Reelyn H. Robinson, grantees, J_ �` ... _.. consideration, te ma Pe try r._ -- -- + ,1.Ojeee, their heirs nod _I' _ 5` • do hereby grant, bargain, sell and evu.ay.mita seal C- - i f.jasairpo, the following real property, with the taneoaate, hereditament° ono .} £� A .•i - --- -- atlfna'tenances, situated in the County of Washington and State of Oregon, t:c,nocd _ _ '- end described ae follows, to-wit: gn undivided one-half interest in and to the westerly 250 feet of the { following described trivet of lard: a - = Be8lrminv,at an iron on the line between the land of Woo Walker - - - -- iti - 102 v8nfe feet with, said term section Noth 89°L5' Weet 990 Cent and Forth `�, 34, Ta fset from the quarter eeotirn corner an the Heat ride of hence Hoot; ` _ -- Beet W&ahtnf!OO County, Or•ron; thane 34, T7r feet 1 south, Rants 1 , rr- - - - 1075.7 feet to an iron an said liner thence North 79°OR'treat 548.2 feet to o 01' West 2]9.6 fo^t to en iron on the line batmen . .. an Iran; berme Routh 7$ O1 _ - Agnes Welber and thence South Bs• y° 0' £Mtc7I9.5 feet withelp point beginning;to a; croei aeros more or less. __ beginninf.i conLainiret 19.$0 r - An=fielded c nr-halt lntoreat in and to the Colloninr,described land, a art or the property described in Book 104, ere 517, "aehtorto(0n0-Zt�ode) -: conveyed to Chester I.. ' hart-inning at the Southeast rot rdod in of that traetr116, R0eords; Licence Robinson et al by deed recorded in Rook 31,0, pa :.. `' North along the Hoot line thereof, 1885.3 feet to the center of^cholla Ferry Road; thence Nar theeaterly in•cud center of said road to the oa't Northerly corner of said tract as described in Nook 101, ••in, 517, Prod !� Remrdet thence South m the Fast line of said Harry L. Robinson tract, !lest on the South line - ! -" 2226.5 feat to the Southeast earner Ur point thanes l_ of Bete Barry L, Robinson tract to Ur point of bort:ming. •- _' PAcentinr thwart."'the fblloein.;described tract of lend: - point in the canter of feh-3.1a Terry Road S. 0°19' t'• _ _ 8146.14 fo•at d pa = 846.E feet end N. 72° 30' F., 288.8 feet from the i;melon County, omen,"n the north lino of Section 34, T15, 11.1W, !'.r %- -- �nd'rich"nveyedino point is the northeast corner of that certain teach or lend conveyed to Chester L.Rabinaon and other by deed recorded Tenln^ v.•. _ "_r Tore 116 of Book 340, Wadtinnton County, Oregon, need R,corda, and _ thnnco N• 72° 30' H. 162.0 feet to a point fres ankh an iron bear!, �` w, 0°19' W. 31.5 feet;running thence S. 0°19 R. 365 foot = rod; a•nn+n^thrnlce 8. Ns• 11' W.194.23 feet to on iron rod on th^ cast - ;•.. - -_" - line of the above rated Robinson property; rvnoion trance!:. 0' '_or p• _ _ 0° , R. C feat to the 'i" 223.9 feet to an iron reel thence 0,creuinf to 0 19 31., —_ -- rLnca of ber!iraitru;. ConYrrini'1.20,cree, Bomar leas. Subiact U- the i-u-itc - - - „ = ---z of the m111c W all Pat i,no lying within the boundaries of public rand . ivm� ,.-n To Hava and W Hold, the aLuva described and rrent.cd premL•.oa ar.fu ...' �.— r- r•-�-� the esid iru,we:, their nears and oestrus, forever.• t' 'r•? 1 - Mid the rranwr above nap od does oovertant Lo and nith the abovenamod rrentrea, Lh air brit'° std aes!l'>n°' that oh° is lawfully cei.ed in fns sfwnlo of _— u t _ �- �-' -- r I 1. .S � sr=,r✓ ., -- ° 1 -•3—fir _ ,:?7.14.7*:::,..- -. ._ _--. .... .,+r-._. ...- +fit_, - .r — -- - - L. ' _ .... _ ... _- rt - �c�- .. `) .kcs'4 ..n .y.,tcrn x.: a __ __ c m e- n. .r °•.. _ :rr % .;;C:i j..`'°'•'r S',t'-1 rlw•.-y ysic• •j_:r-7r . .. .... .'•�SrY. �.'-•atilt:i1)'x�x ?f 4,au,. y,�,YS 1•,t!,4:i'..7f.i:i , . . �'. __.._._- ° 7 . �•`.'r;'-, r it: .—• . , - -. tta'rdiro1f, teTIUd. j{ " f —� Sr.�Rad•yiwdaaa are'free True • , 111 .' inn eri>i rinse'and •f,,• .., Rt 1t11•.iod ll *Ole iioiootors and ad;lni4 Craton shall } n warrant!RdYo"'.•s.dellnd•v4.•:• espial }"*i¢/I; :"S oil ovary part end parcel. ; jr`' t1l.ttaeSe Rki�IS'Y.t�i 1.` Iv1j.';,` y.,or e11 imam' iascos whomsoever. •1:! lfienidi iq'tiitd's?od'iwl'tlda' day of , 195b. = _ - .-_-- t ! .5faJ�w 1(58AL) _ - • . STATE fP CREDOS ) • - ) 10 County of washington ) Sm-. p-_ BP.IT RRfLIfi RED That on this ,/,).• d 'of• y before me, ._-- the, yi undersled, a Notary Public, in ie,d for eald County and State, personally - - ,, • •• .•appeared the within naasd Bertha If Robinson, who ie known to re to be the •• identicel individual deeoribed in and who executed the within tnetreeent and ' •aalmonledfed to se that rho executed the ewee freely end volnntariiy, IS TIJSTIUO•.1I:THERH)T, I haw hereunto set e'heed and official seal , • Cho dq and year last above eaittan. —_ • }4j .'�.�•• i' 11ota c a• ro on _ !•g 11''...-'•kV.1 il Conduit= Expires:• le rJ ' 'a Id G•`•' �r • •NIe1111114:,• -- . -.t�...i::.... .. .. . Ca1 reierta,d 6.0-4, (II tea.a.111 M _ .. ... .1 R.w.roaco-y ear NTT MAIN — 1 • • - -- - ".•' h..� ?f'tIR K. :41.1•t,•.,' 4• 4i�i i, R.. L' rl. • . -' '•- - — • "° z'1Y.in etc 11...dvi10..k• •<rrs -:01,,d'3S 14..'14.ir%•.);: r ,:i. . :0,eN 'p .'l,' .t-r°T L] ?4:4 'C't (S4,th i;'•' 1 A I y•7.a: >�' u{ ti . _ _ .� ,47,!...,••••,,4,V :7•11. 11 • � ' , 6 20 1 - ..... 11 rl. I, KivO3v ow,MEW BY T11dS1 pIparIMTlii;11 l:Rf! the Nr 7lgbiwaon, a single woman, 1 V.,I u•, I grantor, II - `'. I 1• `II In caadderatlsn d Ton (310) .: • -. .. DaR+n. I. �' .. - l• li I' and oilier good and.valuable conoidar$Ilsd - II - I I. me paid by CRIISTER L, R06I11S121 PM SYLI.Uz Z. ROBIN901, grantees. T 4 .de Hanby grand,6.ydn,nil and convoy uafeaaid gsaNtua,• I• / - t ht _tee 4L 7ehe-aN/-uaROnb-.0-tb_Lcfloe/eg.rW-Propet4',.Irith Ur _ �.r.. , -1, tsnv.dt,l.redllartatia and appurtenances sifwfd in NY Courtly al W.shittgton ASP- • and Slate of Orefon,hounded and daactihad a./mood fo-eli,. •``t I Ir: I An undivided nna-half interest in and to the westerly 1,0 feat of the following described t , F If tract of lend; ' i;, aegiralog at an iron on the line between the land of Aguas Walker and Viola y. Smith, I `- - - .said point being North 89' 45' Welt 990 feet and North 1023.8 feat fro. the quarter section l - - �_. corner on the East side of Section 34, Township 1 South, Range t West, Washington County, _ _ a Ii,>, .Oregon; thence North 1075.7 fest to an iron on meld line; thence North 79' 02' Weer 548.2 feet to an iron; thence South 75' 01' West 218.6 feet to an iron on the line between Agnes Walter and Peleigh 8. Robinson; thence South on sold Line 1121.8 fast to an iron; I - I• c: ' I thence South 89' 50' East 749,5 foot to the point of beginning, containing 19.50 acres, • r - I more or Less. I all •_• ' An undivided ow-half Internet in and to the following described land: - - --?,E ,I beginning at theSoutheaat corner of that tract conveyed Co Chester L..Robins n it al - - - -, — - -- li by deed recorded in gook 340, page 116, Deed Records; thence North along the East line i ■ 1 thereof, 1885.3 feet to the ceatar of Scholia Perry Road; thence Northeasterly In said center .. ... Il of amid road to the most Northerly corner of said tract as deacribell in gook 104, pose 517, - feed Records; thence South on the East line of said Harry L. Robinson tract, 2226.5 feet to _ `1 Ithe Southeelt cornet thereof; thence West on the South line of said Harry L. Robinson tract • • -r to the point of beginning. cri 40 *7: Eaeepting tharetroe the following described crane of lend, - Beginning at •point in the center of Scholia Ferry Road S. 0' 19' W. 846.4 fast tF EL, and N. 72' 30' Z. 288.8 foot from the'Quarter Section corner on the north liar of Section �^• 34, T13,RIW,W.N.,Washington County, Oregon, and which beginning point Li the northeast corner _- -- v .'",';i. , lot that certain tract of lend conveyed to Chester L. Robinson and others by deed recorded on -= .page 116 of Book 340, Washington County, Oregon, Deed Records, end running thence N. 72' 30' H. 162.0 lest to ■ point troa which an Leon rod bears e. 0. 19' Ii. 31.5 feet, running +thane. 9. 0' 19' W. 365 feat to an iron rod; thence runnina N. 89' 41' W. 154.23 feet to an Pr;. I iron rod on the sent line of the above naiad Robinson property; cunning [henna'N. 0' 19' 1. • :283,9 feet to an iron rod; thence continuing N. 0' 19' H. 31.5 feet to the place of beginning. - , ' z'- Containing 1.20 acre., more or lees. Subject to the rights of the public to el[ portions 0lying within the boundaries of public toads. ,., tt� l w k• l' -- -- To navy and to Hold,(ha above deviled and franfd -' 1 pnmima unto the odd yrart[r CI. • -_ _;. 1 the l r heir.and towline foam,.. :- - _ . ... 1s ' And 1. - - -• tle grantor • -:e I; I oboe.neared do covenant to and whh the above nerd fa.ntea., their Mn and sail,•that - . �Il[ : i I am hawtch,aoisd in tee ebnpl.d the oboe.granted prrmiw,that the show granted pnmia.e w Is..tram 111 encumbrances, - , h • r: and Ihat I wiR and my hd,o,er•rwtsril and ednv'Nrnaton,alma warant and late..,indeed tie --` _ .. oboe.lranfed premiere, and mewl pa,t and parcel Mensal,egairuf!1e lawful rJdtns and drarends of all _ \".1 Y - person.wh.,naoever. - '> _ d re II Witness my hand .. d IN. d.Y d October .lP 57 . cl_ a.. I' Iturufad la the Amman of • . I - ---- +a. .• 'I 1 S +: ➢,, {. ..i1I'41'F`t-t'7t:7--I.raj.- _. '_t-••---•I�Jr _ _-_ ♦-'v-. -- f .b • • • )74 kcpo- n'Y _, sal r- STATE OP mutton, Cooed,d .Wabin`ton BE IT RENE3IDERED,Thai on,thS de:d •G•wMr /( ,It 51, &fora not t•7odarddr•d,•Notary Pubtla in wilco add Cooney and State,prrotrfl,speaand 1tr within nerved Sae cbs V. Loldn.on brown to ow to bx the identical h+Fldud dwelled 1n led who mewled the within tostrvmrd and .duowhd/d to me Oaf BM menthol the war trwir and voluntarily. tali �li««r,. • • fN TESTIMONY WREREOP,I hay.hrwnto.d ray hard and affixed ate d .1 r.l f•dhy and now lad shoat widen. tea. Notary Ior 7o s y M,Camml..ar wine /% 6 tJ • LEASE FORMS/WRITTEN AUTHORIZATIONS �. _.__mss t• r �'r •iwR"�•._Ji .'9L• ,,, .. •�y..7cT". :.• .••v. .v- or" IV. .:.:` r.'_u.ia•',, .. . - ".r. . py Y. :T•,- !;;•,/ral0 : ,, .MBE.a;440., ::?;��_s 44 �•y :+.:gtm,,f h �i'•R •4 +l eta ..e•= ��t A.. 1 r .n• :L'1 'e.,1 - .. x . ... - -.1� '7..‘,-.,..1 1r :;i^.% 1ti_1 !r ,. 2'..._s;., •NS.,:. 3 ..1(..-- -:.- .a_4,--- '•,'° °at s• - . _ - •I. �'.• . • .ai-•i1r– •t i•• -iel .:... • I .T•.Y.•. .i .. `••- -.. • • y • 8600489.5 . ' . -- • AdS IGNMENT — 11 '' •. visa FOR VALUABLE CONSIDERATION, the receipt of which le. � ��, I.-. hereby acknowledged, GEORGE H. KILL7.AN ("Killian") hereby Della, aseigno, transfers %nd seta over unto NIMBUS CENTER �, -_y Q ASSOCIATES, an Oregon joint venture, all of hit right, title • , ,:i...--.7,_ end interest in and to that certain Partial Assignment of (-1--;;;;;;-.7 Interest in Ground Lease dated November 7, 1996, between KOLL-INTEREAL PORTLAND, a California general part.nere __hip ;.� • " as Assignor and Killian as Assignee, a memorandum of which ......... has been recorded in the record** ot Washington County. = Oregon. Sy virture of tale Assignment, Nimbus CenterAseoc- —_ elates acquires all of Killian's right, title and interest . in and to the Lessee's interest in real property described in Exhibit "A" attached herrro and by thie reference incorpo- -�'- P-3 rated herein, w , - LOCO GATED thie 31st day of January, 1986. _ ' ^ G ergs }h 1111 An m===. 1.• immer • A-gi STATE OF OREGON an. - "F County of Multnomah ) — Z: ...• .On•.f%to 31st day of January, 1986, personally appeared the abU i.•i%alse GEOROB !i• KIL•IAN and acknowledged the foregoing • 111117 . tq pmott q Abe his voluntary act and deed. Before mei _--- :.,.:au N V‘6.•a i �,, ' �. +14 4"".' 1 _ \."11•• r:',° ary �3c for Oregon / ;__ '.`e,il.'pM, My C ion Expires* 4 -41 _• • y 1. Page 1. Assignment / -, UPw 9,40 ' •-= asp: /- 01/30/86 --• -�.�.�' g„�..�. • .it.-.., '.ir t•�: h• •--,t f!1.'}y'O S'. . . -�•1. . c r�.4•..• S c .. • • W►ti,.e ., .... •.♦,• I X=–� iq r ` ; '}. f ..•.V � it�'d.�d:: Si. .•j •. 4■' sr1 i� .•.[R 7��12',.i a vim."- w3i!I'3l" 'tai .f `..,� ....0.: _ ,. .� „-' . 7'�v�n{1 a "''yyYr. 4.ti: r•,,1`n 'F'Gf'f.*It4.+.. �y. .•i , ;��.. _ '� NAY V , - , '� rZ!7/ ...'-.. _. 1 E'.1'1:1";"7 --------. •• ,.• ''''•"7,;.',W14.•••••-.7-r.its•-e-u.14-;•.. c.•?1?•0.t.Ltrz.•., 7•72:77,-.74."'::....f... ;;•;::•-•.::.-.••-••••.;••,.,.,,,...,.,,.. , ..,.,... „ - ___. '"'"•' ---' 7 ii"-:4;&•-•••••• :-?:;,..4-Ar 144X44:44::. .!:•74.•,=:./..,.+ir.g*EItig,:-, ;;-t...-.V.:;:,'2••• 't. •••••1,17.4.I;A:•=_,4'.fi,.. 14",r,:...--I"'" :I:■;_,17.:;*:- --•'!,..;:—-.7--t`2.•,..--- .....r......-., ,,, .•••• it.s.,-.:•-.,s7,...1.4;•.!..I.A.-r__.;*7:1,0-;..:-•:•••••,...":„.s. .,„i- .r.: _ T.:. ..• •-•,:a•..,:_..,:,:.,_;„(s.41,..,•,... e7-1--,• ••••snio~sOz;si.,.• ... --,..,1:..,,W ,14:-As,:.•,. ,. , --- _.--•-•• .. -. -". .,- -$ ....-• ' '',--.-.---.•,.7risat+-21W5:..trPs.W .....• --=----- - ;?1* - ' -'-' - ' ' '—''' 4. !;.;.■...24:.....,,,../9.5.0,....11.,,ri,„r-..o.-; -:::•2;•:2! .-- '* 't ' ' *- ' ... •• :. ... 7 1 -;.:-t .- .. ''''. - -;;;_iiii!,.• .1 .. ..7:-..-..' ' .••■WM • • . . • . '. 1 " • 'I.e.•..".• ' . '..'1 • • • . . . • , . . : . , • 1.1 ..... — • ' .. _..... . ' • . •'•• • . .. --nr.-6.11 • • • - . • •• • . •• . . . •-- • -. . . . ._ • ' • .... • . - • • 1, .-.- 7 - . Ii• :: .-..,.-.1.-.7,- - . 1: -.••••!-..7rf. •. ..• , ----- n.q 0- ; • .. :111111EZ, • • Title Number: 26-15019 •. . :.riiiegoo-,• =• . , . - .1: .,.._- ... .1-.-- - SECOND -__ i11 AMENDED EXRIDIT "PH , L.............. .,.. ,----- ---. • • I.:_ . ....._;;, --•- .. .. A tract of land situate in the NortheaettoneztinciiI tanr,'Clet;tOrTiggird, . Townehip 1 South, Range 1 Weei..,' Willamette Waehington County, Oregon, being — ..._,..., TIOARD", a duly recorded eubdivision, en d being more particularly a portion of "TKOLL BUSINESS CENTER, described as follows: 7.: ---,: :Vilma.;__ ---- terly right Beginning at the Southeast corner of Lot 1 of said "IKOLL BUSINESS on the Southwee , CENTER, TIGARD", said point also being o4,' way line of S.W. Nimbus Avenue; North 34°35'26" thenoe along said line and along a 230 foot radius curve to the right, (chord Dears 1213-1-ctre". ' --— West, 33.39 feet), a distance of 33. 2 feet to a point oftangency; - the thence contiauing along said line, North 30°25'38 ' West, _ ..11 i-- 40144 feet; thence North 75 feet to a point on Southeasterly right of way 1 . .z, Q251°5"iWneesloi 17.Wb.7Scholle Ferry Road (C.R. 346); thence along said Southeasterly right of way line, South 59° 35'28" Weet, 380.65 7...... . line of Tract "A" of said ytIleince South 7525,38" fallemm. .:7;i2 to a point on the Weeteetri CENTER, TIGARD"; thence along the Westerly • thence continuing a Etilt"a1PLIZNESS line of saltnTgrz?)te, ;::t Westerly -- 1 South 29"4910B" East, 64.85 feet, __ ----Li I ... line or said Tract "A", South 74"49'Ob" East, 232,25 feet; thence North 59°25 '30" East, 69.02 feet; thence South 75°25"18" WV - I 22" 64 .. .,e North-..%., ccool 22 East, • feet tnew. ...... ." „ _ feet to a point on the East, 132.20 59 -. -. - K.. ,..,,a thenze • " Southerly right of way line of said , id s W. riadiv4. ...2-1--1. • HrtbAce-. 1 ---.*. along said Southerly right of way ;.ne,52"48'28" West, 111.72 feet)along a 230.0 foot radius ... curve to the right, (chord be North ,a distance of 112.b5 feet to the point of beginning. _____ __........1 ...._.:..iii ■,.-'. . -..---....zat Vat OF CREGOS4 _- 311iligi BS County of Washington —mate ao.astkt.4,, id • • WI. , , I,Donald titasori,CAlactOr,o)Assassnont r.- 7axang." .Ws,(WICIO'FAsuiOttior ol Con- • :•;41.iiti sowitszosmihtipOsiid.county;do.tvgaby;oulity?1st *. p=---- 77:7=e1 Ito kailnirtlesi'd.writirp VA&roptivon ......-.77 -- I.74:441'.-. ling tscattel W.lowlfirt.00Orcts Ai taki ccurty. 1,6) .... 1 --C*101 I ,....:!•6;•.6.0 • ' 14.4i. otagtor of :) • . A :I;1..#114Maitlii Wok'1"- , ex• ...:.: _.....4 • __T.:. . ...._ ,,...,.,.....,, ...- ( . .:k . ,,,,. .• .. ..,, ......, - on m. . ._. . - KM Mil 3 I PM 32 27 ........•. . .r.T;7.i..7.7TIn •-- _...-.,.. . __. --1-r-1,5•1 ___ _ ...mat6 ., . ...............„ , ,... ... .. • ,-- .• . ., ... . ..i.e -..,, • ':..'e--- -. .-.. ,..-:, -• . . . • • . .... • _ •to aRiUPEricitar • . _....,;.....".,....,...; ,...,,,.,......;......... . • ,..z,.,..7.:..,...r.k.:,•••.,•••-:;.r7..4-1 ..s'f,)A.....ar:,-...41.7.1..,:ijk.i..,..;44::::./A;•:•;;:..liA•-■.;.: ,.• . • •.:- : :•:•er.•••.1..5. -- •*-4. '''''• -•••.'::%.:...r.1-. ..;.-7.2t40, • . , ma4..r. ;; ..••- ,,1, .4::, ..... ..‘.p.1;-,.,-...... r9.43.7,...k•V7. ......-•,•,...,74,-.....i f.i... ..: ..;.:: .. . •-•4 .4.-4_•.. • -..!. -. . •, 1.-4;:e1.. .1; ::-,,.P.;;,+. ti.):410e■— .,,,,i--_,,.4...„---.. ..a.• • ,,•-• '......•,(v, ....7:3„,-,,•7.14i,..'Mt:I-purl:4.. • _it-F;:k.rt*!f7.'471.. • ..•.• ,.: ,'.-, "A r.`•1. -44,:,..1•14,1;'it ili •4...•••••••••••• • ..""--•"-T''''.."••••■•• .-.---- ...;....,,4 rt...14`,'•'• V 14•:•'•4••,...3i4.. Ir... •*• • .4. ..4!•.9?le•.;..;"•14. a...I.' -i s . 414-••••-.CO- 'i.,4-•-•••'"••.1- • r4-4..144 :wet_LL.,i„..7 •"•',:••• , .ity.....•....2-;6.71...., .1, ., ..,:..,l',...,,.,....;,....e, „...c....„.....;,....=- -,:-r- ...:.:.m2A.:,*...;,,•,'.,• ...: 71...'..:s1.- :-.1:I.;4=s--' ' 1°'",'!":•::.fra' ..----.7-;.:--..,...41,4,-Aiiggiiik.„:4:-P-i4.7-z^ 7' .:,.......,..k:0;e.......4....,• •I Ir.+ .:,.-•;;;,.:-.......-,...........•• , • • • . .i ... ::.7-.2,,..f.-..re.,...,-,''.4',,,,' ------• . •-—.--- - _-,,.-,•••• .. -.`nef127:•"rr "' r. •11,•c•-•14'.''.,,e.tr■ r.s;,*i...•.1,1,4%,.,.2011 e•••.• ,•- .• ...-- . . .4: ,..._,,::fitil....i.4u.'&,•4. •_ .---!-,4,- . • PARTIAL ASSIGNMENT OF INTEREST IN GROUND LEASE THIS PARTIAL ASSIGNMENT is made and entered into this day of .fl1.. of ,c-( , 1985, by and between KOLL/INTEREAL PORTLAND, a California General Partnership (herein "KOLL" ) , and GEORGE H. KILLIAN {herein "KILLIAN" ) . R E C I T A L S A. The subject matter of this Partial Assignment is the real property described on Exhibit "A" attached hereto (herein the "Leased Premises") . B. The Leased Premises is a. portion of a larger tract of real 'property described on Exhibit "B" attached hereto (herein the "Property") . Fee title to the Property is owned as follows: (1) William R. Robinson and Constance A. Robinson, as tenants by the entirety, as to that portion of the Property described in that certain deed recorded May 10, 195/, in Book 320 at Page 312, Washington County Deed Records, and (2) William R. Robinson and Constance A. Robinson, as tenants by the entirety, and Chester L. Robinson and Evelyn A. Robinson, as tenants by the entirety, all as tenants in common, as to the remainder (herein collectively "Owner" ) . By Ground Lease dated May 19, 1978 (herein the "Ground Lease" ) , Owner leased the Property to MRT Company, a joint venture composed of T. L. Brandt, Michael P. Duyn, and Ruth Jones. A memorandum of the Ground Lease was recorded June 9, 1978 at Recorder' s Fee No. 78-26058, a certified copy of which memorandum was also recorded October 9, 1980 at Recorder' s Fee No. 80036234. C. By Agreement dated September 30, 1980 (herein the "Agreement" ) , KOLL acquired the entire lessee' s interest in the • EXHIBIT "A" • A tract of land situate in the Northeast one-quarter, Section 34 , Township 1 South, Range 1 West , Willamette Meridian , City of Tigard , Washington County, Oregon, being a portion of "IKOLL BUSINESS CENTER, TIGARD" , a duly recorded subdivision, and being more particularly described as follows: Beginning at the Southeast corner of Lot 1 of said "IKOLL BUSINESS CENTER, TIGARD" , said point also being on the Southwesterly right of way line of S.W. Nimbus Avenue; thence along said line and along a 230 foot radius curve to the right, (chord bears North 34°35'26" West, 33 .39 feet) , a distance of 33 . 42 feet to a point of tangency ; thence continuing along said line, North 30°25 `38" West, 224 ,11 feet ; thence North 75°25' 05" West, 67.87 feet to a point on the Southeasterly right of way line of S. J. Scholls Ferry Road (C.R. 348) • thence along said Southeasterly right of way line , South 59° 35 ' 28" West, 380.65 feet ; thence South 75°25 '38" East , 119 .82 feet to a point on the Westerly line of Tract "A" of said "IKOLL BUSINESS CENTER, TIGARD"; thence along the Westerly line of said Tract "A" , South 29° 49' 08" East, 64 .85 feet thence continuing along the Westerly line of said Tract "A" , South 74'49 ' 08" East, 232 .25 feet ; thence North 59°_ 25 '38"East, 69.02 feet ; thence South 75°25'38" East, 132 . 