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Home My WebLink AboutMMD2009-00016 MMD2009 - 00016 HAVA JAVA COFFEE KIOSK ADDITION • NOTICE OF TYPE I DECISION U, MINOR MODIFICATION (MMD) 2009-00016 HAVA JAVA COFFEE KIOSK ADDITION 120 DAYS = 09-09-2009 SECTION I. APPLICATION SUMMARY FILE NAME: Hava Java Coffee Kiosk Addition CASE NO.: Minor Modification(MMD) MMD2009-00016 PROPOSAL: Applicant proposes to place a pre-fabricated structure for a 285 sq. ft. two way coffee kiosk m the Greenway Town Center. Ten new parking spaces will be created by re-striping 26 existing spaces to be 36 compact parking spaces. Water, electric and sanitary service will be brought to the building.No new surfaced area will be created.The parking lot island nearest the kiosk will be re-landscaped. APPLICANT: Terry Brandt/Ron Yost OWNER: Greenway Properties,LLC 12150 SW Scholls Ferry Rd. c/o Regency Centers Tigard, OR 97223 5335 SW Meadows Rd., Ste. 295 Lake Oswego, OR 97035 LOCATION: 12210 SW Scholls Ferry Rd.;WCTM 1S134BC,Tax Lot 00300. ZONING DESIGNATION: C-G: General Commercial District (PD). The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.745 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. MMD2009-00016 Hava Java Coffee Kiosk Decision 051209 Page 1 CONDITIONS OF APPROVAL . PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Applicant shall apply for permitting of signs by separate application and review. 2. Applicant shall install traffic control markings on the paving and directional signs as marked on the reviewed plans (Copy provided to applicant). 3. Applicant shall install an external speaker on the east side of the parking lot island to alert customers to not block the traffic flow along the north side of the parking lot. 4. Applicant shall re-landscape the island where the old kiosk is to be removed. The landscaping shall consist of trees and other vegetation consistent with the most successful of the other parking islands on the project. 5. Applicant shall obtain all required permits from the Building Division and shall comply with the State Building Code regarding barrier free construction and manufactured structure licensing. 6. Applicant shall request final inspection approval by the Planning Division prior to occupancy. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject project is located at 12210 SW Scholls Ferry Road, WCTM 1S134BC, Tax Lot 00300. The request is to place a kiosk in the first 8 parking spaces on the north end of a double parking section near Scholls Ferry Road and to remove the existing kiosk from a parking lot island. The development, Greenway Town Center, is currently non-conforming regarding required parking, but has not appeared to be insufficient. Proposal Description: Applicant proposes to place a pre-fabricated structure for a 285 sq. ft. two way coffee kiosk in the Greenway Town Center. The required nine new parking spaces will be created by re- striping 26 existing spaces to 36 compact parking spaces. Water, electric and sanitary service will be brought to the building. No new surfaced area will be created. The parking lot island nearest the kiosk will be re-landscaped. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density,or lot coverage for residential development; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. MMD2009-00016 Hava Java Coffee Kiosk Decision 051209 Page 2 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The proposal is to provide 10 additional parking spaces and will be achieved by re-striping 26 spaces that are standard and larger to create 36 compact parking spaces. The non-conforming parking for the Gateway Town Center has decreased by 1 through this project. Therefore, this criterion has been satisfied. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20%; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off- site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The proposal does not increase vehicular traffic to and from the site by 100 vehicles per day. The addition of one service window more than the existing kiosk is projected to be no more than 50 additional trips per day. Therefore, this criterion has been satisfied. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; The 285 sq. ft. kiosk addition to the property is excluded. Therefore, this criterion is satisfied. 9. A reduction in the area reserved for common space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. The proposal does not reduce the project amenities.Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of side development review approval which are not the subject of B 1 through 10 above of this subsection. MMD2009-00016 Hava Java Coffee Kiosk Decision 051209 Page 3 FINDING: Based on the .ilysis above, Staff fords that the criteri r minor modification of a site development have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MAY 12, 2009 AND BECOMES EFFECTIVE ON MAY 13, 2009. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. May 12, 2009 APPROVED BY: Darrel"0/1/111S21-Th "Watkins DATE Assistant Planner MMD2009-00016 Hava Java Coffee Kiosk Decision 051209 Page 4 1- CITY OF TIG 'ARD Approved LVI- ":►nditionall Approved [ Y C ! 'L' ; Far only the w rk as,described in: , PERMIT MIT NO. D ' -- ,. 2 f(7 _ —� • See otter to: Follow ____ [ I ecAt.e ` i } ii o� � -< �� lob Ad i : ,�;?�Z/I' 1 � l'' "��N'_iir! y► Itil i � Hi 0 1 s ey Y"R. Date:_ l o ONO CPS •• C) , o C. _�-S.w=' i .��1.� < P 1-2 °1,i a ' <D ` ) -"' ,+e— ■1■i solo' "um G 1 s. 23/V rrrn e - - - —"°�`T --r------- 0._ W._so _-. - .ono--'-I'-_--•�" VION1TY AMP l _ -_..� -� _yr,.sm�1°�� 1 �/ 1 1 CONNECT ITO EX.WW1 �--- .p�.m i i !{�(1 eo:�./� y yes I\ WATER mu)VERITY r „ems■'"- ij l• c 'S(1 PRIOR TO CONNECTION) •-� : • m�-'+P�� 'SQUAWK IOX�'TO A�.[RT PR WATER SERVICE W ,m�m lay !4 aR1 a A /// ` eiQSTaouEaa oRIT�I�IE _", aP-". 