Loading...
HomeMy WebLinkAboutMLP2025-0003 Decision w att NOTICE OF TYPE II DECISION1111 LAND PARTITION MLP2025-0003 SEARS PARTITION TIGARD 120 DAYS = 1/22/2026 SECTION I. APPLICATION SUMMARY FILE NAME: SEARS PARTITION CASE NO.: MINOR LAND PARTITION (MLP) MLP2025-0003 ADJUSTMENT (ADJ) ADJ2025-0006 ADJUSTMENT (ADJ) ADJ2025-0007 PROPOSAL: The applicant is requesting approval of a two-lot partition at 9800 SW Washington Square Road. Proposed Lot 1 will be 437,569 square feet and Lot 2 will be 241,631 square feet. The applicant is also requesting an adjustment to the maximum front setback requirement for the existing building on each lot. APPLICANT: Andy Greenwood;Macerich 11411 N Tatum Blvd Phoenix,AZ 85028 OWNER: Same as applicant APPLICANT'S Tyler Ott;Kimley-Horn and Associates REP.: 1 SW Columbia St#650 Portland, OR 97258 LOCATION: 9800 SW Washington Square Rd;WCTM 1S12600 Tax Lot 400 ZONE: MUC APPLICABLE Community Development Code Chapters 18.670, 18.715, 18.805, 18.820, 18.910, 18.920 and REVIEW 18.930. CRITERIA: 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.The findings and conclusions on which the decision is based are provided in Sections V and VI. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO PERMIT SUBMTTAL: NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 1 OF 14 1. Prior to permit submittal,the applicant must submit an Autocad file of proposed assignment of addresses and pay the address fee. Contact Oscar Contreras at 503-718-2678 for the submission of the Autocad file. THE FOLLOWING CONDITIONS MUST BE SATISFIED PRIOR TO FINAL PLAT APPROVAL: The applicant must prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION,ATTN: Buck Smith,Principal Engineer at (503) 718-2464 or Buck.Smith@u,tigard-or.gov.The cover letter should clearly identify where in the submittal the required information is found: 2. Prior to final plat approval,the applicant must record all applicable public access and utility easements including, but not limited to, for access, storm and surface water drainage, sanitary sewer,water,and franchise utilities and provide recorded copies to the City. 3. Prior to final plat approval,the final plat must contain State Plane Coordinates on two monuments with a tie to the City's global positioning system geodetic control network (GC 22).These monuments must be on the same line and must be of the same precision as required for the subdivision plat boundary.Along with the coordinates,the plat must contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north.These coordinates can be established by;GPS tie networked to the City's GPS survey or by random traverse using conventional survey methods. 4. Prior to final plat approval,the applicant must an electronic copy of the final plat prepared by a land surveyor licensed to practice in Oregon,pay the final plat fee,and any other necessary data or narrative.The final plat and data must be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County,and by the City of Tigard. Final plat will include signature lines for the City Engineer and Community Development Director.Note:Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor.After the City and County have reviewed the final plat,the applicant must submit one copy of the final plat, for City Engineer and Community Development Director signatures. THIS APPROVAL IS VALID IF EXERCISED WITHIN TWO (2)YEARS OF THE EFFECTIVE DATE OF THIS DECISION,NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site and Vicinity Information The subject site is located at 9800 SW Washington Square Rd;Washington County Tax Lots 1S1260000400.The site is located southeast of the intersection of SW Hall Boulevard and Eliander Ln.The site is 15.55 acres in size and is zoned Mixed Use Commercial (MUC). The property is proposed to be developed under a separate Development Design Review land use application. Adjacent properties to the north, south, and west are also zoned MUC. Properties to the east are zoned MUC and RES-B.The northern portion of the site contains an existing retail shopping center with a large parking lot and associated landscaping and the southern portion of the site contains an auto center with a large parking lot and associated landscaping. Property History Staff conducted a search of City records for the subject site and found the following: NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 2 OF 14 - Planned Development(PDR2019-0001) - Minor Land Partition (MLP2020-00005) - Minor Modifications (MMD2020-00022,MMD04-00014);and - Pre-application conferences (PRE2025-00025,PRE2025-00020,PRE2025-00018,PRE2025-00002,PRE2019- 00018). No other previous land use records were found. SECTION IV. PUBLIC COMMENTS 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 mailed a Type II Notice of Application regarding this partition to affected parties on September 30, 2025. No comments were received. SECTION V. SUMMARY OF APPLICABLE REVIEW CRITERIA The following summarizes the review criteria applicable to this decision,in the order in which they are addressed: Applicable Review Criteria 18.670 Washington Square Regional Center Plan District 18.715 Adjustments 18.820 Land Partitions 18.805 Lot Standards 18.910 Improvement Standards 18.920 Access,Egress and Circulation 18.930 Vision Clearance Areas SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS The following subsections address only the approval criteria applicable to this decision. 