MMD2011-00016 NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2011-00016
MACY'S GENERATOR ,
TIGARD
120 DAYS = 3-16-2012
SECTION I. APPLICATION SUMMARY
FILE NAME: Macy's Generator
CASE NO.: Minor Modification(MMD) MMD2011-00016
PROPOSAL: This request is for a Minor Modification to a previously approved Site
Development Review (SDR2003-00012). The proposal is to construct a concrete
slab and a nine foot screening wall on the east side of the Macy's store for the
installation of a generator. Removal of 157 square feet of existing landscaping is
necessary for the construction. Another 192 square feet of landscaping area will be
created on the north side of the building to meet minimum landscape
requirements.
APPLICANT: James Gilbert Company, Inc. OWNER: Macy's Inc.
17635 NW Corey Rd. 7 West Seventh St.
North Plains, OR 97133 Cincinnati, OH 45202
LOCATION: 9300 SW Washington Square Road,WCTM 1S126CB,Tax Lot 500.
ZONING
DESIGNATIONS: MUC: Mixed Use Commercial District. The MUC zoning district includes land
around the Washington Square Mall and land immediately west of Highway 217.
Primary uses permitted include office buildings, retail, and service uses. Also
permitted are mixed-use developments and housing at densities of 50 units er
acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520,and 18.745.
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.
MMD2011-00016 Macy's Generator 1
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.
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO FINAL BUILDING INSPECTION:
Submit to the Planning Division (Cheryl Caines,503-718-2437) for review and approval:
1. Prior to final building inspection the applicant shall obtain approval for a final planning
inspection. STAFF CONTACT: Cheryl Caines 503-718-2437.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. SITE INFORMATION & PROPOSAL
Site &Vicinity Information
The Macy's Department Store is located at Washington Square Mall bordered by SW Greenburg Road,
SW Scholl's Ferry Road and Highway 217. The Washington Square development site is approximately 93
acres and is made up of seventeen tax lots. Macy's owns the parcel on which their building is located and
where the changes are proposed (WCTM 1S126CB Tax Lot 500).
The site is located within the Washington Square Regional Center, a special planning district with
design guidelines. These guidelines do not apply to the proposed application. The site is zoned Mixed
Use Commercial UC). Other properties in the area are zoned MUC like the subject site, Mixed Use
Employment -1 UE-1), Low Density Residential(R-4.5), or Medium Density Residential (R-12).
Development inc udes a mix of offices, light industrial, residential, retail, and eating and drinking
establishments.
Site History
Staff conducted a search of City records for the subject property and found no land use cases specific
to the Macy's parcel. However, there are numerous subject
use cases for the Washington Square Mall site,
which includes the Macy's property. The Mall was originally constructed in unincorporated
Washington County prior to the area being annexed. A Minor Land Partition was approved m 1987
(MLP 87-10) to divide off an area for the Target Store (approved under SDR 93-00025). An expansion
to the Mall occurred in 1991 (SDR1991-00020) which added 180,000 square feet for the relocation of
the Nordstrom's Department Store. A variance was granted in 1993 (VAR 93-00005) to reduce the
parking space dimensional standards for the entire Mall site the same year the City approved the
construction of the restaurant (SDR1993-00021) in the area known as Washington Square Too. A
minor modification was approved in 1998 to construct a small,2,025 square foot, maintenance building
in the Mall parking lot. In 1999, a Site Development Review to construct a 60-foot tall
telecommunications monopole was approved (SDR 1999-00012). A major modification was approved
in 2003 to construct a 198,494 square foot addition, two parking garages, and minor modification to
existing portions of the Mall (SDR2003-00012). Finally in 2006, the replacement of an existing retail
store was approved for Dick's Sporting Goods (SDR2006-00007),which is on an adjacent tax lot (300).
Proposal Description
This request is for a Minor Modification to a previously approved Site Development Review (SDR2003-
00012). The proposal is to install a concrete slab and generator and construct a nine foot screening wall in
a landscape area on the east side of Macy's. Removal of 157 square feet of landscaping is necessary for the
construction. The applicant has proposed 192 square feet of landscaping area along the north side of the
building to meet previously approved minimum landscape requirements.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
Section 18.360.060(C) a minor modification shall be approved, approved with conditions or denied
following the Director's review based on the finding that:
1. The proposed development is in compliance with all applicable requirements of this title;
and
MMD2011-00016 Macy's Generator 2
FINDING: Based on the proposed modifications, the following chapters of this title are
applicable to this application: 18.520 Commercial Zoning Districts and 18.745
Landscaping and Screening.