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Lunsford, being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County,Oregon and that I served the following: {Check Appropriae Box(s)&k a} ❑x NOTICE' OF DECISION FOR MMD2009-00017/TRIANGLE POINTE BUILDING (File No./Name Reference) AMENDED NOTICE City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on May 15,2009,and deposit0 • the United States Mail on May 15,2009,postage prepaid. ti • (Person tha repare otic STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the c day of e (% ,2009. i; OFFICIAL SEAL T SHIRLEY L TREAT �,(, , NOTARY PUBLIC-OREGON NOTARY PU LIC OF OREGON COMMISSION NO.418777 MY COMMISSION EXPIRES APRIL 25,2011 My Commission Expires: 4/a's1(I • U City of Tigard, Oregon 13125 SW Hall Blvd. • Tiga. , OR 97223 May 15, 2009 I1 • • Deacon Development Group T I }" Attn: Kendra Howell, Development Manager �:' 901 NE Glisan Street, Suite 100 Portland, OR 97232 RE: Minor Modification Approval for City of Tigard Case File No. MMD2009-00017/Triangle Pointe Building Dear Ms. Howell: This letter is in response to the Deacon Development Group application received by the City on April 23,2009 for a Minor Modification approval for the site located at 13333 SW 68th Parkway, Washington County Tax Assessor's Map 2S101DA, Tax Lot 00104. The proposed modifications to the existing development are described in the application narrative and site plan and include restriping and landscaping of the northern and eastern parking lots, removal of landscape trees adjacent to the building,addition of a 412 foot vestibule entrance, minor regrading to provide accessible routes to meet ADA requirements,additional planting along the eastern lot line to meet buffer and screening requirements, and the potential future 4,316 square foot addition to the upper storey penthouse. The following analysis shows that, the proposed development is a minor modification and is hereby approved,with conditions of approval. Section 18.360.060.A of the Tigard Development Code Site Development Review chapter, states; "any modification which is not within the description of a major modification as provided in section 18.360.050 shall be considered a minor modification." Section 18.360.050 states that the Director shall determine that a major modification(s) has resulted if one (1) or more of the changes listed below have been proposed: 1. An increase in dwelling unit density or lot coverage for residential development. The subject development is commercial. This criterion does not apply. 2. A change in the ratio or number of different types of dwelling units. The subject development is commercial. This criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The applicant's site plan and narrative, the subject site contains 539 parking spaces. The minimum parking requirement for the existing and proposed office use is 282 spaces (104,323 square feet x 2.7/1,000 square feet). The proposed total 4,728 square foot addition (vestibule and penthouse) would require an additional 13 spaces for a total of 295 spaces. Therefore, no additional on-site parking is required by this application. Page 1 of 4 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. The application is to upgrade an existing office building and does not propose a change in the occupancy or construction type. 5. An increase in the height of the building(s) by more than 20 percent. As stated in the applicant's narrative, the existing building is approximately 71'-6" in height. The proposed modification does not involve a change to the height of any building. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. The proposed parking lot modifications include restriping existing stalls from 45 to 90 degrees and adding parking lot landscaping. No additional impacts to off-site traffic would be expected as a result of these improvements. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day. The applicant submitted a letter of clarification dated May 11, 2009 clarifying the net increase in the penthouse addition is 4,316 square feet and not 6,700 square feet as shown in the original application. Based on the Washington County Transportation Impact Fee Manual,the proposed 4,316 square foot addition would generate approximately 72 trips per day (x 16.7 trips/1,000 square feet for the proposed office use). Therefore, the increase in vehicular traffic as a result of the modification would not be expected to exceed 100 vehicles per day. 8. An increase in the floor areas proposed for a non-residential use by more than ten percent excluding expansions under 5,000 square feet. The existing building is approximately 104,323 square feet. The proposed 7,112 square foot addition (6.8%) is greater than 5,000 square feet but less than 10%. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by the code or reduces the open space areas by more than ten percent. There is no minimum open space requirement for the subject site. 10. A reduction of project amenities (recreational facilities, screening; and/or, landscaping provisions) below the minimum established by the code or by more than ten percent where specified in the site plan. The applicant proposes additional parking lot landscaping and modification to the landscaping surrounding the building. The applicant proposes additional screening of the modified parking lots. No reduction of project amenities is proposed. May 15,2009 Page 2 of 4 Tigard Pointe Minor Modification (MMD2009-00017) 11. A modification to the conditions imposed at the time of Site Development Review approval that is not the subject of criteria B1 through 10 above. A review of City records shows two land use permits applicable to the subject property. The conditions of approval relate to protection of trees and street and sidewalk improvements. The applicant does not propose any modifications to the listed conditions. As the findings above show,the proposed development is a minor modification to an existing development. In addition, Tigard Development Code (TDC) 18.360.060.C.1 states that a minor modification shall be approved, approved with conditions, or denied following the Director's review based on the finding that the proposed development is in compliance with all applicable requirements of this title. Section 18.765.040. contains general design standards for parking lots. Section 18.765.040.G requires parking lot landscaping in accordance with the requirements of Chapter 18.745. Section 18.745.050.E includes standards for screening and landscaping of parking and loading areas (below). In addition, Section 18.620.070 includes landscaping and screening standards (L-2) applicable to the Tigard Triangle for general landscaping of landscaped and screened areas within parking lots, where trees shall be provided at a minimum 2-1/2 inch caliper, at a maximum spacing of 28 feet and shrubs shall be of a size and quality to achieve the required landscaping or screening effect within two years. Screening of parking and loading areas is required. The specifications for this screening are as follows: (1) Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. These design features may include the use of landscaped berms, decorative walls and raised planters; (2) Landscape planters may be used to define or screen the appearance of off-street parking areas from the public right-of-way; (3) Materials to be installed should achieve a balance between low lying and vertical shrubbery and trees; (4) Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect; and (5) The minimum dimension of the landscape islands shall be three feet and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. FINDING: As shown in the applicant's Landscape Plan (Sheet L2.0), new and existing landscaping is shown along approximately 68% of the I-5 frontage (370 feet/540-foot