18.670 Washington Square Regional Center Plan District 18.670.020 Applicability A. Applicability. The standards and procedures in this chapter apply to all property within the Washington Square Regional Center Plan District,with the following clarifications: 1. Property within the Residential-B (RES-B) zone or the Parks and Recreation (PR) zone is exempt from the provisions of this chapter,but not from the provisions of this title. 2.Property within the subdistricts shown on Map 18.670.A are subject to different or additional development standards,use restrictions, or review processes as provided in this chapter. The property is located within the Washington Square Regional Center Plan District,within the design review subdistrict. 18.670.040 Review Process B. Design review subdistrict review process.The following review processes apply in the Design Review Subdistrict. 3.The following types of development require a development design review as provided in Chapter 18.725, Development Design Reviews: a. Mixed-use development that does not comply with all the standards provided in this chapter; NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 3 OF 14 b. Residential development that does not comply with the additional standards provided in Subsection 18.670.090.B; or c.New nonresidential development or a major modification to nonresidential development. The proposal is for a partition.No new or major modification to nonresidential development is proposed.A development design review is not required. 18.670.050 Land Use Standards A. General provisions.A list of allowed,restricted, conditional, and prohibited uses is provided in Table 18.670.1. The existing retail building is being replaced under a separate Development Design Review application (DDR2025- 00001) and no new development is proposed on Lot 2.This standard does not apply to this partition application. 18.670.070 Site Design Standards A. General provisions. 1. Site design standards for nonresidential and mixed-use development are provided in Table 18.670.3 and Subsections 18.670.070.B - G. 2. Residential development, except for mixed-use development,is subject to standards of the applicable housing type in Part 18.200, Residential Development Standards. 3. Development reviewed through a development design review application is not subject to these standards and is evaluated through the development design review process. No changes to structures or site improvements are proposed.These standards do not apply. 18.670.080 Building Design Standards A. General provisions. 1. Building design standards for nonresidential and mixed-use development are provided in Subsections 18.670.080.B -H. 2. Residential development, except for mixed-use development,is subject to standards of the applicable housing type in Part 18.200, Residential Development Standards. 3. Development reviewed through a development design review application is not subject to these standards and is evaluated through the development design review process. No changes to buildings or new buildings are proposed with this partition application.These standards do not apply. 18.715 Adjustments 18.715. 020 Applicability A. Applicability. This chapter applies to all proposals to adjust an existing requirement of this title. All requirements, such as development or design standards, may be adjusted except as provided in Subsection 18.715.020.B or where specifically provided for elsewhere in this title,such as in Chapter 18.660, Tigard Triangle Plan District. The applicant is requesting an adjustment to the maximum front setback standard for the existing building on each proposed lot.Therefore,this chapter applies. 18.715.050 Approval Criteria The approval authority will approve or approve with conditions an adjustment application when all of the criteria in either Subsection 18.715.050.A or B are met. A. Criteria for demonstrating substantial compliance. NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 4 OF 14 1. The proposed adjustment results in development that is generally consistent with the purpose of the development standard to be adjusted; and a. Has only minor impacts on surrounding properties or public facilities, or b. Addresses a site constraint or unusual situation, or c. Utilizes innovative design or results in sustainable development; The applicant is requesting two adjustments, one for each lot, to the Site Design Standards in TCDC 18.670.070, Table 18.670.3: the maximum front or street property line setback standard of 12 feet. In the applicant's proposal,the front setback for the existing building on Lot 1 will be 486 feet and the street setback for the existing building on Lot 2 will be 64 feet. The purpose of the maximum front or street property line setback standard in the Washington Square Regional Center Plan District is to help facilitate development of a highly urbanized mixed-use neighborhood that utilizes pedestrian- scale design principles,including providing engaging building façades close to the street. The adjustment results in development that is generally consistent with the purpose of the maximum front or street property line setback standard and will have only minor impacts on surrounding properties and public facilities because the buildings are existing and the partition will not increase the non-conformance. The partition will allow for future redevelopment of both parcels and any new building on either lot would be required to meet all development standards. The proposed adjustments will result in development that is generally consistent with the purpose of the