Commercial Zoning District: Sections 18.520.020, Lists of Zoning Districts and 18.520.030,
Uses list the description of the Commercial Zoning Districts and the uses allowed in each
zone.
The site is located in the Mixed Use Commercial (MUC) zoning district. The existing use is permitted
within the MUC zone,and the proposal does not involve a change of use.
Development Standards: Section 18.520.040.B
States that the development standards in Commercial Zoning Districts are contained in Table
18.520.2 below:
STANDARD MUE Existing111 Proposed
Minimum Lot Size None 4,084,117 sf -
Minimum Lot Width None >73 ft -
Minimum Setbacks
-Front yard 0 ft./10 ft. 755 ft min -
- Side facing street on corner& - 20 ft -
through lots
-Side yard 0/10 ft. 560 ft&600 ft -
-Rear yard 0/10 ft. 70 ft -
Maximum height 2 stories 2 stories -
Minimum Floor Area Ratio 1.25 .030 -
Maximum Site Coverage [2] 85% 85.92% No change.
Maximum Landscape Requirement 15% 14.08%121 14.08% -
no change
[1]Based on previous approvals for the Washington Square site.
[2]The amount of previously approved landscaping on site is 14.08°o,which has been determined to be non-conforming.
The proposed changes do not affect any development standards except the percentage of landscaping on
the site. The project requires the removal of 157 square feet of landscaped area for the installation of a
concrete slab and screen wall. To avoid reducing the amount of landscaping on the Washington Square
site, the applicant has proposed to expand existing landscape beds on the north side of the building. The
change results in no net loss of landscaping, and the applicant states that the installed plantings will match
the existing landscape design. The applicable development standards and use requirements of 18.520 are
met.
Landscaping and Screening: Section 18.745.050(E)(2) states that except for one-family and
two-family dwellings, any refuse container or disposal area and service facilities such as gas
meters and air conditioners which would otherwise be visible from a public street, customer or
resident parking area, any public facility or any residential area shall be screened from view by
placement of a solid wood fence or masonry wall between five and eight feet in height. All
refuse materials shall be contained within the screened area.
The proposal includes the installation of an emergency generator at the Macy's Department Store. To
screen the generator from view, the applicant has proposed a nine (9) foot masonry wall with doors for
access. The height and materials will match the existing facade of the building and an adjacent nine (9)
foot screening wall. The screening requirements for service facilities are met.
The proposed development is in compliance with all applicable requirements of this title. Criterion#1 for
a minor modification is met.
MMD2011-00016 Macy's Generator 3
2. The modification is not a major modification.
FINDING: The proposal has been determined to not be a major modification because none of the
changes listed below have been proposed by the applicant:
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 proposal does not involve residential development. Therefore, this application is not a
major modification.
2. A change in the ratio or number of different types of dwelling units.
The proposal does not involve residential development. Therefore, this application is not a
major modification.
3. A change that requires additional on-site parking in accordance with Chapter 18.765.
Additional on-site parking is not required for the installation of the generator. Therefore, this
application is not a major modification.
4. A change in the type of commercial or industrial structures as defined by the Uniform
Building Code.
No change in the structural type of the buildings is proposed. Therefore, this application is not
a major modification.
5. An increase in the height of the building(s) by more than 20 percent.
The applicant has not proposed any changes to building height. Therefore, this application is
not a major modification.
6. A change in the type and location of accessways and parking areas where off-site traffic
would be affected.
Accessways and parking will not be affected by the proposal. The concrete slab, screening wall,
and generator will be placed within a landscape area on the east side of the building near a store
entrance. The entryway and nearby sidewalk will not be affected. Therefore, this application is
not a major modification.
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 has no effect on traffic. Therefore,this application is not a major modification.
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 proposal does not increase square footage of the building. Therefore, this application is
not a major modification.
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 common open space associated with this development. Therefore, this application
is not a major modification.
MMD2011-00016 Macy's Generator 4
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.
Net reductions to the existing percentage of landscaping and screening are not proposed with
this application. Therefore, this application is not a major modification.