total) and approximately 13% of the Hwy 217 frontage (200 feet/1560 feet total) or 28% of the Phase I ("Phase Line" as shown on the Sheet L2.0) frontage (200 feet/720 feet). The Phase I frontage has been determined by the area of parking lot required to provide the minimum parking for the proposed expanded building. The minimum parking requirement is 295 (2.7/1,000 square feet x 104,323 square feet); the maximum is 354 spaces (3.4/1,000 square feet x 104,323 square feet). The landscaping standards apply, at minimum, to the Phase I parking lot area. Aerial photos show that additional existing landscaping exists within the Phase I area along Hwy 217 north to a Phase Line projected for the maximum allowed parking area (approximately 250 feet north of the Phase Line shown on the plan). May 15,2009 Page 3 of 4 Tigard Pointe Minor Modification(MMD2009-00017) • The Tigard Triangle L-2 standards (Section 18.620.070.A.2) are applicable for screening the parking lot from Highway 217 and Interstate 5 within the Phase I area as described above. The applicant shall submit a revised landscape plan showing existing and proposed landscaping sufficient to screen the parking lot consistent with L-2 standards. If slight encroachment into the ODOT right-of way is required in some locations,the applicant will need to obtain a permit from ODOT prior to planting(contact Steve Schalk at 503-229-5267). Section 18.765.040 provides for general design standards for parking lots including parking lot striping: 1. any area intended to be used to meet the offstreet parking requirements as contained in this chapter shall have all parking spaces clearly marked; and 2. All interior drives and access aisles shall be clearly marked and signed to show direction of flow and maintain vehicular and pedestrian s afety. FINDING: The applicant's Overall Site Plan (Sheet C2.0) shows parking spaces restriped consistent with this standard.However,the interior drives and access aisles have not been marked and signed to show direction of flow.A condition of approval will be applied to ensure this standard is met. CONDITIONS: 1. The applicant shall submit a revised landscape plan for the Phase I area showing existing and proposed landscaping sufficient to screen the parking lot consistent with L-2 standards. If slight encroachment into the ODOT right-of way is required in some locations, the applicant will need to obtain a permit from ODOT prior to planting(contact Steve Schalk at 503-229-5267). 2. The applicant shall submit a revised site plan showing that all interior drives and access aisles are clearly marked and signed to show direction of traffic flow and maintain vehicular and pedestrian safety. If you have any questions,please feel free to call me at 503-718-2434. Sincerely, Gary Pagenstecher Associate Planner May 15,2009 Page 4 of 4 Tigard Pointe Minor Modification(MMD2009-00017) /'___. I— VICINITY MAP Ej 1 ! 1 i! ? MMD2009 00017 Y TRIANGLE POINTE ` ' J > BUILDING a --\—\\\.- 1-, 1~ ZG Subject Site ll r •t 1N \..\\N\ i ly VAFtNS S1 K 1 4( °� 4 iF� x _4 ram'`:,. y 5 4• `lam 1 z - 1 fil Ln;A -sue ..................... 0 O • SC _.i [ } \ s • v7 s / — II / , Information on this map is for general location only and should be verified with the Development Services Division. Scale 1:3,311-1 in=276 ft I-,..., Map printed at 15-May-09 0241 PM /r NiOATH IS DERWED FROM MULTIPLE SOURCES.THE CITY OF TIGARD MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE CONTENT.ACCURACY TIMELINESS OR COMPLETENESS OF ANY OF THE y ASSUME NO LIABILIDATA TY FOR ANY ERRORS.OMISSIONS,OR INACCURACIES VIDED HEREIN.THE CITY OF TIGARD�L IN THE Z�A �� INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. SANUE3Uf2G S.I yh Y City of Tigardi� DD 13125 SW Hall Blvd igar'Qje,7A TIGA^MAPS T 503 63C9-417123 sI 3 _� '.,Il www.tigard-or.gov ..• ► 2S101DA00104 EXHIBIT /)) . TRIANGLE POINTE LLC 901 NE GLISAN ST#100 PORTLAND,OR 97232 171! AFFIDAVIT OF MAILING I, Patricia L. Lunsford, being first dulysworn/affirm,on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County,Oregon and that I served the following: (]Mknvan, Box(s)Bowl ❑X NOTICF OF DECISION FOR MMD2009-00016/HAVA JAVA COFFEE KIOSK ADDITION (File NoiName Reference) AMENDED NOTICE City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on May 12,2009,and deposited in the United St to ' on May 12,2009,postage prepaid. 1766 (Person that Prep d Notice STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 0'1 day of ,2009. OFFICIAL SEAL -7 NOTARY PUSHIRLEY C- EAT ORE `'' J NOTARY PUBLIC-OREGON Y OM COMMISSION PRIL 2 ,2 TARP P LIC OF OREGON MY COMMISSION EXPIRES APRIL 2S,2011 My Commission Expires: 4b-..5 I / EXHIBIT A. NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2009-00016 HAVA JAVA COFFEE KIOSK ADDITION T I G A R D 120 DAYS = 09-09-2009 SECTION I. APPLICATION SUMMARY FILE NAME: Hava Java Coffee Kiosk Addition CASE NO.: Minor Modification (MMD) MMD2009-00016 PROPOSAL: Applicant proposes to place a pre-fabricated structure for a 285 sq. ft. two way coffee kiosk in the Greenway Town Center. Ten new parking spaces will be created by re-striping 26 existing spaces to be 36 compact parking spaces. Water, electric and sanitary service will be brought to the building. No new surfaced area will be created.The parking lot island nearest the kiosk will be re-landscaped. APPLICANT: Terry Brandt/Ron Yost OWNER: Greenway Properties,LLC 12150 SW Scholls Ferry Rd. c/o Regency Centers Tigard, OR 97223 5335 SW Meadows Rd., Ste. 295 Lake Oswego, OR 97035 LOCATION: 12210 SW Scholls Ferry Rd.;WCTM 1S134BC,Tax Lot 00300. ZONING DESIGNATION: C-G: General Commercial District (PD). The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.745 and 18.765. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. MMD2009-00016 Hava Java Coffee Kiosk Decision 051209 Page 1 CONDITIONS OF APPROVA PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION, THE FOLLOWING CONDITIONS SHALL BE SATISFIED 1. Applicant shall apply for permitting of signs by separate application and review. 2. Applicant shall install traffic control markings on the paving and directional signs as marked on the reviewed plans (Copy provided to applicant). 3. Applicant shall install an external speaker on the east side of the parking lot island to alert customers to not block the traffic flow along the north side of the parking lot. 4. Applicant shall re-landscape the island where the old kiosk is to be removed. The landscaping shall consist of trees and other vegetation consistent with the most successful of the other parking islands on the project. 5. Applicant shall obtain all required permits from the Building Division and shall comply with the State Building Code regarding barrier free construction and manufactured structure licensing. 6. Applicant shall request final inspection approval by the Planning Division prior to occupancy. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject project is located at 12210 SW Scholls Ferry Road, WCTM 1S134BC, Tax Lot 00300. The request is to place a kiosk in the first 8 parking spaces on the north end of a double parking section near Scholls Ferry Road and to remove the existing kiosk from a parking lot island. The development, Greenway Town Center, is currently non-conforming regarding required parking, but has not appeared to be insufficient. Proposal Description: Applicant proposes to place a pre-fabricated structure for a 285 sq. ft. two way coffee kiosk in the Greenway Town Center. the required nine new parking spaces will be created by re- striping 26 existing spaces to 36 compact parkingspaces. Water, electric and sanitary service will be brought to the building. No new surfaced area will be created. The parking lot island nearest the kiosk will be re-landscaped. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B contains the following criteria for approval of a request for Minor Modification: Section 18.360.050.B states that the Director shall determine that a major modification will result if one or more of the following changes are proposed. There will be: 1. An increase in dwelling unit density, or lot coverage for residential development; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore,this criterion does not apply. moss MMD2009-00016 Hava Java Coffee Kiosk Decision 051209 Page 2 3. A change that requires additional on-site parking in accordance with Chapter 18.765. The proposal is to provide 10 additional parking spaces and will be achieved by re-striping 26 spaces that are standard and larger to create 36 compact parking spaces. The non-conforming parking for the GatewayTown Center has decreased by 1 through this project. Therefore, this criterion has been satisfed. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; There are no proposed changes in the type of structures. Therefore, this criterion does not apply. 5. An increase in the height of the building(s) by more than 20%; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off-site traffic would be affected; The proposal does not change the type or location of access ways or parking areas where off- site traffic would be affected. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The proposal does not increase vehicular traffic to and from the site by 100 vehicles per day. The addition of one service window more than the existing kiosk is projected to be no more than 50 additional trips per day. Therefore, this criterion has been satisfied. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; The 285 sq. ft. kiosk addition to the property is excluded. Therefore, this criterion is satisfied. 9. A reduction in the area reserved for common space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; The proposal does not reduce the area reserved for common space or usable open space. Therefore, this criterion does not apply. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. The proposal does not reduce the project amenities.Therefore, this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The proposal does not modify conditions imposed at the time of side development review approval which are not the subject of B 1 through 10 above of this subsection. MMD2009-00016 Hava Java Coffee Kiosk Decision 051209 Page 3 FINDING: Based on th. .nalysis above, Staff fords that the critet.__ or minor modification of a site development have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MAY 12, 2009 AND BECOMES EFFECTIVE ON MAY 13, 2009. Questions: If you have any questions, please call the City of Tigard Planning Division, "Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. May 12,2009 APPROVED BY: Darrel" p"Watkins DATE Assistant Planner MMD2009-00016 Hava Java Coffee Kiosk Decision 051209 Page 4 1. CITY OF TIGARD ' Approved [14 anditionally Approved I ) • . 11tI For only the w rk "described in: Tf PERMIT NO. �La/V/lam __ s M See etter to: Follow 2 -< Ell � �Tob Add s : /2,2/0 561/1..2 I`'.' ',. j:rr:! C °,N 71 c M E . Date: �_ - -� § gRYRt7rd7 - F 4 O t 5 _CT {IV.SCN _ t O ac CA � ,Mi • .0-til ille § 44b "� VICINITY AMP -f xla� , ^r axlKte(T ro[x awn f .._r---�- r--r''•M— • /'•P+1 1•Yrf I MICR YO Cp1KICTAN) :�� r - 'SQUAWK 1• 'To A.Gr —^ / ►R.WATS atRVlu BLACK T omvt I / / \ } �'��/ • 10:'(;11 II ,r,„.....e / t�lTMQA�. a'4100�� . / \ \ \ i �I [VIM CK.C CC ICAL,SCRWCt �; L.;,:„.. .tLICTRICAI \v Y/ 1 i.I I �� / % ' 4 \ J'M.WAVA JAVA StAf\NLI sc. .oc)‘,.) J 1,i r k. '- / lil )r/H 4 , ,E, , i di , I' Ty_ AtO 44 I • II% ' i1iII (.0PMFP.1'Il M.IAMTARr ItRW\- ,Al I. ;P10 g iI1I ',, ,,,4 o _----..._1f1.p11s-_-...-._—..-.—MmEeN I.---.... wWWoMOeW WO, mW 1 ` +r a--A -r +-� .r-` .r-�r•"T• ir—s—s—a•— MONO.COMIC IMAMS ,, —N.__ wr ISM, r % + N-•- •w16 ti1t /—.•.- M•1 in e M—Ill- IRMnIKR•R Y1tI1MM Y[ —ar— al.+w.xr uN aR{ f� iii 1 1 tw aw1�Io 5 w-N ' -- NI Y F n1a wN 1 ! .Oi II,.Y., rr IM.-IdI•. r J rM•wr--fit-NA R K..A.- OM.IMLW ' I 1 p .r M-•MMMm awn- J-J• )..� MN-Mr sum loam. 4 Il. Not , 1°)' '!I i M.a OOP W-N Stx1 • , \ \ 1 ail r , 14 u<4 it wIpt . 164 l2 s ti.S(1 ?O witt 12-0 ' 1;I ! 6.1ET 61pInt4= 6 efrAtts) �•z'- ) ( xi&T6A-14: 4ci►k«-f) • �.5 20.5-4I(o -irkt � ----' v 2 0 5 -t-SiI QuAt 512 a ,.��v' 4 • 1VIMD2009-00016 EX H I B I T(/� HAVA JAVA COFFEE KIOSK ADDITION Terry Brandt&Ron Yost 12150 SW Scholls Ferry Road Tigard,OR 97223 Greenway Properties,LLC do Regency Centers 5335 SW Meadows Road,Suite 295 Lake Oswego,OR 97035 CITY OF TIGARL RECEIPT 9 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 173476 - 05/07/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID 06POS-00000-#0000 COT Address Fee 100-0000-433070 $50.00 Total: $50.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 4995 STREAT 05/07/2009 $50.00 Payor: Hava Java Inc Total Payments: $50.00 etI Net() Pcid ° 16(Nrit W16Gs ` Page 1 of 1 APPLICANT MATERIALS PEE-APP.HIED BY: CITY OF TIGARD PLANNING DIVISION �� [,} LAND USE PERMIT APPLICATION 2 2 200a •- City of Tigard Permit Center 13125 SW Hall Blvd., Tigard, OR 97223 TIGARD Phone: 503.639.4171 Fax:503.598.1960 CITY OF TIGARD PLANNINGIENG1NEE/RING File#I SA A0C0 9 Other Case# Date ( Receipt# ' ` Fee Date Complete '/Q Gl 07 TYPE OF PERMIT YOU ARE APPLYING FOR KA ®Adjustment/Variance(I or II) ❑ Minor Land Partition(II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment(IV) ❑ Planned Development(ITT) ❑ Zone Change Annexation (IV) ❑ Conditional Use(III) 0 Sensitive Lands Review(I,II or III) ❑ Zone Ordinance Amendment(IV) ❑ Historic Overlay (II or III) 0 Site Development Review(II) ❑ Home Occupation (II) ❑Subdivision(II or III) LOCATION WHERE PROPOSED ACTIVITY WILL OCCUR(Address if available) SW Scholls Ferry Rd. - ' TAX MAPS&TAX LOT NOS. Map 1S1 34BC,Tax Lot 300 TOTAL SITE SIZE ZONING CLASSIFICATION 8 acres +/- General Commercial PD APPt1CANT' Terry Brandt/ Ron Yost MAILING ADDRESS/CITY/STATE/ZIP 12150 SW Scholls Ferry Rd./Tigard,OR/97223 PHONE NO. FAX NO. 503.227.2777/503.702.1159 PRIMARY CONTACT PERSON PHONE NO. Kirsten Van Loo 503.956.4180 PROPERTY OWNER/DEED HOLDER(Attach list if more than one) Greenway Town Center LLC 4eifeyMAILING ADDRESS/CI Y/STATE/ZIP ' 5335 SW Meadows Rd., Ste. 295 r G.