development standards and has only minor impacts on surrounding properties and public facilities.This standard is met. 2. The proposed adjustment does not have a greater impact on city-designated sensitive lands than would otherwise occur if the adjustment was not approved; and The site does contain areas with steep slopes,however, these areas are located outside the footprint of the existing buildings and therefore will not be impacted by the proposed adjustments. This criterion is met. 3. If the proposed adjustment addresses a site constraint or unusual situation,utilizes innovative design, or results in sustainable development, any impacts from the proposed adjustment are mitigated to the extent practicable; and The adjustments are not addressing a site constraint or unusual situation and do not utilize innovative design or result in sustainable development. This criterion is not applicable. 4. If more than one adjustment is proposed, the cumulative effect of the adjustments results in development that is generally consistent with the existing development pattern of the surrounding area and the overall purpose of the base zone. The applicant is requesting two adjustments, one for the maximum front setback for each existing building. Future development will be required to meet all development standards, including setbacks. The cumulative effect of the adjustments to the maximum front setback will result in development that is still generally consistent with the existing development pattern of the surrounding area and overall purpose of the base zone as the buildings are existing. This criterion is met. FINDING: Based on the above analysis,the adjustment approval criteria have been fully met. 18.820 Land Partitions NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 5 OF 14 18.820.040 Approval Criteria—Preliminary Plat The approval authority will approve or approve with conditions an application for a land partition when all of the following are met: A. The proposed preliminary plat must comply with all applicable standards and provisions of this title and the Tigard Municipal Code; The proposed partition complies with or can be made to comply with all statutory and ordinance requirements and regulations,as demonstrated by the analysis provided below: B. There must be adequate public facilities available to serve the proposed lots; Public facilities are discussed in detail under Section 18.910 Improvement Standards of this decision. The findings in that section demonstrate that there are adequate public facilities available to serve the proposal.This criterion is met. C. The proposed lots must comply with the lot standards as provided in Chapter 18.805 Lot Standards, except that maximum lot sizes are increased by 20% for small form residential development; The proposal is for a two-lot partition for nonresidential development. There is no minimum or maximum lot size requirement for nonresidential development. This criterion is met. D. All pre-existing buildings and structures must meet the setback requirements provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards; The applicant is requesting an adjustment to the maximum front setback for each existing building as discussed in the findings for Chapter 18.715. E. Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will ensure access and maintenance rights must be recorded with the approved partition plat. The applicant is proposing a reciprocal access easement on Washington Square Road for the benefit of both lots. With the following condition of approval, this standard is met: • Prior to final plat approval,the applicant must record all applicable public access and utility easements including, but not limited to, for access, storm and surface water drainage, sanitary sewer,water,and franchise utilities and provide recorded copies to the City. Through the conditions of approval,this standard is met. FINDING: Based on the above analysis,the land partition criteria are fully met,or can be met with conditions of approval. 18.805 Lot Standards 18.805.020 Applicability The standards of this chapter apply to new lots that are created through a partition or subdivision and to existing lots that are reconfigured through a lot line adjustment or lot consolidation.Additional lot standards may apply to certain types of uses or development as provided in this title. The application is for a partition,this chapter applies. NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 6 OF 14 18.805.040 Nonresidential Lot Standards There are no minimum lot size or lot width standards for nonresidential or mixed-use development. There are no minimum lot size or lot width standards for nonresidential development.This standard is met. FINDING: Based on the above analysis,the lot standards are fully met.. 18.420 Landscaping and Screening 18.420.020 Applicability A. Landscaping standards. Landscaping standards apply to new and existing development that must provide a minimum amount of landscape area as required by the applicable development standards chapter. This application is for a two-lot partition,which is considered development; however the property is located within the Washington Square Regional Center Plan District,which supersedes the Commercial Zones and Nonresidential Development Standards Chapters. This section applies. B. Screening standards. Screening standards apply to new and existing development with uses or site improvements that must be screened from other uses or the street as required by the applicable development standards chapter. This application is for a two-lot partition,which is considered development; however the property is located within the Washington Square Regional Center Plan District,which supersedes the Commercial Zones and Nonresidential Development Standards Chapters. This section applies. C. Tree canopy standards. Site and parking lot tree canopy standards apply to the following types of new and existing development, except that parking lot tree canopy standards do not apply to subdivisions or partitions: 1. Subdivisions and partitions; 2. Apartments; 3. Nonresidential development, including mixed-use developments; 4. Wireless communication facilities; and 5. Mobile home parks. The proposal is for a two-lot partition. This section applies. 