20 feet ; thence North 59°34 '22" East, 64 .59 feet, to a point on the Southerly right of way line of said S. W. Nimbus Avenue ; thence along said Southerly right of way line, along a 230.0 foot radius curve to the right, (chord bears North 52°48 ' 28" West, 111 .72 feet ) a distance of 112.85 feet to the point of beginning. 4c=DS'GRYPTI Oti ,1Noca1 st u :�tthWe f�4 4 Situate itiTrth rth q terO cti.o d he. Southeast• quarter or.(Setpn,37nd. Nbct gua of Section.35i Township�'J'� outht R�ngc 1;West hH1j�AmcFte��4�x than, Washington tounty;Orcgo� and 'e hg dcscribc&as•,-ol1oWgs, l Beginning At 'the 'intcrsection'of .be:ee;terly: right-of-way line of the Southern racific Railroad'and rthe•North line of said Section; 34, and said point being.North 89''52` '50" :West ,on said Nora} line. a distance of 327.71 feet froni, the Northeast corner of said Sec ton 34, a scone 'founds thence'�iorth 89: '52', 50" west on said North line and Northerly right-of-way 1ir�e o'f;sai'd Southern Pacific P.as lro:,d a di�••tance 'pf -36:50.-feet; thence leaving said Northerly.. line:: and running-South. l9' on'.said Westerly right-of- -way line a distance cf2047.46.:feels thence leaving said wc,sterly right-of-way• lln� nd running North 89' 52' 50"'Wn.;;t,•on the East- erly extension of the North line of that tract conveyed in Book 510, Page 110, Deed Records, said County, a distance of 777.00 feet to the Northwest .earner of;ssaid_ tracts .said.point also being on the Last line of the recorded...rlat,of aleck' Bulli 'thcnce .leaving said ;..+rtn line and-running North 0'•.22'• .24" West on:said East line a o:.tr.nee `of 10.45. iect''to the'Northeast corner of.said .black Bulls thence leaving .said:tact;line and running on the Northwesterly lines of said Black Bull- the following .courses: • .: ''tl. 83° 38' ,25" We.. -43.:4 feet: .thence.North (r 19' 12" West, 145.94 fe t; . ti:unce 'Nor.th 45"53 :43" West','-.329. 12 fr:ct; thence North .-1. 44' 1c". West; :28.,4'feet; thence.North -10'. 3G' 11" West. 109.04 foot; thence North, 4.'' ►i,',:8"..:West;•'170.66 -feet to the most Northerly r.)rthwe:t corner of said Black bell: said point also being on the line of the recorded plat of'Coglewood: thuncc leaving said Northerly line of Blzck:'Bull and running on the East and Northeast- c:;v lines of said Englewood the following courses: ::ortit 0' OG' 01" West, 390.11 feet; thence North GO' 59' 02" West, 454. 5 feet; thence North 72' 43' 40" West, 246. 16, feet; thence ::or;:i 84' 23'. 47" Wcs;t;: 65.bG feat; •the"cc North • 7'_03' .29" West, 161.:)9 i ec t; 'thence South;77'`'32';•32" t.est,: 173.3`]•foe t to a point r,.. use Southerly :right-of-w ' .line of Southwest' Scholls Ferry Road (County road l348); thence leaving said Englewood and running on the So utn right-of-way 'i inc. of Southwest Scholls' Ferry Road the following .courses: 1:orth 59' 34' 22" t..1:;t. 932.35 feet: thence North 72' 42' 44" East, 20. 30 feet; thence North 153' 11' 12" East, 301.66 feet; thence North 53' 19' 29" East. 20/• 37 feet: thence North 34. 21' 36" East, 151.21 feet to a point on the West right-of-way line of said Southern Pacific Railroad: thence 1cav:si.1 said South right-of-way line and running South :5' 29" East, on x.sid West right-of-way line, a distance of 408.82 feet to the point of beginning. EXHIBIT "B" LESSOR'S ESTOPPEL CERTIFICATE AND RELEASE This Lessor's Estoppe Certificate and Release is made and entered into this ? ay of December, 1985, by and between WILLIAM R. ROB! SON and CONSTANCE A. ROBINSON, CHESTER L. ROBINSON and EVELYN $. ROBINSON, hereinafter collectively referred to as Lessor, KOLL/INTEREAL PORTLAND, a California General Partnership, hereinafter referred to as Koll, and NIMBUS CENTER ASSOCIATES, an Oregon Joint Venture consisting of GEORGE H. KILLIAN and JOSEPH W. ANGEL, herein- after referred to as Associates . RECITALS: Lessor is the Ground Lessor pursuant to that certain Ground Lease dated May 19, 1978, memorandum of which was recorded on June 9, 1978, as Recorder's Fee No. 78-26058, a certified copy of which memorandum was also recorded Octo- ber 9, 1980, as Recorder's Fee No. 80-036234. Koll is the successor in interest to the Lessee thereunder. Koll desires to assign to Associates a portion of these leased premises the legal description of which is attached hereto as Exhibit "A" and by this reference incorporated herein. Pursuant to Section 12. 2.2 of the Ground Lease, Koll desires to be released as a Lessee, and Associates desires a direct Lessor/Lessee relationship with Lessor. Associates further desires Lessor to represent that the Ground Lease is in full force and effect. NOW, THEREFORE, the parties hereto agree as follows : 1 . George H. Killian, one of the joint venturers of Associates, hereby represents and warrants to Lessor that Killian has a net worth on his most recent financial state- ments of at least five million and no/100 ($5,000,000.00) Dollars. Lessor hereby accepts said representation based upon information supplied by George H. Killian to Lessor. 2. Lessor hereby represents and warrants that the Ground Lease of May 19, 1978 remains in full force and effect, and has not been modified or amended except as by written instru- ment duly recorded in the records of Washington County, Oregon. As of the date hereof, the monthly rental obligation pursuant to Section 2.1 of the Ground Lease is the sum of $8, 351.00 per month ($8, 151.00 plus the sum of $200.00 as consideration to Lessor for consenting to paragraphs S and 6 hereof) . 3. Lessor hereby consents to the assignment by Koll to Associates of that certain portion of the leased premises described in Exhibit "A" which contains 105, 715 square feet. Pace 1 . Lessor 's Estoonel Certificate and Release 21 : 7 DPW For the purposes of computing monthly rental, it is agreed by Koll, Associates and Lessor that 105, 715 square feet is 7 .99% of the total leased premises. As of the the date hereof, pursu- ant to Section 12. 2. 2 of the Ground Lease, Associates shall be deemed the direct Lessee from Lessor of the property described in Exhibit "A" and shall hereafter shall be responsible for the rental pursuant to the Ground Lease therefore which sum is presently $651.27 per month and effective January 1, 1986 shall become the sum of $751.27. Lessor specifically covenants to comply with the provisions of Section 13 of the Ground Lease with respect to any mortgagee of Associates or the mortgagee of any lessee of Associates. 4. Koll is hereby released from any and all liability pursuant to the terms of the Ground Lease for that portion of the leased premises as described in Exhibit "A" . 5. It is understood and agreed by Koll, Associates and Lessor that for the purposes of the Renewal Term pursuant to Section 1 . 2 of the Ground Lease, as amended by instrument of even date, that the then owner of the leased premises described in Exhibit "A" may renew the Ground Lease independently of any action or inaction by other lessees. 6. It is understood and agreed by Koll, Associates and Lessor that for the purposes of the Option to Purchase pursuant to Section 17 of the Ground Lease that 105, 715 square feet, the leased premises described in Exhibit "A" , is 2.42 acres of the total leased premises and that the then owner of the leased premises described in Exhibit "A" may exercise said Page 2. Lessor' s Estoppel Certificar.. anti n ,,�a STATE OF OREGON ) ss. County of Multnomah ) On this day of , 1985, personally appeared the above-named GEORGE H. KILLIAN, managing joint venturer of NIMBUS CENTER ASSOCIATES, an Oregon Joint Venture and acknowledged the foregoing instrument to be his voluntary act and deed. Before me: Notary Public for Oregon My Commission Expires: STATE OF OREGON ss. County of jUj}n �� ) On this ) day of :41044,0./U , 1985, personally appeared the above named WILLIAM R. ROBINSON and CONSTANCE A. ROBINSON, CHESTER L. ROBINSON and EVELYN.$ ROBINSON and akknowl'edged the foregoing instrument to be their voluntary 'act .and deed. Before me: SM p •-) Notary Public for Oregon My Commission Expires: /.3/0 ' STATE OF c1 E } County of N T ss. On this it day of D. _r $ j , 1985, personally appeared .02 ' It t and V ANA{d jgV • k , who, each being duly sworn, did say that the former is the y ' ��nd the latter is the VICE Sjt .�lµ of the KOLL COMPANY, a California corp- oration, a general partner of KOLL PORTLAND ASSOCIATES, a California general partnership, a general partner of KOLL/ INTEREAL PORTLAND, a California general partnership, the partnership that executed the foregoing instrument, and they acknowledged that the foregoing instrument was signed on behalf of said corporation as a partner in the aforementioned partnership as its voluntary act and deed. Before me: . , a, 6) .,, ) Nota Pub is for . fie y� My Commis on Expires : -40/9 Page 4 . Lessor's Estoppel Certificate and Release LEN SCHELSKY • Professional Land Surveyor 7145 S.W. Varns • Tigard, Oregon 97223 (503) 639-0191 Ikoll Business Center Lot 1 & Portion of Tracts A & B December 31, 1984 LEGAL DESCRIPTION • A tract of land situate in the N.E. 1/4r -Section 34 , T1S, R1W, W.M. , City of Tigard, Washington County, Oregon, being a portion of "Ikoll Business Center, Tigard" , a duly recorded subdivision, and being more particularly described as follows : Beginning at the southeast corner of Lot 1 of said "Ikoll Business Center, Tigard" , said point also being on the south- westerly right of way line of S .W. Nimbus Avenue; thence, along said southwesterly right of way line , North 30°25' 38" West, 224.11 feet; thence North 75°25'05" West, 67.87 feet to a point on the south- easterly right of way line of S.W. Scholls Ferry Rd. (C.R. 348) ; thence, along said southeasterly right of way line, South 59°35 ' 28" West, 380.65 feet; thence South 75°25'38" East, 119 . 82 feet to a point on the westerly line of Tract "A" of said "Ikoll Business Center, Tigard" ; thence, along the westerly line of said Tract "A" , South 29°49'08" East, 64 .85 feet; • thence, continuing along the westerly line of said Tract "A" , South 74°49.'08" East, 232.25 feet; thence North 59°25' 38" East, 69 .02 feet.; thence South 75°25' 38" East, 132. 20 feet; thence North 59°34 '22" East, 64. 59 feet to a point on the southerly right of way line of said S.W. Nimbus Avenue; • thence, along said southerly right of way line, along a 230.0 foot radius curve to the right , (chord bears North 48°38 ' 44" West, 143. 81 feet) a distance of 146. 27 feet to the point of beginning. Contains 105,715 sq. ft. 1 t114SL • ` br . GROUND LEASE l -< BETWEEN WILLIAM R. ROBINSON and CONSTANCE A. ROBINSON, and CHESTER L. ROBINSON and EVELYN Z. ROBINSON (Lessor) AND MTR COMPANY (Lessee) DATED MAY 19 , 1978 2 INDEX Parties Page Recitals 1 N 1 1 SECTION,,r ---- N 1 TERM 1 .1 2 Initial Term 1. 2 2 Renewal Term SECTION 2 2 -------_�. R E RENT 2.1 A 2 Amount of Rent 2.2 2 , Partial Month 5 Payment ayment of Rent SECTION 3 5 USE, OCCUPANCY 3. 1 5 Use 5 3 .2 Protection of Leased Premises 3.3 5 Possession N 6 SECTION 4 ECTi N 4 TA XESAND ASSESSMENTS 6 4 .1 Taxes 6 4 . 2 Alternate Methods of Taxation 4 . 3 A 6 Assessments 7 4 . 4 Lessee 's Election To Or Assessment Contest Tax 7 4 . 5 Deferred Taxes SECTION 5 6 UTI UTILITIES N 6 9 SECTION �-- 6 LIENS AND CLAIMS 9 N 6.1 No Mechanics ' Liens 9 ( i ) 6. 2 Contest of Liens 9 6. 3 Notice of Construction 10 SECTION 7 CONSTRUCTION AND IMPROVEMENTS 10 7 . 1 Construction of ' Improvements • 10 7. 2 Development of Leased Premises 11 ,.e SEC TION 8 REPAIRS AND MAINTENANCE 11 8. 1 Maintenance 11 8 . 2 Repairs, Alterations 12 8. 3 Compliance With Laws 12 8 . 4 Contest of Laws 12 SECTION 9 DESTRUCTION OR DAMAGE 13 SECTION 10 CASUALTY INSURANCE 13 10 . 1 Maintenance Of Casualty Insurance 13 10 . 2 Application of Proceeds 14 10. 3 Subrogation 14 SECTION 11 LIABILITY INSURANCE AND INDEMNITY 15 11 . 1 Liability Of Lessor 15 11 . 2 Indemnity 15 11 . 3 Insurance 16 SECTION 12 SING ASSIGNMENT AND SUBLEASING 16 12 . 1 Assignment 16 12. 2 Subleasing 17 SECTION 13 HYPOTHECATION 19 13 . 1 Right To Encumber The Leasehold Estate 19 ( ii ) Page 13 .2 Provisions For Protection Of Mortgages 19 13 . 3 Rights Of Mortgagee In Event Of Default Under Mortgage 21 13 . 4 Nonsubordination Of Rights Of Lessor 21 13 . 5 Surrender Of Lease 22 SECTION 14 DEFAULT `�- 22 14 . 1 Events Of Default 22 14 . 2 Lessor's Remedies 23 SECTION 15 TERMINATION 24 15 . 1 Condition Of Premises 24 15 . 2 Fixtures, Personal Property 25 15 . 3 Holdover 26 15 . 4 Quitclaim 27 SECTION 16 ACTIONS BY LESSORS; MANAGER 27 16 . 1 Manager, Authority 27 16 . 2 Change Of Manager 28 16 . 3 No Bar To Remedy 28 SECTION 17 OPTION TO PURCHASE 29 17 . 1 Grant Of Option 29 17 . 2 Exercise Of Option 29 17. 3 Purchase Price 29 17. 4 Conveyance, Title Insurance 29 SECTION 18 ESTOPPEL CERTIFICATES 30 ( iii ) sal Page SECTION 19 OTHER PROVISIONS 30 7 19.1 Notices 30 19 . 2 Attorneys ' Fees 31 • 19. 3 Waiver 31 19.4 Lease Binding Upon Successors And Assigns 31 19 .5 Inspection 32 .. 19 . 6 Relationship Of Parties 32 19. 7 Time Of Essence •.� 32 19.8 Joinder In Instruments 32 19 . 9 Lessor' s Right To Perform Obligations Of Lessee 33 19 . 10 Condition Of Leased Premises 33 19.11 Number And Gender ... 34 19 . 12 Heading And Titles 34 19. 13 Entire Agreement 34 Signatures 34 Exhibit A Exhibit B ( iv) ..+; • GROUND LEASE DATED: May 19, 1978 BETWEEN : WILLIAM R. ROBINSON and CONSTANCE A. ROBINSON, and • CHESTER L. ROBINSON and EVELYN Z . ROBINSON 1200 SW Bull Mountain Road Tigard , Oregon 97223 ( "Lessor" ) AND: MTR COMPANY, a joint venture composed of T. L. Brandt, Michael P. Duyn, and Ruth Jones P.O. Box 13367 Portland , Oregon 97213 ( "Lessee" ) Lessor is the owner of fee simple title to the real property located in Washington County, Oregon and described in attached Exhibit A (the "Leased Premises" ) , subject only to the exceptions and encumbrances described on attached Exhibit B. Lessor and Lessee have entered into an Earnest Money Receipt and Lease Option Agreement dated September 13 , 1977 pursuant to which Lessor gave Lessee the option to enter into a long-term ground lease of the Leased Premises . Lessee has properly exercised its option to lease the Leased Premises from Lessor. Lessee now desires to lease the Leased Premises from Lessor and Lessor desires to lease the Leased Premises to Lessee on the following terms and conditions . Lessee desires to develop the Leased Premises as an industrial park and office complex and to sub-lease portions of this development to others . ►r NOW THEREFORE, in consideration of the mutual promises and conditions set forth in this Ground Lease ( the "Lease" ) , the parties agree as follows : SECTION 1 TERM w1 1 . 1 Initial Term The Initial Term of this Lease shall be for a period of NINETY--NINE ( 99 ) years commencing with the date first shown above and ending on the NINETY-NINTH ( 99th) anniversary of that date . 1 . 2 Renewal Term eR Lessee , in its sole discretion, shall have the option of extending the term of this Lease for two consecu- -• tive additional periods of TWENTY-FIVE (25) years each. If us( desires to extend the term of this Lease for such TWENTY-FIVE ( 25 ) year period, Lessee shall give Lessor notice advising Lessor that the term is extended, which notice shall be given not less than ONE HUNDRED AND TWENTY �. ( 120 ) days prior to the expiration of the term of this Lease. If Lessee does ,not exercise its right to extend the term of this Lease for the first TWENTY-FIVE ( 25 ) year period, Lessee shall have no further right to extend the term of this Lease. 2 .,r SECTION 2 RENT 2. 1 Amount of Rent Lessee shall pay to Lessor rent in an amount equal to 44 . 46 acres multiplied by $22,000 per acre and multiplied by -the applicable percentages determined in accordance with the following provisions of the Earnest Money Receipt and Lease Option Agreement dated September 13, 1977 : The annual yearly rental during the primary term of ninety-nine (99) years is to be payable in equal monthly 4.4 installments on the first day of each and every month for • said term of the Lease and is to be an amount equivalent to the percent of the aggregate cost of Twenty-two Thousand Dollars ( $22, 000 .00) per acre, which percentage is set out below: Percentage of Total Initial Gross Acreage Cost Based On Which is DURING LEASE YEAR $22, 000 Per Acre Rent of t` 6:� ' '' 1 6% $4 , 890. 60 . • ,, ' 2 6% $4 , 890 . 60 3 _ 8% $6 , 520.80 )S` 4 8% $6, 520. 80 5 - 30 '' 10% $8, 151 .00 31 - 60 To be Determined To be Determined 61 -- 99 As Set Forth Below As Set Forth Below At the commencement of the 31st year of the term of the Lease , the percentage to be used for determining the rent, as computed above, for the 31st through 60th years of the Lease term, shall be re-evaluated ; and, again, at the commencement of the 61st year of the Lease term, the Percentage to be used for determining the rent , as computed above , for the 61st through 99th years of the Lease term, ie shall be re-evaluated. Upon each re-evaluation of the percentage, the percentage to be used shall be the ratio between the rental charged and the then fair market value of properties which are comparable to the leased Premises , c,r exclusive of any value or rent attributed to improvements 1.; on the property. The percentage to be used shall be determined by an MAI appraisor selected in accordance with the method of choosing an appraisor for purposes of the ►ai purchase option price according to Section 2. 1. 2 . If Lessee elects to extend the term of this Lease, the rent percentage during any extension period shall be determined by an appraisor in accordance with the above, and the, actual rent shall be computed in accordance )-, , , with this Section 2. 1 . At least Ott HUNDRED AND gyENIY (120) days fit l' (31st) Y prior to the oci rreneerr�nt of the THIRTY- C'1147 year of the Initial Term of this Lease, Lessor and I. ssee select a qualified MAI appraiser experienced in shall jointly, Lessor and Lessee cannot agree on an a appraising industrial parks. If �� the cocrrrn,.ncement of the THIRTY-FIRST appraiser by the NINE`I`IETIt (90th) day before appraiser shall be selected by the presiding Judgenoflthe Washing onSCounty�Circuit ... Court from a list of four appraisers sers tdo selected by Lessee and two selected by . . "i 4 w 2. 2 Partial Month ' Rental for a• partial month shall be 1/30th of the monthly rent multiplied by the number of days term for such fractional rental month . y in the Lease 2. 3 Pa ment Of Rent Rental under this Lease shall be paid to Lessor in "`.; care of the manager on or before the first day of each month during the term of this Lease at the address first above written. In the event that any y present Lessor trans- its interest in this Lease to more than one person, Lessee shall be required to make only one payment per month "" of rent and until Lessee receives a notice signed by all the parties constituting Lessor, Lessee shall make all rent payments to the manager at the address shown above . SECTION 3 USE, OCCUPANCY 3 . 1 Use . Lessee shall use the Leased Premises or any . portion for any lawful purpose 3 . 2 Pr otection of Leased Pre ms Lessee shall not use or suffer or permit any person to use the Leased Premises or any portion for any purpose in violation of any applicable law, ordinance or regulation, subject, however, to Lease -� right to contest the validity or a e 's ordinance or regulation under Section 8 . 4 . of any law, 8 . 4 . Lessee shall not conduct 'or permit to be conducted any public or private nuisance, shall not commit or suffer any waste on the Leased S • Premises, and shall not use the Leased Premises in a way unreasonably offensive to Lessors or others. 3. 3 Possession . Lessee shall have possession of the Leased Premises as of the date first shown above . SECTION 4 TAXES AND ASSESSMENTS r ' 4 . 