11. A modification to the conditions imposed at the time of Site Development Review
approval that is not the subject of criteria (B). 1 through 10 above.
Staff has performed a search of city records. A previous approval for the expansion of
Washington Square Mall was issued for the site in December 2003 (SDR2003-00012). The
applicant is not requesting a modification to the conditions imposed at the time of Site
Development Review approval, nor does the proposal affect those same imposed conditions.
Therefore, this application is not a major modification.
The applicant's proposal has been determined to not be a major modification. Criterion #2 for a minor
modification is met.
SECTION VI. 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 NOVEMBER 29, 2011
AND BECOMES EFFECTIVE ON NOVEMBER 30, 2011.
Questions:
If you have any questions, please contact the City of Tigard Planning Division, Tigard City Hall, 13125
SW Hall Boulevard,Tigard, Oregon at (503) 639-4171.
Q November 29, 2011
APPROVE BY: Cheryl Caines DATE
Associate Planner
/_ �v✓%!i '��' � November 29
2011
REVIEWED BY: Tom McGuire DATE
Principal Planner
MMD2011-00016 Macy's Generator 5
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IVORTA
REMOVE EXISTING CONCRETE SLAB,INSTALL LANDSCAPE
MATERIALS TO MATCH ADJACENT PLANTINGS. TOTAL
AREA CONVERTED TO LANDSCAPE:192 SQUARE FEET
TYPICAL EXISTING LANDSCAPE BEDS
AND PLANTINGS
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MACY'S WASHINGTON SQUARE
SITE PLAN REMOVE LANDSCAPE MATERIAL,PREP = ;
FOR NEW CONCRETE SUB.AREA OF
LANDSCAPE REMOVED:157 SQ.FT.
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FINAL APPROVAL I
CITY Of TIGARD PL ANi\IP WG Dt1:IS DN t
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17635 NW Corey Road rI l7
North Plains,OR 97133 - - -
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NOV 1 7 2011
It I p City of Tigard .i/ ip
Minor ,Modification — Type I ApplicationN°
TIGARD
GENERAL INFORMATION
In addition, the Director must find that the proposed
change is in compliance with all applicable requirements of
Property Address/Location(s): Title 18 of the Tigard Development Code. To complete
9300 SW Washington Square Road this review, the Applicant's proposal must include a
Tax Map&Tax Lot#(s): tax map: 1S126CB discussion indicating how the site expansion/change will
tax lot.1S126CB00500 continue to comply with the maximum setback, building
Site Size: 13.49 acres height, parking, and landscaping standards. Other
requirements of sue such as clear vision, solid waste
Applicant*: James Gilbert Company storage, non-conforming situations, signs, and tree
Address: 17635 NW Corey Road removal may also be applicable depending on the type and
City/State: North Plains,OR Zip: 97133 location of the proposed modifications.
Primary Contact: James Gilbert
Phone: 503-647-9300 Fax: 503-647-9301
E-Mail: jgilbert@jamesgilbertco.com — —.
Property Owner/Deed Holder(s)*: REQUIRED SUBMITTAL ELEMENTS
(Attach list if more than one)
Mary's Inc. (Applications will not be accepted without the
following required submittal elements)
Address: 7 West Seventh Street Phone:
City/State: Cincinnati,OH Zip: 45202 ❑ Application Form
❑ Owner's Signature/Written Authorization
* When the owner and the applicant are different people, the ❑ Title Transfer Instrument or Deed
applicant must be the purchaser of record or a lessee in ❑ Site Plan(4 Large Plans&One—Reduced to 81/2"x 11")
possession with written authorization from the owner or an ❑ Applicant's Statement/Narrative(4 copies)
agent of the owner. The owner(s) must sign this application
in the space provided on the back of this form or submit a ❑ Filing Fee $605.00
written authorization with this application.
Minor Modifications:
Minor Modifications are processed for permitted uses and
conditional uses. To review a modification as a Minor
Modification, the Director must first find that the expansion FOR STAFF USE ONLY
or change does not invoke one or more of the criteria m lVt(� it _ OU o
discussed within Section 18.360.050(B) — Site Development Case No.(s):
Review or Section 18.330.020(B)(2) —Conditional Use. If the
modification exceeds the maximum allowed under any one or Other Case No.(s):
more of the criteria, a Major Modification review is required.