18.420.060 Tree Canopy Standards A. Site tree canopy standards,which are stated as a percentage of effective tree canopy cover for an entire site, are provided in UFM Section 10,Part 3, Subparts N and O. Parking lot tree canopy standards are provided below. B. An urban forestry plan is required to demonstrate compliance with site and parking lot tree canopy standards and must meet the requirements of UFM Sections 10 through 13.An urban forestry plan must: 1. Be coordinated and approved by a project landscape architect or project arborist, i.e. a person that is both a certified arborist and tree risk assessor,except that land partitions may demonstrate compliance with effective tree canopy cover and soil volume requirements by planting street trees in open soil volumes only; 2. Demonstrate compliance with UFM tree preservation and removal site plan standards; 3. Demonstrate compliance with UFM tree canopy and supplemental report standards and provide the minimum effective tree canopy cover; 4. Demonstrate compliance with parking lot tree canopy standards, where applicable, by providing the NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 7 OF 14 minimum effective tree canopy cover of 30 percent for all parking areas, including parking spaces and drive aisles. Only the percentage of tree canopy directly above parking areas may count toward meeting this standard; and 5. Include street trees where right-of-way improvements are required by Chapter 18.910, Improvement Standards. a. The minimum number of required street trees is determined by dividing the length in feet of the site's street frontage by 40 feet.When the result is a fraction, the minimum number of street trees is the nearest whole number. More than the minimum number of street trees may be required along the site's frontage depending upon the stature of trees chosen and the specific spacing standards for the chosen trees. b. Street trees must be planted within the right-of-way wherever practicable.Street trees may be planted a maximum of 6 feet from the right-of-way when planting within the right-of-way is not practicable as determined by the City Engineer. c. An existing tree may be used to meet the street tree standards provided that: i. The largest percentage of the tree trunk immediately above the trunk flare or root buttresses is either within the subject site or within the right-of-way immediately adjacent to the subject site; and ii. The tree would be permitted as a street tree in compliance with UFM street tree planting and soil volume standards if it were newly planted. E. Urban forestry plan implementation. 1. Implementation of the urban forestry plan must be inspected,documented, and reported by the project arborist or landscape architect in compliance with the inspection requirements in UFM Section 11,Part 1,wherever an urban forestry plan is in effect. In addition, no person may refuse entry or access to the Director for the purpose. 2. The establishment of all trees shown to be planted in the tree canopy site plan and supplemental report of a previously approved urban forestry plan must be guaranteed and required in compliance with the tree establishment requirements in UFM Section 11,Part 2. 3. Spatial and species-specific data must be collected in compliance with the urban forestry inventory requirements in UFM Section 11, Part 3 for each open grown tree and area of stand grown trees in the tree canopy site plan and supplemental report of a previously approved urban forestry plan. No development is proposed for either lot as part of this application. A Development Design Review (DDR2025- 00001) is currently in process for Lot 1. Compliance with the standards for street trees, on-site tree canopy,and urban forestry will be reviewed with the DDR application for Lot 1 and at the time of any future land use application for development of Lot 2. This application is for a Type II Land Partition, and parking lot tree canopy standards do not apply to this proposal. These standards are met. FINDING: Based on the analysis above,all of the applicable landscaping and screening standards are fully met or can be met through conditions of approval. 18.910 Improvement Standards The proposal is for a lot partition of a property that does not front a public street and does not require public improvements. This chapter does not apply. 18.920 Access,Egress, and Circulation 18.920.020 Applicability NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 8 OF 14 A. Applicability.The provisions of this chapter shall apply to all development including the construction of new structures, the remodeling of existing structures and to a change of use that increases the on-site parking or loading requirements or changes the access requirements. The proposal is for the partition of a lot containing multiple buildings and parking lots that are separated by a drive aisle, SW Washington Square Road. The drive aisle contains a joint access easement with the other Washington Square lots, and the applicant has acknowledged that this easement will remain.This chapter is applicable. 