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HomeMy WebLinkAboutAttachment 4 Public Comments Outlook Re: Dick's House of Sport Proposal From Jenny McGinnis <jenny.mcginnis@tigard-or.gov> Date Thu 9/25/2025 11:01 AM To Luke Jarmer <lukejarmer@gmail.com> Hi Luke, Yes,the City does have a noise ordinance, located here: City of Tigard, OR Noise Nuisances. Once the building and sports field is operational, if you feel like they are in violation of this ordinance, please contact Code Enforcement and someone will go out to assess the noise levels. Let me know if you have additional questions. Thanks, DIVERSE E Jenny McGinnis (she/her) I Associate Planner ill City of Tigard I Community Development � WEICOMIHG TIGARD ISAFE SPACE Direct: 503.718.2427 I Cell: 971.678.7548 FOR EVERYONE 13125 SW Hall Boulevard, Tigard OR 97223 I tigard-or.gov www.tigard-or.gov Work Hours: Monday—Thursday 7:00AM — 5:30PM Emails sent or received by City of Tigard employees are subject to public records law. Community Development Hub lt. , Centro de Desarrollo Comunitario � �� Pwmltting.PIonning.&Lk.nsing Pr.rrnlsos.Plenlflceclon y Uccncles Onllno Sorvlcas Sorvlcbs an lima vAvw.tigard-or.gov/CommunityDevHub From: Luke Jarmer<lukejarmer@gmail.com> Sent:Wednesday, September 24, 2025 3:15 PM To:Jenny McGinnis<jenny.mcginnis@tigard-or.gov> Subject: Re: Dick's House of Sport Proposal I live on Coral St. near the mall but outside the 500ft notification radius. Currently, I can sometimes hear the noise from Westside Christian Highschool when they have games at the school. That's about a mile from my house. I'm guessing that an outdoor sports field will play music or have some kind of announcement system. If that's the case, I think noise from the facility should be considered as part of the approval process. Does Tigard have a noise ordinance for businesses? Luke On Wed, Sep 24, 2025 at 11:17AM Jenny McGinnis <jenny.mcginnis@tigard-or.gov> wrote: Hi Luke, It is surrounded by nonresidential properties and no concerns have been raised by any of the property owners within the 500-ft notification radius. Thanks, 'DIVERSE Jenny McGinnis (she/her) I Associate Planner IIICLUSIVE City of Tigard I Community Development WELCOMING TIGARD �E SPACE Direct: 503.718.2427 I Cell: 971.678.7548 13125 SW Hall Boulevard, Tigard OR 97223 I tigard-or.gov www.tigard-or.gov Work Hours: Monday—Thursday 7:00AM —5:30PM Emits sent or received by City of Tigard employees are subject to public records law. Community Development Hub kis -' Centro de Desarrollo Comunitario Pw nitLing,Plannng.& Lk:.nslnci P..nni o .Plentflceclon yLlcandms OnIIn .Sorvlcas Solvlclos..n lime www.tigard-or_gov CommunityDevHub From: Luke Jarmer<lukejarmer@gmail.com> Sent:Tuesday, September 23, 2025 3:31 PM To:Jenny McGinnis<jenny.mcginnis@tigard-or.gov> Subject: Re: Dick's House of Sport Proposal You don't often get email from lukejarmer@gmail.com. Learn why this is important Great. Thank you for sharing. Looks like a good improvement for a big empty building! Are there any noise concerns with an open sports field for the nearby neighbors? On Mon, Sep 22, 2025 at 12:12PM Jenny McGinnis <jenny.mcginnis@tigard-or.gov> wrote: Hi Luke, Here is the link to the folder with all the application materials: DDR2025-00001 Dicks House of Sport Best, •DIVERSE Jenny McGinnis (she/her) I Associate Planner WELCOMING City of Tigard I Community Development TIGARD SAFE SPACE Direct: 503.718.2427 I Cell: 971.678.7548 FOR EVERYONE 13125 SW Hall Boulevard, Tigard OR 97223 I tigard-or.gov www.tigard-or.gov Work Hours: Monday—Thursday 7:00AM — 5:30PM Emails sent or received by City of Tigard employees are subject to public records law. Community Development Hub kl '' Centro de Desarrollo Comunitario Pumltting.Planning.