1 Taxes ---'' During the term of this Lease, Lessee shall pay before delinquent all ad valorem real property taxes levied against the Leased Premises . Real property taxes for the first and last years of the term of the Lease shall be prorated between the parties as of the date of commencement. Lessor shall instruct the appropriate county official to send all tax statements directly to Lessee, and Lessee shall upon demand furnish to Lessor evidence of payment of the taxes required to be paid by Lessee . 4 . 2 Alternate Methods Of Taxation It is the intention of the parties that Lessee shall pay all taxes imposed on account of ownership or occupancy of the Leased Premises and that Lessor shall receive the rental for which provision is made in Section 2 free of any charge for any tax other than net or gross income taxes . Therefore , if at any time during the term of this Lease the method of taxation prevailing on May 19 , 1978 shall be specifically altered by law, Lessee shall pay any tax which may be imposed on Lessor to the extent that 6 the same is a substitute for or an alternative to ad valorem real property taxes, assessments or levies which now exist, but only to the extent that the tax would be payable if the Leased Premises were solely the property of Lessor. In no event shall Lessee be liable for the payment of any tax upon gross or net income of Lessor based upon the rental received by Lessor under this Lease . 4 . 3 Assessments r . During the term of this Lease, Lessee shall pay before delinquent any assessments against the Leased Premises , except that when any assessment is payable in installments Lessee may elect to pay such assessment in installments , in which case Lessee need only pay such installments of principal and interest coming due during the term of this Lease. If the assessment is payable in installments , Lessee may make application therefor in Lessor ' s name and as Lessor' s attorney in fact . Lessor shall notify Lessee of any assessment made against the Leased Premises ,, and Lessee shall upon demand furnish to Lessor evidence of payment of assessments or installments required to be paid by Lessee. 4 . 4 Lessee ' s Election To Contest Tax Or Assessment Lessee may withhold payment of any taxes or assessments if a good faith dispute exists as to the obligation to pay or the amount of the taxes or assessments to be paid , • provided that if the Leased Premises is subjected to a lien 7 ..i as a result of nonpayment, Lessee shall , within 15 days after the lien arises, deposit with Lessor cash, a sufficient corporate surety bond or other security reasonably satis- factory to Lessor in an amount sufficient to discharge the lien plus any interest, penalties , costs , attorneys ' fees or =13ther charges that could accrue as a result of foreclosure or 4 .5 Deferred Taxes 4 .5 .1 The Leased Premises is presently encumbered Le i with a 1-i-sre for ad valorem real property taxes which have been deferred because the property has been used for farming purposes . 4 . 5. 2 Lessee shall be responsible for paying the amount of all deferred ad valorem real property taxes which constitute a l-tne against the Leased Premises and have been assessed and accrued through May 19 , 1978 up to a total amount of $45, 000. Lessor shall be responsible for paying the amount by which such taxes exceed $45 ,000 . 4 . 5. 3 Lessee shall not be required to pay the amount of deferred ad valorem real property taxes for which it is responsible until the taxing authority has notified _ Lessor or Lessee that payment is due . Promptly, upon receipt of such notice Lessee shall pay the amount of the deferred taxes for which it is responsible pursuant to Section 4 . 5.2 and Lessor shall pay the amount of deferred taxes for which 8 it is responsible pursuant to Section 4 .3.2. If the taxing authority permits the payment of deferred taxes over a period of time, whether subject to the imposition of an additional A4 charge or otherwise, Lessee may pay its share of the deferred taxes over such period of time, so long as it makes all such required payments when due, including the payment of deferred taxes as well as any additional charges for extended payment . SECTION 5 UTILITIES During the term of this Lease, Lessee shall pay or . • cause to be paid before delinquent all charges for water, sewage, gas , electricity, garbage disposal , telephone and other utilities and services supplied to or used on the Leased Premises, and Lessor and the Leased Premises shall be protected and held harmless by Lessee therefrom . • SECTION 6 LIENS AND CLAIMS 6 . 1 No Mechanics ' Liens . Lessee shall not suffer or permit any mechanic's liens or any other claims or demands arising from the work of construction, repair , restoration or removal to be enforced against the Leased Premises or any portion , and Lessee shall hold Lessor and the Leased Premises free and harmless from any and all liability for any liens, claims or demands, together with all interest, costs and expenses . 6 . 2 Contest of Liens . Lessee may withhold payment of any claim or demand or may elect to contest any lien if a 9 good faith dispute exists as to the obligation to pay, - provided that if the Leased Premises is subjected to a lien '1 and the lien is not discharged within 15 days, Lessee shall .r • deposit with Lessor cash, a sufficient corporate surety bond or other security reasonably satisfactory to Lessor in an amount sufficient to provide for the discharge of the lien plus any interest, costs , attorneys ' fees or other charges that could accrue as a result of foreclosure or sale. In any contest over the validity of a claim or demand in which the J Leased Premises is not subjected to a lien, Lessee shall , at its sole expense , defend itself and Lessor and shall pay and satisfy any final adverse judgment that may be rendered before enforcement of the judgment against Lessor or the Leased Premises , and •Lessee shall name Lessor as an additional obligee under any surety bond furnished in the contest proceedings. 6 . 3 Notice of Construction. Lessee shall notify Lessor in writing at least 15 days prior to the commencement of any work on the Leased Premises the cost of which is to exceed $100,000 and the nature of which is such that a mechanic's lien might be asserted on account of the perfor- mance of the work . SECTION 7 CONSTRUCTION AND IMPROVEMENTS 7 .1 Construction of Improvements . Lessee may construct or cause to be constructed, such improvements on the Leased 10 M . Premises as Lessee decides to construct. For purposes of this Lease, " Improvements" shall include all buildings , structures, parking facilities and other improvements placed on the Leased Premises and all grading, earthmoving and filling . All Improvements constructed by or under Lessee on the Leased Premises shall be the property of ' Lessee until the expiration or earlier termination of this Lease , at which time they shall become the property of Lessor. Lessee shall not remove or cause the Improvements to be removed without the express written consent of Lessor, which will not be withheld if Lessee makes arrangements reasonably satisfactory to Lessors to replace any Improvements which Lessee proposes to remove with new Improvements of at least equal value . 7 . 2 Development of Leased Premises . Lessor shall cooperate with Lessee in Lessee' s development of the property by joining with Lessee in applying for any governmental permits or approvals necessary for the development of Lessee ' s industrial park and office complex upon the Leased Premises • and if required by any governmental authority, Lessor shall dedicate to the public portions of the Leased Premises for roads, accessways , or open spaces . SECTION 8 REPAIRS AND MAINTENANCE 8 . 1 Maintenance . During the term of this Lease, Lessee • shall maintain the Leased Premises and Improvements in 11 • first—class condition, repair and appearance, and shall perform all necessary repairs and maintenance. 8 .2 Repairs, Alterations. Lessor shall not be obligated to make any repairs, alterations or additions of any kind to the Leased Premises or Improvements , whether structural or -not structural , ordinary or extraordinary, foreseen or unforeseen . Any alterations or additions which Lessee desires to make on the Leased Premises shall be made by Lessee at its sole cost and expense . . .8 .3 Compliance With Laws . Lessee shall at its sole cost and expense promptly and properly comply with all present and future laws, ordinances , regulations, directions , rules, and requirements of all governmental authorities ( including but not limited to federal , state, county and municipal governments and their departments, bureaus, boards , agencies and officials) arising from the use or occupancy of or applicable to the Leased Premises, and in this connection will make all required repairs , alterations or additions. 8 . 4 Contest of Laws . Lessee shall have the right to contest or review, by legal procedure or in such other manner as Lessee in good faith may deem suitable , at its sole expense , any such law, ordinance, regulation, direction, rule or requirement, and if able may have the same cancelled, removed ,, revoked or modified . Lessee must proceed in such a way that Lessor is not subjected to criminal prosecution and 12 that Lessor' s title to the Leased Premises is not subject to forfeiture, and Lessee agrees to indemnify and hold Lessor harmless from and against any civil liability as a result of any contest or review. Any proceedings shall be conducted promptly and shall include, if- Lessee desires, appropriate .appeals . Whenever requirements become absolute after a contest, Lessee shall diligently comply with all or so much of the requirements as shall have been sustained . SECTION 9 DESTRUCTION OR DAMAGE In the event that Improvements on the Leased Premises are destroyed or damaged during the term of this Lease, Lessee shall construct new Improvements of at least equal value or repair or restore the Improvements to a condition comparable to or better than that existing prior to the casualty . No destruction of or damage to Improve- ments on the Leased Premises shall effect an abatement or reduction in rental or an early termination of this Lease, this being a ground lease , and Lessee waives any contrary provisions of law. SECTION 10 CASUALTY INSURANCE 10 . 1 Maintenance Of Casualty Insurance During the term of this Lease, Lessee shall procure and maintain or cause to be procured and maintained by anyone holding under Lessee a policy or policies of fire insurance with standard extended coverage endorsements 13 covering all Improvements that may be placed or constructed on the Leased Premises by or under Lessee in an amount equal to the cash replacement value of the Improvements . 9 1 p "' p The policy or policies shall be in a good and solvent insurance company or a companies reasonably p acceptable to Lessor . Lessee shall reevaluate the insurance coverage at a minimum of TEN ( 10 ) year intervals and shall increase amounts to maintain cash replacement value coverage. ••• 9 Lessee shall • deliver to Lessor certificates of coverage evidencing the insurance . The policy or policies shall contain endorse- . ments providing that coverage will not be cancelled or diminished without 15 days ' written notice to Lessor . 10 . 2 Application Of Proceeds In the event of a casualty covered by insurance Lessee shall , in accordance with the terms of any mortgage or 4 the L trust deed encumbering Leased Premises or Lessee 's .,� interest in the Leased Premises use the proceeds of insurance to repair, restore or replace damaged or destroyed improvements or to construct additional Improvements on the Leased Premises . ti Any proceeds remaining at the expiration or earlier termination of this Lease shall remain the property of Lessee . 10 . 3 Subro ation In no event shall Lessor be liable to Lessee for any loss or damage sustained b g by Lessee which is insurable under a fire insurance policy with standard extended coverage 14 endorsements. If possible to obtain, Lessee shall procure an endorsement on any policy of fire insurance which may be issued to it covering the Improvements and personal property , fixtures and equipment located in or on the Leased Premises pursuant to which the insurer shall waive any right of subrogation against or consent to a waiver of any right of recovery against Lessor. • SECTION 11 LIABILITY INSURANCE AND INDEMNITY 11 . 1 Liability Of Lessor ►. Lessor shall not be liable for any loss, damage or injury to the person or property of anyone occasioned by or arising out of any act, ad'tivity or omission of Lessee or anyone holding under Lessee, the occupancy or use of the Leased Premises or any portion by or under Lessee, or any state or condition of the Leased Premises or any portion•, 11 . 2 Indemnity Any provisions of this Lease to the contrary notwithstanding and irrespective of any insurance carried by Lessee for the benefit of Lessor under the terms of this Lease, Lessee shall protect, indemnify and hold Lessor and the Leased Premises harmless from any and all damages or liabilities at any time occasioned by or arising out of any act , activity or omission of Lessee or anyone holding under Lessee, .the occupancy or use of the Leased Premises or any portion by or under Lessee, or any state or condition of the Leased Premises or any portion. 15 11 .3 Insurance During the term of this Lease, Lessee shall procure and maintain a policy or policies of public liability and property damage insurance in a good and solvent insurance company or companies reasonably acceptable to Lessor for the mutual benefit of Lessor and Lessee. The insurance - shall have primary protection limits of not less than THREE HUNDRED THOUSAND AND NO/100 DOLLARS ( $300 ,000 .00) for public liability and ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) for property damage, and Lessor shall be named as an additional insured . Lessee shall deliver to Lessor certificates of coverage evidencing the insurance . The policy or policies shall contain endorsements providing that coverage will not be cancelled or diminished without 15 days ' written notice to Lessor . SECTION 12 ASSIGNMENT AND SUBLEASING 12 . 1 Assignment 12 . 1 . 1 Lessee may assign this Lease to any other person or entity without the consent of Lessor, but in the case of such an assignment Lessee shall remain liable for the full performance of all of the covenants of Lessee under this Lease . 12. 1 .2 Lessee may assign this Lease to any other person or entity with the prior consent of Lessor, which consent, except for a case covered by Section 12. 1 . 3, may be 16 withheld by Lessor without reason and arbitrarily, and upon such an assignment Lessee shall have no further liability to anyone under this Lease . r• 12. 1 .3 If Lessee assigns this Lease to any person or entity with a net worth, based on its most recent financial statements, of at least FIVE MILLION AND NO/100 DOLLARS �-+ ( $5, 000, 000 .00 ) , then Lessor shall automatically consent to such an assignment, no further consent of Lessor shall be required and Lessee shall have no further liability to anyone under this Lease. 12. 2 Subleasing ' 12 . 2 . 1 Lessee shall have the right from time to time to sublease all or any portion of the Leased Premises without obtaining the consent of Lessor, but Lessee shall continue to be liable for the performance of all terms, covenants , conditions and obligations of this Lease, including but not limited to the payment of rental and other charges . 12 . 2 . 2 If Lessee subleases a portion of the Leased Premises to any person or entity with a net worth, •• based on its most recent financial statements, of at least FIVE MILLION AND NO/100 DOLLARS ( $5, 000 , 000.00) , then such a sublease shall be treated as a direct lease between Lessor and such sub -lessee. In the case of such a sublease, Lessee shall advise Lessor of the total amount of square footage of the Leased Premises covered by such a sublease and the 17 � . Od sublessee shall pay directly to Lessor that portion of the rent required by this Lease which is equal to the total rent required by this Lease multiplied by the ratio between the 4 number of square feet of the Leased Premises covered by such a sublease and the total number of square feet in the Lease Premises . With respect to this portion of the rent due under this Lease, Lessee shall have no responsibility to pay " r�r this portion and Lessor shall look directly to such sublessee for the payment of this portion of the rent due under this Lease . No default by Lessee of this Lease shall have any effect on such sublease which shall continue in full force and effect, until breached by the sublessee . No default by such a sublessee shall have any effect on this Lease or Lessee's rights under this Lease or any other sublessee' s rights . Any such sublease shall be on terms consistent with the terms of this Lease. 12 . 2 . 3 Lessor shall , at Lessee's request , execute and deliver to any subtenant a recognition and nondisturbance agreement which shall assure the subtenant , so long as it is not in default under its sublease , the quiet possession of the subleasehold during its term notwithstanding any termina- tion of this Lease . 12 . 2. 4 If this Lease is terminated or expires -- any sublease then in effect shall become a direct lease between Lessor as lessor and the subtenant as lessee, 18 SECTION 13 HYPOTHECATION 13. 1 Right To Encumber The Leasehold Estate Lessee may at any time and from time to time without the consent of Lessor mortgage, encumber, assign or hypothecate by mortgage, deed of trust or otherwise ( "Mortgage++) all right, title and interest of Lessee in the leasehold estate created by this Lease to a lender ( "Mortgagee" ) . 13 . 2 Provisions For Protection Of Mortgagee 13 . 2. 1 Any Mortgagee shall have the right at any time during the term of this Lease: (a ) To do any act required of Lessee , and all acts done or performed shall be effective to prevent a forfeiture of Lessee's rights under this Lease as if the act or acts had been done or performed by Lessee ; and (b) To rely on the security afforded by the leasehold estate and to acquire and succeed to the interest of Lessee by foreclosure , whether by judicial sale, power of sale contained in any security instrument or deed given in lieu of foreclosure , and thereafter to convey or assign title to the leasehold estate to any other person. 13. 2. 2 If Mortgagee has requested in writing a notice from Lessor of any default by Lessee under this Lease, Lessor shall give written notice to Mortgagee by registered or certified mail , at the place requested by Mortgagee, before exercising any right or remedy under this 19 Lease on account of Lessee ' s default, and Lessor shall not exercise any right or remedy if Mortgagee shall : ( a) Pay the rental or other charges due under the terms of this Lease within 60 days after receipt by Mortgagee of a statement specifying the total amount due ; • .or (b) Cure or commence and pursue with diligence correction of any default other than nonpayment within 60 days after service on Mortgagee of written notice from Lessors of Lessors ' intention to terminate this Lease; or (c) Undertake in writing on or before the expiration of 60 days following written notice performance of all terms, covenants, conditions and obligations of this Lease capable of performance by Mortgagee . In the event of an undertaking or in the event a default is not susceptible of being cured by Mortgagee, a default shall be deemed cured if Mortgagee. shall proceed in a timely and diligent manner to accomplish the foreclosure of Lessee ' s interest . If foreclosure proceedings shall be subject to leave of any court (as in the case of a bankruptcy proceed- - ing ) and leave shall have been applied for but not obtained by Mortgagee, the default shall be deemed cured if Mortgagee has attempted to obtain leave in a timely and diligent manner. The obligation of Mortgagee to perform the terms of 20 this Lease shall terminate upon the transfer of the interest of Mortgagee in the leasehold estate to any other person . 13 . 