18.920.030 General Provisions A. Continuing obligation of property owner. The provisions and maintenance of access and egress provided in this chapter are continuing requirements for the use of any structure or lot of real property in the city. The applicant has acknowledged that the provisions and maintenance of access and egress provided in this chapter are the continuing obligation of the property owner. B. Access plan requirements. A plan demonstrating compliance with the access, egress, and circulation requirements of this Chapter must be provided prior to any land use approval or development permit issuance. The applicant has submitted preliminary plans that demonstrate compliance with the access, egress, and circulation requirements of this Chapter. Existing access meets this standard and no new access is proposed. This standard is met. C. Joint access. Owners of two or more uses, structures, or lots of land may agree to utilize jointly the same access and egress when the combined access and egress of all uses, structures, or units of land meets the combined requirements of this chapter,provided: 1. Satisfactory legal evidence must be presented in the form of deeds, easements, leases, or contracts to establish the joint use; and 2. Copies of the deeds, easements,leases, or contracts are placed on permanent file with the city. The applicant is proposing joint access and a reciprocal access easement on Washington Square Road for the benefit of both lots.With the following condition of approval, this standard is met: • Prior to final plat approval,the applicant must record all applicable public access and utility easements including, but not limited to, for access, storm and surface water drainage, sanitary sewer,water, and franchise utilities and provide recorded copies to the City. Through the conditions of approval,this standard is met. D. Public street access.All vehicular access and egress as required in Subsections 18.920.030.H, I and J must connect directly with a public or private street approved by the city for public use and must be maintained at the required standards on a continuous basis. As shown in the preliminary site plan, all vehicular access will be via a private drive aisle, SW Washington Square Rd. This standard is met. E. Surfacing. Driveways and drive aisles must be paved with a dust-free,hard-surfaced material, or utilize a turf grid or open joint pavers. NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 9 OF 14 All driveways and drive aisles will be paved with a hard-surfaced material. This standard is met. F. Curb cuts. Curb cuts must be in compliance with Subsection 18.910.030.0. No curb cuts are proposed. This standard does not apply. G. Pedestrian access. Paths for pedestrian access and circulation are required to, through, and sometimes between development sites. Path standards are provided in 18.200 Residential Development Standards, 18.300 Nonresidential Development Standards, and Chapter 18.410, Off-Street Parking and Loading. Additional standards may also apply if the site is located in a plan district. The applicant acknowledges that pedestrian access is provided from sidewalks along SW Washington Square Road. Pedestrian access paths meet the requirements of Chapter 18.320, as discussed earlier in this decision. This standard is met. H. Inadequate or hazardous access. 1. Applications for development permits will be referred to the Director for review when, in the opinion of the Director, the access proposed: a. Would cause or increase existing hazardous traffic conditions; or b. Would provide inadequate access for emergency vehicles; or c.Would in any other way cause hazardous conditions to exist that would constitute a clear and present danger to the public health, safety, and general welfare. 2. Direct individual access to arterial or collector streets from small form residential development lots is discouraged. Direct access to collector or arterial streets will be considered only if there is no practical alternative way to access the site. If direct access is allowed by the city, the applicant will be required to mitigate for any safety or neighborhood traffic management (NTM) impacts deemed applicable by the City Engineer. This may include, but will not be limited to, the construction of a vehicle turnaround on the site to eliminate the need for a vehicle to back out onto the roadway. 3.The design of the service drive or drives must not require or facilitate the backward movement or other maneuvering of a vehicle within a street, other than an alley. Small form residential development is exempt from this requirement. The applicant does not propose changing any access points that would result in inadequate or hazardous access.This standard does not apply. I. Access management. 1. An access report must be submitted with all new development that verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance, and deceleration standards as set by ODOT,Washington County, the city, and AASHTO (depending on jurisdiction of facility). 