& Lk..nsing P..nml.os.Planlflceclon y L1c ncles ir, Onllnc.Sarvicas Sorvidos:.n hn:.e www.tigard-or gov CommunityDevHub From: Luke Jarmer<lukejarmer@gmail.com> Sent: Wednesday, September 17, 2025 7:41 PM To:Jenny McGinnis<jenny.mcginnisPtigard-or.gov> Subject: Dick's House of Sport Proposal You don't often get email from lukejarmergmail.com. Learn why this is important Hi Jenny, Could I have additional information about the proposed development of Dick's House of Sport? Luke 503-523-6940 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." Outlook Dick's new location From Austin Sharp <austinsharp111 @gmail.com> Date Tue 9/16/2025 7:21 PM To Jenny McGinnis <jenny.mcginnis@tigard-or.gov> You don't often get email from austinsharp111 @gmail.com. Learn why this is important It would be great for Dick's sporting field to include a few holes of pitch and putt disc golf! They sell discs and there are no par 2 pitch and putt courses around here to introduce folks to the sport on. A course like Rockridge in Bend takes very little space compared to a par 3 course, and it would be a unique niche! As a Tigard resident, we're always leaving the city to play disc golf, and we'd like to do it closer to home! Jesse Tomaino of All Day Disc Golf has helped plan new courses recently. I can put you into contact if you're interested! Thanks, Austin Sharp Outlook Re: Dick's House of Sports (Washington Square) From James Zupancic <jim@zupgroup.com> Date Thu 9/25/2025 2:06 PM To Jenny McGinnis <jenny.mcginnis@tigard-or.gov> Cc Schuyler Warren <SchuylerW@tigard-or.gov> I 1 attachment(930 KB) 1971 CGCA&Winmar Company Agreement.pdf; Dear Ms. McGinnis: Thank you for your email and request. As you note in your email, the Memorandum of Agreement recorded at Book 854 Page 274 of the Washington County records refers to the unrecorded 1971 Agreement and the parties "approve, ratify and affirm the 1971 Agreement." See Paragraph 5 of Book 854 Page 275. Attached to this email is a copy of that 1971 Agreement, which runs with the land, and is expressly "binding upon and inure to the benefits of the respective successors and assigns of the parties." See Page 14 Article XIX of the 1971 Agreement. Macerich and its affiliated ownership groups are successors in interest to Winmar. The Memorandum of Agreement provides constructive notice of the 1971 Agreement. In the 1971 Agreement, many covenants including restrictive covenants were made concerning the Washington Square Property. At Page 6 Paragraph D of that 1971 Agreement, you will see the restrictive covenant that "there shall be no buildings or other structures erected on the development site within 200 feet of the north and west property lines of the Cemetery property." As I said in my email below, Crescent Grove Cemetery and Macerich (or its affiliate) have an Encroachment Agreement allowing this proposed project to proceed. However, under the terms of that Encroachment Agreement I cannot provide you a copy without Macerich's consent. Suffice to say that Crescent Grove Cemetery has no objection to the project proceeding, provided that it is in accordance with the Cemetery's agreement with Macerich. I wish to amend my prior email, and clarify that Crescent Grove Cemetery is NOT requesting a condition be imposed by the City of Tigard on the permit relating to the July 21, 2025 Agreement between the Cemetery and Macerich. Nevertheless, the Cemetery has an interest in and will be monitoring the progress of any permits to confirm that development and construction plans conform with its July 21, 2025 agreement with Macerich. Please let me know if you have any questions. Best regards, Jim Zupancic,Esq.,CRE JAMES D.ZUPANCIC, PC 16580 Fair Mile Road Sisters, OR 97759 Phone:(503)277-9906 Jim@ZupGroup.com www.ZupGroup.com Best Lawyers BEST LAW FIRMS US.News 2023 Recognized by peers 2004-2025 This email may contain confidential or privileged information. If you believe you have received this email in error, please notify the sender immediately and delete this message without copying or disclosing it. From: Jenny McGinnis <jenny.mcginnis@tigard-or.gov> Date: Thursday, September 25, 2025 at 8:22 AM To: James Zupancic <jim@zupgroup.com> Cc: Schuyler Warren <SchuylerW@tigard-or.gov> Subject: Re: Dick's House of Sports (Washington Square) Hello Mr. Zupancic, Can you please send a copy of the 1971 agreement and the July 21, 2025 agreement? What you've provided appears to be an agreement between Winmar and the Cemetery, not Macerich, and there's no successors and assigns clause in the agreement. There is nothing in this specific document that clearly prohibits certain development within 200 ft of the cemetery property. Thank you, DIVERSINCLU SIEVE Jenny McGinnis (she/her) I Associate Planner • 'WELCOMING City of Tigard I Community Development TIOARD (SAFE SPACE Direct: 503.718.2427 I Cell: 971.678.7548 FOR EVERYONE 13125 SW Hall Boulevard, Tigard OR 97223 I tigard-or.gov www.tigard-or.gov Work Hours: Monday—Thursday 7:00AM — 5:30PM Emails sent or received by City of Tigard employees are subject to public records law. ECommunity Development Hub Centro de DesarrolbComunitario Non-lining,Planning.&Licensing P:rrrnlsas,PlenlhcecIcn y LIc ncles 16. Online Services Sorvlcbs en lines rd-or gov+ommunityDevHub From: James Zupancic <jim@zupgroup.com> Sent: Monday, September 22, 2025 4:21 PM To: Jenny McGinnis <jenny.mcginnis@tigard-or.gov> Subject: Re: Dick's House of Sports (Washington Square) Thanks Ms McGinnis. Macerich is very aware of the restrictive covenant aka easement. I can send you a copy of that document tomorrow. Again, Crescent Grove Cemetery does not object to issuance of the development permit with this condition. Thank you, Sent from my iPhone Jim Zupancic, Esq., CRE James D. Zupancic, PC 16580 Fair Mile Road Sisters, OR 97759 503-277-9906 The information contained in this email (including any attachments) is intended for the use by the person to whom it is addressed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, any individual or entity other than the person to whom it is addressed, except as otherwise expressly permitted in this message. If you have received this email in error, please delete it without copying or forwarding it, and notify the sender of the error by reply email. Thank you. On Sep 22, 2025, at 12:28 PM, Jenny McGinnis <jenny.mcginnis@tigard-or.gov> wrote: Hello Mr. Zupancic, Is there a graphic that shows what Parcels A, B, and C are as referenced in this easement document? I'm unclear whether this applies to this project or not. We do not typically enforce private agreements but I will send this to the applicant to ensure they are aware. Thank you, <Outlook- xsjwpvig.png> Jenny McGinnis (she/her) I Associate Planner <Outlook- www.tigard-or.gov City of Tigard I Community Development 2sgo5zbw.png> Direct: 503.718.2427 I Cell: 971.678.7548 13125 SW Hall Boulevard, Tigard OR 97223 I tigard-or.gov Work Hours: Monday—Thursday 7:00AM —5:30PM Emails sent or received by City of Tigard employees are subject to public records law. From:James Zupancic<jim@zupgroup.com> Sent: Friday, September 19, 2025 10:36 AM To:Jenny McGinnis<jenny.mcginnis@tigard-or.gov> Subject: Dick's House of Sports (Washington Square) Dear Ms. McGinnis: As counsel for Crescent Grove Cemetery, I respectfully request your consideration of the following. Attached find a copy of the 1972 document recorded in the Washington County Records at Book 854 Page 274. This document refers to a restrictive covenant that prohibits certain development within 200 ft. of the Cemetery property. Please include as a condition of approval, the condition that any public permit be subject to compliance with the Easement Encroachment Agreement dated July 21, 2025 between the Applicant and Crescent Grove Cemetery Association. Please contact me if you have any questions. Thank you, Jim Zupancic,Esq.,CRE JAMES D.ZUPANCIC, PC 16580 Fair Mile Road Sisters, OR 97759 Phone:(503)277-9906 JimPZupGroup.corn www.ZupGroup.com <image001.png> Recognized by peers 2004-2025 This email may contain confidential or privileged information. If you believe you have received this email in error, please notify the sender immediately and delete this message without copying or disclosing it. 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."