3 Rights Of Mortgagee In Event Of Default Under Mortgage Any provision of this Lease to the contrary notwithstanding , any Mortgagee may enforce a mortgage and acquire title to the leasehold estate in any lawful manner and may, pending foreclosure of any mortgage , take possesion of and rent the Leased Premises, and upon foreclosure may, without further consent of Lessor, sell, transfer or assign the leasehold estate or sublet the Leased Premises . Any person acquiring the leasehold estate from Mortgagee shall , as a condition precedent to enjoyment of the leasehold estate, assume in writing the liability for performance subsequent to acquisition of the obligations of Lessee under this Lease . Mortgagee shall furnish Lessor with executed copies of the instrument of transfer and the undertaking of the transferee . Upon transfer the transferor shall be -• released from all obligations for future performance of the terms of this Lease, but shall not be released from any liability arising prior to the transfer . 13. 4 Nonsubordination Of Rights Of Lessor The provisions of this section shall not give any person the right to mortgage, hypothecate or otherwise encumber or to cause any liens to be placed upon the fee • estate of Lessor, nor shall the provisions in any event be 21 construed as resulting in a subordination in whole or in part of the fee estate of Lessor to any mortgage given to secure an indebtedness of Lessee . 13 . 5 Surrender Of Lease Until such time as the indebtedness of Lessee to a Mortgagee who has notified Lessor in writing of the existence -• of a mortgage shall have been satisfied , Lessor shall not, without the prior written consent of the Mortgagee, accept any surrender or consent to any modification or assignment of this Lease, any part or portion of the Lease term or any interest therein. SECTION 14 DEFAULT 14 . 1 Events Of Default The following shall constitute events of default: 14 . 1 . 1 Failure of Lessee to pay rent or other sums payable to Lessor, but Lessee shall have 30 days following written notice from Lessor to cure default in payment . No notice of default for nonpayment of rental shall be required if during the same calendar year Lessor has already twice sent notices to Lessee concerning nonpayment of rent . 14 . 1 . 2 Failure of Lessee to perform any other term, covenant , condition or obligation of this Lease , but Lessee shall have 60 following written notice from Lessor • specifying the nature of the default in which to cure or, if 22 the default cannot be cured within 60 days, to commence and pursue with reasonable diligence curative action . No notice of default shall be required if during the same calendar year Lessor has already sent a notice to Lessee concerning default of the same term, covenant , condition or obligation . 14 . 1 . 3 Dissolution, termination of existence, -• insolvency, business failure, discontinuance as a going business ( except for labor disputes ) , appointment of a receiver of any of the property of , assignment for the benefit of creditors by, or commencement of any proceedings under any bankruptcy or insolvency laws by or against Lessee or any of the parties constituting Lessee . 14 . 2 Lessor ' s Remedies Following an event of default and after notice and the opportunity to cure , given pursuant to Section 14 . 1 , Lessor, in addition to any other remedy which may be available at law, in equity or otherwise, shall have the right, without further demand or notice to reenter and eject all persons from the Leased Premises , using due process of law, and either : 14 . 2 . 1 Declare this Lease terminated, in which event Lessee shall immediately pay Lessor a sum of money equal to the amount , if any, by which the then cash value of the rent reserved under this Lease for the balance of the Lease term and for which Lessee is still responsible exceeds 23 the then reasonable cash rental value of the Leased Premises for the balance of the Lease term, and any other sums due; or r1 14 . 2 . 2 Without terminating this Lease relet the Leased Premises or any portion as the agent and for the .,e account of Lessee upon such reasonable terms and conditions as Lessor may deem advisable, in which event the rents received on such relettin g be applied pplied first to the reasonable er expenses of reletting 9 and collection, including necessary renovation and alterations of the Leased Premises , reasonable attorneys 'Y fees and real estate commissions paid, and thereafter to payment of all sums due or to become due to Lessor from Lessee under this Lease , and if a sufficient sum shall not be realized for the a p yment of rental and other charges, Lessee shall pay Lessor any deficiency monthly, notwithstanding that Lessor may have received rental in excess of the rental stipulated in this Lease in subsequent months previous or , . and Lessor may bring actions to recover monthly deficiencies as they, arise . Any reentry shall be allowed without hinderance by Lessee, and Lessor shall not be liable in damages for reentry or be guilty of trespass or forceable entry. SECTION 15 TERMINATION 15. 1 Condition Of Premises Upon the expiration or earlier termination of this Lease, Lessee shall surrender. the Leased Premises to Lessor 24 in first-class condition. Depreciation and wear from ordinary use for the purpose for which the Leased Premises were let need not be restored , but all repair and maintenance for which Lessee is responsible shall be completed to the latest practical date prior to surrender, 15 . 2 Fixtures, Personal Pro ere With the exception of movable trade fixtures owned by Lessee or any subtenant , all Improvements and fixtures ..,r placed on the Leased Premises during the term of this Lease shall, at Lessor 's option, become the property of Lessor. Lessor may elect to require Lessee to remove all fixtures but not Improvements which would otherwise remain the property of Lessor and to repair any damage resulting from removal . In addition, Lessee shall remove all movable furnishings, furniture and trade fixtures which remain the property of repair any and re n y p y damage resulting from such removal . If -• Lessee fails to remove any property required to be removed or to repair any damage, Lessor may elect to proceed as follows : 15. 2 . 1 Retain or dispose of the abandoned property and charge the cost of removal and repair of any physical damage to Lessee with interest at the rate of 10 percent per annum from the date of expenditure until paid; or 15. 2 . 2 Following 10 days ' written notice to Lessee remove the property and place it in public storage J 25 . for Lessee 's account, in which case Lessee shall be liable for the cost of removal , repair of damage, transportation and storage with interest at the rate of 10 percent per annum from the date of each expenditure until paid. 15. 3 Holdover Should Lessee fail to vacate the Leased Premises •�• when required or fail to remove property as required by paragraph 15 . 2, and such failure substantially interferes with occupancy of the Leased Premises by another tenant or by Lessor for any purpose, including preparation for a new tenant , Lessor ' s rights shall be as follows : 15 . 3 . 1 Lessor may elect to treat Lessee as a tenant from month-to-month subject to all of the terms , covenants , conditions and obligations of this Lease except the provision for term. Such month-to-month tenancy shall be terminable at the end of a'ny monthly rental period upon written notice from Lessor given not less than 10 days prior to the termination date which shall be specified in the notice . Lessee waives any notice which would otherwise be provided by law with respect to a month-to-month tenancy. 15 . 3 . 2 Lessor may elect to take legal action to eject Lessee from the Leased Premises and to collect any damages caused by Lessee ' s wrongful holding over. Nothing . in this paragraph shall be construed to give Lessee • the right to hold over or to continue in possession of the 26 IV • Leased Premises after the expiration of the term of this Lease. 15 . 4 Quitclaim Upon the expiration or earlier termination of this Lease, Lessee shall execute, acknowledge and deliver to 'Lessor within five days following written demand from Lessor any quitclaim deed or other document required by any reputable title company to remove the cloud of this Lease from the real property subject to this Lease . SECTION 16 ACTIONS BY LESSORS ; MANAGER 16 . 1 Manager, Authority. For the purpose of performing duties , taking actions, receiving notices and otherwise representing and acting for Lessor under this Lease, William R. Robinson is designated as Manager. All acts to be performed by the Manager shall be in its sole discretion, except as limited as follows : 16 . 1 . 1 Any modification or of amendment to this Lease must be with the unanimous consent of all present persons constituting Lessor and must be made upon the consent of Lessee. If any present person constituting Lessor has transfered its interest, then this Lease may be modified or amended in any respect by a vote of 75 percent in percentage interest of the parties then constituting Lessor under this Lease and upon the consent of. Lessee . 27 16 . 1 . 2 Upon an event of default, the Manager may exercise discretion in declaring a default by Lessee of this Lease , but a default must be declared and action to terminate this Lease instituted upon the written demand of at least 75 percent in percentage interest of the persons Constituting Lessor under this Lease . -. The Manager shall have authority to perform all acts per- mitted or required of Lessor under this Lease , including the right to institute or defend legal actions on behalf of Lessor . All expenses and fees of the Manager shall be shared equally by the persons constituting Lessor in accordance with the percentage interests of the tenants in common of the fee of the Leased Premises . 16 . 2 Change of Manager. Should Lessor at any time desire to replace the Manager, a new Manager shall be appointed upon a majority vote in percentage interest of the tenants in common of the Leased Premises and Lessee shall be given written notice of the new person appointed Manager . Upon receipt of this notice Lessee shall deal with this person as the Manager. 16 . 3 No B2ar xo Remedy Nothing in this section shall preclude any Lessor from exercising any remedy, other than termination , upon an event of default. Action to terminate this Lease shall be s taken only through the Manager. 28 4 SECTION 17 OPTION TO PURCHASE 17.1 Grant Of 0 tion ti :� Lessor grants to Lessee the right and option to J purchase the Leased Premises at any time during the TtiIRTy ; FIRST (31st ) or SIXTY-FIRST ( 1St Cf ) year of the term of thi Lease. 17. 2 Exercise Of 0___ption If Lessee desires to purchase the Leased Premise. i : W and exercise this option,p , Lessee shall give Lessor notice c exercise within the time periods referred to in Section 17, ti . 17. 3 Purchase Price ., Upon receipt of Lessee ' s notice given pursuant tc Section 17 . 2, an MAI appraiser shall be selected in accor- dance with Section 2 . 1 . 2 The appraiser, after selection, Lease 44 shall determine the then fair market value of the Le d ' Premises exclusive of any value attributable to Improvement: placed on the Leased Premises or this v` _. Lease . The purchase price shall be the. value as determined by the appraisor . Tt r purchase of the Leased Premises shall close within SIXTY ( 60 days after receipt by Lessee of the appraiser's ,, p y The sale shall be on such terms as the parties final report p ar ties may agree upo within THIRTY _, ( 30) days prior to the Closing Date, but if th; parties are unable to agree, then the sale shall be for cash . Y w 17. 4 Convey ance, Title Insurance '_ At closing Lessor shall convey the Leased Premises u to Lessee by a special warranty deed free and clear of all V 29 k- L liens or encumbrances except those set forth in Exhibit B and those arising through or under Lessee . Lessor shall at • • I its sole cost and expense provide Lessee with an owners policy of title insurance in the full amount of the purchase price insuring Lessee as the owner of the Leased Premises subject only to the exceptions referred to in Exhibit B, exceptions arising from or under Lessee and the standard printed exceptions. SECTION 18 ESTOPPEL CERTIFICATES J Lessor and Lessee shall at any time and from time to time upon not less than 10 days prior written request that the other deliver to the requesting party an executed and acknowledged statement in writing certifying that this Lease ti is unmodified and in full force and effect (or if there has • been any modification, the nature of the modification and that the Lease is in full force and effect as modified) , that to its knowledge the requesting party is not in default under this Lease (or if a default exists , the specific nature and extent of the default) and the date to which rent and other charges have been paid . SECTION 19 OTHER PROVISIONS 19 . 1 Notices Any notice to be given or other document to be delivered by either party to the other under this Lease shall be effective when either delivered in person to the 30 other party or deposited as registered or certified mail , postage prepaid, addressed to the party to whom intended at the address specified in this Lease . Any party may by .�i written notice to the other designate a different address for notices . 19 . 2 Attorneys ' Fees In the event any g y proceedin is brought by Lessor to recover rent or other charges due and unpaid under this Lease or to recover possession of the Leased Premises, or in ,.� the event any proceeding is brought by either Lessor or Lessee against the other to enforce or for the breach of any of the terms , covenants , conditions or obligations of this Lease, the prevailing party shall be entitled to recover ti reasonable attorneys ' fees , together with costs and disburse- ments at all judicial levels, including any appeals . 19 . 3 Waiver A waiver by either party of a breach of any term, covenant , condition or obligation of this Lease shall not constitute a waiver of any succeeding breach or prejudice the party' s right otherwise to demand strict compliance with the same or any other term, covenant, condition or obligation. 19 . 4 Lease _ Binding Upon Successors And Assigns Subject to the limitations contained in Section 12 , this Lease and each of its terms , covenants , conditions and obligations shall extend to, be binding on and inure to the 31 benefit of the successors and assigns of both Lessor and Lessee . References in this Lease to Lessor or Lessee shall include, wherever applicable, their successors and assigns , 19 . 5 Inspection Lessor reserves the right for Lessor and any agents and representatives to enter upon the Leased Premises at any reasonable time for the purpose of attending to Lessor's interest under this Lease and to inspect the Leased Premises . 19 . 6 Relationship Of Parties The relationship of the parties to this Lease is . landlord and tenant . It is agreed that Lessor does not in any way or for any purpose become a partner of or a joint venturer with Lessee in the conduct of Lessee' s business or otherwise . Lessor and Lessee jointly agree and acknowledge that the transaction set forth in this Lease is a Lease and not a purchase and sale and that Lessor and Lessee will • throughout the term of this Lease report to the Internal Revenue Service the payments and receipt of amounts due �- pursuant to this Lease as they are characterized by this • Lease . 19 . 7 Time 'Of Essence Time is of the essence of this Lease. 19 . 8 Joinder In Instruments Lessor and Lessee shall, upon the written request of the other, promptly join in any instruments of conveyance, 32 . dedication, grant of easement or license, or other instru- ment as shall be reasonably necessary or convenient to provide public utility service or public roadway access to the Leased Premises or any portion in order to allow develop- ment of the Leased Premises as desired by Lessee . Lessor shall not be required to incur any cost or expense by virtue of the provisions of this paragraph. 19 . 9 Lessor ' s Ri.ht To Perform Obliaations Of Lessee In addition to any other specific rights or remedies of Lessor under this Lease , if Lessee fails to perform any obligation under this Lease, Lessor may do so following 10 days ' written notice to Lessee, and any expenditures by Lessor shall be reimbursed by Lessee on demand, in addition to rental payments, with interest at the rate of 10 percent • per annum from the date of expenditure until paid . Such action by Lessor shall not be deemed a waiver of Lessee' s default or of any other right or remedy which Lessor may have on account of Lessee ' s default . 19 . 10 Condition Of Leased Premises Lessee has inspected the Leased Premises and is aware of the condition and accepts the land pursuant to this Lease in its present condition . In no event shall Lessor be responsible to Lessee or any third party for the con- dition of the Leased Premises, either as it is now or here-- after exists . 33 -4 f ' ti 19.11 Number And Gender Whenever the singular number is used in this Lea and when required by the context it shall include the plur J and the masculine gender shall include the feminine and .e neuter genders , and the word person shall include any corporation, firm or association. If there is more than o '' lessee the obligations imposed upon Lessee under this Leas shall be joint and several , 19 . 12 Heading And Titles ✓ The headings and titles to the sections and para- . . graphs of this Lease are included only for the convenience -- of the parties and shall not have the effect of defining , diminishing or enlarging the rights of the parties or affecting the construction or interpretation of any part of this Lease . 19 . 13 Entire A reement — This Lease contains the entire agreement of the parties with respect to the matters covered , and no other , previous agreement, statement or promise made by any party ' to this Lease which is not contained in its terms shall be binding or valid . IN WITNESS WHEREOF, Lessor and Lessee have exe- cuted this Lease as of the date first above written. I. LESSOR > >• WILLIAM R. ROBINSON '• 34 �1 I • V CONSTANCE A. RO I8 SN ON CHESTER L. ROBIN arl EVELYN 2` � ‘. L ROBrNSON I M, • LESSEE MTR OMPANY .\ .,. By .4 STATE OF OREGON _ f ss . County of lc.c:// / ) — On this day of)r -t appeared William R. Robinson-and acknowledgedethisaGround Lease to be his voluntary act and deed . i i�� -- too t-a�r�� vt' v1"_. } PubI'ic for Oregor� My Commission expires: .)/)/6 (i STATE OF OREGON County of V-L. Div!71/1 ss . On this E day of d • appeared Constance A. Robinson and acknowledgedsthislGround Lease to be her voluntary act and deed . �Notar �.. reg y Public for O ---' My Commission expires : 7 f J jj- c! -- 3 5 STATE OF OREGON P ss . County of lv"„ �i�^'/ ) On this day af -t 1978 , personally appeared Chester L. Robinson and acknowledged this Ground Lease to be his voluntary act and deed . . -� , (�/ �• / ,Notary Public for Oregon My Commission expires : :?A1.1 C' STATE OF OREGON ..w i / ) ss. County of 1 t -,} On this _) day of L ^ v, 1978 , personally appeared Evelyn Z . Robinson' and acknowledged this Ground Lease to be her voluntary act and deed . Notary Public for Oregon,/ My Commission expires : �/ A-5 6 STATE OF OREGON ss . County of ht-;',- /''g On this day of.�� t t--",--e , 1978 , personally appeared / ,: L ���,, ., `� who being duly sworn , did say that he is an /authorized representative of MTR Company, and acknowledged this Ground Lease to be the free and voluntary act of said MTR Company . ./ /Notary Pub is for Oregon My commission expires : )1)/0 , • 36 W 13055 EXHIBIT A ihmO DESCRIPTION Situate in the Northeast quarter of Section 34, and the Southeast quarter of Section 27, and the Northwest quarter of Section 35, Township 1 South, Range 1 West, Willamette Meridian, Washington rr County Oregon and being described as follows: Beginning at the intersection of the Westerly right-of-way line of the Southern Pacific Railroad and the Northh lime of said Section 34, and said point being North 89° 52' 50" West on said North line, a distance of 327. 71 feet from the Northeast corner of said Sec- tion 34, a stone found; thence North 89° 52' 50" West on said North line and Northerly right-of-way line of said Southern Pacific Railroad a distance of 26. 