DIR2016-00001 III - N
TIGARD
City of Tigard
September 23, 2016
Macerich
Attn: Michelle Rauman
11411 North Tatum Blvd
Phoenix,AZ 85028
Re: Permit No. DIR2016-00001
Dear Applicant:
The City of Tigard has canceled the above referenced permit(s) and encloses a refund for the
following:
Site Address: 10131 SW Washington Square Rd
Project Name: Washington Square
Job No.: N/A
Refund Method: ® Check#222429 in the amount of$584.80.
❑ Credit card "return" receipt in the amount of$
Note: Please allow 2-5 days for this refund transaction to be
credited to your account by the company that issued your card.
❑ Trust account"deposit"receipt in the amount of$
Comment(s): Per applicant's request to withdraw application after meeting was held.
Refund 80%of application fee.
If you have any questions please contact me at 503.718.2430.
Sincerely,
#d;s54/07
Dianna Howse
Building Division Services Supervisor
Enc.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
I/
City of Tigard
TIGARD Accela Refund Request
This form is used for refund requests of land use, development engineering and building permit
application fees. Receipts, documentation and the Request for Permit Action form (if applicable) must
be attached to this request form. Refund requests are due to Accela System Administrator by
each Wednesday at 5:00 PM. Please allow up to 3 weeks for processing of refunds. Accounts
Payable will route refund checks to Accela System Administrator for distribution to applicant.
PAYABLE TO: Macerich DATE: 9/16/2016
Attn: Michelle Rauman
11411 North Tatum Blvd REQUESTED BY: Dianna Howse
Phoenix,AZ 85028 GP
TRANSACTION INFORMATION:
Receipt#: 405153 Case#: DIR2016-00001
Date: 7/26/2016 Address/Parcel: 10131 SW Washington Sq Rd
Pay Method: Check Project Name: Washington Square
EXPLANATION: Per applicant's request to withdraw application after meeting held. Refund 80% of
application fees.
REFUND INFORMATION:
Fee Description From Receipt Revenue Account No Rim'
Example: Building Permit Fee Example: 2300000-43104 Yr$ xQp nt
Director's Interpretation-Application Fee 100-0000-43116 $584.80
TOTAL REFUND: $584.80
APPROVALS: SIGNATURES/DATE:
If under$5,000 Professional Staff
If under$12,500 Division Manager
If under$25,500 Department Manager
If under$50,000 City Manager
If over$50,000 Local Contract Review Board
FOR TIDEMARK SYSTEM ADMINISTRATION USE ONLY
Case Refund Processed: Date: /0/7//jo By: 1,471/
I:\Building\Refunds\RefundRequest.doc x 09/01/2010
VOID
City of Tigard • (;ommuNl1Y DI,yI:1,OPMENT DEPARTMENT 9/4/ 47
= " Request for Permit Action
TI(i A R D 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503-718-2439 • www.tigard-or.gov
TO: CITY OF TIGARD
Building Division
13125 SW Hall Blvd.,Tigard,OR 97223
Phone: 503-718-2439 Fax: 503-598-1960 TigardBuildingPermits@tigard-or.gov
FROM: ❑ Owner D Applicant ❑ Contractor ❑ City Staff
chcck(✓)one
REFUND OR Name:
INVOICE TO: (Business or Individual) Atli.: ryj icAe n sZoofru iTh1 ce k,c
Mailing Address: i) 10/ 7V p d T ti T-T urn B1✓c
City/State/Zip: lod✓►n f�-�Z"' '5O2 E
Phone No.: (j o z• Q.C3 • G 13 y
PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (1):
►;111 CANCEL/VOID PERMIT APPLICATION.
REFUND PERMIT FEES (attach copy of original receipt and provide explanation below).
INVOICE FOR FEES DUE (attach case fee schedule and provide explanation below).
❑ REMOVE/REPLACE CONTRACTOR ON PERMIT (do not cancel permit).
Permit#: b I(Z201 L ^ 06)0°I
Site Address or Parcel#: ie,/3 r wIN-sHip-i ltn,
Project Name: Dr hie R&i M 010\ V e LCL ..5-)14C !k 144 ). L1C' z'6U
Subdivision Name: N /CI-- Lot#:
EXPLANATION: p f// /� (,(
SSGVSS 1 �I. ' i 'Altd'") A'OADr • «,,,; - T Q,p
Signature: I� Date: 8„�b 6
Print Name: 6 g _ G'cl e
Refund Policy ""��Y��U��`
1. The city's Community Development Director,Building Official or City Engineer may authorize the refund of:
• Any fee which was erroneously paid or collected.