2. Driveways must not be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection is 150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a development has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent lot. If shared access is not possible or practicable, the driveway must be placed as far from the intersection as possible. NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 10 OF 14 3. The minimum spacing of driveways and streets along a collector is 200 feet. The minimum spacing of driveways and streets along an arterial is 600 feet. 4. The minimum spacing of local streets along a local street is 125 feet. The applicant has submitted a preliminary civil plan illustrating proposed access, egress, and circulation through the site.The preliminary civil plans submitted demonstrate preliminary compliance with the access,egress,and circulation requirements of this chapter. This standard is met. K. Minimum access requirements for nonresidential uses. 1. Vehicle access, egress, and circulation for nonresidential uses must comply with the standards provided in Table 18.920.2. The applicant has proposed vehicular access to the site in preliminary compliance with the standards in Table 18.920.2 for number of driveways required and minimum access width. The development for Parcel 1 provides two 30-foot wide accesses and Parcel 2 provides three 30-foot wide accesses. This standard is met. 2. Vehicular access must be provided to nonresidential uses, and be located within 50 feet of the primary first-story entrances; The site plan shows that vehicular access is within 50 feet of the ground floor entrance to the building.This standard is met. 3. Additional requirements for truck traffic may be imposed through conditions of approval of a land use application. No access revisions are proposed that would require TVF&R approval. This standard does not apply. L. One-way vehicular access points. Where a proposed parking facility indicates only one-way traffic flow on the site,it must be accommodated by a specific driveway serving the facility; the entrance drive must be situated closest to oncoming traffic and the exit drive must be situated farthest from oncoming traffic. The preliminary plans submitted indicate one-way traffic flow. The entrance is situated closest to oncoming traffic and the exit drive is situated farthest from oncoming traffic. This standard is met. 18.930 Vision Clearance Areas 18.930.020 Applicability A. Applicability.The provisions of this chapter apply to all development,including the construction of new structures,the remodeling of existing structures, and to a change of use that increases the on-site parking or loading requirements or changes the access requirements. B. When site development review is not required.Where the provisions of Chapter 18.780, Site Development Review, do not apply, the approval authority will approve, approve with conditions,or deny a plan submitted under the provisions of this chapter through a Type I procedure, as provided in Section 18.710.050,using the standards in this chapter. The proposal is for new development or modification to existing development. This chapter applies. 18.920.030 Vision Clearance Requirements. A. At corners. Except within the MU-CBD zone, a vision clearance area must be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 11 OF 14 B. Obstructions prohibited.A clear vision area must be maintained free of vehicles,hedges,plantings, fences,wall structures, and temporary or permanent obstructions (except for an occasional utility pole or tree), exceeding 3 feet in height,measured from the top of the curb, or where no curb exists,from the street center line grade.Trees exceeding 3 feet in height may be located in this area,provided all branches below 8 feet are removed. C. Additional topographical constraints.Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection,hedges,plantings, fences,walls, wall structures, and temporary or permanent obstructions must be further reduced in height or eliminated to comply with the intent of the required clear vision area. The vision clearance requirements of this chapter are applicable. The applicant has an existing private driveway connection to SW Washington Square Rd. The applicant acknowledges that the low groundcover plantings and small trees will continue to be maintained to allow for the required vision clearance. This standard is met. 18.930.040 Computations. A. Arterial streets.The vision clearance area is not less than 35 feet on each side of the intersection. B. Non-arterial streets. 1. Non-arterial streets 24 feet or more in width.At all intersections of 2 non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at least 1 of the streets or driveways is 24 feet or more in width,the vision clearance area is a triangle formed by the right-of- way or property lines along such lots and a straight line joining the right-of-way or property line at points that are 30 feet distance from the intersection of the right-of-way line and measured along such lines. 