50 feet; thence leaving said Northerly line:; and running South 19° 15' 29" East on said Westerly right-of- way line a distance of 2O47. 4G feet; thence leaving said Westerly right-of-way line and running North 09° 52' 50" West, on the East- erly extension of the North line of that tract conveyed in Book rl 510, Page 110, Deed Records, :;;yid County, a distance of 777.00 feet to the Northwest corner of said tract; said point also being on the Last line of the recorded plat of Black Bull; thence leaving said +:orth line and running North 0° 22' 24" West on said East line a distance of 10.45 feet to the Northeast corner of said Black Bull; thence leaving said East line and running on the Northwesterly lines of said Black Bull the following courses: North 03° 38' 25" West, 43. 24 feet; thence North 0° 19' 12" west, y.r 145.94 feet; thence North 15° 53' 43" West, 329. 12 feet; thence North 61° 44 ' 18" West, 20. 58 feet; thence North 10° 36' 11" West, 109.04 feet; thence North 4° 26' 43" West, 170,06 feet to the most Northerly northwest corner of said Black Bull; said point also being on the East line of the recorded plat of Englewood; thence leaving Northerly line of Black Bull and running on the East and Northeast- erly lines of said Englewood the following courses: 4.4 North 0° 06' 01" West, 390. 11 feet; thence North 60° 59' 02" West, 454.05 feet; thence North 72° 43' 40" West, 216. 16 feet; thence North 84" 23' 47" best, 85.66 feet; thence North 47° 03' 29" West, 161. 39 feet; thence South 77° 32' 32" West, 173. 30 feet to a point on the Southerly_ right-of-way line of Southwest Scholl, Ferry Road (County Road H340) ; thence leaving said Englewood and running on the ' South right-of-way line of Southwest Scholls ferry Road the following —' courses: North 59° 34' 22" Eant, 932. 35 feet; thence North 72° 42' 44" Cast, 20. 30 feet; thence North 63° 11' 12" East, 301.68 feet; thence North 50° 19' 29" East, 207. 37 feet; thence North 34° 21' 3G" East, 151. 21 feet to a point on the West right-of-way line of said Southern Pacific Railroad; thence leaving said South right-of-way line and runnin 19° 15' 29" East, on said west right-of-way 9 3.82h g feet- to the point of beginning. Y line, a distance of 4Op2 EXItIBIT B 1. Taxes for the fiscal year 1977-78, unpaid. .,, Amount: $2.40, plus interest. Account No.: A 11927 0400. Map: 1S1 34AA 00400. Levy Code: 745. Affects Parcels III and IV. 2. The assessment zol] and herein The have been specially the tax roll disclose that the premises lad land becomes disqualified fothe special sassessmentmunder Lthe statute, an additional tax may be levied for the last ten (10) or lesser number of years in which the farm use assessment was in effect for the land and -in addition thereto a penalty may be levied if notice of disqualification is not timely given. Nal 3. The premises herein described are within and subject to the status o r powers including the power of assessment of the Unified Sewerage Agency y of Washington County. (An inquiry has been sent concerning the status of said account and a report will follow if liens are found) . 4. Any adverse claim stating that the location of Fanno Creek, which is used to describe the Westerly Boundary of Parcel I , has moved. 5. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high water mark of Fanno Creek, 6. An easement created by instrument, including the terms and provisions thereof_ Dated: July 15, 1971. Recorded: July 28, 1971. • Book: 828, Page 426, Records of Washington County. In favor of: UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY, a municipal corporation and County Service District. For: Sewer. Affects: A 30 foot wide strip, 15 feet on each side of a center line as described in said instrument running Southwesterly from the East line of the South portion of Parcel I. 7. An easement created by instrument, including the terms and provisions thereof. Dated: July 15, 1971. Recorded: July 28, 1971. Book: 828, Page 420, Records of Washington County. In favor of: UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY, a municipal corporation and County Service District. For: Sewer. Affects: A 30 foot wide strip, 15 feet on each side of a center line as described in said instrument running Northwesterly from the South line to the East line across the Southerly portion of Parcel I. • 8. An easement created b thereof. Y instrument, including the terms and provisions Dated: July 15, 1971. Recorded: July 28, 1971. Hook: 828, Page 429, Records of Washington County. In favor of: UT:IFIED SEWERAGE AGENCY or WASHINGTON COUNTY, a municipal cor and county service district. For: Sewer. pOrati Affects: A 30 foot wide stri described in said i�strument running side of a center line as Parcel II. g through the Easterly portion of 9. Right, title and interest of A AND W EQUIPMENT CO. Revealed by Memorandum of 0 Recorded; ption to Lease herein described property. October 20, 1977. Book: 1209, Page 840, Records of Washington County. w. —4 re • • 1 4 n • ■ _ • // 1 _ 1 .... . 4........k, J--- �__ ,,, Z- ___ ,,,,„\\. Ll , • flb%8 mb O, i / Ig `� ° 1 ED Po III, I.: / , // b / I.ie s. • \ \, , OEM \ \\ �• _ j., 2013 SU •/:RAPNE'jiTYNuGCN;NET7G1G,ARD d NEER►LAG a o 0 o rwusic I SIGNAL Perkins Coie APPLICATION FOR TYPE II ADJUSTMENT TO PARKING STANDARDS APPLICANT/ Nimbus Center Associates, LLC LESSEE Attn: Noel Johnson 500 East Broadway, Suite 110 Vancouver, WA RECEIVE D 360-567-0626 noel @killianpacific.com JUN 2 7 2013 APPLICANT Killian Pacific CITY OF TIGARD Attn: Noel Johnson PLANNING/ENGINEERING 500 East Broadway, Suite 110 Vancouver, WA 360-567-0626 noel@killianpacific.com OWNER Constance A. Robinson 12000 SW View Crest Court Tigard, OR 97224 503-620-1210 PROJECT TEAM Legal Counsel Dana Krawczuk Perkins Coie LLP 1120 NW Couch Street, Tenth Floor Portland, OR 97209 503-727-2036 dkrawczuk@perldnscoie.com Transportation Christopher Brehmer, PE Kittelson&Associates, Inc. 610 SW Alder Street, Suite 700 Portland, OR 97205 503-535-7433 cbrehmer@Idttelson.com PROPERTY DESCRIPTION Nimbus Center is located at 10115 SW Nimbus Avenue, in Tigard, Oregon,which is Assessor Map No 1 S 134AA, Tax Lot number 01900. The property is zoned MUE-2. I I LEGAL26986977.1 PROPOSAL SUMMARY A 20%reduction in the total minimum vehicle parking spaces required by Chapter 18.765 for the current and future tenants of Nimbus Center. BACKGROUND Nimbus Center is a 26,279 square foot multiple tenant/mixed use commercial shopping center that has 93 parking spaces, located on a 2.42 acre site. Over the past few years, approximately 6,600 square feet of leasable space within Nimbus Center was required to be left unoccupied, despite interest from tenants, because the site could not meet the City's historic minimum parking ratios. The parking related limitation on leasing tenant space was not unique to Nimbus Center; economic development elsewhere in Tigard was also stymied by the City's high minimum parking requirements. As a result, Killian Pacific and the City partnered to evaluate potential reductions to some minimum parking requirements. The culmination of this effort was the adoption of amendments to the parking standards in the City of Tigard Community Development Code Chapter 18.765 which became effective on June 14, 2013. Ordinance No. 13-07. As part of the text amendment effort, Killian Pacific provided substantial evidence to support the reductions in the minimum parking standards. The evidence demonstrated that parking demands in Tigard generally are lower than the ITE assumptions, and the parking demands at particular locations(including Nimbus Center)were lower than the ITE assumptions and reduced Tigard parking requirements. The evidence supporting the text amendment application is also supportive of this adjustment application, and includes: • March 12, 2013 Kittelson& Associates, Inc. memo,Review of Parking Proposed Minimums Relative to ITE Parking Generation, attached as Exhibit B. • March 29, 2013 Kittelson& Associates, Inc. memo,Parking Study of Various Sites in Tigard, Oregon, attached as Exhibit C. 1 • December 27, 2012 Cardno memo,Parking Comparison of Existing Commercial Centers, attached as Exhibit D. APPROVAL CRITERIA TDC Table 18.765.2 RESPONSE: The off-street parking standards are located in Chapter 18.765. The minimum parking standards are described in Table 18.765.2. The minimum parking standards applicable to the current Nimbus Center tenants are: -2- LEGAL26986977.1 Use Minimum Parking (per 1,000 sf of floor area) Eating and Drinking Establishments' Fast Food: 7.0/1,000 Other: 9.0/1,000 Sales-Oriented Retail 3.0/1,000 Personal Services 2.5/1,000 Bank with drive-through: 3/1,000 Medical Office 3.9/1,000 TDC 18.765.030.D-- Parking in mixed-use and multiple tenant projects. RESPONSE: Because Nimbus Center is a mixed-use/multiple tenant project,the methodology for calculating required parking in TDC 18.765.030 is applicable. Specifically, the primary use must provide 100%of the minimum required parking, the secondary use must provide 85%of the parking required, tertiary uses must provide 70%of the parking required, and all other uses must provide 60%of the required parking. Pursuant to this methodology, the current occupants of Nimbus Center require 75 parking spaces. See, Exhibit A,Nimbus Center-- Parking Calculation,Nimbus Required Parking--Current Occupancy. TDC 18.370.020.0—Special Adjustments 7. Adjustments to parking standards (Chapter 18.765) a. Reduction from minimum parking requirements. By means of a Type II procedure, as governed by Section 18.390.040, the Director may authorize up to a 20% reduction in the total minimum vehicle parking spaces required in Section 18.765.070.H when an applicant for a development permit can demonstrate in a parking study prepared by a traffic consultant or in parking data from comparable sites that: RESPONSE: At this time,the tenants for the remaining unoccupied space in Nimbus Center are unknown, so the total minimum required parking is unknown. Additionally, the tenant mix at Nimbus Center evolves over time. So that the applicant can quickly respond to market changes ' Fast food designation includes all eating and drinking establishments with a"walk up counter"or less than ten(10) tables in the dining area. -3- LEGAL26986977.1 and potential tenants,this application requests an adjustment that permits a 20%reduction in the total minimum vehicle parking spaces for the current and future tenants of Nimbus Center. With the requested adjustment, regardless of the tenant mix,a tenant that is a use permitted in the MUE-2 zone will be permitted so long as the total minimum required parking is 93 spaces or less, as calculated relying upon the mixed-use/multiple tenant methodology, any applicable reductions permitted by the code(TDC 18.765.070.F)and then the 20%reduction. The Nimbus Center-- Parking Calculation at Exhibit A includes a hypothetical mix of future tenants and calculates the required parking, including the 20%adjustment. TDC 18.370.020.0--Special Adjustments 7. Adjustments to parking standards (Chapter 18.765) a. (1) Use of transit, demand management programs, and/or special characteristics of the customer, client employee or resident population will reduce expected vehicle use and parking space demand for this development, as compared to standards Institute of Transportation Engineers (ITE) vehicle trip generation rates and minimum city parking requirements, and RESPONSE: The requested 20% adjustment will allow a mix of tenants that require no more than 93 parking spaces for 26,279 sf of occupied area, which is the functional equivalent of an average parking rate of approximately 3.53 spaces per 1,000 sf. Kittelson's March 29, 2013 Parking Study of Various Sites in Tigard, Oregon analysis(Exhibit C)collected parking data from Nimbus Center during a typical mid-week day and Saturday. Depending upon the day and time of day, the parking demand rate study found that the parking rate for Nimbus Center varies from 1.14 spaces per 1,000 sf to 3.20 spaces per 1,000 sf, with a median parking demand of 1.75 spaces per 1,000 sf. The range of actual and projected parking demand for Nimbus Center is less than the ITE Average Peak Period Demand for the uses that are expected in Nimbus Center-- fast food restaurants(12.4/1,000), sit down restaurants(16.4/1,000), shopping centers (4.67/1,000 sf)and drive-in banks (4/1,000). See,the March 12, 2013 Kittelson&Associates, Inc. memo,Review of Parking Proposed Minimums Relative to ITE Parking Generation, attached as Exhibit B. As amended,Tigard's minimum parking standards now more closely align with the average ITE standards for the maximum peak period parking demands. Id. Therefore,the range of actual and projected parking demand for Nimbus Center is less than both the ITE rates and the City's minimum parking requirements. The requested average parking rate of 3.53 spaces per 1,000 sf is in excess of the highest peak observed parking demand for Nimbus Center of 3.2 spaces per 1,000 sf. In other words, the adjusted parking standard will require more parking spaces than the peak demand observed and projected at Nimbus Center. Additionally,the adjusted parking standard will allow an average parking rate that is similar to other successful commercial centers around the Portland -4- LEGAL26986977.1 Metropolitan region that the applicant surveyed, with parking ratios that ranged from 2.36/1,000 to 4.77/1,000,with a median rate of 3.63/1,000. See the December 27, 2012 Cardno memo, Parking Comparison of Existing Commercial Centers, attached as Exhibit D. TDC 18.370.020.0--Special Adjustments 7. Adjustments to parking standards (Chapter 18.765) a. (2)A reduction in parking will not have an adverse impact on adjacent uses. RESPONSE: Because the requested average parking rate of 3.53 spaces per 1,000 sf will result in more parking spaces than are required by the peak demand observed and projected at Nimbus Center, no adverse impact on adjacent uses are expected. -5- LEGAL26986977.1 EXHIBIT A Nimbus Center- Parking Calculation Category Adopted , Restaurant:Full Service 9 Restaurant: Fast Food 7 Bank 3 Total Parking Stalls 93 Retail 3 _ Personal Services 2.5 Medical Office 3.9 Nimbus Required Parking-Current Occupancy Parking Adopted Required SUITE TENANT SQ. FT. `■■ Category Ratio Parking Category SF Per 1000 Park Adjust Total Required 150 Shiraz 579 2.20% Fast Food 7 4.1 200 Nimbus Cleaners 1,372 5.22% Pers Sery 2.5 3.4 Retail 7,057 3 21.2 100% 21.2 350 Gentle Dental 2,889 10.99% Med Ofc 3.9 11.3 Fast Food 7,020 7 49.1 85% 41.8 400 Too Cute 1,547 5.89% Retail 3 4.6 Med Off 2,889 3.9 11.3 70% 7.9 600 Two Rivers 963 3.66% Retail 3 2.9 Pers Sery 2,692 2.5 6.7 60% 4.1 700 Big Town Hero 1,260 4.79% Fast Food 7 8.8 800 Image Nail 1,320 5.02% Pers Sery 2.5 3.3 19,658 75 850 Bellagio's 1,459 5.55% Fast Food 7 10.2 BK Burger King 3,722 14.16% Fast Food 7 26.1 900 Miller Paint 4,547 17.30% Retail 3 13.6 Nimbus Required Parking-100%Occupied(Hypothetical) Category SF Per 1000 Park Adjust Total Required TOTAL LEASED 19,658 74.80% 89 Hypothetical Occupancy Retail 10,382 3 31.1 100% 31.1 AVAILABLE SQ. FT. % Fast Food 10,316 7 72.2 85% 61.3 Med Off 2,889 3.9 11.3 70% 7.9 101 Available(Fast Food) 3,296 12.5% Fast Food 7 23.1 Pers Sery 2,692 2.5 6.7 60% 4.1 105 Available(Retail) 1,325 5.0% Retail 3 3.9 ril 106 Available(Retail) 2,000 7.6% Retail 3 6.0 26,279 104.4 x TOTAL AVAILABLE 6,621 25.20% 33 Adjustment 20% 84 TOTAL PROJECT SPACE 26,279 100.00% 27120742_2.xlsx Nimbus Page 1 of 1 EXHIBIT B KITTELSON & ASSOCIATES , INC . T R A N S P O R T A T I O N E N G I N E E R I N G / P L A N N I N G G 610 SW Alder Street, Suite 700, Portland, OR 97205 503.228.5230 503.273.8169 March 12, 2013 Project#: 11300 Noel Johnson Killian Pacific 500 East Broadway, Suite 110 Vancouver, WA 98660 RE:Review of Parking Proposed Minimums Relative to ITE Parking Generation Dear Noel, This letter provides an overview of select City of Tigard parking standards compared to parking rates prescribed in the reference Parking Generation, 4th Edition, published by the Institute of Transportation Engineers (ITE) in 2010. The ITE parking rate data is generally supportive of the proposed revisions to the parking minimums currently under consideration by the City of Tigard. Minimum and maximum code standards are typically established by Exhibit 1.Typical Parking Demand Distribution cities to allow flexibility for site specific needs while at the same time minimizing the potential impact to Expected Range for Expected Range for Parking Minimum Parking Maximum adjacent neighborhoods and/or the a Standard Standard multimodal transportation system. These minimums and maximums Average typically "bracket" the average Peak Demand anticipated daily peak demand. This relationship is shown in Exhibit 1. Our review of the City of Tigard's development code identified several retail uses in which the specified parking minimums are equal to or exceed the average values shown in ITE's Parking Generation. In these instances the City's current parking minimums are set higher than the expected maximum peak period parking demand measured at other similar sites. Establishing parking minimums in excess of typical peak parking demand levels may have unintended and undesirable consequences in terms of requiring excessive parking, limiting the potential effectiveness of transportation demand management programs, not allowing for a context-specific review of a proposed land use and/or tenant, and the application of shared parking opportunities. Moreover, unnecessarily high minimum parking requirements may not achieve urban design and multimodal transportation system objectives and is also not an efficient use of precious land resources. Parking demand can vary substantially based on individual building uses and practices. From a parking design perspective, it would be appropriate for jurisdictions to set their parking minimums below the FILENAME:H:I PROJFILEIII300-77GARD SITE REDEVELOPMEN 1REPOR71 FINAL I PARKING COMPARISON.DOCX EXHIBIT B Parking Needs Comparison Project#:11300 March 12,2013 Page:2 ITE peak period parking demand while at the same time allowing applicants the flexibility to provide parking levels that meet or exceed ITE typical peak parking demand. City of Tigard code does not currently allow for this flexibility. Killian Pacific is proposing to reduce the City's current parking minimum for select land uses, with no changes proposed to the current City parking maximums. The proposed changes would allow for reduced parking options, where appropriate and desired, but would also continue to allow projects to build to the code maximum. The flexibility inherent to this approach would allow the City and applicants additional opportunity to assess and implement appropriate parking ratios for individual projects. Table 1 provides a summary of ITE parking data compared with the City's current paring requirements. The ITE data shown reflects average peak period parking demand and the corresponding range of data'. As shown, the range provides the lowest and the highest peak parking demand rates at the ITE study sites and is substantial given the wide spectrum of uses falling in the broad categories defined by City code. For reference purposes, Appendix 1 provides a more detailed comparison reflecting parking demand at additional land use subcategories documented in ITE Parking Generation. Table 1. Parking Data Comparison Summarized to Current City of Tigard Land Use Categories Parking Demand/1,000 Square Feet City of ITE Peak City of ITE Average Tigard Period Tigard Peak Period Current Demand Current Proposed Land Use Demand Minimum Range Maximum Minimum Eating&Drinking Establishment,Fast-food 12.4 9.9 0.98—29.17 12.4-14.9 6 Eating&Drinking Establishment,Other 16.4 15.3 2.59—37.5 19.1—23.0 8 Shopping Center 4.67 3.7 1.33—7.5 5.1-6.2 3 Dove-in Bank 4.0 4.3 1.44—8.0 5.4-6.5 GFA=Gross Floor Area GLA=Gross Leasable Area Light red shading indicates that City of Tigard minimum equals or exceeds ITE Average Peak Period Demand Key findings from the comparison in Table 1 include: • Fast Food with drive-through: There is a wide range of fast-food parking demand (refer to Appendix 1). Some fast-food uses have an average peak parking demand lower than City parking minimums while others are higher. 