• Not more than 80%of the a lication or Ian review fe when an application is withdrawn or canceled before review effort
has been expen e .
• Not more than 80%of the application or permit fee for issued permits prior to any inspection requests.
2. All refunds will be returned to the original payer in the form of a check via US postal service. `?a
3. Please allow 3-4 weeks for processing refund requests.
73i. OD — .5-ef / • fid - , . ;2-0
Route to Sys Admin: Date By Route to Records: Date /c, 2 /,E By
Refund Processed: Date /D/7�fp By nvoice Processed: Date By
Permit Canceled: Date zC �� / By Parcel Tag Added: Date By
l:\Building\Forms\ReyPermitAction_1923t 4.do
www.macerlch.com
MACERICW
NYSE: MAC
CHECK REQUEST FORM
DATE: 7/22/16
MALL/PROPERTY: RESP 0170/Washington Square Too South Theater Pad
INVOICE #: AMOUNT: $ 731.00
ORACLE G.L. ACCOUNT CODE— 06.0400.04
PAYABLE TO: City of Tigard
ADDRESS: 13125 SW Hall Boulevard
Tigard, OR 97223 — Attn. Planner on Duty
PHONE: 503-718-2437 FAX:
PURPOSE/DESCRIPTION: application fee
DATE NEEDED? 7/22/16
***PLEASE RETURN CHECK TO: Michelle Rauman—PLEASE
EXPEDITE
REQUESTER: Michelle Rauman Phone# 602-953-6434
—REQUESTER-
1. Attach all documentation that supports this request.
2. New Supplier? - attach signed W-9 with tax payer information.
3. Contact your Accounts Payable representative if you have any questions.
AUTHORIZED BY:
Printed Name: Rob Bassett
To expedite payment all fields must be completed and a W9 must he submitted.
Fax to 602.953.6429
7/22/2016
Bassett, Rob
From: Cheryl Caines <cherylc@tigard-or.gov>
Sent: Thursday, July 21, 2016 5:27 PM
To: Bassett, Rob
Cc: Kenny Asher
Subject: Code Interpretation Request -Washington Square
Attachments: Cheryl Caines.vcf
Hi Rob,
Per our phone conversation, an interpretation of the Community Development Code are processed through a Type I
procedure. I've shared the code section (18.340 Director's Interpretations)outlining the procedure for review and
appeal. Appeals are decided by City Council.
http://www.tigard-or.gov/DevelopmentCode/18340 1.pdf
There is no application form for the request. Please submit a request in writing and include a check for th $731.00
application fee. The planner on duty will set up a case for the request. The assigned planner will attend the upcoming
` meeting along with Kenny Asher.
} Please mail the request to: City of Tigard _
li Attn: Planner on Duty -
13125 SW Hall Blvd.
Tigard, OR 97223 //
6
Please let me know if you have additional questions. /(
Thank you,
06 66/00 , 09
Cheryl Cones
Associate Planner
r
13125 SW Hall Blvd
(503)718-2437 Work erg P a 170
, cherylcetlgard-or.gov
DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail
may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained
by the City of Tigard in compliance with the Oregon Administrative Rules `City General Records Retention Schedule."
1
KQMACERICH
July 21, 2016
Mr. Kenny Asher
Community Development Director
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Re: Code Interpretation
Dear Mr. Asher:
As you are aware, Macerich owns the Washington Square Mall, and is in
discussion to attract a high end auto dealership to our site. The dealership would
be located on the unused lot south of SW Washington Square Road and west of
SW Greenburg Road, as identified on the map below.
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Relocation of this high end auto dealership would not only bring prestige
to the long-unused site, but also significant investment in a new state of the art
facility. This is the kind of investment needed to kick-off the revitalization and
11411 North Tatum Boulevard
Phoenix,AZ 85028
P:602.953.6200 I F:602.953.1964
Macerich.com I NYSE:MAC
Mr. Kenny Asher
July 21, 2016
Page 2
expansion of the Washington Square Mall as a whole. This development will
benefit both the mall and the City of Tigard, with the City realizing increases in its
property tax base and development revenue. As such, we look forward to
working collaboratively with you to make these shared benefits a reality.
Based on our analysis of the Tigard Development Code (CDC), Macerich
believes that the auto dealership can be permitted, but there appear to be some
ambiguities around the application of the code to this particular use in this
particular location. In order to obtain some level of certainty before further
investing in site design and engineering, it is paramount to understand how the
City will apply the CDC.