-g/Z42#94)/ DR 70"5"" PHONE NO. FAX NO. 503.603.4700 6-0 3 (o ) y • u *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(Please be specific) The existing HAVA JAVA Coffee Kiosk located in the parking lot of the Greenway Town Center is owned and operated by HAVA JAVA and has a single service window with the vehicle aisle. HAVA JAVA plans to relocate within the same parking bay and replace the existing facility with a two-aisle service system and a walk-up window building.The drive-up coffee service building is currently operating at and will be relocated and permanently installed at this location. APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc 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. & i . 44"14,4( 4/4„,,,e, 9 is Signature (A� �� L ./G Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Airlic ent/Representative's Signature Date Applicant/Agent/Representative's Signature Date CITY OF TIGARL71 RECEIPT it $ 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 173306 - 04/22/2009 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2009-00016 Minor Modification to an Approved Plan 100-0000-438000 $500.00 MMD2009-00016 Minor Modification to an Approved Plan- 100-0000-438050 $74.00 LRP Total: $574.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 4993 KPEERMAN 04/22/2009 $574.00 Payor: Hava Java Inc. Total Payments: $574.00 Balance Due: $0.00 Page 1 of 1 RECEIVED APR 2 2 2009 AR COFFEE RUSH SITE NG EEIRING MODIFICATION 1st Submittal-January 2009 1.TYPE I: MINOR MODIFICATION TO GREENWAY TOWN CENTER PD TABLE OF CONTENTS I. PROPOSAL SUMMARY 2 GENERAL INFORMATION 2 EXECUTIVE SUMMARY 3 II. COMPLIANCE WITH THE CITY OF TIGARD DEVELOPMENT CODE 3 Proposal Summary GENERAL INFORMATION Property Owner GreenWay Town Center LLC Regency Centers 5335 SW Meadows Road, Suite 295 Lake Oswego, OR 97035 [T] 503.603.4700 Applicant Terry Brandt/Ron Yost Hava Java, Inc 12150 SW Scholls Ferry Road Tigard, OR 97223 [T] 503.227.2777 or 503.702.1 159 (cell) tlbrandt@att.net Applicant's Representative Emerio Design Kirsten Van Loo 6107 SW Murray Blvd., Suite 147 Beaverton, OR 97008 [T] 503.956.4180 Map and Tax Lot Map is] 34BC, Tax Lot 300 Site Location SW Scholls Ferry Road @ 121 st Size 8 acres +/- Comprehensive Plan Designation Commercial Zoning General Commercial PD Pre-Application Meeting Date December 16, 2008 Neighborhood Meeting Date None Required 1IAVA JAVAiCoffee Rush Modification .iaruory 2009 initial Submittal EXECUTIVE SUMMARY The existing HAVA JAVA Coffee Kiosk located in the parking lot of the Greenway Town Center is owned and operated by HAVA JAVA, and has a single service window with vehicle aisle. HAVA JAVA plans to relocate one parking bay south of its current location, and replace the existing facility with a two-aisle (double drive-thru) service system and a walk-up window building. The new drive-up coffee service building is currently operating at Tualatin Valley Highway in Hillsboro, and will be relocated and permanently installed at this location. The existing Hava Java kiosk employees 3 full and part-time employees. The new double drive-thru coffee building will create up to 7 new full and part-time jobs. In addition, the new building will create a visual enhancement to the shopping center and replace a building that was originally constructed in 1990 and is showing signs of its dated age. TYPE I: MINOR MODIFICATION TO THE PD REQUEST: This application requests preliminary land use approval of a minor modification of the PD approval for the shopping development to allow the relocation of the coffee kiosk to a different position in the parking lot. SURROUNDING AREA: The property is developed with a shopping center containing a large grocery store, a drug store, a dollar store, and numerous smaller shops restaurants and take-out food service establishments. Scholls Ferry Road is a Major Arterial with 5 lanes of traffic. The intersection of 121st and Scholls Ferry Road is fully signalized. There are 2 curb cuts on the south side of Scholls Ferry Road serving this commercial center. II. COMPLIANCE WITH THE CITY OF TIGARD DEVELOPMENT CODE Section 18.360.060 of the TDC states that any modification which is not within the description of a major modification shall be considered a minor modification. Section 18.360.050 states that the Director shall determine that a major modification is required if one or more of the changes listed below have been proposed. 1. An increase in dwelling unit density 2. A change in the ratio or number of different types of dwelling units RESPONSE: This application is for relocation and minor expansion of an existing commercial use so criteria 1 and 2 do not apply to this modification request. 3. A change that requires additional on-site parking... RESPONSE: This application is for relocation and minor expansion of an existing coffee kiosk. The clients are either drive-thru clients or walk-up clients so the criteria for on-site parking does not apply to this modification request. i _:y^Uil F 4. A change in the type of commercial structure RESPONSE: No change in the "occupancy" type is proposed, therefore the criteria does not apply to this modification request. 5. An increase in height of the buildings by more than 20%. RESPONSE: This application is for relocation and minor expansion of an existing coffee kiosk facility. The new structure will be one story in height and the old kiosk will be removed. This standard is met. 6. A change in the type and location of accessways and parking areas where off- site traffic will be affected. RESPONSE: There are no changes proposed to the existing accessways or parking areas. The drive-up window is currently accessed by one way traffic, and the new kiosk will have two one-way aisles. The existing parking lot traffic plan and striping will remain, with this project. Stacking distances will be sufficient to accommodate the AM peak clientele, and the 200-foot stacking distance has been delineated on the accompanying drawing. The Off-site traffic will not be impacted by this minor change in the location of the kiosk. This standard is met. In addition, the Applicant considers the 200-foot stacking distance is excessive for a coffee drive-thru business that contains two drive-thru windows. A stacking distance of 50-100 feet is considered adequate to satisfy the code requirements for similar uses. However, irrespective of the shortened stacking distance, there is the potential for cars traveling west through the drive-thru, to stack beyond 2-cars and potentially block traffic. The drive-thru plan includes a directional arrow to orient traffic flow to minimize this possibility. In addition, the Applicant proposes the installation of a "squack box" (see attached plan) that would allow the drive-thru operator to alert drivers, who may potentially block traffic, with a pre-recorded message to "Please move your car to avoid blocking traffic". The owner of the shopping center requires that the new drive-thru must be located in the area described on the site plan. This is a pre-approved location that has been agreed to by all of the major shopping center tenants as part of their original leases. To move it to another location would require 100% approval from these tenants and it is not considered likely that this could be achieved. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles/day. RESPONSE: Expected additional vehicular trips will not exceed 100 vehicles/day. Research on coffee businesses and data gathered from espresso kiosks indicates operation hours between 5:30 AM and Noon. During this 6.5 hour operation day the average vehicle counts used for supply ratios are ten vehicles/hour or 65-80 vehicles/operational day. The expected trip increase with the addition of a second HAVA !AVA/Catfee Rush Modification January 2OO? Initial Subrnit•a drive-thru window will therefore be approximately 80 vehicle trips. This calculation assumes that the vehicles are accessing the site only for coffee, and does not acknowledge vehicles that may stop at one or more additional businesses at Greenway Center. This standard is met. In addition, the busiest time for the coffee business occurs in the mornings prior to 10:00 am. The kiosk is located on the "going-to-work" side of Scholls Ferry road and most of the cars enter the shopping center at the center's western most entry. The cars travel east across the parking lot to the kiosk and stack from this direction. Since most of the other shopping center tenants are not yet open, the parking lot is virtually vacant during the busiest times of the day. 8. An increase in the floor area...by more than 10% excluding expansions under 5,000 SF. RESPONSE: The new Kiosk is approximately 285 SF and is not over 5,000 SF. This standard is met. 9. A reduction in the area reserved for common open space . RESPONSE: This application is for relocation and minor expansion of an existing coffee kiosk. There are no open spaces or areas reserved for such so the criteria does not apply to this modification request. 10. A reduction in project amenities below the minimum established by the code..... RESPONSE: This application is for relocation and minor expansion of an existing coffee kiosk. The current kiosk is located in a landscape island, and will be relocated to occupy former parking spaces in the parking lot. Landscaping will be replanted in the existing island, thus increasing the site amenities. This criteria is satisfied. 11. A modification to the conditions imposed at the time of Site Development Review..... RESPONSE: This commercial center was approved and developed through the Planned Development process. There is approximately 93,000 SF of retail development. The uses change frequently, and there are some vacancies. There are approximately 400 parking spaces in the retail center, including those on the south side of the grocery store used by employees. There are approximately 4.3 parking spaces per 1,000 SF of retail development. This ratio exceeds the minimum necessary number of spaces for retail use, while it is not considered adequate for restaurant uses. Based on long- standing functionality of the existing parking lot, and knowledge that the coffee kiosk peak operation hours are during times when a majority of the other retail uses are closed the parking and circulation of the site will not be compromised by this minor change in kiosk location and vehicle circulation. Trash service is provided by Waste Management of Oregon, Washington County, Oregon #isV 3.JAVA/Co,e?Push MYtodif cotio,-. CO? Irliiigl Submiiicx Please refer to the plans for re-landscaping selections for the vacated landscape island, traffic flow patterns and stacking distance dimensions. • H^\VA °`M d!'cato.: _January 2U3 P_ae 6 • • SCALE --- _ 0 zormeao o ..,_______ >- c0 Z '.' W W OC SCunU,S FERR AD -- u '3 0 YRO S.W_- _ -- < 0 ,.8 i---- ..,ate Rew we' _- I."00...“ lain 0 > --- — ;�m�.w ! 4 , S lJ 4. — —`�� — m—� �'°° _,w- a - VIa1JfTY AMP ! CONNECT TO EX.ONSITE _- ne---so---vm— WATER(FIELD VERIFY PRIOR TO CONNECTION) �xso�vm/ L'SOUAYM BO%TO ALERT •-- ' / Pp WATER SERVICE W aa�.so�vw�rsn / / .� CUSTOMERS NOT TO �+ .=n—n— / BLOCK THE DRIVE AISLE -- - EXISTING'HAVA JAVA' - Q / 41114 / \y PR. SERVICE r / Q \ C- 111, EXTEND E ELECTRICAL ISERVICE J /i y r SERNCECTRICAL I ' \� Ile / // 41, p 'HAVA JAv:� ce .... / / PR.SANITARY SERVICE / f • \.,..- ,„,,to 47 _ \ / / 1111, ./ �, J \ _...,..___-_--:---- A S / A / PR.SANITARY g Y m� m—m—m— m—m m m—m—m— m m m—m m—m—m— LEGEND••EXISTINC FEATURES 1 SERVICE ;+o- m m--m—m—m—_m—m— .7_m .. ...— . .v—.sue- .s—ae.— co— I- I 1. mEr�; g , ,,-) t ir ..,-., :,,, ,i II ./ i STORY Mk..04110LE ��f�r-�� Ewa. 4AFI City of Tigard, Oregon 13125 SW Hall Blvd. • Tig, OR 97223 11111 April 29,2009 TIGARD Terry Brandt/ Ron Yost 12150 SW Scholls Ferry Rd. Tigard, OR 97223 RE: MMD2009-00016 Coffee Kiosk Placement Dear Sirs, Upon review of your application to place a new coffee kiosk with two-directional service, I have discovered a major parking issue for the Greenway Town Center. I can only calculate parking by using current use tables and parking ratios. A conservative estimate of the square footage of the uses on the four tax parcels shows that approximately 700 parking spaces would be required today.The existing parking space inventory is 450, 64% of that which would be required. I consider the Greenway Town Center to be an existing non-conforming use regarding parking requirements. I have found no way to help you address insufficient parking suitably in our Development Code,i.e. an adjustment to parking standards is limited to 20%,which would not reduce the parking requirements enough for your needs,and your project does not fit into the criteria for exceptions to parking standards. I do not concur with your findings regarding Section 18.360.050.B.3,item number 3 in section two of your submittal. The placement of the coffee kiosk would,in fact,require one additional parking space for the attendant,and, according to your plan,you will be further reducing the overall parking by eight additional spaces.This reduction alone requires application for a major modification of a site development review in accordance with Sections 18.360.030 and 18.360.070 (per 18.360.050.C). If you have questions or would like to schedule an appointment,please call me at 503-718-2440. Sincerely, Darrel"Hap"Watkins Assistant Planner CC: MMD2009-00016 file MMD2009-00016 Hava Java Kiosk Determination 042909 Page 1 Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772 Hap Watkins To: Badstubner, Jeff Subject: RE: Hava Java @ Greenway Thank you, Mr. Badstubner.This will do quite well. I have all the tracking of responsibility I need to continue the land use decision.Thank you for your quick response hap From: Badstubner, Jeff [mailto:JeffBadstubner@regencycenters.com] Sent: Tuesday, May 12, 2009 11:16 AM To: tlbrandt@att.net; Hap Watkins Cc: Henderson, Marjorie Subject: RE: Hava Java @ Greenway Hello Hap, my name is Jeff Badstubner and I am the Vice President in charge of the Oregon portfolio for Regency Centers. Per Terry's email below, I wanted to try and shed some light on the ownership structure at Greenway Town Center. The attached signature block is included in all legal documents signed between the tenants in the center and the Landlord, Regency Centers. The waterfall of titles comes from the multiple layers of joint venture agreements between Regency Centers and Macquarie Country Wide, our JV partner on many assets in the US. Please let me know of any further questions. LANDLORD: FW OR-GREENWAY TOWN CENTER, LLC a Delaware Limited Liability Company By: FW MCW-Reg II Holdings, LLC, a Delaware limited liability company, its sole member By: Macquarie CountryWide-Regency II, LLC, a Delaware limited liability company, its sole member By: Macquarie-Regency Management, LLC, a Delaware limited liability company, its managing member • By: Regency Centers, L.P., a Delaware limited partnership, its managing member By: Regency Centers Corporation, a Florida corporation, its general partner Jeff Badstubner, Regional Officer Regency Centers 2999 Oak Road, #1000 Walnut Creek, CA 94597 Business 925.279.1800 Mobile 925.872.4550 1 Wt An Cow',Oregon 2005-030228 03/2at005 02:55:16 PM D-011111 Cnt■1 •tn■8 RICORDS1 $10.00 88.00$11.00-Total•$27.00 After Recording Return to: III I Robert G.Koury II,Esq. ItlilU IIIHI� 1 1111111111 IIIIIIlillll Lane Powell Spears Lubers�..I LLP 007435o0 Assessment and T 020024 1� w' I,Jerry Hanson,Director o/A■■a■m•nt and Taxation ya- .lye 601 SW Second Avenue,Suite 2100 and Ex-ORIcioCouny clerk for WuhIntOfl County A) Portland,Ore on 97204 Oregon,do hereby unity that the within Instrument of °( .;.,. , w g writing was received and corded In a book of 4*. qqq records of said county. yp„` ?>.-G`f Until A Change Is Requested Jerry R.Munson,Director mum lint and Taxation, `. 4• i All Tax Statements Shall Be Sent To: Ex-0ffic10 County CI•rk Greenway Center LLC ANA Kalakaua Center 2155 Kalakaua Avenue,Suite 602 Honolulu,HI 96815-2354 STATUTORY BARGAIN AND SALE DEED William W. Saunders,Trustee of the William W. Saunders Revocable Living Trust dated June 13, 1989 ("Grantor"), conveys all of its interest to Greenway Center LLC, a Washington limited liability company, ("Grantee"), in the following real property described on the Exhibit A attached hereto and incorporated herein by this reference,subject to all matters of record. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration r this conveyance is other good and valuable consideration given. DATED this day of March 2005. William W. Saunders,Trustee of the William W.Saunders Revocable Living Trust dated June 13, 1989 STATE OF HAWAII ) ss. County ) On thi 's day of March 2005, before me personally appeared William W. Saunders, to me personally known, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. '44104. )( ,..-7.,4.‘,A1Z6.-.:x.)::;,:,1•414:1".7...;`.,*".4;,;:;:.'4'. ‘7\1:•tk. Notary Publi f Hawaii . o a'' f 7 at ?rt A s My commission expires: //��/� 7 r.- ,, .�, ,,�, M.J.TRUEBLOOD ' .. o-"•-• ' '' My commission expires11/21/07 _,� :','a tiJ,,.,,, ' 'r•Ora, .. t 120551.0001/488305.1 ` `»� IitllhI1LIl11III 1l Iii 2005 3022 EXHIBIT A Legal Description Situated on the Northwest quarter of Section 1 South* Range 1 West, Willamette Meridian, City County, Oregon, anh being described as follows: Beginning at a point on the East right of way of that certain street known as B.W. 122nd Avenue (now vacated). said point being North 89' 54' 50" East. 1077.94 feet and North 0' 5' 42' Newt* 635.10 feet from the West quarter corner of said Section 34t thence Nor�t 89' 52' 27" Zest, four fast to the true point of beginning; t North 0' S' 45" West parallel with the Most right of way of said road, 150 feet to a point; thence South 84. 52' 27 Nest parallel to the center line of Springwood Drive, 44 feet to a point on the West right of way of S.W. 122nd avenue (now vacated ; thanes North 0" 5' 45 Nast, 180 feet along said right of way, 180 feet to a point; thence North 89' 52' 27 East, 20 fast parallel to the centerline of Springwood Drive to a point on the centerline of S.W. 122nd Avenue (now v'.catsd) ; thence North 01 5' 45' West, 276 fast elon the centerline of said vacated road to a point on the South right of way of Scholl' Ferry Road; thence along said right of way North 84' 22' 18' East, 10.14 feet to a point; thence North 72' 17' 22' East along said right of way, 187.76 feet (passing an iron rod at 10.39 feet) to a eet central angleint; thence Southeasterly' 5" hod bear on a s South right,3' 55a' 06' Zest, 56.48), aro distance of 65.72 feet; thence South 0' 07' 33" East along the West right of way of S.H. 121st Avenue and 30 feet from centerline, a distance of 630.33 feet to a point on the North right of way of Springwood Drive and 25 feet from centerline thereof; thence along said North right of way South 89' 52' 27' west, 210.98 fest to the true point of beginning. 102 R With the easement rights granted by a docx nt entitled Declaration of Restriction and Grant of Easements, dated t4ay 11, 1979, recxtsding totter 79024332, recorded 3Une 22, 1979, Petards of Washington CconW, Oregon and an Addendum thereto recorded March 28, 1980, fee nutter 80010910, Pads of Wsatinitco City, Oreq:n. ti ;s itIi1llllII11111 liii • 2005-30228 EXHIBIT A Legal Description Situated on the Northwest quarter of Sectiont 34, Township 1oSouth, Range 1 West, Willamette Meridian, City County, Oregon, auh being described as follows: Beginning at a point on the East right of way of that certain street known 54' 30"A S. . 122nd Aenue (now East, 10777.94vfeet and North t0 )5'a42" Wesad poit 635.20bein N feet f� 89• from the West quarter corner of said Section 34; thence North 89' 52' 27" East, four feet to the true point of beginning! thence North 0" 5' 45" West parallel with the West right of way of said road, 150 feet to a point; thence South 89' 52' 27 West parallel to the center line of Springwood Drive, 44 feet to a point on the West right of way of S.W. 122nd Avenue (now vacated) ; thence North 0' 5' 45" West, 180 feet along said right of wayy,l180 feethtt ooa pointsof thence North 89' 52' 27 East. 20 feet Springwood Drive to a point on the centerline of S.W. 122nd Avenue (now vacated) ; thence North 0' 5' 45" West, 276 feet along g the centerline of said dovavacated tednroad to dlto aspod right theoint on South hOribght4of2way of Scholia Ferry 9 9 way 18" East, 10.14 feet to a point; thence North 72' 17' 22" East along said right of way, 187.76 feet (passing an iron rod at 10.39 feet) to a point; thence Southeasterly on a curve right, radius 35 feet central angle 107' 35' OS" (chord bears South 53' 55' 06" East, 56.48) , arc distant. of 65.72 feet; thence South 0" 07' 33" East along the West right of way of S.W. 121st Avenue and 30 feet from centerline, a distance of 630.33 feat to a point on the North right of way of Springwood Drive and 25 feet from centerline thereof; thence along said North right of way South 89" 32' 27" West, 210.98 feet to the true point of beginning. TZGETIOR WITH the easement rights granted by a doanent entitled Declaration of Restrictions and Grant of Easements, dated Hay U, 1979, recording number 79024332, recorded June 22, 1979, Records of Washington County, Oregon and an Addendum thereto reoorded Mardh 28, 1980, fee number 80010910, Records of Fashington County, Oregon. HAVA JAVA May 5, 2009 Mr. Darrel "Hap" Watkins Assistant Planner RECEIVED City of Tigard 13125 SW Hall Blvd. MAY 0 5 Zoos Tigard, OR 97223 CITY OF TIGARD Re: MMD2009-00016 PLANNING/ENGINEERING Dear Mr. Watkins: Thank you for talking with me recently regarding the above-referenced Case and your letter dated April 29, 2009 concerning the existing parking issue at the Greenway Shopping Center. As discussed, this will confirm my understanding of our conversation and a method to address your parking concern in light of our request to replace an existing coffee kiosk with a new one in the center: 1. Your findings indicate that our new kiosk will require the addition of 9 parking spaces to the shopping center parking lot. 2. The existing parking lot has been 100% striped for 10'-11' car widths. This is above your current standard for compact parking space minimum widths of 7.5' and standard car parking spaces of 8.5'. 3. In order to mitigate the loss of parking of up to 9 parking spaces caused as the result of our new proposed coffee kiosk, we will restripe a sufficient number of existing full size parking spaces at the larger existing widths with the smaller width compact parking spaces. 4. I have attached a proposed parking plan indicating the locations affected with this restriping. Since all of the existing parking widths are either 10' or 11', I have located the new compact parking areas in two groups to more efficiently utilize existing conditions to accommodate the smaller 7.5' width parking spaces. For example, the eastern most restriped area currently has 10' width parking that can be evenly grouped to create 4 compact parking stalls from 3 existing full sized stalls. Please give me a call to discuss any further questions or concerns that you have c cerning our current request. Thanks very much for your time. Sinc y, Br dt President CC: Ron Yost, Coffee Rush 15 SE 55th Avenue Portland, OR 97215 (0): 503-227-2777 (C): 503-702-1159 ADDITIONAL DOCUMENTS CITY OF TIGARD COUNTYWIDE TRANSPORTATION /l II 7 ,2Ov 06762 J 4 DEVELOPMENT TAX (TDT) NOTIFICATION OF FEE AND PAYMENT OPTIONS Please sign and return with Building Permit Application. This advises you that the TDT for this project is as shown below a outlines the payment options that may be available to you. A copy of the fee calculation wor eet is attac e '. T amount will `increase on July 1 if payment is not received before then. T s o b e and su with your application for a building permit. City of Tigard Date: Site Address: il/ D �f /Z2.i D � �CLFy� Project �u r Land Use Case `� Name: ,AC,g1//- .7 4-✓4 or Permit#: 'D1/1 7 200q 00ZO Tax TDT Amount: Loot #: 573� G� oo3vc� 3 38, This constitutes my request to use the TDT payment option or combination of options I have selected below. [This selection can be changed up to the time a building permit is issued.] I realize that IDT charges are due and payable at the time a building permit is issued unless those charges are Deferred or are financed through Installment Payments. [Please address questions about IDT or Deferral or Installment Payments to Albert Shields, Permit Coordinator, 503-718-2426.] •ere2,gL jZ 'i3 tVC7 ❑ Cash, Check, or Credit Card, payment due at building permit issuance. 713 ❑ Deferral until Occupancy, payment due before issuance of cuv c ermit. itY45///�P, Payment of the EDT may be deferred until issuance of the u ncypermit i t e 1DT is greater than the amount for a single family residence,currently .. . In requesting this option I understand that any deferred 1DT must be paid prior to issuance of a Certificate of Occupancy and that the TDT will be recalculated at the time it is actually paid based on the IDT rates prevailing at that time. I further understand that IDT rates may increase each July 1st and that such increases are not subject to appeal. ❑ Credit Voucher (for developer-built required public improvements, subject to approval, completion, and acceptance of creditable improvements.) PLEASE NOTE: TDT Credits must be redeemed at the time TDT Payment is due, either at the time the building permit is issued or,if payment is deferred,prior to issuance of an occupancy permit. If you expect to claim 1DT Credits be sure the improvements, any creditable payments, and your claim for Credits are complete either before your building permit is to be issued or,if payment is deferred, before you request an occupancy permit. No refund of 1DT Payments will be made if Credits are submitted more than 30 days after issuance of the relevant building or occupancy permit. ❑ "Bancroft" or Installment Payments (separate application required.) OWNER/AP ANT OWNER/APPLICANT DATE: f �2 °7 DATE: I:\CURPLN\Permit Coordinator\TDT Forms\TDT Payment Option Form 062209AMS City of Tigal rt.,, \%o is t;, l'DT-COUNTYWIDE TRANSPORTATION DEVELOPMENT TAX � ti Y Rate Calculation Worksheet qiimew- APPLICANT aD -Ee____ PUS il DATE // �� 7 MAILING ADDRESS 2 3 /� /�G evn�\n PREPARE BY // CITY/ZIP / PHONE kits /' ,/ O, Give/ S/ PLANS CHEC ip9 2ez v40J�3 TAX MAP# / / 3 '7 (� [sCl C Oo Q PRO ECT TITLE vF us,/ SITUS#ADDRESS / Z Z / 0 S7// cje 22 y1(61 :rig 174 FORMER USE(S) �D n yeW Ca-4 d �- U#E COD UNI X RATE = AMOUNT ITE DESCRIPTIION/NOTES 4- �,q = A /Dk' 74 Fell 1777-E-- x X - // �", A/4774)pG--tGas pia f 9-1___ TOTAL TDT,FORMER USE(S) PROPOSED USE(S) U#E CODE UNITS X RATE AMOUNT DE CRIPTION/NOTES / 935 /3J9 X%/O�Gv /f3/ 3 38,/0- �/9 CBlE l�,�S/ X _ /rt ve43j �2,�/e-b16edu X = . P iW ; rn err&- . 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