1 Average peak period parking demand is defined by ITE as the observed peak period number of vehicles parked divided by the building size. Unlike ITE Trip Generation, the average peak parking demand is calculated by taking the maximum observed parking demand ratio for each site over the course of a day and then averaging that maximum value over multiple sites. Kittelson&Associates,Inc. Portland,Oregon Parking Needs Comparison Project#:11300 March 12,2013 Page:3 • Eating and drinking establishments (non fast-food): As with fast-food restaurants, the City's minimum parking ratio is lower than the average peak period demand for some uses observed per ITE while the City's minimum parking ratio is higher than average peak period demand for other ITE sub-categories (refer to Appendix 1). The result is to create parking related barriers to entry for some types of restaurants. • Shopping Center: The City's minimum parking ratio is higher than typical average weekday peak period demand but lower than December-peak period demand observed per ITE. • Drive-in Bank: The City's minimum parking ratio exceeds the average peak period demand observed per ITE. This may result in a barrier to entry for banks seeking to locate in Tigard. From a fundamental principles viewpoint, establishing the required parking minimum below average peak parking demand for a given use is desirable. Based on the current City code requirements, applicants designing parking areas to the City code minimum may be constructing more parking than is required to meet average peak parking demand, effectively guaranteeing that more parking is provided than needed. This over-building phenomenon would be especially true for High-turnover Sit-down Restaurants, coffee/donut shops with and without drive through windows, and drive-in banks. In cases where parking minimums align with or exceed the average peak period parking demand, it will be difficult to encourage non-auto travel and there will be more parking spaces provided than needed. Please call me at 503-535-7433 if you have questions regarding the comparison provided in this letter. Sincerely, KITTELSON & ASSOCIATES, INC. Chris Brehmer, P.E. Principal Engineer Kittelson&Associates,Inc. Portland,Oregon Appendix 1 Additional ITE Parking Data Parking Needs Comparison Project#:11300 March 12,2013 Appendix Page:1-2 Table 2.Parking Data Comparison Parking Demand/1,000 Square Feet IMI City of I ITE Peak City of ITE Average Tigard I i Period Tigard Peak Period Current Demand Current roposed Land Use Demand Minimum Range Maximum: inimum Quality Restaurant,Non-Friday Weekday(GFA) 10.6 15.3 5.46-15.35 19.1-23.0 Quality Restaurant,Saturday(GFA) 16.4 15.3 8.77-26.56 19.1-23.0 High-turnover Sit-Down Restaurant(Suburban),Weekday(GFA) 10.6 15.3 2.59-21.78 19.1-23.0 8 High-turnover Sit-Down Restaurant(Urban),Weekday(GFA) 5.55 15.3 3.13-12.41 19.1-23.0 8 High-turnover Sit-Down Restaurant(Suburban),Saturday(GFA) 13.5 15.3 6.3-26.5 19.1-23.0 8 Fast-food with Drive-Through Window,Weekday(GFA) 9.98 9.9 1.45-23.26 12.4-14.9 Fast-food with Drive-Through Window,Saturday(GFA) 8.7 9.9 0.98-18.0 12.4-14.9 Fast-food without Drive-Through Window(Hamburger),Weekday(GFA) 12.4 9.9 7.14-14.6 12.4-14.9 6 Fast-food w/o Drive-Through Window(Non-Hamburger),Weekday(GFA) 8.2 9.9 1.41-29.17 12.4-14.9 6 Coffee/Donut Shop with Drive-Through Window,Weekday(GFA) 10.4 15.3 2.96-37.5 19.1-23.0 8 Coffee/Donut Shop without Drive-Through Window,Weekday(GFA) 13.56 15.3 3.49-19.31 19.1-23.0 8 Coffee/Donut Shop without Drive-Through Window,Saturday(GFA) 14.44 15.3 14.0-14.67 19.1-23.0 8 Shopping Center,Non-Friday Weekday in December(GLA) 3.76 3.7 1.44-7.37 5.1-6.2 3 Shopping Center,Non-Friday Weekday in Non-December(GLA) 2.55 3.7 1.33-5.58 5.1-6.2 3 Shopping Center,Friday in December(GLA) 3.96 3.7 1.47-7.5 5.1-6.2 Shopping Center,Saturday in December(GLA) 4.67 3.7 2.01-7.5 5.1-6.2 Drive-in Bank,Weekday(GFA) 4.0 4.3 1.5-7.91 5.4-6.5 2.7 Drive-in Bank,Saturday(GFA) 3.47 4.3 1.44-8.0 5.4-6.5 2.7 GFA=Gross Floor Area GLA=Gross Leasable Area Light red shading indicates that City of Tigard minimum equals or exceeds ITE Average Peak Period Demand Light blue shading indicates that City of Tigard minimum is less than ITE Average Peak Period Demand by less than 0.1 spaces/1,000 square feet FINDINGS FROM TABLE 2 COMPARISON: • Fast Food with drive-through: The City's minimum parking ratio is 0.01 spaces/1,000 square feet lower than the average peak period demand observed per ITE. This means the minimum is set at the expected (average) peak parking demand, instead of a reasonable range below it. • Fast Food without drive-through: The City's minimum parking ratio is lower than the average peak period demand observed per ITE for hamburger-based restaurants and higher than ITE observations for non-hamburger restaurants. The result of the City's current minimum standard is to create additional parking costs (i.e. barriers to entry) for certain restaurants to locate in Tigard. • Eating and drinking establishments (non fast-food): The City's minimum parking ratio is lower than the average peak period demand for some uses observed per ITE (quality restaurant) while the City's minimum parking ratio is higher than average peak period demand for other ITE sub-categories such as high-turnover sit-down restaurants and Kittelson&Associates,Inc. Portland,Oregon Parking Needs Comparison Project#:11300 March 12,2013 Appendix Page:1-3 coffee/donut shops. Similar to fast-food restaurants, the result of the City's current minimum standard is to create parking related barriers to entry for some types of restaurants. • Shopping Center:The City's minimum parking ratio is higher than typical average weekday peak period demand but lower than December-peak period demand observed per ITE. As a result, the parking minimum is set to a level that meets or exceeds typical peak parking requirements for 11 months of the year. • Drive-in Bank:The City's minimum parking ratio exceeds the average peak period demand observed per ITE, creating a potential barrier to entry for banks seeking to locate in Tigard. Kittelson&Associates,Inc. Portland,Oregon EXHIBIT C KITTELSON & ASSOCIATES , INC . T R A N S P O R T A T I O N E N G I N E E R I N G / P L A N N I N G 610 SW Alder Street, Suite 700, Portland, OR 97205 50 3.2 28.5 230 503.273.8169 March 29, 2013 Project#: 11300 Noel Johnson Killian Pacific 500 E Broadway, Suite 110 Vancouver, WA 98660 RE:Parking Study of Various Sites in Tigard, Oregon Dear Noel, Pursuant to your request and conversations with City of Tigard staff, Kittelson & Associates, Inc. conducted weekday and weekend parking studies of six properties in Tigard.This letter provides a brief summary of the data collection process and the observed parking rates by time of day. The parking counts as well as graphical summaries of parking demand and occupancy rates are provided by time of day for further use by interested parties. Data Collection Parking data were collected at six locations in Tigard during a typical mid-week day and Saturday in March 2013. Parking supply at each parking lot was noted and hourly parking demand was measured throughout the day. Parking data was generally collected between the hours of 7:00 AM and 9:00 PM, with data collection hours varying by site based on the type of land use, hours of operation, and expected peak parking characteristics.Table 1 below identifies the locations of the six sites studied. Table 1 Parking Demand Study Sites—Tigard,Oregon Total Building Size Study Site Address (square feet) Parking Supply'(spaces) Scholls Ferry McDonald's 12388 SW Scholls Ferry Road 6,682 66 Greenway Shopping Center 12220 SW Scholls Ferry Road 139,169 452 Buster's Barbecue 11419 SW Pacific Highway 9,421 116 Pacific Crossroads 11705 SW Pacific Highway 39,340 156 Wells Fargo Bank 11760 SW Hall Boulevard 7,550 32 Nimbus Center 10115 SW Nimbus Avenue 26,281 93 Includes handicapped spaces The parking count worksheets are included in Attachment "A." FILENAME:H.:IPROJFILEI11300-TIGARD SITE REDEVELOPMEN71PARKINGI11300 PARKING RATE LTR.DOCX EXHIBIT C Tigard Commercial Sites Parking Generation Rates Project#:11300.10 March 29,2013 Page:2 Parking Demand Rate Summary Parking demand rates (as a function of building area) were calculated for each site for mid-week and Saturday demand during the morning, mid-day, and afternoon peak hours. The observed peak parking data are summarized in Table 2 by time period. The shaded cells with bold text in Table 2 highlight peak observed parking demand for each site. Table 2 Peak Parking Demand Rates for Various Sites in Tigard' • Parking Rate By Time of Day Parking Spaces Occupied (Spaces occupied per 1,000 square feet) - Building Mid-week Saturday Mid-week Saturday Size (square Mid- f Mid- Mid- Mid- Study Site feet) AM day PM AM day PM AM day PM AM day PM Scholls Ferry 6,682 15 41 23 51 38 49 2.24 6.14 3.44 7.63 5.69 McDonald's Greenway 139,169 117 239 219 230 277 232 0.84 1.72 1.65 1.65 1.99 Shopping Center Buster's Barbecue 9,421 12 36 14 28 48 1.27 3.82 4.35 1.49 2.97 5.10 Pacific Crossroads 39,340 43 71 44 98 86 1.09 1.80 1.40 1.12 2.49 2.19 Wells Fargo Bank 7,550 14 15 17 7 11 8 1.85 1.99 2.25 0.93 1.46 1.06 Nimbus Center 26,281 37 2 84 Z 56 30 49 43 1.41 3.20 2.13 1.14 1.86 1.64 1 For the purposes of Table 2,AM is defined as occurring in the period before 11 AM,mid-day occurs between 11 AM and 2 PM,and PM occurs after 2 PM 2 Represents data collected in October2006 Please call me at(503) 535-7433 if you have any questions about this information. Sincerely, KITTELSON &ASSOCIATES, INC. Chris Brehmer, P.E. PRop. Principal Engineer 1,,+ F9 i0Z 62836PE OREG oR Attachments <s>0„%" 1.Yak� A. Raw Parking Data Expires: le- B. Parking Demand Profiles Kittelson&Associates,Inc. Portland,Oregon Attachment A Parking Data Worksheets Quality Counts 7409 SW Tech Center Dr, Ste 150 Portland,OR 97224 Parking Utilization Survey Tuesday 3/19/2013 Grernway Shopping Center Zone 1 Zone 2 Zone 3 Zone 4 co of la y 23 to la GJ to w "d N to in , 'O v Stall m ;g m a t o ° ca a oon ;° co a oon ° m a CO Classification `�' = o c:` 1' _ o CC �' =u �' I Available 176 6 x.44 1 43 4 75 3 Stalls Time Occupied Stalls Occupied Stalls Occupied Stalls Occupied Stalls 7:00 AM 4 0 18 0 14 0 3 0 8:00 AM 9 0 20 0 12 0 9 0 9:00 AM 22 1 33 0 8 0 24 0 10:00 AM 40 0 34 0 8 0 35 0 11:00 AM 59 0 52 0 9 0 43 0 12:00 PM 94 3 57 2 18 0 47 0 1:00 PM 99 4 65 1 21 1 48 0 2:00 PM 78 2 49 0 18 0 37 0 3:00 PM 85 3 54 1 13 1 42 0 4:00 PM 54 1 39 1 18 1 42 0 5:00 PM 110 3 40 0 29 1 44 2 6:00 PM 98 3 40 0 26 0 38 1 7:00 PM 104 1 32 1 26 0 24 0 8:00 PM 57 1 14 0 29 0 21 0 9:00 PM 43 1 12 0 17 0 10 0 Zone 1 Note:Semi blocking 2 handicapped and 4 regular spaces at 8:00 AM Note:Truck blocking 7 regular spaces at 11:00 AM Zone 3 Note:Truck blocking 6 regular spaces and truck blocking 5 regular spaces at 8:00 AM Zone 4 Note:Truck blocking 7 regular spaces from 11:00 AM - 12:00 PM Note:Truck blocking 5 regular spaces at 12:00 PM Quality Counts 7409 SW Tech Center Dr, Ste 150 Portland, OR 97224 Parking Utilization Survey Tuesday 3/1912013 Scholls Ferry McDonalds -o (13 Stall 4, Y rcs a cv Classification (A I as Available 62 4 Stalls Time Occupied Stalls 7:00 AM 14 0 8:00 AM 15 0 9:00 AM 15 0 10:00 AM 25 0 11:00 AM 31 0 12:00 PM 40 0 1:00 PM 40 1 2:00 PM 29 1 3:00 PM 17 1 4:00 PM 23 0 5:00 PM 16 0 6:00 PM 23 0 7:00 PM 18 0 8:00 PM 16 0 9:00 PM 9 0 Note: Truck taking up 8 regular stalls and 1 handicapped stall from 7:00 AM -9:00 AM Note: Service truck blocked 3 regular stalls at 8:00 PM Quality Counts 7409 SW Tech Center Dr, Ste 150 Portland, OR 97224 Parking Utilization Survey Tuesday 3/19/2013 Buster's Barbeque - v, -ci Stall � Y Q cu co Classification I Available 113 3 Stalls Time Occupied Stalls 11:00 AM 12 0 12:00 PM 36 0 1:00 PM 30 0 2:00 PM 14 0 3:00 PM 17 0 4:00 PM 19 0 5:00 PM 18 0 6:00 PM 33 1 7:00 PM 40 1 Quality Counts 7409 SW Tech Center Dr, Ste 150 Portland,OR 97224 Parking Utilization Survey Tuesday 3/19/2013 Pacific Crossroads Zone 1 Zone 2 RI 0 :5 a,-ID c4 v^ 'C d Stall 7 C n i C Q oo ° ns ca. to 2 m O- CO Classification W V) I u C' V) co Available 120 2 33 1 Stalls Time Occupied Stalls Occupied Stalls 11:00 AM 37 0 _6 0 12:00 PM 47 0 7 0 1:00 PM 60 0 11 0 2:00 PM 45 1 5 0 3:00 PM 47 0 3 0 4:00 PM 34 1 7 0 5:00 PM 43 1 11 0 6:00 PM 41 0 12 0 7:00 PM 37 0 10 0 Quality Counts 7409 SW Tech Center Dr,Ste 150 Portland,OR 97224 Parking Utilization Survey Tuesday 3/19/2013 Wells Fargo 22 '5 v Stall '0n ° (0 a s 0. C11 ca Classification cc �' _ u Available 30 2 Stalls Time Occupied Stalls 9:00 AM 8 0 10:00 AM 10 0 11:00 AM 14 0 12:00 PM 14 1 1:00 PM 13 0 2:00 PM 17 0 3:00 PM 13 1 4:00 PM 10 0 5:00 PM 14 0 6:00 PM 6 0 16285 SW 85t3 Avenue Tigard,OR 97224 Phone:503.620-4242 Fee:503 520-4545 www.quS)Iycou016.11et %o.Oo Cente%awn9 10152006 ToS parking supply•11) 2 AnaA(9) a 23.376 An58131 3 3.58% .345.0(22) 32 35A296 Ana(3) 2 33.33% Maa2116) I 16 1940 BK 05c5 ADA Taul % An BK On. ADA Taal 5. Ave Be Mee ADA 100 Ave 80 0f07 ADA Taal Aw 66 04ce ADA 1 7001 7:00 I I 2 22.22% 0 0.00% 2 9 11 34.39% 8 6 24.24% 4 • 25.00% 7:10 1 1 11.11% 0 0.00% 2 , 7 9 2473* 10 10 33.30% 4 4 25.00% 720 I I 2 2222% 0 0.00% I 10 II 34.30% 10 10 30.30% 6 6 37.50% 730 1 I 2 2222% 0 0.00% 2 7 9 20.13% 9 9 27.27% 6 6 37.50% 240 1 I 2 2221% 0 0.00% 3 0 12 37.50% 10 10 30.30% 6 6 37.50% 250 1 1 2 22.22% 0 0.00% 3 7 10 3125% 9 0 2727% 5 5 31.25% 400 I 1 11.11% 0 0.00% 3 8 11 34.3016 9 9 272714 8 a 50.00% 5.10 7 I 11.11% 1 1 33.3316 4 7 II 34.31% 17 17 51.52% 5 5 50.0056 420 I 1 11.11% 1 5 33.33% 7 7 14 43,75% 13 13 34306 6 5 50.00% 530 2 2 2422% 1 I 33336 5 5 14 43.75% 10 10 30.33% 5 5 50.00% 5:40 3 3 33.33% 1 I 33.33% 4 7 11 3.30% 16 16 4441116 5 5 50.0056 550 3 3 33.33% 1 1 33.33% 5 a 13 40.53% it II 33.33% 3 5 50.00% 5 17 0 221 5 0 0 51 41 n o I]6 0 132 11,..!A 0 79 0 79 374 Mee*191 Ana 8131 Bn.0(32) Ana0(331 61 08.89% 66.60 7292% 22.676 TRW BK 011. ADA Tout Ave BK 01. ADA Trial Ave BK Once ADA TOY Ave 61( O0ce ADA 5031 Ave BK On. ADA I Taal 11 A0 6 5 56.67% 2 2 56.575 II 15 28 01.25% 28 38 84.05% 14 14 17.50% 11:10 1 7 6 8629% 2 2 66.57% 10 IS 26 81.25% 24 24 72.73% 16 I6 10022% 1120 1 8 7 77.70% 2 2 66.60 5 20 25 2413% 27 27 9142% IS IS 2.75% 1130 7 7 77.78% 2 2 2.576 3 23 21 81.25% 25 25 75.75% 17 17 10625% 11:40 9 9 12.00% 2 2 2.67% 2 2 22 2.75% 30 30 2.91% 15 18 112.50% 1150 6 0 08.89% 2 2 56.67% 17 17 53.13% 17 17 51.52% 15 IS 2.75% 1200 9 9 100.00% 2 2 65.87% 2 17 19 55.38% 19 19 57.5816 IS 15 2.75% 12:10 9 9 10600% 2 2 6467% 5 15 20 62.50% 23 23 60.70% 13 13 81.29% 1220 0 9 100.00% 2 2 5467% • 16 20 62.50% 23 23 69.70% II 11 6429% 1230 0 5 100.00% 1 1 33.30 6 22 29 87.506 24 24 72.73% 12 12 75.00% 1240 5 6 MA5% 2 2 06.87% 5 2 20 67.30% 28 M 04.55% 11 11 5475% _122 7 7 77.79% _3 3 10020% 7 II 23 1 71.8 1 % 19 15 57.58% It I 61.75% 2 2 94 0 151 24 0 0 241 60 2 0 2901 I 0 287 0 2071 I 0 161 I 1611 1 5551 An0•(5) 61.11% Anse(31 19.44% 1.'..0(32) 612616 Moan(33) 42.03% Araa5115) T980 BK Once ADA Taal Ave 8K Office ADA 100 Ave 59 0505 ADA 166e1 kw 92 Ofev ADA T031 Ave BK Office ADA 10x1 400 5 55.56% 1 33.33% 16 30.00% 11 33.33% 15 2.75% 4.10 5 55.56% 0.00% 19 59305 , 12 35.39% 15 2.75% 420 , 6 56.57% 0.00% , 13 40.63% 12 36.35% 14 57.50% 433 6 6667% 0.00% 13 4043% 13 3439% 14 87.50% 460 5 55.56% 0.00% 16 50091 17 51.5214 14 57.50% _410 5 55.58% 0.00% I6 30.00% 19 57.58% 13 57.25% 5130 5 55.56% 0.00% 17 3.13% 15 45.45% 13 81.25% 610 6 6967% 1 33.33% 17 63.13% 15 45.45% I1 68.75% 520 5 55.56* 1 33.33% 17 6310 75 45.45% 5 50.03% 5:30 7 72.75% 1 3333% 18 360% 16 48.48% 5 31.25% 540 6 66.67% 2 66.67% 15 56.3% 12 36.35% 5 31.25% 550 5 55.56% 1 33.33% 13 4013% 13 38.39% 4 25.00%I 0 0 0 661 I I 3 0 0 71 I 0 3 0 1651 1 I 0 0 0 1151 I I 0 0 0 731 5621 1 16285 SW 85th Avenue T199r0,OR 17220 Phone:5034204242 Fu:503 620-4545 www q u 9ltlyc ou nts.nel 09nan Grew PSASry '0'97306 70191 parking supply=(89) AMA(9) 9 0.93% 0'886137 3-19.97% 8.0©(32) 0 22.85% Neon(33) 37 24.24% Ar69E(I6) 11 57.81% 93 narduel 27.42% T91E 66 01101 ADA To% % Ave 9K 06108 ADA Total % Ave 9K Moe ADA T01a1 % Ave 60 0113% ADA 7011 % Aw BK Office ADA Tad % Ave Tail % Aw 70 0 0 0 0 I 6 7 0.218 5 5 0.152 4 4 0.25 16 173016 7.10 0 0 0 0 1 8 7 0219 6 6 0.182 • • 0.25 17 1829% 7.20 0 0 0 0 1 4 7 0219 • 4 0.127 4 • 0.25 15 +6.1316 730 0 0 0 0 4 • 8 025 4 • 0.121 s 5 0413 17 1611114 7:40 0 0 0 0 2 4 6 0.198 9 9 0273 12 12 0.75 27 292316 750 0 0 0 0 2 3 5 0.156 5 5 0.152 12 12 0.75 22 2349% 600 0 0 1 1 0.3253 3 5 8 029 10 10 0.305 12 12 0.75 31 3331% 6:10 0 0 1 0.3333 2 7 9 0.251 10 70 0.303 12 12 175 32 34.41% 520 0 0 I 1 0.3333 3 6 9 0251 13 13 0.394 12 12 0.75 35 37.63% 630 0 0 I 1 0.3333 2 5 7 0219 6 6 0.242 12 12 0.75 28 30.11% 9.40 0 0 1 1 0.3333 3 7 10 0.313 12 02 0264 I+ 11 0.689 34 36.56% 950 I 1 0.1100 I 1 1 4 • 5 9 921 10 10 030 II II 0.686 32 36.41% o 1 0 11 6 0 0 4 30 62 0 921 0 96 0. 961 0 111 0 _ 3061 Ana l9) 03.$2% 4w8(31 3829% 00893(0) 79.96% 61x0(33) 7x..;1., Ana 1(7787 f 112.50% 92.90% MK 911 0164 ADA To01 Aw OK once ADA Total Aw 811 016ce ADA TWI Aw 6K pace 504 Tad Ave BK Office.ADA Tad Aw 1100 7 7 0.7778 I 1 0.3333 5 20 25 0.781 23 24 0.727 19 19 1.+86 75 81.72% 11.10 7 7 0.7778 _ 1 0.3333 4 21 25 0.781 24 24 0.727 19 19 1.186 78 8172% I 1120 1 7 8 34866 1 1 0.3333 4 17 21 0.656 22 22 0.667 19 19 1.186 71 76.346 1190 2 7 9 1 I 1 0.1333 5 15 20 0425 20 20 0206 19 18 1.125 60 73.12% ...r7 . 7 8 02869 I 1 0.9113 5 II 23 0.719 1 24 25 0.754 It 19 1.186 76 8+.73% 1150 9 9 01189 1 1 2 0.6667 7 19 26 0.813 1 20 21 0.536 18 18 1.125 75 8025% 1200 1 9 9 1 1 1 2 3.6667 9 21 , 27 0344 I 22 23 0.697 , IS II 1.125 79 8495% 12.10 2 9 10 1.1111 I 1 0.3333 8 19 27 0444 1 24 1 26 0.768 18 II 1.125 82 88.17% 9220 1 7 9 8. 1 44 I 0.3933 7 20 27 02 0 1 23 0.667 DI II 1.125 77 82.80% 1230 1 8 9 I 1 + 0.3333 6 22 29 0.975 23 1 24 0.737 77 17 1.063 79 84.95% 12'.40 1 9 9 I 1 1 0.3333 10 22 32 I 2 25 1 28 OA% 17 17 1.089 07 93.55% 1250 1 9 9 1 1 + 0.3333 9 11 26 0413 1 25 1 27 0218 16 16 1 79 84.95% II 90 0 loll +2 0 2 141 75 232 0 3071 1 275 5 05 29 ' ,. ..... it x16 216 61 0096(9) 5626% 61189(3) -86.44% 6119010) 55.73% i11eD(33) 49.7554` 8*m!