To that end, we have prepared our understanding of how the code applies
here, and would appreciate the opportunity to discuss this with you and hopefully
confirm that the City holds similar views.
APPLICABLE CODE:
Zoning Designation: Mixed Use Commercial (MUC)
Washington Square Regional Center Plan Overlay (WSRC)
Proposed Use: High end auto dealership with associated auto repair and
maintenance facilities, office, and surface parking
CDC Use Motor Vehicle Sales/Rental
Categories:
Office
Parking
In the MUC zone, Motor Vehicle Sales/Rental uses are "permitted as
accessory to permitted use as long as this use is contained within the same
building as the permitted use, and does not exceed the floor area of the
permitted use." CDC Table 18.520.1, note 24. As detailed below in the
Mr. Kenny Asher
July 21, 2016
Page 3
Requested Interpretation, these requirements are met here and the Motor Vehicle
Sales/Rental use is allowed on the site.
REQUESTED INTERPRETATION:
CDC Table 18.520.1, note 24 permits Motor Vehicles Sales/Rental uses
that meet the following three standards:
1) The Motor Vehicle Sales/Rental use is an accessory use;
2) The Motor Vehicle Sales/Rental use is contained within the same
building as the permitted use; and
3) The Motor Vehicle Sales/Rental use does not exceed the square
footage of the permitted use.
Each of these three standards are addressed in turn.
1) The Motor Vehicle Sales/Rental use is an accessory use.
The proposed auto dealership would be accessory to the primary use of
the Washington Square Mall site. The primary use is the mall itself, to which the
dealership would be subordinate and incidental.
Pertinent code terms to be interpreted are the definition of "accessory
use" and the definition of "site." CDC 18.120.030.A.5 defines accessory use as
"Uses or activities which are a subordinate part of a primary use and are clearly
incidental to a primary use on site." CDC 18.120.030.A.154 defines site as "Any
plot or parcel of land or combination of contiguous lots or parcels of land."
Here, the site consists of the contiguous lots under affiliated ownership
that comprise the Washington Square Mall. The primary use of that site is the
retail operation of the mall itself, which under the CDC is categorized as Sales-
Oriented Retail. The mall operation is of primary importance on the site, and
Mr. Kenny Asher
July 21, 2016
Page 4
when comparing the characteristics of the mall and proposed auto dealership, it
is evident that the dealership is accessory.
• The mall utilizes significantly more floor space than the proposed
dealership;
I. The volume of sales from the mall significantly exceeds that of the
proposed dealership;
• The mall employs a greater number of people than the proposed
dealership;
• The mall is centrally located and the focus of the site, while the
proposed dealership is peripherally located; and
• The mall will generate significantly more vehicle trips than the
proposed dealership.
Thus, under the considerations at CDC 18.103.015.A.2, the proposed auto
dealership is accessory to the primary mall use.
2) The Motor Vehicle Sales/Rental use is contained within the same
building as the permitted use.
The proposed auto dealership would be co-located in the same building
with Office uses. Office uses are permitted outright in the MUC zone (CDC Table
18.520.1). Thus, the proposed dealership will be contained within the same
building as a permitted use. Worth noting is that the CDC does not require the
dealership to be contained within the same building as the "primary" use, or the
dealership would have to be attached to the mall, which is impractical and not
the case here.
3) The Motor Vehicle Sales/Rental use does not exceed the square
footage of the permitted use.
Along with the Motor Vehicle Sales/Rental use (consisting of areas for
vehicle sales, maintenance, and repair) the proposed auto dealership would be
comprised of Office and Parking Uses. Both Office and Parking uses are
Mr. Kenny Asher
July 21, 2016
Page 5
permitted outright in the MUC zone (CDC Table 18.520.1). Accordingly, we
propose a site plan under which the square footage used for Motor Vehicle
Sales/Rental is less than the aggregate square footage of the other permitted
uses such as Office use and Parking for customers, inventory, servicing, and
employees. Of course, formal design of a site plan will need to occur before the
relative square footages can be specified with certainty, but we request that the
City confirm this approach to demonstrating compliance with this standard.
In conclusion, we request the opportunity to meet with you to discuss the
specifics of this proposed interpretation and further collaborate on the best
process for getting the proposed dealership approved by the City. As always,
your time and attention to this matter are deeply appreciated.
r
-u(/ '/ �� 7 ,//L
Rob Bassett Date:
AVP,Development
Macerich
11411 North Tatum Boulevard
Phoenix,AZ 85028
p.602.953.6205
c.602.309.3997
rbassett@macerich.com