2. Non-arterial streets less than 24 feet in width.At all intersections of two non-arterial streets, a non- arterial street and a driveway, and a non-arterial street or driveway and railroad where both streets or driveways are less than 24 feet in width,the vision clearance area is a triangle whose base extends 30 feet along the street right-of-way line in both directions from the centerline of the accessway at the front setback line of small form residential, and 30 feet back from the property line on all other types of uses. The proposed partition has frontage on a non-arterial street but no development is proposed that would affect the vision clearance area. This standard is met. ADDITIONAL CITY OR AGENCY COMMENTS: Public Water System: The existing public water mains surrounding the proposed development are under the jurisdiction of Tualatin Valley Water District (T VWD). Storm Water Quality: The City has agreed to enforce Surface Water Management regulations established by CWS Design and Construction which require the construction of on-site water quality facilities. Since creating a partition is considered development, written comments,dated October 17,2025,by CWS state that they are requiring the applicant to obtain a Stormwater Connection Authorization Permit. Development is not proposed or required as a condition of development. Future site improvements that create or modify more than 1,000 square feet of impervious area will require a Stormwater Management(SWM)permit through the city of Tigard and a Stormwater Connection Authorization Permit through CWS. This standard is met. NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 12 OF 14 Grading and Erosion Control: The City of Tigard and Clean Water Services Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development,construction,grading,excavating,clearing,and any other activity which accelerates erosion. Since creating a partition is considered development, CWS is requiring the applicant to obtain an erosion control permit. Development is not proposed or required as a condition of development. Future site improvements that disturb more than 500 square feet must obtain an Erosion&Sediment Control (ESC) permit through the city of Tigard. This standard is met. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard. Contact Oscar Contreras with Engineering Division at 503-718-2678 to ensure new addresses are assigned. Prior to permit submittal, the applicant must submit an Autocad file of assignment of addresses and pay the address fee. The address fee will be assessed in accordance with the current Master Fee Schedule. SECTION VII. AGENCY COMMENTS City of Tigard Engineering provided written comments,which have been incorporated throughout this report. Clean Water Services submitted written comments, dated October 17, 2025, stating that a Storm Water Connection Permit Authorization is required.Development is not proposed or required as a condition of development. Future site improvements that create or modify more than 1,000 square feet of impervious area will require a Stormwater Management (SWM) permit through the city of Tigard and a Stormwater Connection Authorization Permit through CWS. Tualatin Valley Fire and Rescue was sent a copy of the applicant's proposal and responded on September 30, 2025 that they do not have comment on the project as no buildings are proposed. Attachments: Attachment 1:Approved Plan Set Attachment 2: Zoning Map Attachment 3:Agency Comments SECTION VIII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Parties of record Final Decision: THIS DECISION IS FINAL ON NOVEMBER 4, 2025 AND EFFECTIVE ON NOVEMBER 20, 2025 UNLESS AN APPEAL IS FILED. NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 13 OF 14 Appeal: The Director's Decision is final on the date that it is mailed.All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.710.100.A.1 may appeal this decision in accordance with Section 18.710.100.A.2 and .3 of the Tigard Development Code. A written appeal together with the required fee must be filed with the Director within fifteen (15) days of the date the Notice of Decision was mailed.The appeal fee schedule and forms are available from the City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. Appeal hearings are de novo. A de novo hearing allows for the presentation of new evidence, testimony and argument by any party. The appeal authority must consider all relevant evidence, testimony and argument that are provided at the hearing by the appellant or any party. The decision of the appeal authority is the final local decision. THE DEADLINE FOR FILING AN APPEAL IS 5:00 P.M. ON NOVEMBER 19, 2025. Questions: If you have any questions,please contact Jenny McGinnis,Associate Planner at (503) 718-2427 or Jenny.McGinnis@tigard-or.gov.You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard, OR 97223. ''l(60 November 4,2025 PREPARED BY: Je McGinnis Associate Planner November 4,2025 APPROVED BY: Schuyler arren Assistant Community Development Director NOTICE OF DECISION MLP2025-0003/ADJ2025-0006/ADJ2025-0007 SEARS PARTITION PAGE 14 OF 14 + , 1 0 - N89°06'16"W 630.15' _ , TENTATIVE PARTITION PLAT \\,,, LOCATED IN NW & NE QUARTER OF THE NW QUARTER OF SECTION 35, IN NW, NE, SW & SE QUARTER OF THE SE QUARTER �o I ,. 3\A+$$55 OF SECTION 26, AND SW QUARTER OF THE NW QUARTER OF + N SECTION 26, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE N MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON o FEBRUARY 5, 2025 22,- 0 0 \``:, __,- 0 35.84' ----....V._ .o l J O \ 0 J' / 1 A- m PARCEL 1 rn 437,569 SF OR 10.045 \ d 'I ACRES, MORE OR LESS \ co o t_d \''-\H'-' k _ k \ Vo `P ` O r7 o) �� O N U O\C)0\ N o cA O\ To o O k \ 0 -588°30'58"E k \ 37.27' \ tti3 28.83' o o / 29.00' - 1 SC: 338+08.55 `rv'6 '0s d._ S88°46'30"E 665.37' I 0- v' 0 LID u, 9 ; \ rn x 0p \ S44°18'58"E� \ in' 4.73' 6, `99 �° �'�.