Major Modifications are processed in the same manner as a Receipt No.:
new Site Development Review or Conditional Use Permit. Date: // /7 /1
A licant's Statement: Application Accepted By:
The applicant's statement must include a summary of the Date Determined Complete: // 7 (!
proposed changes. Criteria in either 18.360.050(B) or Revised: 7/1/11
18.330.020(B)(2) must be addressed with a detailed response \curpin\masters\land use applications\minor modification app.docx
to each criterion. Failure to provide the information needed
to process the application would be reason to consider an
application incomplete and delay
review of the proposal.
City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of 2
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the"Required Submittal Elements"box.
(Detailed Submittal Requirement Information sheets can be obtained,upon request, for all types of Land Use :Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject
property.
• If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true: and
the applicants so acknowledge that any permit issued,based on this application,and may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application, including the policies and criteria, and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property.
DATED this day of ,2(1
ijoNq.4 0 ��6-1-E7 Fat< 144 ��U
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Owner's S. azure Owner's Signature
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Owner's Signature Owner's Signature
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Owner's Signature Owner's Signature
City of Tigard j 13125 SAX' Hall Blvd.,Tigard,OR 97223 I 303-639-4171 j www.tigard-or.goy i Page 2 of 2
Geographic Information Systems - Washington County,Oregon http://washims.co.washington.or.us/GIS/index.cfm?id=30&sid=3&IDValue=ISI26CB00500
iecsoy.
Nerikk
Geographic Information Systems 4
Navigation: Washington County » GIS » Reports: Parcel Report 1S126CB00500 I A&T Report 1S126CB00500 I
General Information
nteractive maps Assessment &Taxation Report
map gallery General Property Information
data catalog Site Address: 9400 SW WASHINGTON SQ RD.TIGARD OR,97223
contacts Tax Lot ID: 1S126CB00500
other gis links Property Account ID: R236685,
gis introduction Property Classification: 2010- COMMERCIAL IMPROVED- See full list of Codes
frequently asked questions Neighborhood Code: ZWSQ
Latitude/ Longitude: 45.4522678/ 122.781636
Property Search EN Ownership Information: MACY'S DEPARTMENT STORES INC
property/ taxlot ATTN: TAX DEPARTMENT
tax maps 7 WEST SEVENTH ST
CINCINNATI, OH, 45202
gps latitude/ longitude
• 2009-2010 Tax Statement: R236685.pdf
Survey Search
CM 2010-2011 Tax Statement: R236685.pdf
Land Services
Building Services Sales/ Deed Information
Sale Date Sale Instrument Deed Type Sale Price
= Content Restricted $ -----
Assessed Values for Account R236685
Roll Date: 09/26/2011
Taxcode: 050.94
Market Land Value: $11,164,860
Market Bldg Value: $35,137,530
Special Market Value: $0
Market Total Value: $46,302,390
Taxable Assessed Value: $23,230,150
Legal: No Legal Found
Lot Size: A&T Acres: 13.49
Bldg Sq Ft: 0
Year Built: N/A
Improvement Information
Total Improvement Value:
I of 2 11/22/2011 1:19 PM
James Gilbert Company, Inc.
General Contractor
11-17-2011
City of Tigard
13125 SW Hall Bovid1 `
Tigard, OR 97223 VL 1)
Minor Modification — Type I Application NOV 1 7 011
Applicant: James Gilbert, James Gilbert Company, Inc. CIrv ' T,;BARD
Applicants Statement
Applicant proposes to install a concrete slab and screen wall at the Macy's Store, 9300
SW Washington Square Road, Tigard, OR 97223. Project requires that 157 square feet
of landscaping materials be removed at the location of the proposed concrete slab and
screen wall. To avoid reducing the total amount of landscaping on the site, applicant
proposes to expand the existing flower beds on the North side of the building. Applicant
plans to remove 192 square feet of existing pavement to facilitate the expansion of the
landscape area. Plantings installed would match the existing landscape design.
The proposed project meets the requirements for a minor modification by the following
criteria:
18.360.050(B)(1): Proposed work does not increase dwelling density or lot coverage for
residential development.
18.360.050(B)(2): There is no change in the ratio or number of different types of
dwelling units.
18.360.050(B)(3): No additional on-site parking is required.
18.360.050(B)(4): There will be no change in the type of commercial structures.
18.360.050(B)(5): There will be no increase in building height.
18.360.050(B) (6): There will be no change in access ways or parking areas.
18.360.050(B)(7): The proposed work does not cause an increase in vehicular traffic.
18.360.050(B)(8): Additional floor area is not proposed for this project.
18.360.050(B)(9): The project will not reduce common areas or open space.
18.360.050(B)(10)(a): No changes to recreational facilities will be made.
18.360.050(B)(10)(b): No changes to existing screening will be made.
18.360.050(B)(10)(c): 157 square feet of landscaping would be removed, but the
existing flower beds are to be expanded by 192 square feet, increasing the total
landscape square footage.
James Gilbert Company, Inc.
17635 NW Corey Road, North Plains, OR 97133
jamesgilbertco.com
503.647.9300 Fax 503.647-9301
Oregon CCB#79575
J �,
RECEtvED 1
NOV 1 20
CITY r TIGARD
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MATERIALS TO MATCH ADJACENT PLANTINGS.TOTAL
AREA CONVERTED TO LANDSCAPE:192 SQUARE FEET
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20'-0"
40'-0"
ell ELEVATION
J ames Gilbert Company j•\,,.
Commercial Interior Construction G
17635 NW Corey Road
North Plains, OR 97133
503-647-9300 MACY'S WASHINGTON SQUARE - GENERATOR PAD 11-01-2011 16 " = 1' A-2.1: ELEV.
jgilbert@jamesgilbertco.com
MASONRY NOTES:
1) GROUT ALL BLOCK CELLS WHERE REBAR BRICK CAP
IS LOCATED. mu
USE 2 - #5 REBAR OVER OPENINGS AND I 3-1/2" X 2-1/2"
EXTEND 2' PAST OPENINGS IN SOLID X7-1/2" BRICK
GROUT BOND BEAM 6" X 8" X 16" CMU II VENEER
III
#5 REBAR 32" O.C. VERTICAL I
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48" O.C. HORIZONTAL �Ii
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James Gilbert Company G� O
Commercial Interior Construction .N/•
17635 NW Corey Road
North Plains,OR 97133
503-647-9300 MACY'S WASHINGTON SQUARE - GENERATOR PAD 11-01-2011 1/2" = 1' A-3.1: SECT
jgilbert@jamesgilbertco.com
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Cheryl Caines
From: James Gilbert <jgilbert@jamesgilbertco.com>
Sent: Thursday, November 24, 2011 9:45 AM
To: Cheryl Caines
Subject: RE: Macy's Generator
Hi Cheryl,
The new wall will match the height of the existing 9' wall behind the generator pad.
Jim
.1
Jim Gilbert
James Gilbert Company 17635 NW Corey Road North Plains, OR 97133
503-888-2296 cell 503-647-9300 office 503-647-9301 fax
jgilbert@jamesgilbertco.com
From: Cheryl Caines f mailto:cherylc @tigard-or.govj
Sent: Wednesday, November 23, 2011 10:51 AM
To: jgilbert@jamesgilbertco.com
Subject: Macy's Generator
Hi Jim,
I'm writing the Minor Mod decision and have a question:
Is there a reason why the wall is 9 feet? The development code has a maximum of 8 feet for walls.
Cheryl
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."
1
III . N
TIGARD
City of Tigard
November 21,2011
James Gilbert
James Gilbert Company, Inc.
17635 NW Corey Rd.
North Plains, OR 97133
RE: Completeness Macy's Generator
Case File No. MMD2011-00016
Dear Mr. Gilbert:
The City has received your application for Minor Modification to an approved Site
Development Review (SDR2003-00012). The proposal includes installation of a concrete
slab and screen wall for a generator within an existing landscaped area. The development
site is located at 9300 SW Washington Square Road. Staff has completed a preliminary
review of the submittal materials and has determined that your application was complete as
of November 17,2011 for the purpose of beginning the 120-day review period for a final
decision.
It should be noted that staff has not reviewed the application submittal for compliance with
the relevant code criteria,and that additional items may arise during the application review
which may require further clarification.
Should you have any questions with regard to these items, please contact me at 503-718-
2437.
Sincerely,
Cheryl Gaines
Associate Planner
c: MMD2011-00016 Land Use File
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
LA RGE p LANS
FOR THIS FILE
Amommalk.,
RE IN THE
RECORDS ROOM