(18) 99.59% 86.41% 739E 6K 0609 ADA Taal Aw 90 pace ADA Total Ave OK Dace ADA 701• Ave 0K 01108 ADA 105 Ave 8K 019% ADA Tod Aw 1610 6 0.6867 1 0.1333 16 0.5 14 0.424 15 0.938 52 55.91% 16.10 5 0.5556 2 05667 16 0.5 14 0.424 15 0.638 52 55.91% 1620 5 0.5558 1 0.3333 15 0469 17 0.515 15 0.938 53 56.99% 1630 5 0.55% 1 0.3333 15 0.469 19 0.576 15 1936 55 59.101 16.0 6 0.5556 1 0.3333 15 0.204 15 0.455 15 0.936 51 5444% 16 50 S 0.5558 1 0.3333 18 0.5 18 0.545 15 0.90 55 59.14% 1700 5 03556 2 0.6667 19 0.594 16 0.405 15 3.939 57 6129% 1.10 5 0.6556 2 0.6667 20 0.625 13 0.394 15 3.930 55 59.14% 1720 5 05556 2 0.6867 1 23 0.719 15 0.455 13 0,913 58 62.374 1720 7 0.7779 2 0.6667 20 0.625 17 0.515 1 12 8.75 50 62.374 17.0 6 0.6667 1 0.3333 19 0,094 20 1606 13 3273 59 63.44% 1750 6 11 I 0.5656 0 0 20 0225 19 0579 1 14 0275 58 62.374 O 0 0 641 I 0 0 0 161 0 0 I 214 I 0 0 0 194 0 1 1 172 8611 Quality Counts 7409 SW Tech Center[)r,Ste 150 Portland,OR 97224 Parking Utilization Survey Saturday 3/16/2013 Greer+way Shopping Center Zone 1 Zone 2 Zone 3 Zone 4 L 17 L _ 13 L -0 L f6 VI la a) (O v, 15 ar R v, 15 c ra v, 15 cu Stall 5 ,o c a c D. c a C a 0o Y m a OD 4.., co Cl. OD co a OD 4.., Cu a Classification z vi I co v) = co in =u = co c Available 176 6 144 1 43 4 75 3 Stalls Time Occupied Stalls Occupied Stalls Occupied Stalls Occupied Stalls 10:00 AM 138 2 50 0 19 1 20 0 11:00 AM 170 3 66 0 13 1 23 0 12:00 PM 156 4 66 1 19 0 31 0 1:00 PM 150 4 53 1 19 0 33 0 2:00 PM 126 5 52 0 17 1 30 1 3:00 PM 108 4 40 1 18 1 31 0 4:00 PM 120 3 39 1 27 0 24 0 5:00 PM 100 4 37 0 25 1 12 0 6:00 PM 107 1 48 1 32 2 18 0 7:00 PM 100 2 42 1 35 0 13 0 Quality Counts 7409 SW Tech Center Dr,Ste 150 Portland, OR 97 224 Parking Utilization Survey Saturday 3/16/2013 Scholls Ferry McDonalds f‘5 co '^ i3 a, Stall cn Classification cc Available 62 4 Stalls Time Occupied Stalls 10:00 AM 49 2 11:00 AM 34 0 12:00 PM 37 1 1:00 PM 34 0 2:00 PM 44 1 3:00 PM 49 0 4:00 PM 32 0 5:00 PM 29 0 6:00 PM 21 0 7:00 PM 25 0 Note:Tractor occupying 3 regular stalls at 10:00 AM Quality Counts 7409 SW Tech Center Dr,Ste 150 Portland,OR 97224 Parking Utilization Survey Saturday 3/16/2013 Nimbus Center Zone A Zone B Zone C Zone D Zone E ` Stall -,1 c 0. a 7,, s O c c c. c c on OD N N 0. OD y., c0 0. O.0 y (O 0. OD ++ c0 d d4 4_, c0 0. Classification G) H = r N = U d1 Ln I ccoo C' N = U ) N = Co Available 9 0 2 1 32 0 31 3 16 0 _ Stalls Time Occupied Stalls Occupied Stalls Occupied Stalls Occupied Stalls Occupied Stalls 10:00 AM 4 0 0 0 15 0 8 0 3 0 11:00 AM 4 0 1 0 18 0 8 1 2 0 12:00 PM 4 0 1 0 22 0 19 1 2 0 1:00 PM 4 0 1 0 19 0 14 0 2 0 2:00 PM 9 0 1 0 17 0 13 1 2 0 3:00 PM 7 0 2 0 18 0 10 0 2 0 4:00 PM 6 0 1 1 18 0 11 2 3 0 5:00 PM 8 0 0 0 16 0 16 1 2 0 6:00 PM 6 0 0 0 12 0 7 0 2 0 7:00 PM 8 0 0 0 7 0 8 0 2 0 Quality Counts 7409 SW Tech Center Dr,Ste 150 Portland,OR 97224 Parking Utilization Survey Saturday 3/16/2313 Buster's Barbeque -0 m ^ Stall ob o m n co Classification "' _ Available 113 3 Stalls Time Occupied Stalls 11:00 AM 14 0 12:00 PM 16 0 1:00 PM 27 1 2:00 PM 38 1 3:00 PM 38 2 4:00 PM 34 1 5:00 PM 31 3 6:00 PM 47 1 7:00 PM 41 1 Note:Truck occupying 2 regular stalls at 3:00 PM --Truck occupying 3 regular stalls at 4:00 PM Quality Counts 7409 SW Tech Center Dr,Ste 150 Portland, OR 97224 Parking Utilization Survey Saturday 3/16/2313 Pacific Crossroads Zone 1 Zone 2 H -2f0 L D N G1 7 C a 7 C a Stall ;o c n on ° co a cu Classification "' = ° "' _ u Available 120 2 33 1 Stalls Time Occupied Stalls Occupied Stalls 11:00 AM 31 _ 0 13 0 12:00 PM 54 0 8 0 1:00 PM 86 1 11 0 2:00 PM 79 1 6 0 3:00 PM 71 1 5 0 4:00 PM 61 1 5 0 5:00 PM 59 0 11 0 6:00 PM 45 1 11 0 7:00 PM 34 0 11 0 QuaLity Counts 7409 SW Tech Center Dr, Ste 150 Portland, OR 97224 Parking Utilization s urvey Saturday 312312(13 Wells Fargo -0 v Stall —m ° to a CI) co Classification cc ' _ Available 30 2 Stalls Time Occupied Stalls 9:00 AM 1 0 10:00 AM 7 0 11:00 AM 10 1 12:00 PM 9 0 1:00 PM 9 0 2:00 PM 8 0 3:00 PM 2 0 4:00 PM 2 0 5:00 PM 2 0 6:00 PM 1 0 Attachment B Parking Demand Profiles Scholls Ferry McDonald's - Tuesday 100% ill I 60 90% 80% 50 70% a. ' 40 60% c a m 50% 30 0 m m 40% 0 s 20 ' ii 20% 10 10% 0% d' 8 s9 R R o° R o° c4 8 SP o° 8 ,\. %. 0). ,YO. ,Y,ti. ,y,\,. ti. ry. '. p. y. CO. ^. W- of. 'rime of Day ■Regular Stalls Occupied MIN Handicapped Stalls Occupied MN Total Supply Available Parking Occupancy Scholls Ferry McDonald's - Tuesday 10.00 9.00 8.00 7.00 22 6.00 5.99 6.14 cc c 5.00 4.64 4.49 d 4.00 3.74 3.44 3.44 3.00 — 2.00 2.10 234—" 2.24 2.69 2.39 ` 2.69 2.39 1 1.35 .00 0.00 8 c4 cQ o° o° o° & s9 R9 o° o° o° o° o° o° 4 . co, 0), .O, ^,r,. wry. ti. ,,,. 3. P. y. (O. ^. %. 0). Time of Day Parking Rate Per 1,000 Square Feet Greenway Shopping Center(all zones)-Tuesday 450 100% 400 90% 80% gg 350 70% 300 60% XT y 250 n 50% g q 200 150 40% s 30% 100 20% 50 i.... 10% 0 0% P`r P`r P� P`r 44. dF e e e a� a� a`t a`T 44- 8 8 8 8 8 8 0 8 8 8 8 8 8 8 8 Time of Day ■Regular Stalls Occupied 1=0 Handicapped Stalls Occupied awn Total Supply Available Parking Occupancy Greenway Shopping Center(all zones)-Tuesday 10.00 9.00 8.00 700 6.00 a r 5.00 400 300 2.00 1.59 172 1,65 1.43 1.48 I.00 1.17 1.92 1.12 1.35 0.84 0.88 0.63 0.60 0.28 0.36 0.00 4' P� P� Pit $. R4- R4.. Q� e e e Q4. 44%P 8 8 8 8 cS, 8 8 8 8 8 8 8 8 .s 8 a tio' tip' NI". ,. ti- �' a. 41' �' ^• �' a- Time of Day Parking Rate per 1000 Square Feet Pacific Crossroads (all zones)-Tuesday 100% 140 90% S0% 120 70% 100 SR t, Y 60% 0 A a in 80 u m SO% c O m a ` Y 60 -. � 40% m 40 • u 20% 20 10% 0 --- - -- __ ■ - 0% P4- e 44. 4� e 4� 4� 0 0 ti� ni tiA' 8 8 8 8 8 8 8 Time of Day nom Regular Stalls Occupied aMi Handicapped Stills Occupied err Total Supply Available Parking Occupancy Pacific Crossroads (all zones) -Tuesday 10.00 9.00 8.00 7.00 d 6.00 A aC e 5.00 I R • 4.00 3.00 2.00 1.80 1.00 1.09 1.37 1.30 1.27 1.07 1.40 1.35 1.19 0.00 p`- e 44 44- 4� 44- e e e �& tis, 8 8 59 59 cP 8 a Time of Day Parking Rate per 1,000 Square Feet Buster's Barbecue - Tuesday °` n.N. I100% 100 90% iW - ` 80% 80 70% u 60% g, o a to 60 50% `3 to C 0 to A 40% Y d 40 m 30% a 20% 20 10% 0 0% Q`r Q, Q, Q, e Q4 Q4 Q`- C`r tic4 tio° o° boo K9 8 8 a Ke '"ime of Day Regular Stalls Occupied Handicapped Stal s Occupied "Total Supply Available Parking Occupancy Buster's Barbecue - Tuesday 10.00 9.00 8.00 7.00 V. 6.00 m ce c 5.00 4.35 a 4.00 3.82 3.61 3.00 3.18 2.00 1.80 2.02 1.91 1.00 1.27 1.49 0.00 e P� �Q o o o$ �� o1 q a1 0 0 0 0 0 titi titi ti ti a h 16 '■ Time of Day Parking Rate per 1,000 Square Feet Wells Fargo -Tuesday 30 25 $ 20 II m m a ul c 15 Y N G 10 S 0 t4" � I Q � ea QP it $P � gS � • g Time of Day 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Regular Stalls Occupied Handicapped Sta'Is Occupied um Total Supply Available Parking Occupancy 10.00 9.00 8.00 7.00 °' 6.00 cc m 0'' 5.00 c 4.00 3.00 2.00 1.00 1.06 0.00 Wells Fargo -Tuesday 1.85 1.99 1.72 1.32 1.32 2.25 1.85 1.85 Time of Day Parking Rate per 1,000 Square Feet a`s Q`s n`s Parking Occupancy% 0.79 Nimbus Center Total Utilization on October 18th, 2006 100% 90% — 80% 70% T 60% • A. v 50% ---.4( 1\04\• zg 40% 30% — - - A - — 20% 10% 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM Time of Day Nimbus Center Total Utilization on October 19th, 2006 100% 90% "V14\ 80% 70% ›. 60% .E. . u c m c 50% - - 0 e 40% 30% 't 20% 10% - 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM Time of Day Scholls Ferry McDonald's - Saturday l00% 60 90% 50 80% u 40b 70% la o. tel 60% i Y 30 m T. c d 50% Y co a 40% 10 _II 30% 0 20% P Q� c� c� 1 1 1 Q1 a� q o° c4 s4 cP c? °° cP o° o° o° yo• titi• 'V �. ti. „,. a- y. (o. ,\. Time of Day ■Regular Stalls Occupied IININI Handicapped Stalls Occupied awn Total Supply Available Parking Occupancy Scholls Ferry McDonald's - Saturday 10.00 9.00 8.00 7.63 7.33 7.00 6.73 6.00 5.69 ce to 5.00 5.09 5.09 4.79 4.34 ea a. 4.00 3.74 3.00 3.14 2.00 1.00 0.00 II- 0 0 0 0 0 0 0 Y°, Y~, y,�. ti. 'V �. a. y. (o. 1. Time of Day Parking Rate per 1,000 Square Feet Greenway Shopping Center(all zones)-Saturday 450 100% 400 90°,6 80% 350 70% 300 60% at c 250 a 50% 200 40% _s 150 30% 100 20% SO 10°,6 0 ..... 0% W c� c`r a e a44 e dF e ,8 zP ti 8 8 8 8 8 8 N. Time of Day i■Regular Stalls Occupied Handicapped Sta Is Occupied ■Total Supply Available Parking Occupancy Greenway Shopping Center(all zones)-Saturday 10.00 9.00 8.00 7.00 600 r 5.00 400 3.00 2.00 1.98 1.99 1.87 1.65 1.67 1.54 1.50 1.46 1 29 1.39 1.00 0.00 ,....V.4.. 8P 8� &4 &� 6e 39 7� 79 ge ,,. ,,�. ,,�. ,Y. ry. ,5. p. y. b. ^• Time of Day Parking Rate per 1,000 Square Feet Nimbus Center(all zones)-Saturday 100% 90% 80 BO% 70% 60% g u r S0% 0 1 o 0 0 i8 y8 11111111,: sow Regular Stalls Occupied num Handicapped Stalls Occupied K^--Total Supply Available Parking Occupancy Nimbus Center(all zones)-Saturday 100 900 8.00 7.00 _ _ _..___ _ _ 6.00 a r 5.00 4 6.00 3.00 2.00 1.86 1.52 1.64 1.68 1.60 1.64 1.29 1.00 1.16 1.03 0.95 0.00 P� P� a`c 44 Q.1` 94. 94 S ¢`c a`c y8 �8 y8 S. 0 & 8 l i 00 Time of Day Parking Rate per 1,000 Square Feet ■ Pacific Crossroads(all zones)-Saturday 100% 140 90% 80% 120 70% y 100 X L 60% E. a I 50% g w c 6 60 40% s 30% 40 20 20% 10%1.f1P4 I ! IJI ! ! 8e :: ,1',v 1 ti O h Q. 1 Time of Day i■i Regular Stalls Occupied eaaal Handicapped Stalls Occupied mw Total Supply Available Parking Occupancy Pacific Crossroads(all zones)-Saturday 10.00 9.00 8.00 7.00 6.00 a s 5.00 le • 4.00 3.00 2.49 2.19 2.00 - 1.96 1.70 1.78 1.58 1.45 1.00 1.12 1.14 0.00 gP� 8e 8¢ 8e 8e �¢� 8e 8e 8¢ ,y'ti• ti~ ti ti M b N b h Time of Day Parking Rate per 1,000 Square Feet Buster's Barbecue - Saturday 100% 100 I I I I I 1 1 I 980% 80 70% ag :: J 60 Y 0• m 40% 40 m 30% d 2D% 20 10% V- 4� 4� 4� 4� 4� 4� 4� 4et. ti8 tiS 8 8 c4 8 8 8 8 Time of Day ■Regular Stalls Occupied mO Handicapped Stalls Occupied =NI Total Supply Available Parking Occupancy Buster's Barbecue - Saturday 10.00 9.00 8.00 7.00 °7 6.00 c 5.00 5.10 a 4.00 4.14 4.25 4.46 3.72 3.61 3.00 2.97 2.00 1.49 1.70 1,00 0.00 v- 4� 4� 4� 4� 4� 4� 4� 4� 0 yO ti,- 8 p. y. (o. ,- Time of Day Parking Rate per 1,000 Square Feet 30 25 20 u a r 1S 10 5 0 Wells Fargo - Saturday o Time of Day 4 8� b' 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% i■Regular Stalls Occupied a>.Handicapped Stalls Occupied a>,Total Supply Available Parking Occupancy 10.00 9.00 8.00 7.00 01 6.00 m to 5.00 Y co a. 4.00 3.00 2.00 1.00 0.93 0.00 0.13 0.26 0.26 0.26 0.13 0 0,. �0, hti. �ti. ti. ,�. ,�. a. y. to. Wells Fargo - Saturday 1.46 1.19 T19 1.06 Parking Occupancy% Time of Day Parking Rate per 1,000 Square Feet EXHIBIT D Exhibit B MEMORANDUM Lr Cardno Shaping the Future To: Noel Johnson,Vice President 5415 SW Westgate Drive Killian Pacific Suite 100 noel @killianpacific.com Portland,Oregon 97221 USA From: Michael Cerbone, AICP Phone (503)419-2500 Date: December 27, 2012 Fax (503)419-2600 Project: Text amendment to support reduced parking minimums www.cardno.com CardnoWRG#: Re: Parking comparison of existing commercial centers Cardno reviewed a series of successful commercial centers around the Portland Metropolitan region to give a comparative overview of existing parking ratios and the variation between jurisdictions. The goal of the summary is to present a variety of centers and illustrate that excessive parking supplies are not warranted to achieve a successful retail center. Cardno considered the following items when compiling a center list: • Existing parking should be equal to or under 5 stalls per 1,000 sf of total leasable space. • Centers should have little to no vacancies. • Centers should have at least one major anchor tenant. • Two or more separate uses should be present in the center. • Examples should be taken from a variety of jurisdictions. In addition, Cardno provided parking calculations for each center based on the current and proposed parking standards for the City of Tigard. For reference, the following table summarizes the current and proposed parking ratios for specific uses in the City of Tigard. Land Use Current Code Proposed Code Parking Ratio(per 1,000 sf) Parking Ratio(per 1,000 sf) Sales Oriented 3.7 3 Bank with Drive Thru 4.3 2.7 Restaurant(fast food) 9.9 6 Restaurant(sit down) 15.3 8 For reference, the following table summarizes the current and proposed parking quantities for mixed-use projects in the City of Tigard. Current Required Parking Quantity for Proposed Required Parking Quantity for Mixed-Use Projects Mixed-Use Projects Percent of Percent of Required Quantity Required Quantity Primary Use 100% Primary Use 100% Secondary Use 90% Secondary Use 85% Subsequent Uses 80% Tertiary Uses 70% Subsequent Uses 60% The Nyberg Woods, Macadam Village, and Millikan Pointe comparisons directly support the requested changes, However, the range of comparisons provided suggests that the proposed Australia • Belgium • Indonesia • Kenya • New Zealand • Papua New Guinea United Arab Emirates • United Kingdom • United States • Operations in 60 Countries EXHIBIT D C., Cardno. Shaping the Future changes will be beneficial for the community through reducing barriers to economic development and redevelopment of property within the City and by providing the ability to develop a tighter urban form with superior livability and vitality. Cedar Hills Crossin. —Beaverton, Ore.on , . � ., I ' '•Sk\■ k ' lit ' rit., -1...• I' - c"r 1 i 1 _• _ . f ..lik. . , . .. Cetla'H s yG_ _ . - _ . ' .._ ... _ 1 I - ice' 4 _ \J' ' ,,G jpny`' 4 c Summary: Current Tigard standards would require 297 additional stalls, necessitating approximately 3 acres of additional land to develop this site. Under the proposed amendments the site would have a surplus of 299 stalls. December 27,2012 NM Parking Calculations 12/27/2012 Ceder Hills Crossing-Beaverton,Oregon Current Code Proposed Code Size Current Required Proposed Required Land Use Ratio Units Parking Ratio Parking Ratio (Sq-Ft) Parking Quantity Parking Quantity Sales Oriented Per 1,000 sf 3.7 3 399,361 1,478 1,198 Personal Service Per 1,000 sf 2.7 2.7 0 0 0 Bank Per 1,000 sf 2.5 2.5 4,080 10 10 Bank with Drive Thru Per 1,000 sf 4.3 2.7 6,865 30 19 Restaurant(fast food) Per 1,000 sf 9.9 6 0 0 0 Restaurant(sit down) Per 1,000 sf 15.3 8 39,140 599 313 Office Per 1,000 sf 2.7 2.7 0 0 0 Office(Medical) Per 1,000 sf 3.9 3.9 3,917 15 15 Theater* Per 3 Seats 1 1 51,583 784 784 Existing Parking 2,409 Sub Total Total 504,946 2,915 2,339 Existing Parking Ratio 4.77 Difference from Existing N/A -506 70 Note: *The theater in this project has 2,351 seats Current Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 399,361 1,478 1,478 Secondary Use 90% 51,583 784 705 Subsequent Uses 80% 54,002 654 523 Required Parking Quantity 2,706 Difference From Existing -297 Proposed Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 399,361 1,198 1,198 Secondary Use 85% 51,583 784 666 Tertiary Uses 70% 39,140 313 219 Subsequent Uses 60% 14,862 44 26 Required Parking Quantity 2,110 Difference From Existing 299 C-41) Cardno Shaping the Future Millikan Pointe- Beaverton, Ore on :.y' r -- Y r - y�,, r -. ,,p-., -.. , m � .Agar ; sw ' 427.4" ar .. i . - 7-.'. swI. ,, 3 -, .'-re.% ',2 x _ , Y Summary: City of Tigard standards would require 90 additional spaces requiring approximately .9 acres of additional land to develop. Under the proposed standards an additional 80 stalls would be required necessitating approximately .82 acres of additional land. December 27,2012 it Parking Calculations 12/27/2012 Milliken Pointe-Beaverton,Oregon Current Code Proposed Code Size Current Required Proposed Required Land Use Ratio Units Parking Ratio Parking Ratio (Sq-Ft) Parking Quantity Parking Quantity Sales Oriented Per 1,000 sf 3.7 3 5,000 19 15 Personal Service Per 1,000 sf 2.7 2.7 0 0 Bank Per 1,000 sf 2.5 2.5 0 0 Bank with Drive Thru Per 1,000 sf 4.3 2.7 0 0 Restaurant(fast food) Per 1,000 sf 9.9 6 0 0 Restaurant(sit down) Per 1,000 sf 15.3 8 10,800 165 86 Office Per 1,000 sf 2.7 2.7 0 0 Office(Medical) Per 1,000 sf 3.9 3.9 41,700 163 163 Theater* Per 3 Seats 1 1 0 0 Existing Parking 236 Sub Total Total 57,500 346 264 Existing Parking Ratio 4.10 Difference from Existing N/A -110 -28 Note: *Theater parking based on seats Current Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 41,700 163 163 Secondary Use 90% 10,800 165 149 Subsequent Uses 80% 5.000 19 15 Required Parking Quantity 326 Difference From Existing -90 Proposed Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 41,700 163 163 Secondary Use 85% 10,800 165 140 Tertiary Uses 70% 5,000 19 13 Subsequent Uses 60% 0 Required Parking Quantity 316 Difference From Existing -80 (.1I Cardno Shaping the Future Lake Grove Villa!e-Lake Oswe.o, Ores on Y I �/ , V % .. Vii. ! }��`*,,; �, ..,} -�,�,...RIM 1NWi _ _ ! *L _ - ___ �__800^esFe-y_RC- _ _ _ _ - anaia.rda ."-r-•'' - - _ - ,. - . ma .. In ,f ,.... -.. ietip . '4.3 / .44 € — ...z., . „. ( ....- , , '-''a . ■',r �� .4. iir___:__ . ... • hY 4,,, •- / ! a1? id — — s -, x I '1-` & t}. ''",4 k 'f - Summary: City of Tigard standards would require 126 additional spaces requiring approximately 1.3 acres of additional land to develop. Under the proposed standards an additional 7 stalls would be required necessitating approximately .07 acres of additional land. 1 December 27,2012 Parking Calculations • 12/27/2012 Lake Grove Village-Lake Oswego,Oregon Current Code Proposed Code Size Current Required Proposed Required Land Use Ratio Units Parking Ratio Parking Ratio (Sq-Ft) Parking Quantity Parking Quantity Sales Oriented Per 1,000 sf 3.7 3 27,000 100 81 Personal Service Per 1,000 sf 2.7 2.7 0 0 Bank Per 1,000 sf 2.5 2.5 0 0 Bank with Drive Thru Per 1,000 sf 4.3 2.7 0 0 Restaurant(fast food) Per 1,000 sf 9.9 6 0 0 Restaurant(sit down) Per 1,000 sf 15.3 8 14,400 220 115 Office Per 1,000 sf 2.7 2.7 0 0 Office(Medical) Per 1,000 sf 3.9 3.9 0 0 Theater* Per 3 Seats 1 1 0 0 Existing Parking 172 Sub Total Total 41,400 320 196 Existing Parking Ratio 4.15 Difference from Existing N/A -148 -24 Note: "Theater parking based on seats Current Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 27,000 100 100 Secondary Use 90% 14,400 220 198 Subsequent Uses 80% 0 Required Parking Quantity 298 Difference From Existing -126 Proposed Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 27,000 81 81 Secondary Use 85% 14,400 115 98 Tertiary Uses 70% 0 Subsequent Uses 60% 0 Required Parking Quantity 179 Difference From Existing -7 Lr. Cardncy Shaping the Future Tanabourne Market Center-Hillsboro, Ore•on I t , :, _ _ x - _ - Y:{fit 6------ ; �---� ,q • .01 �''-__ "1 �. to W G811 tn St - i -II r, _ , . i:, ,,,.,.,,,,,..,.,v. ,1:111.111_, _ __----1,;',1,%\ , ‘ „.. ,.....: . _ . I f _ -� t n . t. .. r 111 s .. w r u _ z s .- O 1� r' 1 • ' Z If • Summary: City of Tigard standards would require 71 additional spaces requiring approximately .73 acre of additional land to develop. Under the proposed standards an additional 3 stalls would be required. December 27,2012 Parking Calculations 12/27/2012 Tanasbourne Market Center-Hillsboro,Oregon Current Code Proposed Code Size Current Required Proposed Required Land Use Ratio Units Parking Ratio Parking Ratio (Sq-Ft) Parking Quantity Parking Quantity Sales Oriented Per 1,000 sf 3.7 3 71,600 265 215 Personal Service Per 1,000 sf 2.7 2.7 0 0 Bank Per 1,000 sf 2.5 2.5 0 0 Bank with Drive Thru Per 1,000 sf 4.3 2.7 0 0 Restaurant(fast food) Per 1,000 sf 9.9 6 0 0 Restaurant(sit down) Per 1,000 sf 15.3 8 3,500 54 28 Office Per 1,000 sf 2.7 2.7 0 0 Office(Medical) Per 1,000 sf 3.9 3.9 0 0 Theater* Per 3 Seats 1 1 0 0 Existing Parking 242 Sub Total Total 75,100 318 243 Existing Parking Ratio 3.22 Difference from Existing N/A -76 -1 Note: *Theater parking based on seats Current Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 71,600 265 265 Secondary Use 90% 3,500 54 48 Subsequent Uses 80% 0 Required Parking Quantity 313 Difference From Existing -71 Proposed Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 71,600 215 215 Secondary Use 85% 3,500 28 24 Tertiary Uses 70% 0 Subsequent Uses 60% 0 Required Parking Quantity 239 Difference From Existing 3 Lriff Cardno Shaping the Future Nyberg Woods -Tualatin, Oregon 1 4,� .• r - •!jiiCI. v '''..7=r-911tkr"- : . ,•. -111111 \•v.4 ter. - l' I . 1 1 t at i ` - 4 1 • , • 1 '' 1 1 -- 1 ' ''1 k, • :. .rte r li.A e rs, f, it U U I• L. L 1' _ ♦I ' i 3 �...i- . ,� 1 . �f 1. Summary: City of Tigard standards would require 202 additional spaces requiring approximately 2.1 acres of additional land to develop. Under the proposed standards a surplus of 75 stalls would exist. December 27.2012 S Parking Calculations 12/27/2012 Nyberg Woods-Tualatin,Oregon Current Code Proposed Code Size Current Required Proposed Required Land Use Ratio Units Parking Ratio Parking Ratio (Sq-Ft) Parking Quantity Parking Quantity Sales Oriented Per 1,000 sf 3.7 3 211,100 781 633 Personal Service Per 1,000 sf 2.7 2.7 0 0 Bank Per 1,000 sf 2.5 2.5 0 0 Bank with Drive Thru Per 1,000 sf 4.3 2.7 5,353 23 14 Restaurant(fast food) Per 1,000 sf 9.9 6 0 0 Restaurant(sit down) Per 1,000 sf 15.3 8 17,300 265 138 Office Per 1,000 sf 2.7 2.7 0 0 Office(Medical) Per 1,000 sf 3.9 3.9 0 0 Theater* Per 3 Seats 1 1 0 0 Existing Parking 836 Sub Total Total 233,753 1,069 786 Existing Parking Ratio 3.58 Difference from Existing N/A -233 50 Note: *Theater parking based on seats Current Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 211,100 781 781 Secondary Use 90% 17,300 265 238 Subsequent Uses 80% 5,353 23 18 Required Parking Quantity 1,038 Difference From Existing -202 Proposed Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 211,100 633 633 Secondary Use 85% 17,300 138 118 Tertiary Uses 70% 5,353 14 10 Subsequent Uses 60% 0 Required Parking Quantity 761 Difference From Existing 75 (...jr") Cardna' Shaping the Future U town Shopping Center-Portland, Oregon p K. '1-----__7`. ..'"-_--t"'*°11 t ' c;..., . .. . • ! -,.,..-.\ _ it 's =� f 1=_ W Burnsae.1 - '''' **'. ' . . V \‘' -' / di' ' tit • ,. h r swosa .� �,. 