>>> PARCEL 2 CS: 339+87.32 x 00 06, �•_10 241,631 SF OR 5.547 ACRES, MORE OR LESS ,<<� \ �7 P��� \ Xx00 \\ o s \ O x ,,c) e 1 L SA/P s�\ d- O N -T ,' y O O F \ N 5F03x TF�N�, ��B�69 \ z x 00 'y y Fy,/mac, \ �p \ �XRxo y�� \\ N \ N L `Sx Nx 00 S'SQ:2,)6 2S ,3' 346+07 x x0O 100' 0 50' 100' 200' 346+77 S6 ��� x oo' �� 20 ./6, I / M M S&F LAND SERVICES MAKES NO , P� 7 OS„ WARRANTIES AS TO MATTERS OF x x00 F SCALE: 1" = 100' UNWRITTEN TITLE SUCH AS ACQUIESCENCE, ESTOPPEL, ADVERSE POSSESSION, ETC. SURVEY FOR: WAS H I N GTO \ REGISTERE 1 D i �� Land SErvicEs LANDROFESSION HORIZONTAL DATUM BASIS OF BEARINGS SQUARE SU-_= -- � � j ET � '�, OREGON STATE PLANE COORDINATES, NORTH ZONE. 4905 SW SCHOLLS FERRY RD. LOCATED IN THE NW & NE 1 /4 OF THE NW 1 /4 BASED ON STATIC GPS TIES TO CP1, PROCESSED THROUGH TRIMBLE RTX AND ADJUSTED IN TBC. PORTLAND, OR 97225 OF SEC. 35, THE NW, NE, SW & SE 1 /4 OF THE GON SCALED TO GROUND AT CP1 <4. 11, 2023 C.S.F.= 1.0001006829 (503) 345-0328 SW 1 /4 OF SEC. 26 AND THE SW 1 /4 OF THE IN C. OISHI COORDINATES ARE GROUND COORDINATES, INTERNATIONAL FEET. WWW.SFLANDS.COM EMAIL: INFO©SFLANDS.COM �� 74733PLS DATE JOB NO. FIELD DRAWN CHECKED NW 1 /4 OF SEC. 26, T1 S, R1 W, OF THE W.M. RENEWS: 12/31/26 2417960_PLAT-TENTATIVE.dwg AUG. 22, 2025 2417960 TR/AJ/DW TLB ACO CITY OF TIGARD, WASHINGTON COUNTY, OREGON Zoning Map , + `' I Beaverton r1 4; RES-B Subject Site Zone: MUC immia-- I g a =IIM IZIgg PR ..\ RES-C - - _ ►- RES-D MEMORANDUM Date: October 17, 2025 To: Jenny McGinnis, Associate Planner, City of Tigard From: Jackie Sue Humphreys, Clean Water Services (CWS) Subject: Sears Partition, MLP2025-0003, 1S1260000300, 00400 Please include the following comments when writing your conditions of approval: PRIOR TO ANY WORK ON THE SITE AND PARTITION PLAT RECORDING A Clean Water Services (CWS) Storm Water Connection Permit Authorization must be obtained prior to plat approval and recordation. Application for CWS Permit Authorization must be in accordance with the requirements of the Design and Construction Standards, Resolution and Order No. 19-5 as amended by R&O 19-22, or prior standards as meeting the implementation policy of R&O 18-28, and is to include: a. Detailed plans prepared in accordance with Chapter 2, Section 2.04. b. Detailed grading and erosion control plan. An Erosion Control Permit will be required. Area of Disturbance must be clearly identified on submitted construction plans. c. Detailed plans showing each lot within the development having direct access by gravity to public storm and sanitary sewer. d. Provisions for water quality in accordance with the requirements of the above named design standards. Water Quality is required for all new development and redevelopment areas per R&O 19-5, Section 4.04. Access shall be provided for maintenance of facility per R&O 19-5, Section 4.07.6. e. If use of an existing offsite or regional Water Quality Facility is proposed, it must be clearly identified on plans, showing its location, condition, capacity to treat this site and, any additional improvements and/or upgrades that may be needed to utilize that facility. f. If private lot LIDA systems proposed, must comply with the current CWS Design and Construction Standards. A private maintenance agreement, for the proposed private lot LIDA systems, needs to be provided to the City for review and acceptance. g. Show all existing and proposed easements on plans. Any required storm sewer, sanitary sewer, and water quality related easements must be granted to the City. h. Any proposed offsite construction activities will require an update or amendment to the current Service Provider Letter for this project. CONCLUSION This Land Use Review does not constitute CWS approval of storm or sanitary sewer compliance to the NPDES permit held by CWS. CWS,prior to issuance of any connection permits, must approve final construction plans and drainage calculations. Outlook RE: You've been invited to Studio Session MLP2025-0003 09-30-2025 From McGladrey, Alexander M. <alexander.mcgladrey@tvfr.com> Date Tue 9/30/2025 1:30 PM To Jenny McGinnis <jenny.mcginnis@tigard-or.gov> Hi Jenny, If I remember correctly this is just for the partition and the buildings will come in the future. If that's the case TVF&R does not have comment on this project. Thanks Alex McGladrey I Deputy Fire Marshal Tualatin Valley Fire & Rescue Direct: 503-259-1420 www.tvfr.com From:studio@bluebeamops.com <studio@bluebeamops.com> Sent:Tuesday, September 30, 2025 11:06 To: McGladrey,Alexander M. <alexander.mcgladrey@tvfr.com> Subject:You've been invited to Studio Session MLP2025-0003 09-30-2025 External Sender Alert a This email is from outside TVF&R. Do not click links or open attachments unless you are sure they are safe. [ Bluebeam Logo Join Session to Start Collaborating jenny.mcginnis@tigard-or.gov has invited you (alex.mcgladrey-@tvfr.com) to collaborate on a Session with Bluebeam. Invited Email: alex.mcgladrey-@tvfr.com Session Name: MLP2025-0003 09-30-2025 Session ID: 786-546-211 Server: studio.bluebeam.com Their message: Hello, This is an invitation to review a Minor Land Partition application within the City of Tigard. Please provide comments if you have any by October 14, 2025. Thank you!Jenny McGinnis Associate Planner, City of Tigard New to Bluebeam? Join Session Create Account_ New to Bluebeam? Bluebeam is markup and collaboration solution designed for design and construction professionals. Start a free 14-day trial today, or visit our website to learn more. LFacebook LLinkedln LTwitter ;YouTube LInstagram This email is sent by: Bluebeam,Inc., 443 S. Raymond Ave. Pasadena,CA 91105,USA We respect your right to privacy;view our policy. ©Copyright 2002-2025 Bluebeam, Inc.All Rights Reserved.