4. . /y �. - i■ '1411t Summary: City of Tigard standards would require 55 additional spaces requiring approximately .57 acres of additional land to develop. Under the proposed standards an additional 4 stalls would be required. December 27,2012 Parking Calculations 12/27/2012 Uptown Shopping Center-Portland,Oregon Current Code Proposed Code Size Current Required Proposed Required Land Use Ratio Units Parking Ratio Parking Ratio (Sq-Ft) Parking Quantity Parking Quantity Sales Oriented Per 1,000 sf 3.7 3 16,000 59 48 Personal Service Per 1,000 sf 2.7 2.7 0 0 Bank Per 1,000 sf 2.5 2.5 0 0 Bank with Drive Thru Per 1,000 sf 4.3 2.7 0 0 Restaurant(fast food) Per 1,000 sf 9.9 6 0 0 Restaurant(sit down) Per 1,000 sf 15.3 8 5,700 87 46 Office Per 1,000 sf 2.7 2.7 0 0 Office(Medical) Per 1,000 sf 3.9 3.9 0 0 Theater* Per 3 Seats 1 1 0 0 Existing Parking 83 Sub Total Total 21,700 146 94 Existing Parking Ratio 3.82 Difference from Existing N/A -63 -11 Note: `Theater parking based on seats Current Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 16,000 59 59 Secondary Use 90% 5,700 87 78 Subsequent Uses 80% 0 Required Parking Quantity 138 Difference From Existing -55 Proposed Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 16,000 48 48 Secondary Use 85% 5,700 46 39 Tertiary Uses 70% 0 Subsequent Uses 60% 0 Required Parking Quantity 87 Difference From Existing -4 (..:111) Cardna Shaping the Future Cascade Station`- Portland, Oreson ,_.t .._. --NE�„rporo-war----- } 1_ -- -..,_, ,ills, _. 110, _ ----7--- - _::.1.,i,_ ' _ __:,. Ci , Weeljelliel . Tr t ' . . I {��._. }_'' i I - - �1 .. ` 'i . t\r _ O i. . r r -41.4mcades Y _:_ ' _ _ilittE 4....... . . 11141.....4\ ,o \ , `.- 1 Alt { .it' 1 Summary. City of Tigard standards would require 374 additional spaces requiring approximately 3.9 acres of additional land to develop. Under the proposed standards there would be a surplus of 31 stalls. December 27 2012 Parking Calculations 12/27/2012 Cascade Station-Portland,Oregon Current Code Proposed Code Size Current Required Proposed Required Land Use Ratio Units Parking Ratio Parking Ratio (Sq-Ft) Parking Quantity Parking Quantity Sales Oriented Per 1,000 sf 3.7 3 333,730 1,235 1,001 Personal Service Per 1,000 sf 2.7 2.7 0 0 Bank Per 1,000 sf 2.5 2.5 2,500 6 6 Bank with Drive Thru Per 1,000 sf 4.3 2.7 0 0 Restaurant(fast food) Per 1,000 sf 9.9 6 0 0 Restaurant(sit down) Per 1,000 sf 15.3 8 24,500 375 196 Office Per 1,000 sf 2.7 2.7 0 0 Office(Medical) Per 1,000 sf 3.9 3.9 0 0 Theater* Per 3 Seats 1 1 0 0 Existing Parking 1,203 Sub Total Total 360,730 1,616 1,203 Existing Parking Ratio 3.33 Difference from Existing N/A -413 0 Note: 'Theater parking based on seats Current Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 333,730 1,235 1,235 Secondary Use 90% 24,500 375 337 Subsequent Uses 80% 2,500 6 5 Required Parking Quantity 1,577 Difference From Existing -374 Proposed Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 333,730 1,001 1,001 Secondary Use 85% 24,500 196 167 Tertiary Uses 70% 2,500 6 4 Subsequent Uses 60% 0 Required Parking Quantity 1,172 Difference From Existing 311 I (..r.) Cardno Shaping the Future Macadam Villa•e-Portland, Ore•on ` 1 ' mil... Bo.,• I, ik ill ' 1 1p i 4 4 , 4, ' L i? L, , :4 hilllill.i ' . _ ..______ "7":1 4 „,, .. .. ,. , _ii., ......-• .... -• ., , : , • ... . , . ., , ... •,•, . . ........., ,,.. ,.. , , 1--I, •-,.., cr -., -."..- ; , , \ i lab ' } • .',,' $ r . t -I- 1 hit.. yy ,.. hit..I 1 f Y - -� I t Macadam 4ve TT I, ;y _ le -,-- ' t, P3', ® 1 i..dir V 04 f • • „A4.s C t 114/ �. I �. rsl 1 r-• ✓ 1 .e. ..' der•-, ♦ •• . SW tildes ci I Sn,Nevada Si • .., . ` ilillrillr lit.440... Summary: City of Tigard standards would require 95 additional spaces requiring approximately 1 acre of additional land to develop. Under the proposed standards an additional 40 stalls would be required necessitating approximately .4 acres of additional land. December 27,2012 Parking Calculations 12/27/2012 Macadam Village-Portland,Oregon Current Code Proposed Code Size Current Required Proposed Required Land Use Ratio Units Parking Ratio Parking Ratio (Sq-Ft) Parking Quantity Parking Quantity Sales Oriented Per 1,000 sf 3.7 3 27,435 102 82 Persona!Service Per 1,000 sf 2.7 2.7 0 0 Bank Per 1,000 sf 2.5 2.5 0 0 Bank with Drive Thru Per 1,000 sf 4.3 2.7 0 0 Restaurant(fast food) Per 1,000 sf 9.9 6 0 0 Restaurant(sit down) Per 1,000 sf 15.3 8 5,200 80 42 Office Per 1,000 sf 2.7 2.7 0 0 Office(Medical) Per 1,000 sf 3.9 3.9 6,300 25 25 Theater* Per 3 Seats 1 1 0 0 Existing Parking 92 Sub Total Total 38,935 206 148 Existing Parking Ratio 2.36 Difference from Existing N/A -114 -56 Note: 'Theater parking based on seats Current Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 27,435 102 102 Secondary Use 90% 6,300 25 22 Subsequent Uses 80% 5,200 80 64 Required Parking Quantity 187 Difference From Existing -95 Proposed Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Required Quantity of Use(s) Quantity Parking Quantity Primary Use 100% 27,435 82 82 Secondary Use 85% 6,300 25 21 Tertiary Uses 70% 5,200 42 29 Subsequent Uses 60% 0 Required Parking Quantity 132 Difference From Existing -40 LFI, Cardno" Shaping the Future Nimbus Center-Tigard, Ore•on •1 I;1\ • C"...r.if. / , / 9 4 ■ o,, �� , , ...,-a A... V / / , ,/, ‘" ,.... / ;* ', ',/<''' -j i AZ.T.4 ._ .; ' . - '-- - < , _._ '. ^_err'. •-. r F`, r. r .�, r• ' t•t r r w :. '`.. g ` y 4 .= 3 Summary: City of Tigard standards would require 35 additional spaces requiring approximately .36 acres of additional land to develop. Under the proposed standards a surplus of 5 stalls would exist. December 27,2012 Parking Calculations 12/27/2012 Nimbus Center-Tigard,Oregon Current Code Proposed Code Size Current Required Proposed Required Land Use Ratio Units Parking Ratio Parking Ratio (Sq-Ft) Parking Quantity Parking Quantity Sales Oriented Per 1,000 sf 3.7 3 13,678 51 41 Personal Service Per 1,000 sf 2.7 2.7 2,692 7 7 Bank Per 1,000 sf 2.5 2.5 0 0 Bank with Drive Thru Per 1,000 sf 4.3 2.7 0 0 Restaurant(fast food) Per 1,000 sf 9.9 6 7,068 70 42 Restaurant(sit down) Per 1,000 sf 15.3 8 0 0 Office Per 1,000 sf 2.7 2.7 0 0 Office(Medical) Per 1,000 sf 3.9 3.9 2,889 11 11 Theater* Per 3 Seats 1 1 0 0 Existing Parking 93 Sub Total Total 26,327 139 102 Existing Parking Ratio 3.53 Difference from Existing N/A -46 -9 Note: *Theater parking based on seats Current Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Parking Required Quantity of Use(s) Quantity Quantity Primary Use 100% 13,678 51 51 Secondary Use 90% 7,068 70 63 Subsequent Uses 80% 5,581 19 15 Required Parking Quantity 128 Difference From Existing -35 Proposed Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Parking Required Quantity of Use(s) Quantity Quantity Primary Use 100% 13,678 41 41 Secondary Use 85% 7,068 42 36 Tertiary Uses 70% 0 0 0 Subsequent Uses 60% 5,581 19 11 Required Parking Quantity 88 Difference From Existing 5 LI", Cardna Shaping the Future Grand Central —Vancouver, Washin•ton ritiik '). N N.,: . .1ilit`,.,„ , , s.:04414,„,.- --- -...., : Summary: City of Tigard standards result in the need for an additional 117 parking stalls which would require an additional 1.2 acres of land. The proposed standards would result in a surplus of 14 stalls.. December 27,2012 1 Parking Calculations 12/27/2012 Grand Central-Vancouver,Washington Current Code Proposed Code Size Current Required Proposed Required Land Use Ratio Units Parking Ratio Parking Ratio (Sq-Ft) Parking Quantity Parking Quantity Sales Oriented Per 1,000 sf 3.7 3 14,587 54 44 Personal Service Per 1,000 sf 2.7 2.7 6,191 17 17 Bank Per 1,000 sf 2.5 2.5 3,700 9 9 Bank with Drive Thru Per 1,000 sf 4.3 2.7 0 0 Restaurant(fast food) Per 1,000 sf 9.9 6 6,591 65 40 Restaurant(sit down) Per 1,000 sf 15.3 8 15,247 233 122 Office Per 1,000 sf 2.7 2.7 3,865 10 10 Office(Medical) Per 1,000 sf 3.9 3.9 5,075 20 20 Grocery Store Per 1,000 sf 3.7 3.7 138,729 513 513 Existing Parking 712 Sub Total Total 193,985 922 775 Existing Parking Ratio 3.67 Difference from Existing N/A -210 -63 Note: *Grocery Store considered Sales at 3.7 per 1,000 Current Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Parking Required Quantity of Use(s) Quantity Quantity Primary Use 100% 153,316 567 567 Secondary Use 90% 15,247 233 210 Subsequent Uses 80% 6,591 65 52 Required Parking Quantity 829 Difference From Existing -117 Proposed Required Parking Quantity for Mixed-Use Projects Percent of Total Size Required Parking Adjusted Required Parking Required Quantity of Use(s) Quantity Quantity Primary Use 100% 153,316 557 557 Secondary Use 85% 15,247 122 104 Tertiary Uses 70% 6,591 40 28 Subsequent Uses 60% 6,191 17 10 Required Parking Quantity 698 Difference From Existing 14 Cheryl Caines From: Chris Brehmer <CBREHMER @kittelson.com> Sent: Tuesday, August 27, 2013 4:11 PM To: Cheryl Caines Cc: Matt Bell; dkrawczuk @perkinscoie.com Subject: Supplemental Information for Nimbus Center Parking Adjustment, VAR2013-00007 Attachments: 13839 Repl.pdf Cheryl, Following up on our recent telephone conversation,we have collected parking demand data at the Nimbus Center and are sending you the attached supplemental report for inclusion in the Nimbus Center Parking Adjustment application, VAR2013-00007. Please let me know if you or other City staff have any questions or if you would like to discuss this further. Thank you, Chris Christopher L. Brehmer, P.E. Transportation Engineering/Planning 610 SW Alder Street,Suite 700 Portland, Oregon 97205 503.228.5230 503-535-7433 (direct) Stne-:',ti;i•k> I UVitt 1 REC lr ® ' KITTELSON Sc ASSOCIATES , INC . TRANSPORTATION ENGINEERING / PLANNING A UG 2 8 2013 610 SW Alder Street,Suite 700,Portland,OR 97205 503.228.5230 503.273.8169 PLANNIN��E T I GARD NGlNEERING August 26, 2013 Project#: 13839.0 Cheryl Caines City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 RE:Nimbus Center Parking Study Dear Cheryl, The Nimbus Center is located in the south corner of the SW Nimbus Avenue/SW Scholls Ferry Road intersection in Tigard. Killian Pacific, LLC submitted an application to the City of Tigard on June 27, 2017 seeking a 20% reduction in the minimum parking requirements for the Nimbus Center. The requested reduction translates to a minimum parking ratio of 3.53 spaces per 1,000 square feet of building area. This letter supplements the application, documenting current parking demand at the property on a typical weekday and Saturday. Our analysis found that current parking demand is less than the requested 3.53 spaces per 1,000 square feet on weekdays and Saturdays. PARKING STUDY BACKGROUND To assess the parking needs at the Nimbus Center with the proposed new retail uses, we have provided parking data collected on a Saturday in March 2013 and on a typical mid-week day in August 2013. The data includes the total number of available parking stalls (by location and type) along with the total number of parked vehicles per hour between 10:00 a.m. and 7:00 p.m. The data collection periods were selected based on conversations with City staff. Additional data related to building size and occupancy was also collected in order to determine the rate at which people are currently parking at the center. Today, the Nimbus Center includes a mix of retail/commercial businesses that cater to neighborhood residents and employees as well as people passing through along SW Scholls Ferry Road. The overall size of the Nimbus Center, including the Burger King, is approximately 26,279 square feet, of which 19,658 square-feet was occupied in both March and August 2013. There are 94 striped parking stalls within the surface lot serving the Nimbus Center, including 90 general use stalls and 4 disabled stalls. Additional use of three unmarked "curbside" stalls was noted during some periods as shown in Exhibit 1. The "curbside" stalls are not signed or striped, but field observations indicate that they are used during peak time periods. On-street parking is prohibited along SW Nimbus Avenue and SW Scholls Ferry Road. The closest on-street parking is provided along SW Springwood Drive located approximately Y4 mile to the east. FILENAME:H.•I PROJFILE113839-NIMBUS CENTER PARKING STUDYI REPORT]FINAL 113839 REP].DOCX Nimbus Center Project ti" August 26,2013 Page:2 Filirir am` y . i : - ; ' Unstriped ∎,\\' ,�, � `---�... / "� ' ,, %, \ �•.Parking Area ilt , - \"„i, .....41/ -', .. ° 4/Ifri . -- , r- „L .1. f E}. • i S : • ` ` �*- T Exhibit 1. Unstriped Curbside Parking Area Weekday Parking Demand The parking data collected indicates that weekday peak parking demand occurs from 1:00 to 2:00 p.m. with demand for 64 parking stalls (30 spaces remained unused), which includes use of the unmarked "curbside” spaces. This represents a peak parking ratio of 3.3 vehicles per 1,000 square-feet of occupied building space. Exhibit 2 summarizes the parking ratios that occurred at the Nimbus Center over the 10-hour study period. As shown, parking demand is generally below 3.0 throughout most of the day. Kittelson&Associates,Inc. Portland,Oregon Nimbus Center Project#:13839 August 26,2013 Page:3 Exhibit 2.Weekday Parking Demand 4.0 ai 3.5 'I- 3.3 51, 3.0 3.0 ?:$ 0 $ 2.5 2.5 ri a 2.5 L. 2.2 co I 2.1 2.0 0 1.5 ---- 1.3 v a E 1.0 ---- ---- O ao 0.5 0.0 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM Time of Day Saturday Parking Demand The parking data collected indicates that Saturday peak parking demand occurs from 12:00 to 1:00 p.m. with demand for 49 parking stalls (45 spaces unused). This represents a peak parking ratio of 2.5 vehicles per 1,000 square-feet of occupied building space. Exhibit 3 summarizes the parking ratios that occurred at the Nimbus Center over the 10-hour study period. As shown, parking demand is generally below 3.0 throughout the day. Kittelson&Associates,Inc. Portland,Oregon I � Nimbus Center Project#:13839 August 26,2013 Page:4 Exhibit 3.Saturday Parking Demand 4.0 ai 3.5 vai 3.0 0 0 0 2.5 2.5 2.2 2.1 2.2 0 2.0 2.0 ,a 2.0 1.7 1.5 O 1.5 — 4 1.3 v c E 1.0 0 c 0.5 - --- fel a 0.0 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM Time of Day OBSERVATIONS As noted above, observed peak parking demand occurs on the weekday, with demand notably lower on Saturday. Even during peak demand, 30 parking spaces remained available and no drivers were observed to be queued waiting for a parking space. Further, no overflow-to off-site parking areas was noted. Motorists enter the Nimbus Center from SW Nimbus Avenue. Pavement markings and signs direct motorists toward the right where they can enter the Burger King drive through or begin to circulate the parking lot. The current throat depth of the site driveway provides sufficient distance for motorists to enter the site and decide where to go without causing other motorists to spill back onto SW Nimbus Avenue. There are no residential areas in the immediate site vicinity that would serve as convenient parking for employees or customers of the Nimbus Center. Given the parking lot is not fully occupied and there are no residences nearby, no parking impact to local residents is expected from the proposed parking reduction. Kittelson&Associates,Inc. Portland,Oregon 1 - Nimbus Center Project#:13839 August 26,2013 Page:5 CONCLUSION Based on our review of existing parking conditions at the Nimbus Center on both a weekday and a Saturday, we conclude that the existing parking facilities can accommodate parking demand on—site assuming approval of the requested 20% minimum parking reduction. No off-site parking or queuing impacts are anticipated as a result of the proposed change. We trust that this letter provides you with sufficient information related to parking conditions at the Nimbus Center. Please feel free to contact us if you have any questions, comments, or need any additional information. Sincerely, KITTELSON &ASSOCIATES, INC. rte, Matthew Be Chris Brehmer, P.E. Planner Principal Engineer Attachments: Parking Demand Data PR 031NFlc s, 449 MINE I ir» sod° Expires:J E-3I- 3 Kittelson&Associates,Inc. Portland,Oregon 0::: Quality Counts •:'ANSPORTATI(N. J., I /. COLLECTION SERVICES 7409 SW Tech Center Dr,Ste 150 Portland,OR 97224 Parking Utilization Survey Tuesday 8/20/2013 Nimbus Center Zone A Zone B Zone C Zone D Zone E o 'A o v f6 -, — v o v, f, -°D 6 - 6 °a -° Stall o �a Co. D CO. - c a �o c o_ -v 7, v v 0o a• co o. on a+ (0 0. Oo y.., (C 0. OD 4... (V Q OD a+ -e . 0. Classification �' = ° CC "' _ CO V' _ ° "' _ ° ^ v _ CV Available 9 0 2 1 32 0 31 3 16 3 0 Stalls Time Occupied Stalls Occupied Stalls Occupied Stalls Occupied Stalls Occupied Stalls 10:00 AM 5 0 2 0 14 0 10 1 9 0 0 11:00 AM 5 0 2 0 16 0 14 2 11 0 0 12:00 PM 5 0 2 0 21 0 18 1 10 1 0 1:00 PM 5 0 2 0 19 0 21 0 14 3 0 2:00 PM 5 0 2 0 15 0 19 1 11 3 0 3:00 PM 3 0 1 0 17 0 15 1 10 3 0 4:00 PM 3 0 1 0 16 0 13 0 9 3 0 5:00 PM 7 0 0 0 15 0 13 0 6 3 0 6:00 PM 6 0 1 0 17 0 12 0 3 1 0 7:00 PM 3 0 1 1 14 0 5 0 0 1 0 Note: "curbsite"spaces in Zone E were not actual parking spots, but people parked there as the lot go busy (Iii Quality Counts RANSPORTATION DATA COLLECTION SERVICES 7409 SW Tech Center Dr,Ste 150 Portland,OR 97224 Parking Utilization Survey Saturday 3/16/2013 Nimbus Center Zone A Zone B Zone C Zone D Zone E a a v L a L a, -o* ns '6 N '� "O a) c6 H "O N f0 0 'O N to N "O 'a N c a — c o_ — c a — c n = — Stall y a OD ;° a ao `.° m a ao ;° n on .f6 a = rp a. �n = m Gl vi 2 cv N in Classification cC V ct u cc c _ ° c N u _ Available Stalls 9 0 2 1 32 0 31 3 16 0 0 Time Occupied Stalls Occupied Stalls Occupied Stalls Occupied Stalls Occupied Stalls 10:00 AM 4 0 0 0 15 0 8 0 3 0 0 11:00 AM 4 0 1 0 18 0 8 1 2 0 0 12:00 PM 4 0 1 0 22 0 19 1 2 0 0 1:00 PM 4 0 1 0 19 0 14 0 2 0 0 2:00 PM 9 0 1 0 17 0 13 1 2 0 0 3:00 PM 7 0 2 0 18 0 10 0 2 0 0 4:00 PM 6 0 1 1 18 0 11 2 3 0 0 5:00 PM 8 0 0 0 16 0 16 1 2 0 0 6:00 PM 6 0 0 0 12 0 7 0 2 0 0 7:00 PM 8 0 0 0 7 0 8 0 2 0 0 *Curbside parking was not segregated in this study,though it was counted within Zone E I 1,11 . . : . . . TIGARD City of Tigard July 18, 2013 Noel Johnson Killian Pacific LLC 500 E Broadway, Suite 110 Vancouver,WA 95993 RE: Completeness Review Nimbus Center Parking Adjustment VAR2013-00007 Dear Mr.Johnson: The City has received your application for a 20% adjustment to the minimum parking standards for the Nimbus Center (VAR2013-00007). Staff has completed a preliminary review of the submittal materials and has determined that the following additional information is necessary before the application can be deemed complete: 1. Submit 3 additional copies of the complete application packet. This includes plans, narrative, and all application materials that have been submitted to the City. Please only include the revised version of all items. These packets must be collated and plans must be folded. 2. Submit two sets of pre-stamped, pre-addressed envelopes. Property owner list must be produced by Chris Wiley in the Planning Department, 503-718-2714. Should you have any questions with regard to these items, please contact me at 503-718- 2437. Sincerely, /�r - , ��,A+t c�L C-C4; mod✓ Cheryl Caines Associate Planner cc: VAR2013-00007 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov IIII s V TIGARD City of Tigard August 12, 2013 Noel Johnson Killian Pacific LLC 500 E Broadway, Suite 110 Vancouver,WA 95993 • RE: Completeness Review Nimbus Center Parking Adjustment VAR2013-00007 Dear Mr.Johnson: - The City of Tigard received your application submittal for a 20% minimum parking reduction on June 27, 2013. The project site is located at 10115 SW Nimbus Avenue. Staff has completed a preliminary review of the submittal materials and has determined that your application was complete as of July 29, 2013 for the purpose of beginning the 120-day review period for a final decision. The formal comment and review process typically takes 4 weeks. It should be noted that staff has not reviewed the application submittal for compliance with the relevant code criteria, and that additional items may arise during the application review which may require further clarification or additional documentation. Should you have any questions with regard to these items, please contact me at (503) 718- 2437. Sincerely, Cheryl Caines Associate Planner c: VAR2013-00007 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov