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DCA2012-00003 DCA2O12 - 00003 MASCO - ALLOW CONTRACTOR OFFICES IN I -P ZONE I � NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendment attached as "EXHIBIT A" to this Ordinance is hereby approved and adopted by the City Council. SECTION 2: The findings in the March 11, 2013 Staff Report to the Planning Commission and the Minutes of the March 18, 2013 Planning Commission hearing are hereby adopted in explanation of the Council's decision. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and posting by the City Recorder. PASSED: By 1 na()II-nolo vote of all Council members present after being read by number and title only, thisQ 'day of''/Yl ash- ,2013. ..c. ;? /..4.4,14-;,‘ Catherine Wheatley,City Recorder G APPROVED: By Tigard City Council this a g la‘ ay of L r ,2013.f 4 John . Cook,Mayor Approved as toto form:`/(�i� CL-O ty Attouiey 1?(64-a.- aell al_))3 Date ORDINANCE No. 13- J 0 Page 2 i • EXHIBIT A DCA2012-00003: Masco Development Code Amendments Proposed Text Changes Planning Commission Recommendation of March 18,2013 Explanatory Note: Proposed Text changes are identified in red font, with removed language identified through the use of striltet-lireitiglt--lines, and added language identified by glonllle underlining, TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C14 C14 P Colleges N N N Community Recreation C1D C'0 C'0 Cultural Institutions N N N Day Care R3'9 R3'9 R3.9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Custom Arts and Crafts N N N Eating and Drinking Establishments R2 N N Major Event Entertainment N N N Outdoor Entertainment P N N Indoor Entertainment P N N Adult Entertainment N N N Sales-Oriented R2 N N Personal Services R2 N N Repair-Oriented P N N Bulk Sales R4'" N N Outdoor Sales N P P Animal-Related P P P Motor Vehicle Sales/Rental R4,12,13 p P Motor Vehicle Servicing/Repair C P P Vehicle Fuel Sales P P/C7 P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P TABLE 18.530.1 (CON'T) USE CATEGORY 1-P 1-L I-ll INDUSTRIAL Industrial Services }µ R' p p Light Industrial P P P General Industrial N p p Heavy Industrial N N P Railroad Yards N N P Research and Development P p p Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales OTHER Agriculture/Horticulture P5 P5 P` Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 p p Rail Lines/Utility Corridors P P p Other NA NA P' P=Permitted R=Restricted Conditional Use N=Not Permitted r A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 2 These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. In-home day care which meets all state requirements permitted by right. Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 5 When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets,may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6 See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 7 Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 8 Explosive storage permitted outright subject to regulations of Uniform Fire Code. DC42012-00003:Mateo Dnrlopmen/Code Amendment Proposed Text Changes Page 2 of 3 41111 ' Day care uses with over five children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. 1° Limited to outdoor recreation on (1) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2) land located outside the floodplain as shown on City flood maps, when the recreation use is temporary and does not otherwise preclude allowed uses or conditional uses other than recreation within the district. These limited uses, shall only be allowed in IP zoned property east of SW 72nd Avenue. These uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building,or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only by transportation right-of-way. 12 These limited uses,separately or in combination,may not exceed 10,000 square feet/lot. 13 This use limited to boat sales/rental only. 1' Except water and storm and sanitary sewers,which are allowed by right. DCA2012-00003:Marco Deoekpmest Code Amendment Proposed Text Changes Page 3 of 3 SQ2� O � �I DNII .LaaIN • • ATTACHMENT "A" DCA2012-00003: Masco Development Code Amendments Proposed Text Changes Planning Commission Recommendation of March 18, 2013 Explanatory Note: Proposed Text changes are identified in red font, with removed language identified through the use of atrikcthrough lino, and added language identified by double underlining TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY 1-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C14 C14 P Colleges N N N Community Recreation C10 C'° C'° Cultural Institutions N N N Day Care R3'9 R3'9 R3'9 Emergency Services P P p Medical Centers N N N Postal Service P p P Public Support Facilities P p P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Custom Arts and Crafts N N N Eating and Drinking Establishments R2 N N Major Event Entertainment N N N Outdoor Entertainment P N N Indoor Entertainment P N N Adult Entertainment N N N Sales-Oriented R2 N N Personal Services R2 N N Repair-Oriented P N N Bulk Sales R4'" N N Outdoor Sales N P P Animal-Related P P P Motor Vehicle Sales/Rental R4,12,13 p P Motor Vehicle Servicing/Repair C P P Vehicle Fuel Sales P P/C7 P Office P N N Self-Service Storage p P P Non-Accessory Parking p P P 0 • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N R4 P P Light Industrial P P P General Industrial N P P Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 1 A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 2 These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3 In-home day care which meets all state requirements permitted by right. 4 Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 5 When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets,may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6 See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 8 Explosive storage permitted outright subject to regulations of Uniform Fire Code. DCA2012-00003:Masco Development Code Amendment Proposed Text Changes Page 2 of 3 • • 9 Day care uses with over five children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. 1° Limited to outdoor recreation on (1) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2) land located outside the floodplain as shown on City flood maps, when the recreation use is temporary and does not otherwise preclude allowed uses or conditional uses other than recreation within the district. 11 These limited uses, shall only be allowed in IP zoned property east of SW 72'1 Avenue. These uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building,or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only by transportation right-of-way. 12 These limited uses,separately or in combination,may not exceed 10,000 square feet/lot. 13 This use limited to boat sales/rental only. 14 Except water and storm and sanitary sewers,which are allowed by right. DCA2012-00003:Marco Development Code Amendment Proposed Text Changes Page 3 of 3 O I Agenda Item: 5 Hearing Date: March 18,2013 Time: 7:00 PM STAFF REPORT TO THE 41 PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT CASE NO.: Development Code Amendment (DCA) DCA2012-00003 PROPOSAL: The applicant is requesting an amendment to alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. APPLICANT: Masco Administrative Services 260 Jimmy Ann Drive Daytona Beach,Florida 32114 COMP.PLAN DESIGNATION: Light Industrial.These areas are deemed appropriate for industrial activities which include manufacturing, processing, assembling, packaging, or treatment of products from previously prepared materials and which are devoid of nuisance factors that would adversely affect other properties.The designation includes the I-L and I-P Zones. ZONES: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers,in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well integrated, attractively landscaped, and pedestrian-friendly. Among other uses, indoor entertainment is allowed. LOCATION: City—wide on land zoned I-P. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, & 9; Metro Title 4; Comprehensive Plan Policies 2.1.3, 2.1.7, 9.1.2, 9.1.3, & 9.1.7; and Community Development Code Chapters 18.390, & 18.530. INDUSTRIAL SERVICES IN TI IE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 10 SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor of the proposed text amendment,as amended by staff in Section V of the staff report, allowing industrial services as a restricted land use within the I-P Zoning District subject to certain limitations, and with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. SECTION III. PROPOSAL AND BACKGROUND INFORMATION Background: This is an application to amend the Tigard Development Code, Section 18.530, Table 18.530.1, to allow Industrial Services as a restricted use in the IP zone. The restrictions would limit these uses to "Contractors and others who provide services off-site", and would further require that all activities except for vehicle parking would be within a building. This amendment will apply to all property in the City of Tigard that is zoned I-P. The application is presented to address a specific situation where a site that has been leased by the applicant for use by its subsidiary Builders Services Group, which is a contractor as well as wholesaler of construction supplies. The Code amendment is proposed to address this issue as well as several other similar situations within the city. This proposal,with the included limitations, will allow contractors in the I-P zone that are compatible with the office character of such areas. Compatibility will be ensured through a prohibition on outside storage of materials and other activities which are more suited to other industrial areas. This approach will allow contractors as a business,which are similar to existing allowed businesses in the office and wholesale categories that are already allowed in the I-P zone. Proposal: The applicant requests amendment of Table 18.530.1 by revising the Industrial Services line to replace "N'with "R- 4,15". Note 4 currently is in place and states "Permitted if all activities, except employee and customer parking, are wholly contained with a building(s)." Note 15 is a new note to read "Limited to contractors and others that perform services off-site". Text changes to the code would appear as set forth below: DCA2012-00003 INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT Explanation of Formatting These text amendments employ the following formatting: - Text to be deleted 'Bold. Underline and Italic] — Text to be added INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 10 • • TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living RI R1 R1 Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities C14 C14 p Colleges N N N Community Recreation Cl0 C10 co Cultural Institutions N N N Day Care R3,9 R3,9 R3,9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Custom Arts and Crafts N N N Eating and Drinking Establishments R2 N N Major Event Entertainment N N N Outdoor Entertainment P N N Indoor Entertainment P N N Adult Entertainment N N N Sales-Oriented R2 N N Personal Services R2 N N Repair-Oriented P N N Bulk Sales R4,i1 N N Outdoor Sales N P P Animal-Related P P P Motor Vehicle Sales/Rental R4,12,13 P P Motor Vehicle Servicing/Repair C P P Vehicle Fuel Sales P P/C7 P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 10 • • TABLE 18.530.1(CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N itt15 P P Light Industrial P P P General Industrial N P P Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R' P P P=Permitted R=Restricted C=Conditional Use N=Not Permitted 1 A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 2 These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3 In-home day care which meets all state requirements permitted by right. 4 Permitted if all activities,except employee and customer parking,are wholly contained with a building(s). 5 When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6 See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 7 Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 8 Explosive storage permitted outright subject to regulations of Uniform Fire Code. 9 Day care uses with over five children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. 10 Limited to outdoor recreation on (1) land classified as floodplain on City flood maps,when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2) land located outside the floodplain as shown on City flood maps,when the recreation use is temporary and does not otherwise preclude allowed uses or conditional uses other than recreation within the district. 11 These limited uses, shall only be allowed in IP zoned property east of SW 72nd Avenue. These uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels,including those separated only by transportation right-of-way. 12 These limited uses, separately or in combination,may not exceed 10,000 square feet/lot. 13 This use limited to boat sales/rental only. 14 Except water and storm and sanitary sewers,which are allowed by right. Is Limited to contractors and others who perform services off-site INDUSTRIAL SERVICF,S IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 10 • • • SECTION IV. APPLICABLE CRITERIA. FINDINGS AND CONCLUSIONS APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. The proposed text amendment would apply to all I-P zoned lands within the City. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV applications. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations found applicable; 3) Any applicable METRO regulations; 4) Any applicable comprehensive plan policies; and 5)Any applicable provisions of the City's implementing ordinances. Findings and conclusions are provided below for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. 1) The Statewide Planning Goals and Guidelines adopted under ORS Chapter 197 Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal outlines general procedures for citizen involvement in the plan and ordinance adoption and amendment process. The Tigard Development Code includes provisions which have been acknowledged by the Land Conservation and Development Commission (LCDC) as being compliant with this goal, and their enforcement will ensure Goal compliance in the proceedings. Since this is a legislative process that affects all property zoned I-P, the City will publish notices in the newspaper and through normal agency and interested party notification methods, prior to each public hearing. The hearings will provide the opportunity for comments, and the participants will have the right to appeal the decision. These steps will result in compliance with Statewide Goal 1. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. As noted above, LCDC has acknowledged that the City of Tigard Comprehensive Plan and implementing ordinances comply with the Statewide Planning Goals. Since Goal 2 establishes the planning processes and policies, which are not affected by this code amendment, the proposal will not affect their continued compliance. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. This goal and its policies ensure that local regulations provide opportunities for economic activities and the health of the economy.This proposal explicitly implements the goal through allowing business in the I-P zone that is compatible with other provisions of the Comprehensive Plan and Development Code.Without this code amendment a significant opportunity for business location in Tigard would not be possible. FINDING: The Land Conservation and Development Commission has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The proposed text amendment's consistency with the Comprehensive Plan's Citizen Involvement, Land Use Planning, and Economic Development goals and policies are discussed above. Based on the findings above, staff finds that the proposed code amendment is consistent with applicable Statewide Planning Goals. The remaining Statewide Planning goals do not apply to this INDUSTRIAL SERVICF,S IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 10 • application since they relate to other specific areas to be considered in the comprehensive planning process rather than to the procedural and economic considerations which are the focus of this application. 2)Applicable Federal or State Statues Federal statutes are generally broad and not directed to this type of local action, and it is clear that none apply to the case at hand. State statutes that may have applicability to this application are those within the jurisdiction of the Department of Land Conservation and Development. Of those, the Statewide Planning goals are most applicable and are addressed above. The other applicable rules are contained in OAR 660-012, relating to transportation. Within this regulation, only the provisions related to amendments to other plans and codes as provided by section 660-012-0060 apply to this proposal. This section provides that if an amendment to an existing land use regulation would significantly affect a transportation facility, the local jurisdiction must put in place certain measures. "Significantly" is defined as a change in the functional classification of an existing or planned facility, a change in implementing standards, or increase traffic to the extent of creating access or capacity conflicts. In the case of this proposed change, the addition of contractors' offices as a restricted use will not introduce uses which are not anticipated by the transportation system. The IP zone already allows contractors offices as an office use provided that equipment and materials storage does not constitute over 50% of floor area occupancy.A contractor office that would be allowed as a result of this proposal would have less than 50% of floor area in office use and therefore would have a lower traffic demand than those already allowed. Staff recommends modification of the request to not include Note 15,which would limit the Industrial Service type uses to contractors and others who perform work on site. The effect would be to allow all types of uses that repair and service machinery, equipment, products or by-products in a centralized manner for separate retail outlets. A comparison of PM Peak trip generation rates suggests that allowing the full range of land uses classified as Industrial Services within the I-P zone will not result in increased trip generation. At present both Office and Research and Development are allowed land use classifications within the I-P zone,generating 1.49 and 1.07 trips per 1,000 square feet respectively (Trip Generation: An ITE Information Report, 8th Edition). These are rates equal to or greater than the most similar ITE trip generation Category to Industrial Services (Code 110: General Light Industrial) which averages 1.08 trips per 1,000 square feet during the pm peak hour (Trip Generation: An ITE Information Report, 8th Edition). As such, allowing the full range of Industrial Service land uses within the I-P zone would result in similar or lower levels of traffic to two existing land uses in the I-P Zoning District. FINDING: As stated above, federal statues do not apply and the proposed amendment is consistent with applicable state statues. 3) Metro Urban Growth Management Functional Plan. Metro's Urban Growth Management Functional Plan establishes the methods for local implementation of the Regional Urban Growth Goals and Objectives. The Functional Plan includes fourteen Titles which address various aspects of regional and local planning. Of these, only Title 4, relating to Industrial and Other Employment Areas applies to this application. Title 4 establishes Regionally Significant Industrial Areas, Employment Areas and Industrial Areas. Within the City of Tigard none of the existing IP zoned area is within a Regionally Significant Industrial Area,but some IP zoned land is classified as Employment and Industrial. Sections 3.07.430 and 3.07.440 respectively address the protection of these areas for industrial uses. In each case the intent of the protection provisions are to avoid establishment of retail uses which would compromise the amount and/or quality of the industrial INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 10 • • opportunities. Since this application would allow only contractors offices in the IP zone, this change will not conflict with the Tide 4 provisions and may actually better meet the intent of Tide 4. Metro staff reviewed the application and confirmed that the proposed changes are in compliance with Metro Title IV requirements. This was confirmed in an email from Metro Staff member Gerry Uba to City of Tigard staff on February 21, 2013. FINDING: As stated above, the proposed amendments are in compliance with the applicable portions of the Metro Urban Growth Management Functional Plan. 4) Applicable Comprehensive Plan Policies Comprehensive Plan Goal 1: Citizen Involvement Goa11.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390, as documented in the project file. This includes mailing notice of the required public hearings to the interested parties list and affected agencies, and publication of the notice in the Tigard Times newspaper at least 10 days prior to the hearing. Two public hearings will be held (one before the Planning Commission and the second before the City Council) at which opportunity for public input is provided. This goal is met. Comprehensive Plan Goal 2: Land Use Planning Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The first section of this chapter of the Comprehensive Plan addresses the establishment of the planning process and maintenance of the implementing documents,p as required by Statewide Goal 2.The majonty of the policies and action steps relate to City initiated procedures rather than to individual applications. Several policies do address the review of applications to amend the Comprehensive Plan Map and Zoning Map, but these are not applicable to the proposed Development Code amendment. Therefore, the provisions of this section of the Comprehensive Plan apply only in a very general sense, and implementation of the process provided by the Development Code will ensure compliance. This policy is met. Comprehensive Plan Goal 9: Economic Development Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy. Policy 2: The City shall actively encourage businesses that provide family-wage jobs to start up, expand, or locate in Tigard. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities,provided that required infrastructure is made available. Policy 7: The City shall limit the development of retail and service land uses in Metro-designated industrial areas to preserve the potential of these lands for industrial jobs. Goal 9.1; Policy 2 is a statement of intent to encourage family wage job creation and maintenance. The proposed IP zone amendment will implement this policy through providing additional opportunities for employment related to construction which otherwise would be restricted. INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA 007 2-O 0003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE • • Goal 9.1; Policy 3 indicates an intent to maintain flexibility in regulations which promote economic development.Approval of this IP zone amendment would acknowledge and implement this policy by making a change which will increase employment opportunities. Goal 9.1; Policy 7 states an intent to promote actions which result in better utilization of industrial areas. This policy is implemented by adding an additional restricted use in the IP zone, which clearly is needed and opportunistic in addressing currently available opportunities. Modification of the proposal to remove Note 15, as discussed in Section V below, would strengthen compliance with Policies 2 and 3 above, by encouraging a greater range of businesses in the I-P zone and proving greater flexibility and adaptability in order to promote economic development opportunities within the I-P zone, and removing potential inefficiencies in the utilization of industrial lands within Tigard. FINDING: As shown in the analysis above, staff finds that the proposed code amendment is consistent with the applicable goals and policies in Tigard's Comprehensive Plan. 5)Applicable Provisions of the City's Implementing Ordinances Chapter 18.530—Industrial Zoning Districts 18.130.070 Industrial Use Categories C. Industrial Services. 1. Characteristics: Industrial Services are uses that repair and service industrial, business, or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Includes contractors, building maintenance services and similar uses that perform services off-site. Few customers, especially the general public,come to the site. 2. Accessory Uses: Accessory uses may include offices, parking, storage, loading docks, and railroad lead and spur lines to allow the loading and unloading of rail cars. 3. Examples: Examples include welding shops; machine shops; repair shops for tools, scientific/professional instruments, and motors; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair, tire recapping and retreading; truck stops;building, heating,plumbing or electrical contractors; printing, publishing and lithography; exterminators; janitorial and building maintenance contractors; fuel oil distributions; solid fuel yards;laundry, dry-cleaning and carpet cleaning plants;and photo-finishing laboratories. 4. Exceptions: a. Contractors and others who perform services off-site are included in the Office category if equipment and materials storage does not constitute 50%or more of occupied space and fabrication or similar work is not carried out at the site. Subsection 18.130.070 (C) defines Industrial Services and indicates that contractors are included in this category. Subparagraph 4(a) indicates that contractors are classified as "office" if storage is less than 50% of the occupied floor area and there is not on-site fabrication. The proposed code amendment does not propose to change the definition of this Industrial Use Classification, just expand its use within the I-P zone by removing the limitation on equipment and materials storage. 18.530.010 Purpose A. Provide range of industrial services for City residents. One of the major purposes of the regulations governing development in industrial zoning districts is to ensure that a full range of job opportunities are available throughout the City so that residents can work close to home if they INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 10 • • choose. The location of land within each industrial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of industrial activity on established residential areas. B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the City limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. Subsection A states that one purpose is to "Provide a range of industrial services for city residents". Allowing contractors offices and similar industrial services type land uses will achieve this purpose through increasing opportunities for employment in these areas. Subsection B indicates that an additional purpose of the industrial zones is to facilitate economic goals,which as described above is also achieved by this proposed revision. 18.530.020 List of Zoning Districts A. I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor,vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. The proposed code amendment would allow industrial land uses, as defined in TDC 18.130.070.0 and discussed above, subject to a restriction that all activities be contained entirely within the building save for customer and employee parking. This restriction will result in consistency with the purpose statement for the I-P zoning district in that it will maintain the campus-like setting and will prevent off-site impacts. FINDING: As shown in the analysis above, staff finds that the proposed text amendment is consistent with the applicable provisions of the City's implementing ordinances. SECTION V. STAFF CONCLUSION & RECOMMENDED MODIFICATIONS As proposed, the application will narrowly expand the permitted uses in the IP zone in order to address a recurring issue in the ability for contractors offices to locate in such areas. The public facility impact of this change is insignificant because facilities in which office floor area is over 50% of the total occupied are already allowed. Similarly, the functional and aesthetic qualities of the IP zone are maintained since the use will be restricted to prevent outside storage of materials. By imposing restriction No. 4 which requires all activities, except employee and customer parking, to be wholly contained within a building(s), any potential for aesthetic or other off-site impacts will be prevented. The preceding narrative shows that all criteria for approval for this application have been met. That said, staff recommends that the requested amendment be modified to eliminate the proposed Note 15 which limits Industrial Services to "contractors and others that perform services off-site." Staff finds this restriction unnecessary to ensure consistency with the intent of the I-P Zoning District, whose intent is to preserve a campus like feel and prevent off-site impacts. Moreover, as demonstrated in the findings above, Note 15 would prevent the efficient utilization of industrial lands. INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 9 OF 10 • • SECTION VI. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS Metro reviewed the application and in an email dated February 21, 2013, found it consistent with Title IV of the Metro Urban Growth Management Functional Plan. DLCD, Tualatin Valley Fire & Rescue, Clean Water Services, City of Beaverton, City of Durham, City of King City, City of Lake Oswego, City of Portland, City of Tualatin, Metro, and ODOT were notified of the proposed code text amendment but provided no comment. March 11.2013 PREPARED BY: John Floyd DATE Associate Planner March 11.2013 APPROVED BY: Tom McGuire DA1'h Assistant Community Development Director INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT'DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO TI IE PLANNING COMMISSION PAGE 10 OF 10 • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes March 18,2013 CALL TO ORDER President Anderson called the meeting to order at 7:02 p.m. The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. ROLL CALL Present: President Anderson Vice President Rogers Commissioner Doherty Commissioner Feeney Commissioner Fitzgerald Commissioner Gaschke Commissioner Muldoon Commissioner Schmidt Commissioner Shavey Absent: None Staff Present: Kenny Asher, Community Development Director;Tom McGuire, Assistant Community Development Director; Doreen Laughlin, Executive Assistant;John Floyd,Associate Planner;Marissa Daniels, Associate Planner Also Present: Council Liaison Gretchen Buchner COMMUNICATIONS Commissioner Muldoon shared that he'd learned some things by sitting in on a Q&A from the Land Use Board of Appeals (LUBA). He noted that one thing he'd learned was that it's particularly important to be very clear with the written language, for example,if an aspirational statement like "The City shall..."is written into something,LUBA takes that quite literally; the written word in documents needs to be very clear and,if it's not meant to be literal - but simply aspirational,it needs to be clearly and carefully worded that way. Councilor Gretchen Buehner introduced herself as the new Council Liaison to the Planning Commission and told them about her background and what she believes her role is. She said she believes the problems that arose between the Council and the Planning Commission last year were attributable to lack of direct communication—too much of it went through staff. She would like to make sure there's better communication. She'd like to go out to coffee or I:\aRPne\Planning Commission\2013 PC Padeb\031813\tpc approved 031813 minutes.docx Page 1of7 • • lunch with Tom [McGuire,Assistant Community Development Director] once in a while so she has a better idea of what the commission is doing. Commissioner Buehner shared some ideas as to how she would like to see the Commission's role expanded to include reviewing residential land use cases. As an aside, before leaving, Councilor Buehner mentioned that Marissa Daniels would be giving the Commissioners a report later in the evening on the Tigard Goal 10 Population& Housing Review. She said she'd been taken aside by the President of the Homebuilders Association earlier in the day, and that he was concerned that the Minority Report from the committee would not be presented to the Commission. She suggested that he be asked to testify when this comes to a public hearing. CONSIDER MINUTES February 4th Meeting Minutes: President Anderson asked if there were any additions, deletions, or corrections to the February 4 minutes; there being none,Anderson declared the minutes approved as submitted. PUBLIC HEARING - OPENED MASCO DEVELOPMENT CODE AMENDMENT -DCA2012-00003 REQUEST: The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. The complete text of the currently proposed amendments can be viewed on the City's website at http://www.tigard-or.gov/city hall/public notices/ LOCATION: All properties located within the I-P: Industrial Park Zoning District QUASI-JUDICIAL HEARING STATEMENTS President Anderson read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions;there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: None. No challenges of the jurisdiction of the commission; no conflicts of interest. STAFF REPORT Associate Planner John Floyd introduced himself and went over the staff report. [Staff reports are available one week before the meeting.]John also went over a PowerPoint presentation (Exhibit A). STAFF FINDINGS: / Proposal is consistent with approval standards for Development Code Amendments ► Insignificant public facility impact / Resolves a frequent land use issue I:\LRPLN\Planning Commission\2013 PC Packets\Wien\tpc approved 031313 minutes.docx Page 2 of 7 • • ► Creates more opportunity for Industrial Services wanting to locate in Tigard (400 Acres) / May return some long-standing businesses to conforming status (Ord. 98-19 removed all building related business from I-P Zone) ► Restriction #15 unnecessarily restrictive ► All industrial services are potentially consistent with I-P zoning district through Restriction #4. ► Public facility impacts not anticipated if Restriction #15 removed. STAFF RECOMMENDATION That the Planning Commission finds in favor of the proposed amendments and associated staff report, with any changes as determined through the public hearing process, and recommends approval to the Tigard City Council. APPLICANT PRESENTATION Lans Stout, Planning Consultant, 7650 SW Beveland,Tigard - and representative for the applicant, said his client went this route because they had actually signed a lease on a space without asking the right questions. They decided the best thing to do would be to make this proposal to help them and the City of Tigard as well—clean up this problem. The proposal is fairly narrow to address simply the problem with contractors;however, they are perfectly fine with broadening it;if the Planning Commission feels it's appropriate to broaden it as staff recommends, they're fine with that. Overall, the staff report is comprehensive, the findings are well done, and they would support them. He asked if there were any questions of him. There were no questions. COMMENTS/QUESTIONS OF STAFF So you believe Restriction #15 is unnecessarily restrictive? We believe so. How many of these do you see a year? A year is hard to say;however, I can say we see several monthly;it's a frequent issue. Staff was happy to see this change applied for;it's a change that would have eventually been recommended. TESTIMONY IN FAVOR—None TESTIMONY IN OPPOSITION—None PUBLIC HEARING - CLOSED DELIBERATIONS There was a consensus that this looks to be a good idea that adds flexibility— and also that economic development is good for Tigard. Regarding Restriction 15—the consensus was that it's really just an unnecessary obstacle, as the next person might not be a contractor. I:\LRPLN\Planning Commission\2013 PC Packets\031813\(pc approved 031813 minutes docr Page 3 of 7 MOTION Commissioner Muldoon made the following motion, seconded by Commissioner Richard Shavey: "I move the Planning Commission forward a recommendation of approval to the City Council of application DCA2012-00003 and adoption of the findings and conditions of approval contained in the staff report as modified by the removal of Condition 15 in Table 18.530.1—such condition already adequately addressed by Condition 4 which requires all activity be wholly contained within buildings." A vote was taken and the motion passed unanimously. BRIEFING: Pending amendments to wetlands regulations John Floyd,Associate Planner, said he was there to give a heads up to the Planning Commission on another Development Code Amendment that would be coming before them in May. ➢ There would be a narrow exemption for Public Works to allow them to expand or construct specified public facilities within or near significant wedands —but only if they obtain all necessary permits from the Corps,DSL, and CWS. D. This is intended as a stop-gap measure until the City can perform significant updates to the sensitive lands chapter. D. The issue is that current wetlands regulations require complete avoidance of a wetland AND its associated buffer, or to go through a Comprehensive Plan Amendment to remove all protections for the wetlands. ➢ There is no middle ground for projects that have made every attempt to reduce and mitigate their impact. D. A good example is the planned construction of a sidewalk along 92nd Avenue,between the high school and the parking lot of Cook Park. ➢ Because significant wetlands come up to the boundary of the pavement on both sides of the road, the city cannot construct the sidewalk without amending the Comprehensive Plan. This adds at least$40,000 to the cost of the project, and would result in less protection for the wetlands, not more,when the project was done. D. Very early drafts at this stage; still working with the City Attorney and Public Works. ➢ Will be reaching out to other agencies and interested parties before coming before the Commission. 10 MINUTE RECESS I:\LRPLN\Planning Commission\2013 PC Packets\031813\tpc approved 031813 minutes docx Page 4 of 7 WORKSHOP: Tigard Goal 10 Population &Housing Review Marissa Daniels,Associate Planner,introduced herself and Matt Hastie,Project Manager, from Angelo Planning who went over a PowerPoint to provide an overview. (Exhibit B). Key Findings: • Tigard has enough land to meet 20-year housing needs • Future needs include high percentage of ownership units and a relatively even split between single-family detached homes and other types of housing • Continued need for housing at full range of prices • Demographic issues include aging population, "millennial"generation, diminishing household size,immigration and workforce housing needs Housing Strategies Summary: • Comprehensive Plan policy and Code updates • Location-specific recommendations—River Terrace,Downtown,Tigard Triangle, Washington Square,other mixed use or transit oriented areas • Other non-regulatory strategies—partnering, coordination,informational materials • Administrative and funding recommendations—staffing,affordable housing role, financing Comprehensive Plan Amendments: • Update Housing Chapter of Comprehensive Plan — Revise narrative — Replace findings with more current information — Modest updates to policies and actions — Reference Housing Strategies Report — Adopt coordinated population forecast • Update Land Use Planning Chapter of Comprehensive Plan — One additional policy is proposed Development Code Amendments: • Provide clear and objective standards — Eliminate discretionary design standards that apply to needed housing Planning Commission / Council Actions: • Adopt Comprehensive Plan amendments • Adopt clear and objective standards Code amendments • Adopt new coordinated population projections QUESTIONS Has there been any feedback and,if so,was it contentious at all?No—the feedback has been positive. I:\LRPLN\Planning Commission\2013 PC Packets\031813\tpc approved 031813 minutes.doc, Page 5 of 7 • • Vice President Rogers recalled that Councilor Buehner earlier in the evening had talked about the Homebuilder's Association (HBA) President being concerned about information from a Minority Report not being presented. Rogers asked for clarification on that. Marissa Daniels answered: "This was the first time I'd heard anything about that."President Tom Anderson,who had also been at that meeting, said he'd not heard anything about it either. Marissa will give the HBA President a phone call, check to see what/if there are concerns and would report back to the Commission. Matt Hastie said he couldn't think of any instances where they hadn't implemented the recommendations that had come from the HBA Representative. He said there may have been a couple of little things where they'd said something like "Well,you know,you can also think about this... but it's not a big deal." "For the most part," Mr. Hastie said, "we really did reflect what we heard from everybody there in the report." Marissa said,to her knowledge it had not been contentious,and that she would get back to the Commission on this. OTHER BUSINESS Tom McGuire was congratulated and applauded by President Anderson, and the other commissioners, on his new permanent position as Assistant Community Development Director. Tom thanked them and said he had two items to bring up to the commission. One is that the idea had been brought out in an earlier Planning Commission 2013 goals discussion to have,in addition to the goals they'd decided on, some sort of training, presentation,or field trip, on a quarterly basis - and that the Commissioners had agreed that this was a good idea. He mentioned the upcoming Land Use Training on March 21 would count as the first of those, and that he wanted to talk about possibilities for some of the others that would occur later in the year. He said a good field trip possibility would be to take a tour of the River Terrace area some evening this summer. There would be a lot of interest and activity in the next 12 to 14 months surrounding River Terrace, and that it would be good to have some direct knowledge of the area. He mentioned that Commissioner Shavey had written an email with several additional suggestions and that they're looking at many different possibilities. He asked for some direction from the Commission. President Anderson noted there wasn't a budget for this but that if anyone had any other ideas, they could email Tom McGuire. Vice President Rogers said he didn't think there was a need to schedule everything immediately. The only thing that is time sensitive is the River Terrace field trip —in that it should be done in the summer while it's still light out in the early evening. The second item Tom McGuire wanted to mention was regarding Cost Co. He said Cost Co is looking to do some expansion on their site (a gas station) and that they have a design issue due to it being close to the road. Cost Co would like to take the option of having a Design Evaluation Team look at this. A sub-committee would need to be formed, and they're looking for three volunteers from the Planning Commission to serve on it. The design team would work with Cost Co—review their plans, and provide some design advice that staff would consider. It would come back to the Planning Commission as part of their application for I:\LPPIN\PlannIn3 Commission\2013 PC Packets\031813\tPc approved 031813 minutes.doa Page 6 of 7 • • review. The sub-committee would provide recommendations to the full Commission when that project came before them. This would be the first time that Tom McGuire is aware of, that anybody has asked to take advantage of the Design Evaluation Team option. He said there's a similar system in place for Downtown. President Anderson asked if there were any engineers or architects on the commission who would like to step up. Commissioners Brian Feeney, Calista Fitzgerald, and Don Schmidt volunteered to be on the team. Tom McGuire thanked them for volunteering and said he would be getting back to them with the details. ADJOURNMENT President Anderson adjourned the meeting at 8:40 p.m. (`. Doreen Laughlin,Planning Co m scion Secretary ATTEST: President Tom Anderson Page 7 of 7 CITY OF TIGARD Respect and Care I Do the Right Thing Get it Done ■ . TIGARD EXHIBIT A DCA2O12-00003 MASCO • John Floyd, Associate Planner March 18, 2013 CITY OF TIGARD • Text Amendment to allow Industrial Services in I-P: Industrial Park Zone / Proposal to amend TDC Table 18.530. 1 ( Use Table: Industrial Zones) / Changes "Industrial Services" from "Prohibited" to "Restricted" land use in I-P Zone • / Would allow building contractors to more easily locate within I-P Zone (frequent issue) CITY OF TIGARD Text Amendment to allow Industrial Services in • I-P: Industrial Park Zone Contractors already allowed if less than S0% square footage dedicated to materials storage & no associated on-site fabrication Proposed changes would just remove this restriction on floor space • CITY OF TIGARD • TABLE 18.530.1 USE CATEGORY I-P I-L I-H Industrial Services N R4,15 P P 4. Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). • 15. Limited to contractors and others who perform services off-site. CIT O F TIGARD I-P: Industrial Park District • The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition • to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well integrated, attractively landscaped, and pedestrian-friendly. ( 1 I' 1' ( ) 1 1' I G A R D • Industrial Services Land Use Classification Characteristics: Industrial Services are uses that repair and service industrial, business, or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Includes contractors, building maintenance services and similar uses, that • perform services off-site. Few customers, especially the general public, come to the site. CITY OF TIGARD Industrial Services Land Use Classification • Examples: welding shops; machine shops; repair shops for tools, scientific/professional instruments, and motors; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops; building, heating, plumbing or electrical contractors; printing, publishing and • lithography; exterminators; janitorial and building maintenance contractors; fuel oil distributions; solid fuel yards; laundry, dry-cleaning and carpet cleaning plants; and photo- finishing laboratories. CITY OF TIGARD • Industrial Services Land Use Classification Exceptions: Contractors and others who perform services off-site are included in the Office category if equipment and materials storage does not constitute 50% or more of occupied space and fabrication or similar work is not carried out at the site. • CITY ( 1 I ( i 1 1: 1) TABLE 18.530. 1 • USE CATEGORY I-P I-L I-H Industrial Services P P 4. Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). • 15. Limited to contractors and others who perform services off-site. CITY OF "1' I G A R 1) • Staff Findings / Proposal is consistent with approval standards for Development Code Amendments / Insignificant public facility impact / Resolves a frequent land use issue Creates more opportunity for Industrial Services • wanting to locate in Tigard (400 Acres) 1 May return some long-standing businesses to conforming status (Ord . 98-19 removed all building related business from I-P Zone) C 1 T V O 1 1 I (; A R 1) Staff Findings Continued • / Restriction #15 unnecessarily restrictive / All industrial services are potentially consistent with I-P zoning district through Restriction #4. 1 Public facility impacts not anticipated if Restriction #15 removed . • CITY 01 , TIGARD • Staff Recommendation That the Planning Commission find in favor of the proposed amendments and associated staff report, with any changes as determined through the public hearing process, and recommend approval to the Tigard City Council. • • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes March 18,2013 CALL TO ORDER President Anderson called the meeting to order at 7:02 p.m.The meeting was held in the Tigard Civic Center,Town Hall,at 13125 SW Hall Blvd. ROLL CALL Present: President Anderson Vice President Rogers Commissioner Doherty Commissioner Feeney Commissioner Fitzgerald Commissioner Gaschke Commissioner Muldoon Commissioner Schmidt Commissioner Shavey Absent: None Staff Present: Kenny Asher, Community Development Director;Tom McGuire, Assistant Community Development Director;Doreen Laughlin, Executive Assistant;John Floyd,Associate Planner; Marissa Daniels, Associate Planner Also Present: Council Liaison Gretchen Buehner COMMUNICATIONS Commissioner Muldoon shared that he'd learned some things by sitting in on a Q&A from the Land Use Board of Appeals (LUBA). He noted that one thing he'd learned was that it's particularly important to be very clear with the written language, for example,if an a.pirational statement like "The City shall..." is written into something, LUBA takes that quite literally; the written word in documents needs to be very clear and,if it's not meant to be literal - but simply aspirational,it needs to be clearly and carefully worded that way. Councilor Gretchen Buchner introduced herself as the new Council Liaison to the Planning Commission and told them about her background and what she believes her role is. She said she believes the problems that arose between the Council and the Planning Commission last year were attributable to lack of direct communication—too much of it went through staff. She would like to make sure there's better communication. She'd like to go out to coffee or I:\IRPW\Ptanning Comm eskaA2013 PC Pallets\031813\ipc approved 031813 minutes.dDo( Page 1of7 lunch with Tom [McGuire,Assistant Community Development Director] once in a while so she has a better idea of what the commission is doing. Commissioner Buehner shared some ideas as to how she would like to see the Commission's role expanded to include reviewing residential land use cases. As an aside,before leaving, Councilor Buehner mentioned that Marissa Daniels would be giving the Commissioners a report later in the evening on the Tigard Goal 10 Population& Housing Review. She said she'd been taken aside by the President of the Homebuilders Association earlier in the day,and that he was concerned that the Minority Report from the committee would not be presented to the Commission. She suggested that he be asked to testify when this comes to a public hearing. CONSIDER MINUTES February 4th Meeting Minutes: President Anderson asked if there were any additions, deletions, or corrections to the February 4 minutes; there being none,Anderson declared the minutes approved as submitted. PUBLIC HEARING - OPENED MASCO DEVELOPMENT CODE AMENDMENT - DCA2012-00003 REQUEST:The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. The complete text of the currently proposed amendments can be viewed on the City's website at http://www.tigard-or.gov/city hall/public notices/ LOCATION:All properties located within the I-P: Industrial Park Zoning District QUASI-JUDICIAL HEARING STATEMENTS President Anderson read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: None. Site visitations: None. No challenges of the jurisdiction of the commission;no conflicts of interest. STAFF REPORT Associate Planner John Floyd introduced himself and went over the staff report. [Staff reports are available one week before the meeting.]John also went over a PowerPoint presentation (Exhibit A). STAFF FINDINGS: / Proposal is consistent with approval standards for Development Code Amendments ► Insignificant public facility impact ► Resolves a frequent land use issue !ALARM\Planning Commission\2013 PC Packets\031R33\tpc approved 031813 minutes.dacx Page 2 of 7 ID • ► Creates more opportunity for Industrial Services wanting to locate in Tigard (400 Acres) ► May return some long-standing businesses to conforming status (Ord. 98-19 removed all building related business from I-P Zone) ► Restriction #15 unnecessarily restrictive / All industrial services are potentially consistent with I-P zoning district through Restriction #4. ► Public facility impacts not anticipated if Restriction #15 removed. STAFF RECOMMENDATION That the Planning Commission finds in favor of the proposed amendments and associated staff report,with any changes as determined through the public hearing process, and recommends approval to the Tigard City Council. APPLICANT PRESENTATION Lans Stout, Planning Consultant, 7650 SW Beveland,Tigard - and representative for the applicant, said his client went this route because they had actually signed a lease on a space without asking the right questions. They decided the best thing to do would be to make this proposal to help them and the City of Tigard as well—clean up this problem. The proposal is fairly narrow to address simply the problem with contractors;however, they are perfectly fine with broadening it;if the Planning Commission feels it's appropriate to broaden it as staff recommends, they're fine with that. Overall, the staff report is comprehensive, the findings are well done, and they would support them. He asked if there were any questions of him. There were no questions. COMMENTS/QUESTIONS OF STAFF So you believe Restriction #15 is unnecessarily restrictive? We believe so. How many of these do you see a year? A year is hard to say;however, I can say we see several monthly;it's a frequent issue. Staff was happy to see this change applied for;it's a change that would have eventually been recommended. TESTIMONY IN FAVOR—None TESTIMONY IN OPPOSITION — None PUBLIC HEARING - CLOSED DELIBERATIONS There was a consensus that this looks to be a good idea that adds flexibility—and also that economic development is good for Tigard. Regarding Restriction 15 —the consensus was that it's really just an unnecessary obstacle, as the next person might not be a contractor. l:\LRPLN\Planning Compassion\2013 PC Packets\031813\tpc approved 031813 minutes.doca Page 3 of 7 • • • MOTION Commissioner Muldoon made the following motion, seconded by Commissioner Richard Shavey: "I move the Planning Commission forward a recommendation of approval to the City Council of application DCA2012-00003 and adoption of the findings and conditions of approval contained in the staff report as modified by the removal of Condition 15 in Table 18.530.1—such condition already adequately addressed by Condition 4 which requires all activity be wholly contained within buildings." A vote was taken and the motion passed unanimously. BRIEFING: Pending amendments to wetlands regulations John Floyd,Associate Planner, said he was there to give a heads up to the Planning Commission on another Development Code Amendment that would be coming before them in May. • There would be a narrow exemption for Public Works to allow them to expand or construct specified public facilities within or near significant wetlands—but only if they obtain all necessary permits from the Corps,DSL, and CWS. ➢ This is intended as a stop-gap measure until the City can perform significant updates to the sensitive lands chapter. ➢ The issue is that current wetlands regulations require complete avoidance of a wetland AND its associated buffer, or to go through a Comprehensive Plan Amendment to remove all protections for the wetlands. ➢ There is no middle ground for projects that have made every attempt to reduce and mitigate their impact. > A good example is the planned construction of a sidewalk along 92nd Avenue, between the high school and the parking lot of Cook Park. ➢ Because significant wetlands come up to the boundary of the pavement on both sides of the road, the city cannot construct the sidewalk without amending the Comprehensive Plan. This adds at least$40,000 to the cost of the project, and would result in less protection for the wetlands, not more,when the project was done. ➢ Very early drafts at this stage; still working with the City Attorney and Public Works. ➢ Will be reaching out to other agencies and interested parties before coming before the Commission. 10 MINUTE RECESS L\LRPLN\Planning Commission\Z013 PC Packets\031813\tin approved 031813 minutes.docx Page 4 of 7 • • WORKSHOP:Tigard Goal 10 Population &Housing Review Manssa Daniels,Associate Planner,introduced herself and Matt Hastie,Project Manager, from Angelo Planning who went over a PowerPoint to provide an overview. (Exhibit B). Key Findings: • Tigard has enough land to meet 20-year housing needs • Future needs include high percentage of ownership units and a relatively even split between single-family detached homes and other types of housing • Continued need for housing at full range of prices • Demographic issues include aging population, "millennial"generation, diminishing household size,immigration and workforce housing needs Housing Strategies Summary: • Comprehensive Plan policy and Code updates • Location-specific recommendations—River Terrace,Downtown,Tigard Triangle, Washington Square,other mixed use or transit oriented areas • Other non-regulatory strategies—partnering,coordination,informational materials • Administrative and funding recommendations—staffing, affordable housing role, financing Comprehensive Plan Amendments: • Update Housing Chapter of Comprehensive Plan — Revise narrative — Replace findings with more current information — Modest updates to policies and actions — Reference Housing Strategies Report — Adopt coordinated population forecast • Update Land Use Planning Chapter of Comprehensive Plan — One additional policy is proposed Development Code Amendments: • Provide clear and objective standards — Eliminate discretionary design standards that apply to needed housing Planning Commission / Council Actions: • Adopt Comprehensive Plan amendments • Adopt clear and objective standards Code amendments • Adopt new coordinated population projections QUESTIONS Has there been any feedback and,if so,was it contentious at all?No—the feedback has been positive. I:\IAPIN\Pbnning Commission\2013 PC Packets\031A13\roc approved 031813 minutes.doa Page 5 of 7 i • Vice President Rogers recalled that Councilor Buehner earlier in the evening had talked about the Homebuilder's Association (HBA) President being concerned about information from a Minority Report not being presented. Rogers asked for clarification on that. Marissa Daniels answered: "This was the first time I'd heard anything about that." President Tom Anderson,who had also been at that meeting, said he'd not heard anything about it either. Marissa will give the HBA President a phone call, check to see what/if there are concerns and would report back to the Commission. Matt Hastie said he couldn't think of any instances where they hadn't implemented the recommendations that had come from the HBA Representative. He said there may have been a couple of little things where they'd said something like "Well,you know,you can also think about this... but it's not a big deal." "For the most part," Mr. Hastie said, "we really did reflect what we heard from everybody there in the report." Marissa said, to her knowledge it had not been contentious, and that she would get back to the Commission on this. OTHER BUSINESS Tom McGuire was congratulated and applauded by President Anderson, and the other commissioners, on his new permanent position as Assistant Community Development Director. Tom thanked them and said he had two items to bring up to the commission. One is that the idea had been brought out in an earlier Planning Commission 2013 goals discussion to have, in addition to the goals they'd decided on, some sort of training, presentation, or field trip, on a quarterly basis - and that the Commissioners had agreed that this was a good idea. He mentioned the upcoming Land Use Training on March 21 would count as the first of those, and that he wanted to talk about possibilities for some of the others that would occur later in the year. He said a good field trip possibility would be to take a tour of the River Terrace area some evening this summer. There would be a lot of interest and activity in the next 12 to 14 months surrounding River Terrace, and that it would be good to have some direct knowledge of the area. He mentioned that Commissioner Shavey had written an email with several additional suggestions and that they're looking at many different possibilities. He asked for some direction from the Commission. President Anderson noted there wasn't a budget for this but that if anyone had any other ideas, they could email Tom McGuire. Vice President Rogers said he didn't think there was a need to schedule everything immediately. The only thing that is time sensitive is the River Terrace field trip —in that it should be done in the summer while it's still light out in the early evening. The second item Tom McGuire wanted to mention was regarding Cost Co. He said Cost Co is looking to do some expansion on their site (a gas station) and that they have a design issue due to it being close to the road. Cost Co would like to take the option of having a Design Evaluation Team look at this.A sub-committee would need to be formed, and they're looking for three volunteers from the Planning Commission to serve on it. The design team would work with Cost Co—review their plans, and provide some design advice that staff would consider. It would come back to the Planning Commission as part of their application for I:\tRPW\Planning Commission\2013 PC ParLets\031813\tpc approved 031813 minutes doa Page 6 of 7 • review. The sub-committee would provide recommendations to the full Commission when that project came before them. This would be the first time that Tom McGuire is aware of, that anybody has asked to take advantage of the Design Evaluation Team option. He said there's a similar system in place for Downtown. President Anderson asked if there were any engineers or architects on the commission who would like to step up. Commissioners Brian Feeney, Calista Fitzgerald, and Don Schmidt volunteered to be on the team. Tom McGuire thanked them for volunteering and said he would be getting back to them with the details. ADJOURNMENT President Anderson adjourned the meeting at 8:40 p.m. Doreen Laughlin, Planning Co 'ssion Secretary Ars ATTEST: President Tom Anderson Page 7 of 7 CITY OF TIGARD Respect and Care Do the Right Thing Get it Done ill , • TIGARD EXHIBIT A DCA2O12-00003 MASCO • John Floyd, Associate Planner March 18, 2013 CITY OF TIGARD Text Amendment to allow Industrial Services in • I-P: Industrial Park Zone / Proposal to amend TDC Table 18.530. 1 ( Use Table: Industrial Zones) Changes "Industrial Services" from "Prohibited" to "Restricted" land use in I-P Zone • / Would allow building contractors to more easily locate within I-P Zone (frequent issue) • ( i ,l O F I I G A R D Text Amendment to allow Industrial Services in • -P: Industrial Park Zone / Contractors already allowed if less than 50% square footage dedicated to materials storage & no associated on-site fabrication 1 Proposed changes would just remove this restriction on floor space • CITYOF TIGARD TABLE 18.530.1 + USE CATEGORY I-P I-L I-H Industrial Services N. R4,15 P P 4. Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). • 15. Limited to contractors and others who perform services off-site. CITY OF '1 I G A R D I-P: Industrial Park District i The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition • to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well integrated, attractively landscaped, and pedestrian-friendly. CITY OF TIGARD Industrial Services Land Use Classification Characteristics: Industrial Services are uses that repair and service industrial, business, or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Includes contractors, building maintenance services and similar uses, that • perform services off-site. Few customers, especially the general public, come to the site. O 1' TIGARD Industrial Services Land Use Classification • Examples: welding shops; machine shops; repair shops for tools, scientific/professional instruments, and motors; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops; building, heating, « plumbing or electrical contractors; printing, publishing and lithography; exterminators; janitorial and building maintenance contractors; fuel oil distributions; solid fuel yards; laundry, dry-cleaning and carpet cleaning plants; and photo- finishing laboratories. CIT Y 01, TIG ARD Industrial Services Land Use Classification • Exceptions: Contractors and others who perform services off-site are included in the Office category if equipment and materials storage does not constitute 50% or more of occupied space and fabrication or similar work is not carried out at the site. CITY OF TIGARD • TABLE 18.530.1 USE CATEGORY I-P I-L I-H Industrial Services N R4,15 P P 4. Permitted if all activities, except employee and customer parking, are wholly contained with a buildings). • 15. Limited to contractors and others who perform services off-site. CITY (_) I TIGARD Staff Findings • 1 Proposal is consistent with approval standards for Development Code Amendments / Insignificant public facility impact 1 Resolves a frequent land use issue / Creates more opportunity for Industrial Services • wanting to locate in Tigard (400 Acres) / May return some long-standing businesses to conforming status (Ord . 98-19 removed all building related business from I-P Zone) ( IIY OF T I G A R 1) Staff Findings Continued • Restriction #15 unnecessarily restrictive / All industrial services are potentially consistent with I-P zoning district through Restriction #4. Public facility impacts not anticipated if Restriction #15 removed. • O l TIGARD Staff Recommendation i That the Planning Commission find in favor of the proposed amendments and associated staff report, with any changes as determined through the public hearing process, and recommend approval to the Tigard City Council. • • 4/3/2013 EXHIBIT B Project Objectives • Meet community-wide housing needs • Address future housing and demographic trends • Promote housing affordability • Go beyond state and regional requirements Meet the needs of an aging population • Maintain a high level of livability City.fTR., • Invo lve a variety of community stakeholders Perladk Review Population and Housing Report w.egc..e.1.1vees.r I rran.tmr s.saer•d a..rsnwI trestles Meeting Objectives Study Components • Provide overview of planning process • Analysis of existing and future housing needs • Discuss key housing strategies • Review of compliance with local,regional, • Obtain feedback on Comprehensive Plan and Code state and federal requirements and amendment recommendations police, • Evaluation of development code provisions • Assessment of location-specific objectless • Development of Housing Strategies Report • Preparation of proposed Comprehensive Plan and Code amendments .._ s.s.e wwersw I...Milk Zan rwrrrr.r•wwl ere Kees 1 • • 4/3/2013 Tigard Overall Housing Goal Key Findings • Tigard has enough land to meet 20-year housing needs • Future needs include high percentage of "Provide opportunities for a variety of housing types at o ownership units and a relatively even split range of pi levp4 to meet the diverse housing needs of between single-family detached homes and other types of housing current and future City residents" • Continued need for housing at full range of prices • Demographic issues include aging population,'millennial"ganaration, diminishing household size,immigration and workforce housing needs •w+au aa•-•s Awed)aeost non rwwarms e,.,s ..al'Amuck u.mu State Requirements Housing Strategies Summary • Meet full range of housing needs • Comprehensive Plan policy and Code updates • Allow for 50/50 split of single-family detached and • Location-specific recommendations-River Terrace, other housing types Downtown,Tigard Triangle,Washington Square,other • Allow for an average density of 10 units per net acre mixed use or transit oriented areas • Provide clear and objective standards for needed • Other non-regulatory strategies-partnering, housing coordination,informational materials • Provide enough land to meet 20-year housing needs • Administrative and funding recommendations- staffing,affordable housing role,financing rm+••rauimmraamsl ad.it no, r.re••d...e•-rmr.al m.mwams 2 • • 4/3/2013 Comprehensive Plan Amendments Development Code Strategies • Update Housing Chapter of Comprehensive Plan • Increase opportunities for — Revise narrative emerging housing types— 1fn. r Replace findings with more current Information "cottage housing"and — Modest updates to policies and actions "live/work units" ,-.z — Reference Housing strategies Report • — Adopt coordinated population forecast Adjust duplex lot size • Update Land Use Planning Chapter of Comprehensive standards • Plan • Develop specific standards for — One additional polity is proposed attached single-family housing a•.. _" (town homes)city-wide a r..aaa.rn..ae••a.nl aswsa.ama I rowan,MO Development Code Amendments Development Code Strategies • Provide clear and objective standards • Update accessory — Eliminate discretionary design standards that apply to needed dwelling unit - housing --- requirements • Consider parking standard adjustments ■ • Consider height or density bonus provisions • Address clear and objective standards issue raaaniaaae.ayaesnl wasa:ms r.aaasa..d NU,itewrl+"al%MI 3 • • 4/3/2013 Implementation Approach a. S.*$..y1a.nl u.mwzma Planning Commission/Council Actions • Adopt Comprehensive Plan amendments • Adopt clear and objective standards Code amendments • Adopt new coordinated population projections M.WIIw oral**.I IA lt]W. 4 41 1111 Tigard Planning Commission TIGARD Agenda Item # Page 1 of Date of Hearing Case Number(s) S)CA 7_0\7_ —D CX c Case Name (` i sc c) C fkme Location M, rp� r-c es c,n,i On; ,,, 1— P ve If you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent (for the proposal): Opponent (against the proposal): Name: (..46,/„j S u a- Name: -- - c (Le.,0- , OL ) Address: -742 SD ) Address: City, State, Zip: TZ Cote-ikAi chu aZ 2 3 City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: • • CITY OF TIGARD Respect and Care I Do the Right Thing I Get It Done IPq TIGARD DCA2012-00003 MASCO John Floyd,Associate Planner March 18,2013 1 • • I I l I , I I I G A I: 1) Text Amendment to allow Industrial Services in I-P: Industrial Park Zone / Proposal to amend TDC Table 18.530.1 (Use Table: Industrial Zones) Changes "Industrial Services"from "Prohibited"to "Restricted" land use in I-P Zone / Would allow building contractors to more easily locate within I-P Zone (frequent issue) Would actually allow industrial type land uses within an industrial zone. City= 6488 acres (includes Area 64) I H = 50 acres +/1 I-L= 263 acres I-P = 383 acres 2 • • Text Amendment to allow Industrial Services in I-P: Industrial Park Zone Contractors already allowed if less than 50%square footage dedicated to materials storage & no associated on-site fabrication / Proposed changes would just remove this restriction on floor space Would actually allow industrial type land uses within an industrial zone. City= 6488 acres (includes Area 64) I-H = 50 acres +/1 I-L= 263 acres I-P = 383 acres 3 • • I 'I 1' () 1 C I ( .1 R I) TABLE 18.530.1 USE CATEGORY I-P I-L I-H Industrial Services P P 4. Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 15. Limited to contractors and others who perform services off-site. 4 • • v r ti I-P: Industrial Park District The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor,vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well integrated, attractively landscaped, and pedestrian-friendly. Stated intent of Industrial Park District. At present there are many light industrial land uses that cannot locate within the Industrial Parks Zone. As implemented in the zoning code, the I-P district is more like an office park zone than an industrial park zone. 5 • • 1 i t I I ( It 1, Industrial Services Land Use Classification Characteristics: Industrial Services are uses that repair and service industrial, business, or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Includes contractors, building maintenance services and similar uses, that perform services off-site. Few customers, especially the general public, come to the site. 6 • 1 ) I I <; A R I� Industrial Services Land Use Classification Examples: welding shops; machine shops; repair shops for tools, scientific/professional instruments, and motors; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials;towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators;janitorial and building maintenance contractors; fuel oil distributions; solid fuel yards; laundry, dry-cleaning and carpet cleaning plants; and photo- finishing laboratories. Building trades contractors are a subset of a much larger category of uses 7 • • Industrial Services Land Use Classification Exceptions: Contractors and others who perform services off-site are included in the Office category if equipment and materials storage does not constitute 50%or more of occupied space and fabrication or similar work is not carried out at the site. The code already allows some storage, the proposed changes would just get ridt of this restriction within the I-P zone. 8 (_ I I Y O I. 'I' I G _A R 1) TABLE 18.530.1 USE CATEGORY I-P I-L I-H Industrial Services P P 4. Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 15. Limited to contractors and others who perform services off-site. 9 Staff Findings / Proposal is consistent with approval standards for Development Code Amendments / Insignificant public facility impact / Resolves a frequent land use issue / Creates more opportunity for Industrial Services wanting to locate in Tigard (400 Acres) / May return some long-standing businesses to conforming status (Ord.98-19 removed all building related business from I-P Zone) Ordinance 98-19 pushed all construction related businesses into the Light Industrial Zone, but this zone constitutes approximately 2/3 the land area as the Industrial Park Zone. PC may recall the Pioneer Waterproofing Zone Change that could not wait for this text amendment to be adopted. City = 6488 acres (includes Area 64) I-H = 50 acres +/1 I-L= 263 acres I-P = 383 acres 10 • • () I. I I ; _A it U Staff Findings Continued ► Restriction #15 unnecessarily restrictive ► All industrial services are potentially consistent with I-P zoning district through Restriction #4. Public facility impacts not anticipated if Restriction #15 removed. 11 • c r v OF TIGARD Staff Recommendation That the Planning Commission find in favor of the proposed amendments and associated staff report, with any changes as determined through the public hearing process, and recommend approval to the Tigard City Council. 12 al 41)0L... IN " City of Tigard TIGARD Planning Commission Agenda MEETING DATE: March 18, 2013; 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 P•m. 2. ROLL CALL roo P.m. 3. COMMUNICATIONS 7:01 p.m. 4. CONSIDER MINUTES 7:11 pan. 5 PUBLIC HEARING 7:15 P•m• MASCO DEVELOPMENT CODE AMENDMENT - DCA2012-00003 REQUEST: The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. The complete text of the currently proposed amendments can be viewed on the City's website at http://www.tigard-or.gov/city hall/public notices/ LOCATION: All properties located within the I-P: Industrial Park Zoning District 6. BRIEFING: PENDING AMENDMENTS TO WETLANDS REGULATIONS 5:15 Pm. 7. WORKSHOP: TIGARD GOAL 10 POPULATION & HOUSING REVIEW 8:45 p.m. 8. OTHER BUSINESS 9:15 p.m. 9. ADJOURNMENT 9:2°P•m• PLANNING COMMISSION AGENDA— MARCH 18, 2013 City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of 2 • • Agenda Item: 5 Hearing Date: March 18,2013 Time: 7:00 PM STAFF REPORT TO THE v PLANNING COMMISSION • FOR THE CITY OF TIGARD, OREGON TIGARD SECTION I. APPLICATION SUMMARY CASE NAME: INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT CASE NO.: Development Code Amendment (DCA) DCA2012-00003 PROPOSAL: The applicant is requesting an amendment to alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. APPLICANT: Masco Administrative Services 260 Jimmy Ann Drive Daytona Beach, Florida 32114 COMP. PLAN DESIGNATION: Tight Industrial These areas are deemed appropriate for industrial activities which include manufacturing, processing, assembling, packaging, or treatment of products from previously prepared materials and which are devoid of nuisance factors that would adversely affect other properties.The designation includes the I-L and I-P Zones. ZONES: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well integrated, attractively landscaped, and pedestrian-friendly. Among other uses, indoor entertainment is allowed. LOCATION: City—wide on land zoned I-P. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, & 9; Metro Title 4; Comprehensive Plan Policies 2.1.3, 2.1.7, 9.1.2, 9.1.3, & 9.1.7; and Community Development Code Chapters 18.390, & 18.530. INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 10 • SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor of the proposed text amendment, as amended by staff in Section V of the staff report, allowing industrial services as a restricted land use within the I-P Zoning District subject to certain limitations, and with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. SECTION III. PROPOSAL AND BACKGROUND INFORMATION Background: This is an application to amend the Tigard Development Code, Section 18.530, Table 18.530.1, to allow Industrial Services as a restricted use in the IP zone. The restrictions would limit these uses to "Contractors and others who provide services off-site", and would further require that all activities except for vehicle parking would be within a building. This amendment will apply to all property in the City of Tigard that is zoned I-P. The application is presented to address a specific situation where a site that has been leased by the applicant for use by its subsidiary Builders Services Group, which is a contractor as well as wholesaler of construction supplies. The Code amendment is proposed to address this issue as well as several other similar situations within the city. This proposal,with the included limitations, will allow contractors in the I-P zone that are compatible with the office character of such areas. Compatibility will be ensured through a prohibition on outside storage of materials and other activities which are more suited to other industrial areas. This approach will allow contractors as a business,which are similar to existing allowed businesses in the office and wholesale categories that are already allowed in the I-P zone. Proposal: The applicant requests amendment of Table 18.530.1 by revising the Industrial Services line to replace "N'with R- 4,15". Note 4 currently is in place and states "Permitted if all activities, except employee and customer parking, are wholly contained with a building(s)." Note 15 is a new note to read "Limited to contractors and others that perform services off-site". Text changes to the code would appear as set forth below: DCA2012-00003 INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT Explanation of Formatting These text amendments employ the following formatting: St it eugk - Text to be deleted [Bold,.Underline and Itali 1 — Text to be added INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 10 • • TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living RI RI RI Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities C14 C14 P Colleges N N N Community Recreation C10 C10 C10 Cultural Institutions N N N Day Care R3,9 R3,9 R3,9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Custom Arts and Crafts N N N Eating and Drinking Establishments R2 N N Major Event Entertainment N N N Outdoor Entertainment P N N Indoor Entertainment P N N Adult Entertainment N N N Sales-Oriented R2 N N Personal Services R2 N N Repair-Oriented P N N Bulk Sales R4,11 N N Outdoor Sales N P P Animal-Related P P P Motor Vehicle Sales/Rental R4,12,13 P P Motor Vehicle Servicing/Repair C P P Vehicle Fuel Sales P P/C7 P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 10 TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N R4,15 p p Light Industrial P P p General Industrial N P p Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P P=Permitted R=Restricted C=Conditional Use N=Not Permitted 1 A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 2 These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3 In-home day care which meets all state requirements permitted by right 4 Permitted if all activities, except employee and customer parking,are wholly contained with a building(s). 5 When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6 See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 7 Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 8 Explosive storage permitted outright subject to regulations of Uniform Fire Code. 9 Day care uses with over five children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. 10 Limited to outdoor recreation on (1) land classified as floodplain on City flood maps,when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2) land located outside the floodplain as shown on City flood maps,when the recreation use is temporary and does not otherwise preclude allowed uses or conditional uses other than recreation within the district. 11 These limited uses, shall only be allowed in IP zoned property east of SW 72nd Avenue. These uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous lots or parcels,including those separated only by transportation right-of-way. 12 These limited uses, separately or in combination,may not exceed 10,000 square feet/lot. 13 This use limited to boat sales/rental only. 14 Except water and storm and sanitary sewers,which are allowed by right. 13 Limited to contractors and others who perform services off-site, INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 10 • • SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. The proposed text amendment would apply to all I-P zoned lands within the City. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV applications. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations found applicable; 3) Any applicable METRO regulations; 4) Any applicable comprehensive plan policies; and 5)Any applicable provisions of the City's implementing ordinances. Findings and conclusions are provided below for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. 1) The Statewide Planning Goals and Guidelines adopted under ORS Chapter 197 Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal outlines general procedures for citizen involvement in the plan and ordinance adoption and amendment process. The Tigard Development Code includes provisions which have been acknowledged by the Land Conservation and Development Commission (L CDC) as being compliant with this goal, and their enforcement will ensure Goal compliance in the proceedings. Since this is a legislative process that affects all property zoned I-P, the City will publish notices in the newspaper and through normal agency and interested party notification methods, prior to each public hearing. The hearings will provide the opportunity for comments, and the participants will have the right to appeal the decision. These steps will result in compliance with Statewide Goal 1. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. As noted above, LCDC has acknowledged that the City of Tigard Comprehensive Plan and implementing ordinances comply with the Statewide Planning Goals. Since Goal 2 establishes the planning processes and policies, which are not affected by this code amendment, the proposal will not affect their continued compliance. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare, and prosperity of Oregon's citizens. This goal and its policies ensure that local regulations provide opportunities for economic activities and the health of the economy. This proposal explicitly implements the goal through allowing business in the I-P zone that is compatible with other provisions of the Comprehensive Plan and Development Code. Without this code amendment a significant opportunity for business location in Tigard would not be possible. FINDING: The Land Conservation and Development Commission has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The proposed text amendment's consistency with the Comprehensive Plan's Citizen Involvement, Land Use Planning, and Economic Development goals and policies are discussed above. Based on the findings above, staff finds that the proposed code amendment is consistent with applicable Statewide Planning Goals. The remaining Statewide Planning goals do not apply to this INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 10 • application since they relate to other specific areas to be considered in the comprehensive planning process rather than to the procedural and economic considerations which are the focus of this application. 2)Applicable Federal or State Statues Federal statutes are generally broad and not directed to this type of local action, and it is clear that none apply to the case at hand. State statutes that may have applicability to this application are those within the jurisdiction of the Department of Land Conservation and Development. Of those, the Statewide Planning goals are most applicable and are addressed above. The other applicable rules are contained in OAR 660-012, relating to transportation. Within this regulation, only the provisions related to amendments to other plans and codes as provided by section 660-012-0060 apply to this proposal. This section provides that if an amendment to an existing land use regulation would significantly affect a transportation facility, the local jurisdiction must put in place certain measures. "Significantly" is defined as a change in the functional classification of an existing or planned facility, a change in implementing standards, or increase traffic to the extent of creating access or capacity conflicts. In the case of this proposed change, the addition of contractors' offices as a restricted use will not introduce uses which are not anticipated by the transportation system. The IP zone already allows contractors offices as an office use provided that equipment and materials storage does not constitute over 50% of floor area occupancy. A contractor office that would be allowed as a result of this proposal would have less than 50% of floor area in office use and therefore would have a lower traffic demand than those already allowed. Staff recommends modification of the request to not include Note 15,which would limit the Industrial Service type uses to contractors and others who perform work on site. The effect would be to allow all types of uses that repair and service machinery, equipment, products or by-products in a centralized manner for separate retail outlets. A comparison of PM Peak trip generation rates suggests that allowing the full range of land uses classified as Industrial Services within the I-P zone will not result in increased trip generation. At present both Office and Research and Development are allowed land use classifications within the I-P zone, generating 1.49 and 1.07 trips per 1,000 square feet respectively (Trip Generation: An ITE Information Report, 8th Edition). These are rates equal to or greater than the most similar ITE trip generation Category to Industrial Services (Code 110: General Light Industrial) which averages 1.08 trips per 1,000 square feet during the pm peak hour (Trip Generation: An ITE Information Report, 8th Edition). As such, allowing the full range of Industrial Service land uses within the I-P zone would result in similar or lower levels of traffic to two existing land uses in the I-P Zoning District. FINDING: As stated above, federal statues do not apply and the proposed amendment is consistent with applicable state statues. 3) Metro Urban Growth Management Functional Plan. Metro's Urban Growth Management Functional Plan establishes the methods for local implementation of the Regional Urban Growth Goals and Objectives. The Functional Plan includes fourteen Titles which address various aspects of regional and local planning. Of these, only Tide 4, relating to Industrial and Other Employment Areas applies to this application. Title 4 establishes Regionally Significant Industrial Areas, Employment Areas and Industrial Areas. Within the City of Tigard none of the existing IP zoned area is within a Regionally Significant Industrial Area,but some IP zoned land is classified as Employment and Industrial. Sections 3.07.430 and 3.07.440 respectively address the protection of these areas for industrial uses. In each case the intent of the protection provisions are to avoid establishment of retail uses which would compromise the amount and/or quality of the industrial INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 10 • opportunities. Since this application would allow only contractors offices in the IP zone, this change will not conflict with the Title 4 provisions and may actually better meet the intent of Title 4. Metro staff reviewed the application and confirmed that the proposed changes are in compliance with Metro Title IV requirements. This was confirmed in an email from Metro Staff member Gerry Uba to City of Tigard staff on February 21, 2013. FINDING: As stated above, the proposed amendments are in compliance with the applicable portions of the Metro Urban Growth Management Functional Plan. 4) Applicable Comprehensive Plan Policies Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390, as documented in the project file. This includes mailing notice of the required public hearings to the interested parties list and affected agencies, and publication of the notice in the Tigard Times newspaper at least 10 days prior to the hearing. Two public hearings will be held (one before the Planning Commission and the second before the City Council) at which opportunity for public input is provided. This goal is met. Comprehensive Plan Goal 2: Land Use Planning Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The first section of this chapter of the Comprehensive Plan addresses the establishment of the planning process and maintenance of the implementing documents, as required by Statewide Goal 2. The majority of the policies and action steps relate to City initiated procedures rather than to individual applications. Several policies do address the review of applications to amend the Comprehensive Plan Map and Zoning Map, but these are not applicable to the proposed Development Code amendment. Therefore, the provisions of this section of the Comprehensive Plan apply only in a very general sense, and implementation of the process provided by the Development Code will ensure compliance. This policy is met. Comprehensive Plan Goal 9: Economic Development Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy. Policy 2: The City shall actively encourage businesses that provide family-wage jobs to start up, expand, or locate in Tigard. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. Policy 7: The City shall limit the development of retail and service land uses in Metro-designated industrial areas to preserve the potential of these lands for industrial jobs. Goal 9.1; Policy 2 is a statement of intent to encourage family wage job creation and maintenance. The proposed IP zone amendment will implement this policy through providing additional opportunities for employment related to construction which otherwise would be restricted. INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 7 OF 10 Goal 9.1; Policy 3 indicates an intent to maintain flexibility in regulations which promote economic development. Approval of this IP zone amendment would acknowledge and implement this policy by making a change which will increase employment opportunities. Goal 9.1; Policy 7 states an intent to promote actions which result in better utilization of industrial areas. This policy is implemented by adding an additional restricted use in the IP zone, which clearly is needed and opportunistic in addressing currently available opportunities. Modification of the proposal to remove Note 15, as discussed in Section V below, would strengthen compliance with Policies 2 and 3 above, by encouraging a greater range of businesses in the I-P zone and proving greater flexibility and adaptability in order to promote economic development opportunities within the I-P zone,and removing potential inefficiencies in the utilization of industrial lands within Tigard. FINDING: As shown in the analysis above, staff finds that the proposed code amendment is consistent with the applicable goals and policies in Tigard's Comprehensive Plan. 5)Applicable Provisions of the City's Implementing Ordinances Chapter 18.530—Industrial Zoning Districts 18.130.070 Industrial Use Categories C. Industrial Services. 1. Characteristics: Industrial Services are uses that repair and service industrial, business, or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Includes contractors, building maintenance services and similar uses that perform services off-site. Few customers, especially the general public,come to the site. 2. Accessory Uses: Accessory uses may include offices, parking, storage, loading docks, and railroad lead and spur lines to allow the loading and unloading of rail cars. 3. Examples: Examples include welding shops; machine shops; repair shops for tools, scientific/professional instruments, and motors; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops;building, heating, plumbing or electrical contractors; printing,publishing and lithography; exterminators; janitorial and building maintenance contractors; fuel oil distributions; solid fuel yards;laundry, dry-cleaning and carpet cleaning plants;and photo-finishing laboratories. 4. Exceptions: a. Contractors and others who perform services off-site are included in the Office category if equipment and materials storage does not constitute 50% or more of occupied space and fabrication or similar work is not carried out at the site. Subsection 18.130.070 (C) defines Industrial Services and indicates that contractors are included in this category. Subparagraph 4(a) indicates that contractors are classified as "office" if storage is less than 50% of the occupied floor area and there is not on-site fabrication. The proposed code amendment does not propose to change the definition of this Industrial Use Classification, just expand its use within the I-P zone by removing the limitation on equipment and materials storage. 18.530.010 Purpose A. Provide range of industrial services for City residents. One of the major purposes of the regulations governing development in industrial zoning districts is to ensure that a full range of job opportunities are available throughout the City so that residents can work close to home if they INDUSTRIAL SERVICES IN TILE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 8 OF 10 • choose. The location of land within each industrial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of industrial activity on established residential areas. B. Facilitate economic goals. Another purpose of these regulations is to ensure that there is a full range of economic activities and job opportunities within the City limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. Subsection A states that one purpose is to "Provide a range of industrial services for city residents". Allowing contractors offices and similar industrial services type land uses will achieve this purpose through increasing opportunities for employment in these areas. Subsection B indicates that an additional purpose of the industrial zones is to facilitate economic goals,which as described above is also achieved by this proposed revision. 18.530.020 List of Zoning Districts A. I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. The proposed code amendment would allow industrial land uses, as defined in TDC 18.130.070.0 and discussed above, subject to a restriction that all activities be contained entirely within the building save for customer and employee parking. This restriction will result in consistency with the purpose statement for the I-P zoning district in that it will maintain the campus-like setting and will prevent off-site impacts. FINDING: As shown in the analysis above, staff finds that the proposed text amendment is consistent with the applicable provisions of the City's implementing ordinances. SECTION V. STAFF CONCLUSION & RECOMMENDED MODIFICATIONS As proposed, the application will narrowly expand the permitted uses in the IP zone in order to address a recurring issue in the ability for contractors offices to locate in such areas. The public facility impact of this change is insignificant because facilities in which office floor area is over 50% of the total occupied are already allowed. Similarly, the functional and aesthetic qualities of the IP zone are maintained since the use will be restricted to prevent outside storage of materials. By imposing restriction No. 4 which requires all activities, except employee and customer parking, to be wholly contained within a building(s), any potential for aesthetic or other off-site impacts will be prevented. The preceding narrative shows that all criteria for approval for this application have been met. That said, staff recommends that the requested amendment be modified to eliminate the proposed Note 15 which limits Industrial Services to "contractors and others that perform services off-site." Staff finds this restriction unnecessary to ensure consistency with the intent of the I-P Zoning District, whose intent is to preserve a campus like feel and prevent off-site impacts. Moreover, as demonstrated in the findings above, Note 15 would prevent the efficient utilization of industrial lands. INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO TI IE PLANNING COMMISSION PAGE 9 OF 10 • • SECTION VI. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS Metro reviewed the application and in an email dated February 21, 2013, found it consistent with Tide IV of the Metro Urban Growth Management Functional Plan. DLCD, Tualatin Valley Fire & Rescue, Clean Water Services, City of Beaverton, City of Durham, City of King City, City of Lake Oswego, City of Portland, City of Tualatin, Metro, and ODOT were notified of the proposed code text amendment but provided no comment. March 11, 2013 PREP BY: John Floyd DATE Associate Planner March 11. 2013 APPRO D BY:B Tom McGuire DATE Assistant Community Development Director INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT DCA2012-00003 3/18/2013 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 10 OF 10 REQUEST FOR COMMENTS III CITY OF TIGARD REQUEST FOR OIENTS �J NOTIFICATION LIST FOR LAND USE 8 COMMUNITY DEVELOP NT APPLICATIONS FILE NOS.: CA- ' 0 FILE NAME: 4SCO CITY OFFICES _C.D.ADMINISTRATION/ ,CD Director _DEVELOPMENT SERVICES/ /Arborist PUBLIC WORKS/Mike Stone,City Engineer _C.D.ADMINISTRATION/ ,Asst.CD Director BUILDING DIVISION/Mark VanDomelen,Building Official _HEARINGS OFFICER(+2 sets) _CITY ADMINISTRATION/Cathy Wheatley,City Recorder _POLICE DEPARTMENT/Jim Wolf,Crime Prevention Officer _PLANNING COMMISSION(+12 sets) _DEVELOPMENT SERVICES/Planning-Engineering Techs. PUBLIC WORKS/Brian Rager,Assistant PW Director _FILE/REFERENCE(+2 sets) _DEVELOPMENT SERVICES/ Development Eng. _PUBLIC WORKS/Steve Martin,Parks Manager SPECIAL DISTRICTS _ TUAL.HILLS PARK&REC.DIST.* UALATIN VALLEY FIRE&RESCUE* XTUALATIN VALLEY WATER DISTRICT*'CLEAN WATER SERVICES* Planning Manager orth Division Administrative Office Development Services Department 15707 SW Walker Road John Wolff,Deputy Fire Marshall 1850 SW 170th Avenue David Schweitzer/SWM Program Beaverton,OR 97006 11945 SW 70th Ave Beaverton,OR 97006 2550 SW Hillsboro Highway Tigard OR 97223-9196 Hillsboro,OR 97123 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON * 'CITY OF TUALATIN * _OR. DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS Planning Manager Planning Manager Elizabeth Ruther, Habitat Biologist Melinda Wood(WLUN Form Required) g Steven Sparks,Dee.Svcs.Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279 Beaverton,OR 97076 Portland,OR 97231 _ OR. PUB.UTILITIES COMM. METRO-LAND USE&PLANNING • _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE XCITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 17160 SW Upper Boones Fry.Rd. oanna Mensher,Data Resource Center(ZCA-Adapted) US ARMY CORPS.OF ENG. Durham,OR 97224 Paulette Copperstone,(ZCA-RFC Only) OR.DEPT.OF LAND CONSERV.&DVLP. Kathryn Harris(Maps&cws Letter Only) • 0.Gerald Uba,Ph.D.,(CPNDCNZON) Mara Ulloa(Comp.Plan Amendments S Measure 37) Routing CENWP-OP-G CITY OF KING CITY* 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY* _ OR.DEPT.OF ENERGY(Powerlines inArea) _OR. DEPT OF AVIATION(Monopole Towerst Dept. of Land Use&Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue CITY OF LAKE OSWEGO* Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 _Naomi Vogel-Beattie(General Apt Lake Oswego,OR 97034 _Brent Curtis(CPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) DOT,REGION 1 {IF _Assessment 8 Taxation(ZCA)MS 9 _CITY OF PORTLAND (Notify for Wetlands end Potential Environmental Impacts) evelopment Review Coordinator _Dorie Mateja,Cartography(ZCA)MS 14 Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section(vacation.) 1900 SW 4th Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 _OR. PARKS&REC. DEPT. _WA.CO.CONSOL.COMM.AGNCY _ODOT,REGION 1 -DISTRICT 2A* _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin(wcccA)"91resensewerowers) Chad Gordon,Assistant District Manager (Notify if ODOT RJR-Hwy.Crossing is Only Access to Lend) PRESERVATION OFFICE PO Box 6375 6000 SW Raab Road Dave Lanning,Sr Crossing Safety Specialist (Notify if Property Has HD Overlay) Beaverton,OR 97007-0375 Portland,OR 97221 555-13th Street,NE,Suite 3 725 Sumner St.NE,Suite C Salem,OR 97301-4179 Salem,OR 97301 UTILITY PROVIDERS AND SPECIAL AGENCIES _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE RJR,OREGON ELECTRIC RJR(Burlington Northern/Santa Fe R/R Predecessor) Bruce Carswell,President&General Manager 200 Hawthorne Avenue SE,Suite C320 Salem,OR 97301-5294 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations Only) Gerald Backhaus(a..Map For Area coed) of Project.Within,.Mile ofe Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY _VERIZON _CENTURYLINK Mike Hieb Svc.Design Consultant Scott Palmer,Engineering Coord. John Cousineau,OSP Network Lynn Smith 9480 SW Boeckman Road 220 NW Second Avenue 4155 SW Cedar Hills Blvd. Right-of-Way Manager,OR&SW Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97005 8021 SW Capitol Hill Road Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _COMCAST CABLE COMMUNIC. Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev(.se Map fa Are.Coa60 Brian Every(App.a.cramrNors9e) 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue, Bldg.12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97006 Tigard,OR 97223-4203 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN S00'OF THE SUBJECT PROPERTY FOR ANY/AU CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). I:ICURPLN\Masters\Request For Comments Notification List.doc (UPDATED:Jul 11,2012) (If you update this roster,also update:I:ICURPLNIMasters\Request For Comments Notification Labels.doc)(This document is password protected.Please see Chris or Doreen if you need updates. Thank you.) Dena along une to W AVERY®5961TM • expose Pop-eigeTM j TUALATIN VALLEY FIRE& RESCUE(TVF&R)NORTH DIV TUALATIN VALLEY WATER DISTRICT(TVWD) JOHN WOLFF, DEP FIRE MARSHALL ADMINISTRATIVE OFFICE 11945 SW 70`h AVENUE 1850 SW 170TH AVENUE TIGARD OR 97223-9196 BEAVERTON OR 97006 CLEAN WATER SERVICES (CWS) DEV SVC DEPT CITY OF BEAVERTON DAVID SCHWEITZER/SWM PROGRAM PLANNING MANAGER 2550 SW HILLSBORO HWY POB 4755 HILLSBORO OR 97123 BEAVERTON OR 97076 CITY OF DURHAM CITY OF KING CITY CITY MANAGER CITY MANAGER 17160 SW UPPER BOONES FERRY RD 15300 SW 116TH AVE DURHAM OR 97224 KING CITY OR 97224 CITY OF LAKE OSWEGO CITY OF PORTLAND PLANNING DIRECTOR PLANNING BUREAU DIRECTOR POB 369 1900 SW 4TH AVE, SUITE 4100 LAKE OSWEGO OR 97034 PORTLAND OR 97201 CITY OF TUALATIN O. GERALD UBA, PhD PLANNING MANAGER METRO- LAND USE & PLANNING 18880 SW MARTINAZZI AVE 600 NE GRAND AVE TUALATIN OR 97062 PORTLAND OR 97232-2736 OR DEPT OF TRANS(ODOT)REGION 1 DEV REVIEW COORD CARL TORLAND RIGHT OF WAY SECTION 123 NW FLANDERS PORTLAND OR 97209-4037 Etiquettes faciles a peler • I Repliez a la hachure afin de www.avery.com Utilisez le gabarit AVERY®5161® Sens de chargement j reveler le rebord Pop-upTM 1-800-GO-AVERY 1 • ALEXANDER CRAGHEAD k JULIE RUSSELL, CPO 4B CHAIR 12205 SW HALL BOULEVARD 12662 SW TERRAVIEW DRIVE TIGARD OR 97223-6210 TIGARD OR 97224 GENE MILDREN ' BRAD SPRING MILDREN DESIGN GROUP 7555 SW SPRUCE STREET 7650 SW BEVELAND ST, STE 120 TIGARD OR 97223 TIGARD OR 97223 NATHAN AND ANN MURDOCK CHARLIE AND LARIE STALZER r 7415 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD OR 97223 TIGARD OR 97224 PATTY NEWTH ROSS SUNDBERG 12180 SW MERESTONE COURT 16382 SW 104TH AVE TIGARD OR 97223 TIGARD OR 97224 TODD HARDING& BLAKE HERING JR.V NORRIS BEGGS&SIMPSON 121 SW MORRISON,SUITE 200 PORTLAND OR 97204 SHANNEN WILLIAMS RAPPOLD V MARKETING/BUSINESS DEV MGR DAVID WALSH PERLO CONSTRUCTION 10236 SW STUART COURT 7190 SW SANDBURG ST TIGARD OR 97223 PORTLAND OR 97223 SUE RORMAN ` BRIAN WEGENER >< 11250 SW 82ND AVE 9830 SW KIMBERLY DRIVE TIGARD OR 97223 TIGARD OR 97224 LISA HAMILTON, CPO 4B VICE CHAIR 13565 SW BEEF BEND ROAD Person(s) listed below want to be notified about TIGARD OR 97224 WEST side development ONLY. No persons currently want to be notified about SOUTH HOLLY SHUMWAY,CPO 4B X or CENTRAL development ONLY: 14535 SW WOODHUE ST TIGARD OR 97224 CURPLN/SetUp/Labels/CIT Citywide Last Update:08 21 2012 • • The following labels list interested persons who requested notice DON & DOROTHY ERDT re:ANY development ANYWHERE in Tigard. See Memo for File re: 13760 SW 121sT AVENUE Interested Parties Update,August 2012. TIGARD OR 97223 BARRY ALBERTSON ` VANESSA FOSTER Y 15445 SW 150TH AVE 13085 SW HOWARD DR TIGARD OR 97224 TIGARD OR 97223 SUSAN BEILKE ' MONA KNAPP 11755 SW 114TH PLACE 9600 SW FREWING STREET TIGARD OR 97223 TIGARD, OR 97223 ELLEN BEILSTEIN.. BEVERLY FROUDE" 14630 SW 139TH AVE 12200 SW BULL MOUNTAIN ROAD TIGARD OR 97224 TIGARD OR 97224 HEIDI BRENNEMAN'7- NAOMI GALLUCCI 11680 SW TIGARD DRIVE 11285 SW 78TH AVENUE TIGARD OR 97223 TIGARD OR 97223 GRETCHEN BUEHNER CPO 4B MAILING ADDRESS 13249 SW 136TH PLACE 16200 SW PACIFIC HWY, STE H, BOX 242 TIGARD OR 97224 TIGARD OR 97224 REX CAFFALL ' KEVIN HOGAN 13205 SW VILLAGE GLENN 143357 SW 133R0 AVENUE TIGARD OR 97223 TIGARD OR 97224 LORA GARLAND, CITY RECORDS .1, HAROLD AND RUTH HOWLAND', CITY OF TIGARD 13145 SW BENISH 13125 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 NOTE: *Don't mail the City of Tigard label PATRICIA KEERINS '> if there is already a label for City of Tigard 12195 SW 121sT AVE printed from the GIS labels list. TIGARD OR 97223 CURPLN/SetUp/Labels/CIT Citywide Last Update:08 21 2012 • Persons listed below want to be notified about EAST side development ONLY: Jim Long, Chair, CPO 4M 4 10730 SW 72nd Ave Portland, OR 97223 DAYLE D.& EVELYN O. BEACH 11530 SW 72ND AVENUE TIGARD OR 97223 CURPLN/SetUp/labels/CIT Citywide Last Update:08 21 2012 a John Floyd From: Paulette Copperstone <Paulette.Copperstone@oregonmetro.gov> Sent: Thursday, February 21, 2013 10:37 AM To: John Floyd Subject: FW: Tigard Development Code Amendment Importance: High John, here is Gerry's response! Have a great day, Paulette From: Gerry Uba Sent: Thursday, February 21, 2013 10:32 AM To: Paulette Copperstone Subject: RE: Tigard Development Code Amendment Importance: High Hello Paulette, I have reviewed Tigard's proposed development code amendment to their Industrial Zoning District chapter and found the amendment to be in compliance with Metro Title 4 requirements. Metro will therefore not participate in the public hearing. Go ahead and pass this information John Floyd. Thanks for getting me the full text of their notice. Gerry From:Paulette Copperstone Sent: Thursday, February 21, 2013 9:31 AM To: Gerry Uba Subject: FW: Tigard Development Code Amendment Importance: High FYI From: John Floyd [mailto:Johnfl@tigard-or.gov] Sent: Thursday, February 21, 2013 9:28 AM To: Paulette Copperstone Subject: RE: Tigard Development Code Amendment Hi Paulette, Just wanted to follow up on our conversation about local code changes here at Tigard. I'll be gone the first week of March and we'll have to publish our staff report the day I get back. If you have any major concerns about the proposed change to our Industrial Land Uses chapter, I'd love to talk about them by next Thursday if possible. If that's not possibly given your timelines I understand,just wanted to let you know. Also, we're contemplating a very narrow amendment to our wetlands protections. Is there a good person at Metro to talk about this? Right now our sensitive lands code requires absolute avoidance of an inventoried wetland, or a comp plan amendment to completely remove the wetland from our inventory. We don't have any sort of in between 1 approach that would use an avoid, minimize, mitigate approach for things like sm ublic projects that might occur at the boundaries of wetlands, like putting in a sidewalk next to an existing road that bisects a wetland area. Rather than completely remove wetlands from our inventory,we'd like a code option that would allow small projects around the edges so long as minimization, enhancement and mitigation happen. Thanks a ton, John From:Paulette Copperstone [mailto:Paulette.C000erstoneCa>oregonmetro.gov] Sent: Tuesday, February 19, 2013 10:23 AM To: John Floyd Subject: RE: Tigard Development Code Amendment John, thank you very much! From: John Floyd [mailto:Johnfl©tigard-or.gov] Sent: Tuesday, February 19, 2013 10:04 AM To: Paulette Copperstone Subject: Tigard Development Code Amendment Hi Paulette, I'm attaching two documents for you guys. The first is a word file with the proposed changes to table 18.530.1 of our development code. The second is a pdf of the application materials, including the narrative request. Definitions for use classifications can be found here, and the full text of our Industrial Zoning District chapter can be found here. In short, the goal is to allow contractors and other types of industrial service businesses the option to locate within our Industrial Park Zoning District, so long as they don't have any outside storage or operations. For whatever reason the City made them a prohibited land use within the Industrial Park Zone back in 1998. If you need more, please don't hesitate to call again! John John Floyd City of Tgard Associate Planner I Community Development .." (503)713-2429 johni9 tgard-ar.gou 131.25 SW Hall Blvd. Tigard,OR 97223 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." 2 MAILING / NOTIFICATION RECORDS 40, Oregon r Department of Land Conservati and Development „ e 150 onGapi<ol Salem.OR 97301-2540 Thvdke P.KubrrFv=ka G;xuox �v,..'.;'.� (503)373-0050 w`�� Fax(503)378-5518 1 i www.lcd.state or us NOTICE OF ADOPTED AMENDMENT 06/11/2013 TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Amendments FROM: Plan Amendment Program Specialist SUBJECT: City of Tigard Plan Amendment DLCD File Number 001-13 The Department of Land Conservation and Development(DLCD)received the attached notice of adoption. A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures* DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Monday,June 24,2013 This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals(LUBA). If you wish to appeal,you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA)no later than 21 days from the date the decision was mailed to you by the local government. If you have questions,check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA,(OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265,if you have questions about appeal procedures. *NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local government.A decision may have been mailed to you on a different date than it was mailed to DLCD.As a result,your appeal deadline may be earlier than the above date specified.NO LUBA Notification to the jurisdiction of an appeal by the deadline,this Plan Amendment is acknowledged. Cc: John Floyd,City of Tigard Gordon Howard, DLCD Urban Planning Specialist Anne Debbaut,DLCD Regional Representative <paa> YA [907LT] •5T) ET-TOO 'oN alld ama �❑ per. n clef:mune 0 mailed _ 2 DLCD DEPT OF giIIIMIN• ea • Notice of Adoption LAND OANDEVEL FIVAII T 1 his Form 2 must be mailed to DLCD within 20-Working Da's after the F'Inal Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660.018-000 "''ti"`' "'` Jurisdiction: City of Tigard Local file number: DCA2012-00003 Date of Adoption: 5/28/2013 Date Mailed: 6/3/2013 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ❑ Yes ❑ No Date: 2/11/13 0 Comprehensive Plan Text Amendment El Comprehensive Plan Map Amendment ® Land Use Regulation Amendment ❑ Zoning Map Amendment ❑ New Land Use Regulation E Other Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached'. Text amendment to the 1 igard Development Cock to allow industrial services as a restricted use in the 1-P: Industrial Park Zone. Does the Adoption differ from proposal? Yes, Please explain below: The original proposal would have only allowed "contractors and others who perform services off-site" within the I-P zone. As adopted all businesses falling within the "Industrial Services" use classification would be allowed within the 1-P: Industrial Park Zone. Plan Map Changed from: n/a to: rn/a Zone Map Changed from: n/a to: n/a Location: citywide Acres Involved. Specify Density Previous n/a New: n/a Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 IR 19 VVas an Exception Adopted? ❑ YES S NO Did DLCD receive a Notice of Proposed Amendment .. 35-days prior to first evidentiary hearing? CO Yes ❑ No If no, do the statewide planning goals apply? ❑ Yes ❑ No If no. did Emergency Circumstances require immediate adoptions 0 Yes ❑ No • • DLCD file No. Please list all affected State or Federal Agencies, Local Governments or Special Districts: Oregon Department of Transportation. Washington County, Clean Water Services. and Tualatin Valley Fire& Rescue. Local Contact. John Floyd Phone (5413) 718-2429 Extension: Address 13125 SW Hall Blvd Fax Number. - - Ctty Tigard Zip: E-mail Address juhnflu tigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 20 working days after the ordinance has been signed In the public official designated by the jurisdiction to sign the unproved ordinance(st per ORS 197.615 and OAR Chapter 660. Division 18 I. This Form 2 must be submitted by local jurisdictions only(not by applicant). 2. When submitting the adopted amendment,please print a completed copy of Form 2 on light green paper if usailahle. 3. Send this Form 2 and one complete paper copy(documents and maps)or the adopted amendment to the address below. 4. Submittal of this Notice of Adoption must include the final signed ordinance(s),all supporting finding(s), exhibit(s) and any other supplementary information (ORS 197.615 ). 5. Deadline to appeals to LUBA is calculated twenty-one(21)days from the receipt(postmark date)by DLCD of the adoption (ORS 197.830 to 197.845 ). 6. In addition to sending the Form 2 -Notice of Adoption to DLCD, please also remember to notify persons who participated in the local hearing and requested notice of the final decision.(ORS 197.615 ). 7. Submit one compieie paper copy via United States Postal Service,Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. 8. Please mail the adopted amendment packet to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE,SUITE 150 SALEM,OREGON 97301-2540 9. Need More Copies? Please print forms on 8%-I/2x1 I green paper only if available. If you have any questions or would like assistance, please contact your DLCD regional representative or contact the DI_CD Salem Office at(503)373-0050 x238 or e-mail plan.amendmentarastate,or.us. http:I/www.oregon,Xov/LCD/torms.Shtml Updated December 6,2012 • • Ci7Y OF'i lC:.\RD.()REGON TICi.1RD CITY COUNCIL ORDiNANCE NO. 13-I 0 AN ORDINANCE AMENDING TABLE I(35311.1 OF TILE TIGARD COMhMl'NI•tY DEVELOPMENT CODE 10 CHANGE INDUSIRIAI. .I:HVI(:I S FROM A PROIIIHITED LAND USE TO A R1 SIRIC Er LAND USE V111[IN Ti 11. 1.1'. INDUSTRIAL PARK lCTNIN(; DISTRIC I• (IN A ti2- Ikkki3). WHEREAS, the city received application for the proposed code amendment to amend the text of the Industrial Zoning Districts Chapter (18.530) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District,and WHEREAS. the purpose of Chapter 1R530 is to provide a range of industrial services for City residents: and facilitate economic goals, while ensuring the location and design of industrial land useit minimize potential adverse impacts on established residential areas,and WHEREAS, notice was provided to the Department of Land t insen-atxn and Development at least 35 days prior to the first evidentiary public hearing;and WHEREAS, notice to the public was provided to conformance with the 1gard Cornmunin` Development Code Chapter 18_39(I WitlD; and WHERI?1S. the Tigard Planning Commission held a public hearing on March 18, 2013 and recommended with a unanimous vote that Council approve the proposed code amendment, as amended by staff and Plannmg Commission;and WHEREAS,the Tigard City Council held a public hranng cm May 28,2(113,to consider the prop."sod amendment;and WHEREAS, the Tigard City Council has considered the recommendation of the Platuung Commission,and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro rclnilatioms; any applicable Comprehensny Plan Policies; and any applicable provisions of the Sity's implementing ordinances;and V(T1l RE.AS,the Tigard City Council has deicnnwned that the prop Ned development code amendment is consistent with the applicable review crncna, and unanimousb approves the request as being in the best interest oldie City of Tigard. ORDINANCE No. 13- ' D Pagel • • NOW, IERI•:1'ORI '!'NI?Cri r(/F 1'I(i.1RD ORI.\1NS .1S FOLLOWS: M.:C.170N 1: '1hc specific test amendment attached as "EXHIBIT A" to this Ordinance i. hereby approved and adopted by the Cirr Council. SI'.(:17()N 2: The findings in the Mardi I I, 2013 Staff Report to the Planning Commission and the Minutes of the March I . 2013 Planning Commission hearing are hereby adopted in explanation of the Counci1's decision. S1'.(711()N 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor,and pi snng by the City Recorder. P-1S,SI 1): Ii� 1J�1'larrirf101(. rote of all Council members present after being read by number and ride only, thtsQ&May of `-/Y)Q y�, , 2013. Catherine Wheatley,City Recorder 6 .\I'PR( \'la): ByJi and (:ity Council this n of �1�Q,,t_- ,2o13. John Jr. Cook,Mayor .\ roved as to form: „irr .\tit wney ac aQ)3 Date ORDIN.\\(:I. No. 13- J n • Page.2 • • EXHIBIT A DCA2012-00003: Masco Development Code Amendments Proposed Text Changes Planning Commission Recommendation of March 18,2013 Explanatory Note: Proposed 'text changes are identified in rail unit, with removed language identified through the use of —ipil•rei-fpr.-4'Ji -hrw., and added language identified by 1,ViiijkIt wick iiiutne. TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P 1-L I-H RESIDENTIAL Household Living R' R' R Group Living N N N Transitional Housing N N N Home Occupation N N N ('IV IC(INSTITUTIONAL) Basic Utilities C to Ctl P Colleges N N N Community Recreation C10 C't' C1! Cultural Institutions N N N Day Care R'" R' ° R'° Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities I' I' P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Custom Arts and Crafts N N N Eating and Drinking Establishments R' N N Major Event Entertainment N N N Outdoor Entertainment P N N Indoor Entertainment P N N Adult Entertainment N N N Sales-Oriented R' N N Personal Services R' N N Repair-Oriented P N N Bulk Sales R' N N Outdoor Sales N p p Animal-Related P p p Motor Vehicle Sales/Rental R' ' " P P Motor Vehicle Servicing/Repair C P I' Vehicle Fuel Sales I' P C P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P TARI.E 18.530.1 (COVE) LSE CATEGORY 1-P 1-L 1-II INDUSTRIAL. Industrial Services # P P Light Industrial P P P General Industrial N P P Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warchouse.'Freight Movement N P P Waste-Related N N P Wholesale Sales OTHER Agriculture'llorticulturc P P` P' Cemeteries N C' N Detention Facilities C' N (' Heliports C C U Mining N N P Wireless Communication Facilities P R'' P I' Rail l.ines'Utility Corridors P P P Other NA NA P" P=Pernitted R-Restricted C=Conditional Use N=Not Permitted A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel ownepoperator and family. • These limited uses, separately or in combination. may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60.000 square feet of gross leasable area per building or business. In-home day care which meets all state requirements permitted by right. ▪ Permitted if all activities. except employee and customer parking, are wholly contained with a building(s). • When an agricultural use is adjacent to a residential use, nu poultry or livestock. other than normal household pets,may he housed or provided use of a fenced run within 1(R) feet of any nearby residence except a dwelling on the same lot. See Chapter IIt.798, Wireless Communication Facilities. Iitr definition of permitted and restricted facilities in the 1-P zone Vehicle fuel sales permitted outright unless in combination with convenience sales. in which case it is permitted conditionally. Explosive storage permitted outright subject to regulations of Uniform Fire('ode. 71t urn.'WOW: \F.isrf).'o•h nentcwG tav,xf','n! Prtrtw.ed l:v t i„plph pa.* r.1 i ° Day care uses with over ftvc children ate permitted subject to an Environmental Impact Assessment in accordance with Section 1R.530,050.C.I. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. 1'' Limited to outdoor tutiiwtion on II) land classified as floodplain on City flood maps. when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland: and (2) land located outside the floodplain as shown on City flood maps. when the recreation use is temporary and does not otherwise preclude allowed uses or conditional uses other than recreation within the district. " These limited uses, shall only be allowed in IP toned property east of SW 72"t Avenue. These uses. separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single building.or commercial retail uses with a total of more than 60.000 square fret of retail sales arca on a single lot or parcel.or on contiguous lots or parcels. including those separated only by transportation right-of--way. t' These limited uses.separately or in combination,may not exceed 10.000 square feet lot. This use limited to boat salestrental only. Except water and storm and sanitary sewers.which are allowed by right. f Dr. t_Y)f_410(M11;1 Lt).W 1)rvrlilwV.of r:.,dr fwredowat Prop.rrTI.'i r Amigo 1',yr J of 3 Agenda Item: 5 Hearing Date: March 18.2013 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON 1111 T I GA R D SECTION I. APPLICATION SUMMARY CASE NAME: INDUSTRIAL SERVICES IN THE 1-P ZONING DISTRICT CASE NO.: Development Code Amendment (DCA) DCA2012-00003 PROPOSAL: The applicant is requesting an amendment to alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the 1-P:Industrial Park Zoning District. APPLICANT: Masco Administrative Services 260 Jimmy Ann Drive Daytona Beach,Florida 32114 COMP. PLAN DESIGNATION: light Industrial.These areas are deemed appropriate for industrial activities which include manufacturing, processing, assembling, packaging, or treatment of products from previously prepared materials and which are devoid of nuisance factors that would adversely affect other properties.The designation includes the I-L and I-P Zones. ZONES: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers,in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone, In addition to mandatory site development review, design and development standards in the 1-P zone have been adopted to insure that developments will be well integrated, attractively landscaped, and pedestrian-friendly. Among other uses, indoor entertainment is allowed. LOCATION: City—wide on land zoned 1-P. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, & 9; Metro Title 4; Comprehensive Plan Policies 2.1.3, 2.1.7, 9.1.2. 9.1.3, & 9.1.7; and Community Development Code Chapters 18.390, & 18.530. INDCSTRI.1LSl•:I2\ Ila:s IN l'III.: I-P LO\ING 1)IsiRII:1 f)I'.vI;LOP\II•:Nr(;ol)I•:.\>1END\II•:N'I• I)l:.\2U12-lxxx)3 3/I8/2u13 Pt'Ri.lt'III•:.\IiI VG,S I'.\I P ItI.I'OKI'Tt)'I'I I I( PI..\?\KIv(1(:n lMISSION P.\(:I•: I l ll• II) • • • SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission find in favor of the proposed text amendment,as amended by staff in Section V of the staff report, allowing industrial services as a restricted land use within the 1-P Zoning District subject to certain limitations,and with any alterations as determined through the public hearing process, and make a final recommendation to the Tigard City Council. SECTION III. PROPOSAL AND BACKGROUND INFORMATION Background: This is an application to amend the Tigard Development Code, Section 18.530, Table 18.530.1, to allow Industrial Services as a restricted use in the IP zone.The restrictions would limit these uses to "Contractors and others who provide services off-site", and would further require that all activities except for vehicle parking would be within a building.This amendment will apply to all property in the Cit\-of Tigard that is zoned I-P. The application is presented to address a specific situation where a site that has been leased by the applicant for use by its subsidiary Builders Services Group, which is a contractor as well as wholesaler of construction supplies. The Code amendment is proposed to address this issue as well as several other similar situations within the city. This proposal,with the included limitations,will allow contractors in the I-P zone that arc compatible with the office character of such areas. Compatibility will be ensured through a prohibition on outside storage of materials and other activities which are more suited to other industrial areas. This approach will allow contractors as a business,which are similar to existing allowed businesses in the office and wholesale ca tegorics that are already allowed in the 1-P zone. Proposal: The applicant requests amendment of Table 18.530.1 by revising the Industrial Services line to replace '7\''with "R- 4,15". Note 4 currently is in place and states "Permitted if all activities, except employee and customer parking, arc wholly contained with a building(s)." Note 15 is a new note to read "Limited to contractors and others that perform services off-site". Text changes to the code would appear as set forth below: DCA2012-00003 INDUSTRIAL SERVICES IN THE I-P ZONING DISTRICT DEVELOPMENT CODE AMENDMENT Explanation of Formatting These text amendments employ the following formatting: lk - Text to be deleted 1Bold Uiulerline Anti.HaIi, — Text to be added IXI)1•til'RI.\LSI-:R\'I(:i si\'I'III•:I-1'7,O\I\(: L)IsiI(ICI'DI yI.IA)1'\II?N'1.1:uI)L \NII:NINII(\'1' DC.\21112-tium3 3/18/21113 Pl�RLI(:I I Iti.\RI\(�,STAFF Itl?I'OK'I I O'1'I II'.PLANNING IA)\h\IISSI(IN PAGE 21)1: lu • TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-ET RFSIDEN'1'IAL I lousehold Living RI R' R' Group Living N N N Transitional Housing N N N l lome Occupation N N N civic(INS'l'ITLITIONAL) Basic Utilities CH CH 1' Colleges N N N Community Recreation C'" CI" CI" Cultural Institutions N N N Day Care • R3.9 R',', R3.9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL. Commercial Lodging P N N Custom Arts and Crafts N N N Eating and Drinking Establishments R2 N N Major Event Entertainment N N N Outdoor Entertainment P N N Indoor Entertainment P N N Adult Entertainment N N N Saks-Oriented R2 N N Personal Services R' N N Repair-Oriented P N N Bulk Sales RI,II N N Outdoor Sales N P P Animal-Related P P P Motor Vehicle Sales/Rental RJ,1'," P P Motor Vehicle Servicing/Repair C P P Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P INDI'STItl.V.Slat\'IrlsIN'I'III'I-1'A NING DISTRICT DIt\'I IA TNIENT com ANIHNDNIENT Dt:.\3112-00+13 3/18/2113 PUBLIC I IF.\RI\G.SI'.\W'RP.I'1 WWYI"1'l1'1111'.PI..\NNINC(;l)NINMISS111N I'.\GI':3 or It, • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUS'l'RI,U, Industrial Services N li P P light industrial P P P General Industrial N p p I Icayy industrial N N P Railroad Yards Research and Development p p p Warehouse/Freight Movement N P P \X'astc-Related N N P \Xholesale Sales R+ P p P=Permuted It=Restricted C=Conditional Use N=Not Permitted ' :\ single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. These limited uses, separately or in combination, may nor exceed 20"'0 of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. In-home day care which meets all state requirements permitted by right. Permitted if all activities,except employee and customer parking,are wholly contained with a building(s). When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. I. See Chapter 18.798, Wireless Communication haeilines, for definition of permitted and restricted facilities in the 1-P zone - Vehicle fuel sales permitted outright unless in combination with convenience sales. in which case it is permitted conditionally. " Explosive storage permitted outright subject to regulations of Uniform Fire Code. '' Day care uses with over five children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.05(I.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor open space setbacks. "' Limited to outdoor recreation on (1) land classified as floodplain on City flood maps,when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2) land located outside the floodplain as shown on City flood maps,when the recreation use is temporary and does not otherwise preclude allowed uses or conditional uses other than recreation within the district. These limited uses, shall only be allowed in IP zoned property east of SW'772,0 Avenue. These uses, separately or in combination shall nor exceed ((I,000 square feet of gross leasable area in a single building, or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a single lot or parcel, or on contiguous kits or parcels,including those separated only by transportation right-of-way. '= These limited uses,separately or in combination,may nor exceed 10,000 square feet/lot. " This use limited to boat sales/rental only. 14 Except water and storm and sanitary sewers,which arc allowed by right. ...1u1_iied tQvuntractursIndilths:.tsat;Iulleifinn senicrns�fL�ite, INI)l'sI'I(L\1.SIiR\'ICIiS I\1'I 11.1 I-11 ZONIM; I)Istn11.'I I)E\I•11.UPMk IYIUIF .\\II\U\II•.\I I)(.1unl2-IMsNls 3/I8nu13 Milli:I Ib..\RIN(;,tit.\I9'RP.I'I IIYI"I'I IT'Ili l'I..\\NING C(1\ISIISSII)N P.\GI'. 4(.11. in • • SECTION IV. APPLICABLE CRITERIA,FINDINGS AND CONCLUSIONS APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states that legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. The proposed text amendment would apply to all 1-P zoned lands within the City. Therefore, the amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the Planning Commission and City Council. Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV applications. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations found applicable; 3) Any applicable METRO regulations; 4) Any applicable comprehensive plan policies; and 5) Any applicable provisions of the City's implementing ordinances. Findings and conclusions are provided below for the applicable listed factors on which the recommendation by the Commission and the decision by the Council shall be based. 1)The Statewide Planning Goals and Guidelines adopted under ORS Chapter 197 Statewide Planning Goal 1—Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and changes to the Comprehensive Plan and implementing documents. This goal outlines general procedures for citizen involvement in the plan and ordinance adoption and amendment process. The Tigard Development Code includes provisions which have been acknowledged by the Land Conservation and Development Commission (LCDC) as being compliant with this goal, and their enforcement will ensure Goal compliance in the proceedings. Since this is a legislative process that affects all property zoned I-P, the City will publish notices in the newspaper and through normal agency and interested parry notification methods, prior ro each public hearing. The hearings will provide the opportunity for comments, and the participants will have the nght to appeal the decision. These steps will result in compliance with Statewide Goal 1. Statewide Planning Goal 2—Land Use Planning: This goal outlines the land use planning process and policy framework. As noted above, LCDC has acknowledged that the City of Tigard Comprehensive Plan and implementing ordinances comply with the Statewide Planning Goals. fiince Goal 2 establishes the planning processes and policies, which are not affected by this code amendment, the proposal will not affect their continued compliance. Statewide Planning Goal 9—Economic Development: This goal seeks to provide adequate opportunities throughout the state for a variety of economic activities vital to the health,welfare,and prosperity of Oregon's citizens. This goal and its policies ensure that local regulations provide opportunities for economic activities and the health of the economy.This proposal explicitly implements the goal through allowing business in the 1-P zone that is compatible with other provisions of the Comprehensive Plan and Development Code. Without this code amendment a significant opportunity for business location in Tigard would nor be possible. FINDING: The Land Conservation and Development Commission has acknowledged the City's Comprehensive Plan as being consistent with the statewide planning goals. The proposed text amendment's consistency with the Comprehensive Plan's Citizen Involvement, Land Use Planning, and Economic Development goals and policies are discussed above. Based on the findings above. staff finds that the proposed code amendment is consistent with applicable Statewide Planning Goals. 'l'hc remaining Statewide Planning goals do not apply to this Ni)t'S'I'RI \i.siltylt:lig I'lll?1-PRtiXI\G I)ISl'RII'I'I)I;\'IticIP\1HN1'Cti1)1: \VI%.KI)�ll'.�'I' Ik:11u12-010 3 3/Is/201.3 PUBLIC iIl:.\HIlG,s'I'\lI REP()iu 'IX 1'1'III'.PLANNING o;t>NINIISSIRIK P\tat5t1i'In • • application since they relate to other specific areas to be considered in the comprehensive planning process rather than ro the procedural and economic considerations which are the focus of this application. 2) Applicable Federal or State Statues Federal statutes arc generally broad and nor directed to this type of local action, and it is clear that none apply to the case at hand. Stare statutes that may have applicability to this application are those within the jurisdiction of the Department of Land Conservation and Development. Of those, the Statewide Planning goals are most applicable and are addressed above. The other applicable rules arc contained in OAR 660-012, relating to transportation. Within this regulation, only the provisions related to amendments to other plans and codes as provided by section 660-012-0060 apply to this proposal. This section pros-ides that if an amendment to an existing land use regulation would significantly affect a transportation facility, the local jurisdiction must put in place certain measures, "Significantly" is defined as a change in the functional classification of an existing or planned facility, a change in implementing standards, or increase traffic to the extent of creating access or capacity conflicts_ In the case of this proposed change, the addition of contractors' offices as a restricted use will not introduce uses which are not anticipated by the transportation system. The IP zone already allows contractors offices as an office use provided that equipment and materials storage does not constitute over 50"ti of floor area occupancy, A contractor office that would be allowed as a result of this proposal would have less than 50 of floor area in office use and therefore would have a lower traffic demand than those already allowed. Staff recommends modification of the request to not include Note 15, which would limit the Industrial Service type uses to contractors and others who perform work on site. The effect would be to allow all types of uses that repair and service machinery. equipment, products or by-products in a centralized manner for separate retail outlets. A comparison of PM Peak trip generation rates suggests that allowing the full range of land uses classified as Industrial Services within the I-P zone will not result in increased trip generation. At present both Office and Research and Development are allowed land use classifications\within the T-P zone,generating 1.49 and 1.07 trips per 1,000 square feet respectively (Trip Generation: An ITT? Information Report, 8i1' Edition). These are rates equal to or greater than the most similar ITI: trip generation Category to Industrial Services (Code 110: General Light Industrial) which averages 1.08 trips per 1,000 square feet during the pm peak hour (Trip Generation: An ITE Information Report-, 811' Edition). As such, allowing the full range of Industrial Service land uses within the I-P zone would result in similar or lower levels of traffic to two existing land uses in the I-P Zoning District. FINDING: As stared above, federal statues do not apply and the proposed amendment is consistent with applicable state statues. 3) Metro Urban Growth Management Functional Plan. Metro's Urban Growth Management Functional Plan establishes the methods for local implementation of the Regional Urban Growth Goals and Objectives. The Functional Plan includes fourteen Titles which address various aspects of regional and local planning. Of these. only Title 4, relating to Industrial and Other Employment Areas applies to this application. Tide 4 establishes Regionally Significant Industrial Areas, Employment Areas and Industrial Areas. Within the City of"Tigard none of the existing IP zoned area is within a Regionally Significant Industrial Area,but some IP zoned land is classified as Employment and Industrial. Sections 3.07.43(1 and 3.07.44(1 respectively address the protection of these areas for industrial uses. In each case the intent of the protection provisions arc to avoid establishment of retail uses which would compromise the amount and/or quality of the industrial l'RI11.SI:1(\'I(:ILsI\TIlI I-I'%O\i 1)ISl'H!cl'I)I:\I;1.OP\11°\-I'(:OI)I? 1\II°\D\II'\"I' U( \litruNif VI8/21113PI'111.I(,111!.1RIXG.tiI'11i1;RI IR)111"1"1)'111P PI.L\\I\(.(:O\I,IItitill)\ P (CI;6(IPIn • • opportunities. Since this application would allow only contractors offices in the IP zone, this change will not conflict with the Title 4 provisions and may actually better meet the intent of Title 4. Metro staff reviewed the application and confirmed that the proposed changes arc in compliance with Metro "Title IV requirements. This was confirmed in an email from Metro Staff member Gera' Uba to City of Tigard staff oil February 21, 2013. FINDING: As stated above, the proposed amendments are in compliance with the applicable portions of the Metro Urban Growth Management Functional Plan. 4) Applicable Comprehensive Plan Policies Comprehensive Plan Goal 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all phases of the planning process. This goal has been met by complying with the "Tigard Development Code notice requirements set forth in Section 18.390, as documented in the project file. This includes mailing notice of the required public hearings to the interested parties list and affected agencies, and publication of the notice in the Tigard Times newspaper at least 10 days prior to the hearing. Two public hearings will be held (onc before the Planning Commission and the second before the City Council) at which opportunity for public input is provided. This goal is met. Comprehensive Plan Goal 2: Land Use Planning Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative foundation of Tigard's land use planning program. Policy 2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The first section of this chapter of the Comprehensive Plan addresses the establishment of the planning process and maintenance of the implementing documents, as required by Statewide Goal 2. The majority of the policies and action steps relate to City initiated procedures rather than to individual applications. Several policies do address the review of applications to amend the Comprehensive Plan Map and Zoning Map, but these are not applicable to the proposed Development Code amendment. Therefore, the provisions of this section of the Comprehensive Plan apply only in a very general sense, and implementation of the process provided by the Development Code will ensure compliance. This policy is met. Comprehensive Plan Goal 9: Economic Development Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy. Policy 2: The City shall actively encourage businesses that provide family-wage jobs to start up, expand,or locate in Tigard. Policy 3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. Policy 7: The City shall limit the development of retail and service land uses in Metro-designated industrial areas to preserve the potential of these lands for industrial jobs. Goal 9.1: Policy 2 is a statement of intent to encourage family wage job creation and maintenance. The proposed IP zone amendment will implement this policy through providing additional opportunities for employment related to construction which otherwise would be restricted. t\t)t'SIRI\I,SI.R\ICES 1\'Il I I-I'ZONING DISTRICT I)I:vI IA)I'AIEN'I'tX)l)I(.\\II[\I)\IP.NI I)t:\2n12-UuiM)3 3/18/2n13I'l'N1.ICIllf.\RI\(I,SI'.\II RI:p(H2'I' 1.(11rIII(1'I.\NN'I\t1(:oMMISS1(1V I'.\GI:70F In • Goal 9.1; Policy 3 indicates an intent to maintain flexibility in regulations which promote economic development. Approval of this IP zone amendment would acknowledge and implement this policy by making a change which will increase employment opportunities. Goal 9.1; Policy 7 states an intent to promote actions which result in better utilization of industrial areas. This policy is implemented by adding an additional restricted use in the 1P zone, which clearly is needed and opportunistic in addressing currently available opportunities. Modification of the proposal to remove Note 15, as discussed in Section V below, would strengthen compliance with Policies 2 and 3 above, by encouraging a greater range of businesses in the 1-P zone and proving greater flexibility and adaprabilit\• in order to promote economic development opportunities within the I-P zone, and removing potential inefficiencies in the utilization of industrial lands within Tigard. FINDING: As shown in the analysis above, staff finds that the proposed code amendment is consistent with the applicable goals and policies in Tigard's Comprehensive Plan. 5)Applicable Provisions of the City's Implementing Ordinances Chapter 18.530—Industrial Zoning Districts 18.130.070 Industrial Use Categories C. Industrial Services. 1. Characteristics: Industrial Services are uses that repair and service industrial, business, or consumer machinery, equipment, products or by-products. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Includes contractors, building maintenance services and similar uses that perform services off-site. Few customers, especially the general public,come to the site. 2. Accessory Uses: Accessory uses may include offices, parking, storage, loading docks, and railroad lead and spur lines to allow the loading and unloading of rail cars. 3. Examples: Examples include welding shops; machine shops; repair shops for tools, scientific/professional instruments, and motors; sales, repair, storage, salvage or wrecking of heavy machinery, metal and building materials; towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading; truck stops; building, heating, plumbing or electrical contractors; printing, publishing and lithography; exterminators; janitorial and building maintenance contractors; fuel oil distributions; solid fuel yards;laundry,dry-cleaning and carpet cleaning plants;and photo-finishing laboratories. 4. Exceptions: a. Contractors and others who perform services off-site are included in the Office category if equipment and materials storage does not constitute 50%or more of occupied space and fabrication or similar work is not carried out at the site. Subsection 18.l3U.t170 (C) defines Industrial Services and indicates that contractors arc included in this category. Subparagraph 4(a) indicates that contractors are classified as "office" if storage is less than 5U"0 of the occupied floor area and there is not on-site fabrication. The proposed code amendment dtxs not propose to change the definition of this Industrial Use Classification, just expand its use within the 1-P zone by removing the limitation on equipment and materials storage. 18.530.010 Purpose A. Provide range of industrial services for City residents. One of the major purposes of the regulations governing development in industrial zoning districts is to ensure that a full range of job opportunities are available throughout the City so that residents can work close to home if they I\I)r'ti Ik11L.,1•:It\lla(s IN T111.:I-I'/.t t\I!.(; 1)1SIttl:I t)I•:\Ill WNII(NI t X)1>r Lill:\I).\II-.\'f Di:120l2-0ltxi3 Pl•15I,II:III(\)(M(:,SI•.\I:I:RIP(/I(I'"I'tl THE PI.\%NI\tt(iNINfiss1 t\ I'.1(;I.",H(IN III • • . choose. The location of land within each industtial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of industrial activity on established residential areas. B. Facilitate economic goals. Another purpose of these regulations is to ensure [hat there is a full range of economic activities and job opportunities within the City limits, in compliance with the economic goals of the City of Tigard Comprehensive Plan. Subsection A states that one purpose is to "Provide a range of industrial services for cityresidents". Allowing contractors offices and similar industrial services type land uses will achieve this purpose through increasing opportunities for employment in these areas. Subsection B indicates that an additional purpose of the industrial zones is to facilitate economic goals,which as described above is also achieved by this proposed revision. 18.530.020 List of Zoning Districts A. I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated,attractively landscaped, and pedestrian-friendly. Thr proposed code amendment would allow industrial land uses, as defined in TDC 18.13t).070.0 and discussed above, subject to a restriction that all activities be contained entirely within the building save for customer and employee parking. This restriction will result in consistency with the purpose statement for the T-P zoning district in that it will maintain the campus-like setting and will Prevent off-site impacts. FINDING: As shown in the analysis above, staff finds that the proposed text amendment is consistent with the applicable provisions of the City's implementing ordinances. SECTION V. STAFF CONCLUSION & RECOMMENDED MODIFICATIONS As proposed. the application will narrowly expand the permitted uses in the [P zone in order to address a recurring issue in the ability for contractors offices to locate in such areas. The public facility impact of this change is insignificant because facilities in which office floor area is over 50% of the total occupied are already allowed. Similarly, the functional and aesthetic qualities of the IP zone are maintained since the use will be restricted to prevent outside storage of materials. By imposing restriction No. 4 which requires all activities, except employee and customer parking, to be wholly contained within a budding(s), any potential for aesthetic or other off-site impacts will be prevented. The preceding narrative shows that all criteria for approval for this application have been met. That said, staff recommends that the requested amendment be modified to eliminate the proposed Note 15 which limits Industrial Services ro "contractors and others that perform services off-site." Staff finds this restriction unnccessary to ensure consistency with the intent of the I-P Zoning District, whose intent is to preserve a campus like feel and prevent off-site impacts. Moreover, as demonstrated in the findings above. Note 15 would prevent the efficient utilization of industrial lands. I\I)l•ti11(I.tl slit\Ici.SI\-1:111: 1-I'7.()I'iIN(il)ISII(I(i I)I.:\I•:I.( P\lliNT(:011li \AlttN1)\II:\I 1)(:.\2)1l'--iiNIti 3/Ia/2n131'LRI.IH:III(.WING.STAFF MAX ltTI-ctrIII.1,1.\\KING(a)\IMISSI(N 1,.\GF.aOPit) • • SECTION VI. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS Metro reviewed the application and in an email dated February 21, 2013, found it consistent with 'Title 1\' of the Metro Urban Growth Management Functional Plan. DLCD, Tualatin Valley Fire & Rescue, Clean Water Services, City of Beaverton, City of Durham,City of King City, City of Lake Oswego, City of Portland, City of Tualatin, Metro, and ODOT were notified of the proposed code text amendment but provided no comment. March 11,2013 PRl?P.\R10BY: John Floyd Associate Planner March 11.2013 .\PPROV1:D BY: Tom McGuire DATE Assistant Community Development Director • \DI'SIItl.\I.Sf.It\YO;si\1111•:I-I'/.I)KI\c7 DIS11211:rI)I \'I'. .uI'\II(\I CODE.\NIP.\D111;\T Dc:.\2n12-iNxu6 3,IRi 2)I3 1'1'BI.II:III.:\IJ\c;,S'I'.1I9v RI-:Jk IIIT 10.11 :I'I..\\KI\G c:c MISSION I'\c,If Ic'()1' Inc • • 120 DAYS= N/A DATE MAILED: 6/3/2013 rs ill CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA) 2012-00004 Case Name: MASCO DEVELOPMENT CODE AMENDMENT—INDUSTRIAL SERVICES IN THE I-P: INDUSTRIAL PARK ZONING DISTRICT Applicant's Name/Address: Masco Administrative Services /260 Jimmy Ann Drive / Daytona Beach,Florida 32114 Owner's Names/Addresses: N/A Address of Property: Citywide.Industrial-Park Zone Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A DEVELOPMENT CODE AMENDMENT(ORDINANCE NO. 13-10). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MA TERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON MARCH 18, 2013 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON MAY 28, 2013 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THE FINAL ORDER, WHICH INCLUDES THE STAFF REPORT, PLANNING COMMISSION MEETING MINUTES,AND DRAFT CITY COUNCIL MEETING MINUTES. Subject: > The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zone. ZONE: I-P: Industrial Park. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,&9;Metro Title 4;Comprehensive Plan Policies 2.1.3, 2.1.7, 9.1.2,9.1.3,&9.1.7;and Community Development Code Chapters 18.380, 18.390,& 18.530. Action: Y ❑ Approval as Requested ® Approval with Modifications ❑ Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: ® Affected Government Agencies ® Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON JUNE 27,2013. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: If you have any questions,please contact Associate Planner,John Floyd, at(503) 718-2429. • • • t. City of Tigard 5t°`tSF�, S } R..,-.. �....�,..:. 13125 SW Hall Blvd. tip• � Tigard, Oregon 97223 • • yy z 1N.1 $ 00.660 • .rg '' 0004293344 JJN 03 2013 • MA.ILEDFROMZIPCODE 97223 ATTP • P.AN ,=rr'F P:!_4:11E:Nl SPECIALIST DEPAP:( LAND CONSERVAT;ON A FPTIFO 636 r:.c:c t,. 4:TR?.E1 NE SUITE 150 SALE,'.. f:+•': y: 7 i-; ;0 _ •1 --AND CON3E- . TIOIIJ AND DEVELOPMENrr 73==1$71 _s_: COOT 120 DAYS = N/A • DATE MAILED: 6/3/2013 CITY OF TIGARD TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE CITY COUNCIL Case Number: DEVELOPMENT CODE AMENDMENT (DCA)2012-00004 Case Name: MASCO DEVELOPMENT CODE AMENDMENT—INDUSTRIAL SERVICES IN THE I-P: INDUSTRIAL PARK ZONING DISTRICT Applicant's Name/Address: Masco Administrative Services /260 Jimmy Ann Drive/Daytona Beach.Florida 32114 Owner's Names/Addresses: N/A Address of Property: Citywide.Industrial-Park Zone Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A DEVELOPMENT CODE AMENDMENT(ORDINANCE NO. 13-10). THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON MARCH 18. 2013 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON MAY 28, 2013 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THE FINAL ORDER, WHICH INCLUDES THE STAFF REPORT, PLANNING COMMISSION MEETING MINUTES,AND DRAFT CITY COUNCIL MEETING MINU 1'ES. Subject: D The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zone. ZONE: I-P: Industrial Park. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,&9;Metro Title 4;Comprehensive Plan Policies 2.1.3,2.1.7, 9.1.2,9.1.3,&9.1.7;and Community Development Code Chapters 18.380, 18.390,& 18.530. Action: D ❑ Approval as Requested ® Approval with Modifications ❑ Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: ® Affected Government Agencies E Interested Parties Final Decision: THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON JUNE 27,2013. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard,Oregon. Appeal: A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) within 21 days according to their procedures. Questions: If you have any questions,please contact Associate Planner,John Floyd,at(503) 718-2429. _� Ill Y?i ti(1 M .W. DLCD Notice of Adoption This Form 2 must be mailed to DLCD within 20-Working Days after the Final Ordinance is signed by the public Official Designated by the jurisdiction and all other requirements of ORS 197.615 and OAR 660-018-000 � f �<0,2 n,t, Jurisdiction: City of Tigard Local file number: DCA2012-00003 Date of Adoption: 5/28/2013 Date Mailed: 6/3/2013 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? ® Yes I I No Date: 2/11/13 ❑ Comprehensive Plan Text Amendment ❑ Comprehensive Plan Map Amendment ® Land Use Regulation Amendment I I Zoning Map Amendment U New Land Use Regulation ❑ Other: Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". Text amendment to the Tigard Development Code to allow industrial services as a restricted use in the I-P: Industrial Park Zone. Does the Adoption differ from proposal? Yes, Please explain below: The original proposal would have only allowed "contractors and others who perform services off-site" within the 1-P zone. As adopted all businesses falling within the "Industrial Services" use classification would be allowed within the I-P: Industrial Park Zone. Plan Map Changed from: n/a to: m/a Zone Map Changed from: n/a to: n/a Location: citywide Acres Involved: Specify Density: Previous: n/a New: n/a Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ® ❑ X LJ ❑ Was an Exception Adopted? ❑ YES ® NO Did DLCD receive a Notice of Proposed Amendment... 35-days prior to first evidentiary hearing? ® Yes L_I No If no, do the statewide planning goals apply? fl Yes No If no, did Emergency Circumstances require immediate adoption? I_I Yes ❑ No I • DLCD file No. Please list all affected State or Federal Agencies, Local Governments or Special Districts: Oregon Department of Transportation, Washington County, Clean Water Services, and Tualatin Valley Fire & Rescue. Local Contact: John Floyd Phone: (503) 718-2429 Extension: Address: 13125 SW Hall Blvd Fax Number: - - City: Tigard Zip: E-mail Address: johnfl@tigard-or.gov ADOPTION SUBMITTAL REQUIREMENTS This Form 2 must be received by DLCD no later than 20 working days after the ordinance has been signed by the public official designated by the jurisdiction to sign the approved ordinance(s) per ORS 197.615 and OAR Chapter 660, Division 18 1. This Form 2 must be submitted by local jurisdictions only(not by applicant). 2. When submitting the adopted amendment, please print a completed copy of Form 2 on light green paper if available. 3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the address below. 4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), exhibit(s) and any other supplementary information (ORS 197.615 ). 5. Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD of the adoption (ORS 197.830 to 197.845 ). 6. In addition to sending the Form 2 -Notice of Adoption to DLCD, please also remember to notify persons who participated in the local hearing and requested notice of the final decision. (ORS 197.615 ). 7. Submit one complete paper copy via United States Postal Service, Common Carrier or Hand Carried to the DLCD Salem Office and stamped with the incoming date stamp. 8. Please mail the adopted amendment packet to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 9. Need More Copies? Please print forms on 81/2 -1/2x11 green paper only if available. If you have any questions or would like assistance, please contact your DLCD regional representative or contact the DLCD Salem Office at (503) 373-0050 x238 or e-mail plan.amendmentsnstate.or.us. http://www.oregon.gov/LCD/forms.shtml Updated December 6,2012 —_ I • • AFFIDAVIT OF MAILING I, Christine Wiley, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below) 0 NOTICE OF PUBLIC HEARING FOR:17:1' DCA 2012-00003 (MASCO Development Code Amendment) — INTERESTED PARTIES ❑ AMENDED NOTICE (File No./Name Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council May 28, 2013 A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) marked Exhibit'B", and by reference made a part hereof, on May 1,2013, and deposited in the United States Mail on May 1,2013, postage prepaid. (Person that Pr ared Mailing) STATE OE OXEGON ) County of`Washington )ss. City of tgard ) riff— Subscribed and sworn/affirmed before me on the D day of M A , 2013. OFFICIAL SEAL f 1 f, ,. �"" SHIRLEY UREA? NOTARYPUBUC-OREO P. NOTARYP BLIC I 0 EGON COMMISSION NQ 45984d 9 MY COMMISSION EXPIRES JUL,06,2015 r; My Commission Expires: 1/4'//S • • NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER .111 TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BEFORE THE TIGARD CITY COUNCIL ON TUESDAY, MAY 28, 2013. AT 7:30 PM. THE PUBLIC HEARING WILL BE CONDUC LED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THIS HEARING IS FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2012-00003 FILE TITLE: MASCO DEVELOPMENT CODE AMENDMENT APPLICANT: Masco Administrative Services 260 Jimmy Ann Drive Daytona Beach, Florida 32114 REQUEST: The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. The complete text of the currently proposed amendments can be viewed on the City's website at http://www.tigard-or.gov/city_hall/public_notices/ LOCATION: All properties located within the I-P: Industrial Park Zoning District ZONES: I-P: Industrial Park Zoning District COMP PLAN: Light Industrial APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, & 9; Metro Title 4; Comprehensive Plan Policies 2.1.3, 2.1.7, 9.1.2, 9.1.3,& 9.1.7;and Community Development Code Chapters 18.380, 18.390,& 18.530. THE PUBLIC HEARINGS ON THIS MA ITER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVET OPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (I'DD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. c_{.1c111r,_k PUBLIC ORAL OR WRITTE STIMONY IS INVITED. ANYO ISHING TO PRESENT WRITTEN TESTIMONY ON THIS PRO ED ACTION MAY DO SO IN G PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESEN TED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRIT IEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE,OR THE CURRENT RA 1'E CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT ASSOCIATE PLANNER JOHN FLOYD AT 503-718-2429; BY MAIL AT TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223; OR BY EMAIL TO johnfl(a�tigard-or.gov. • • ALEXANDER CRAGHEAD k JULIE RUSSELL, CPO 4B CHAIR '/ 12205 SW HALL BOULEVARD 12662 SW TERRAVIEW DRIVE TIGARD OR 97223-6210 TIGARD OR 97224 GENE MILDREN BRAD SPRING ',. MILDREN DESIGN GROUP 7555 SW SPRUCE STREET 7650 SW BEVELAND ST, STE 120 TIGARD OR 97223 TIGARD OR 97223 NATHAN AND ANN MURDOCK CHARLIE AND LARIE STALZER 7415 SW SPRUCE STREET 14781 SW JULIET TERRACE TIGARD OR 97223 TIGARD OR 97224 PATTY NEWTH '" ROSS SUNDBERG 12180 SW MERESTONE COURT 16382 SW 104TN AVE TIGARD OR 97223 TIGARD OR 97224 TODD HARDING& BLAKE HERING 1R.V NORRIS BEGGS&SIMPSON 121 SW MORRISON,SUITE 200 PORTLAND OR 97204 SHANNEN WILLIAMS RAPPOLD V MARKETING/BUSINESS DEV MGR DAVID WALSH '\ PERLO CONSTRUCTION 10236 SW STUART COURT 7190 SW SANDBURG ST TIGARD OR 97223 PORTLAND OR 97223 SUE RORMAN BRIAN WEGENER 11250 SW 82ND AVE 9830 SW KIMBERLY DRIVE TIGARD OR 97223 TIGARD OR 97224 LISA HAMILTON, CPO 4B VICE CHAIR ' 13565 SW BEEF BEND ROAD Person(s)listed below want to be notified about TIGARD OR 97224 WEST side development ONLY. No persons currently want to be notified about SOUTH HOLLY SHUMWAY,CPO 4B x' or CENTRAL development ONLY: 14535 SW WooDHUE ST TIGARD OR 97224 CURPLN/SetUp/Labels/CIT Citywide Last Update:08 21 2012 • • The following labels list interested persons who requested notice DON & DOROTHY ERDT C re:ANY development ANYWHERE in Tigard. See Memo for File re: 13760 SW 121sT AVENUE Interested Parties Update,August 2012. TIGARD OR 97223 BARRY ALBERTSON v VANESSA FOSTER Y 15445 SW 150T" AVE 13085 SW HOWARD DR TIGARD OR 97224 TIGARD OR 97223 SUSAN BEILKE MONA KNAPP r 11755 SW 114T" PLACE 9600 SW FREWING STREET TIGARD OR 97223 TIGARD, OR 97223 ELLEN BEILSTEIN' BEVERLY FROUDEV 14630 SW 139T"AVE 12200 SW BULL MOUNTAIN ROAD TIGARD OR 97224 TIGARD OR 97224 HEIDI BRENNEMAN' NAOMI GALLUCCI 11680 SW TIGARD DRIVE 11285 SW 78T"AVENUE TIGARD OR 97223 TIGARD OR 97223 GRETCHEN BUEHNER T CPO 4B MAILING ADDRESS X 13249 SW 136T" PLACE 16200 SW PACIFIC HWY, STE H, BOX 242 TIGARD OR 97224 TIGARD OR 97224 REX CAFFALL y KEVIN HOGAN 13205 SW VILLAGE GLENN 143357 SW 133RD AVENUE TIGARD OR 97223 TIGARD OR 97224 LORA GARLAND, CITY RECORDS k HAROLD AND RUTH HOWLAND.`. CITY OF TIGARD 13145 SW BENISH 13125 SW HALL BLVD TIGARD OR 97223 TIGARD OR 97223 NOTE: ♦Don't mail the City of Tigard label PATRICIA KEERINS if there is already a label for City of Tigard 12195 SW 1215T AVE printed from the GIS labels list. TIGARD OR 97223 CURPLN/SetUp/Labels/CIT Citywide Last Update:08 21 2012 • 4111 Persons listed below want to be notified about EAST side development ONLY: Jim Long, Chair, CPO 4M 10730 SW 72nd Ave Portland, OR 97223 DAYLE D.& EVELYN O. BEACH ` 11530 SW 72ND AVENUE TIGARD OR 97223 CURPLN/SetUp/Labels/CIT Citywide Last Update:08 21 2012 * COMMUNITY 6605 SE Lake Road, Portland, OR 97222* PO Box 22109 Portland OR 9726 9-2 1 0 9 Phone:503-684-0360 Fax: 503-620-3433 PUBLIC HEARING ITEM: E-mail: legals@commnewspapers.com The following will be considered by the Tigard City Council at a Public Hearing on , gl Tuesday May 28.2013 at 7:00 PM at the PUBLICATION Tigard Civic Center-Town Hall, 13125 SW AFFIDAVIT OF State of Oregon, County of Washington, SS T I G A R D n. Publiccll loral or written test mony is invited. . I, Charlotte Allsop, being the first duly sworn, The public hearing on this matter will be depose and say that I am the Accounting held under Title 18 and rules of procedure Manager of The Times (serving Tigard, adopted by the Council and available at City Hall or the Tualatin & Sherwood), a newspaper of rules of procedure set forth in Section 18.390.060.E. The general circulation, published at Tigard, in the Planning Commission's review is for the purpose of making aforesaid county and state, as defined by a recommendation to the City Council on the request. The. ORS 193.010 and 193.020, that Council will then hold a public hearing on the request prior to making a decision. Further information may be obtained from the City of Tigard City of Tigard Planning Division(Staff contact: John Floyd)at 13125 SW Notice of Public Hearing —DCA2012-00003 Hall Blvd.,Tigard,Oregon 97223,by calling 503-718-2429 Masco or by e-mail to Iohnfl@itigard-or.gov or by visiting the project TT11813 website at www.tigard-or.gov/cws. DEVELOPMENT CODE AMENDMENT A copy of which is hereto annexed, was (DCA) 2012-00003 published in the entire issue of said -MASCO DEVELOPMENT CODE AMENDMENT- newspaper for REQUEST: The amendment would alter Land Use Table 1 18.530.1 (Industrial Zones)to change Industrial Services week in the following issue: from a prohibited land use to a restricted land use within the May 16, 2013 I-P:Industrial Park Zoning District. The complete text of the currently proposed amendments can be viewed on the , City's website at http://www.tigard-or.gov/citeshall/public • Ci l f I notices/ (Accounting Manager) LOCATION: All properties located within the I-P: Charlotte Allso P ( 9 9 ) Industrial Park Zoning District Subscribed and sworn to before me this ' May 16, 2013. ZONES: I-P: Industrial Park Zoning District COMP PLAN: Light Industrial pi,tbi APPLICABLE REVIEW CRITERIA: Statewide Planning NOTAR PUBLIC FOR OREGON Goals 1, 2, & 9; Metro Title 4;, My commission expires 3 I, o2O/S Comprehensive Plan Policies � 2.1.3, 2.1.7, 9.1.2, 9.1.3, & 9.1.7; and Acct#10093001 Community Development Code Chapters, Attn: Chris Wiley d'i ' OFFICIAL SEAL 18.380, 18.390,& 18.530. TT11813' f.,x: 'a JERRIN L SIPE Publish 05/16/2013. City of Tigard "�`^ ;j NOTARY PUBLIC-OREGON 13125 SW Hall Blvd .� COMMISSION NO.461515 Tigard, OR 97223 MY COMMISSION EXPIRES SEPTEMBER 01,2015 Size: 2 x 6.5" Amount Due: $108.55* 'Please remit to address above. • • n AFFIDAVIT OF MAILING = ' ` 11KY I, ChristineWi&ey, being first duly sworn/affirm, on oath depose and say that I am a Senior AdministrativeSpecialistfor the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Belaw) ❑x NOTICE OF PUBLIC REARING FOR:7 DCA 2012-00003 (MASCO Development Code Amendment) — PROPERTY OWNERS AMENDED NOTICE (File No./Name Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer El Tigard Planning Commission ® Tigard City Council May 28, 2013 A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) marked Exhibit"B", and by reference made a part hereof, on May 7,2013, and deposited in the United States Mail on May 7,2013, postage prepaid. (Person that Prep Mailing) S *JLOE02?GON ) County of Washington )ss. City of igard ) - Subscribed and sworn/affirmed before me on the day of ItA , 2013. ���• OFFICIAL O%TREAT 6 NOTARY POBL1Q1 11146 N CLf L� % MamAar moue.ORE O -- COMMISSION No.45984 My Commission Expires: 74,113 MY COMMISSION EXPIRES JU.Y OS,2015 Ballot measure 56,adopted by the wen 1998,and codified in ORS 227.186,req.the following language in this notice: This is to notify you that the City of Tigard has proposed a land use regulation that may affect the permissible uses of your property and other properties. NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, 1111 ,I IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER p TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE TIGARD CITY COUNCIL ON TUESDAY. MAY 28. 2013 AT 7:30 PM. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. THE CITY HAS DETERMINED THAT ADOPTION OF THE CODE AMENDMENT ORDINANCE MAY AFFECT THE PERMISSIBLE USES OF YOUR PROPERTY, AND OTHER PROPERTIES IN THE AFFECTED ZONES, AND MAY CHANGE THE VALUE OF YOUR PROPERTY. Why did I get this notice?: Our records indicate that you own property within the I-P: Industrial Park Zoning District. A property owner within Tigard has initiated a Development Code Amendment that would make building contractors and other businesses performing services off-site a permitted land use within the I-P Zoning District,potentially expanding the range of permissible uses of your property or properties. FILE NOS.: DEVELOPMENT CODE AMENDMENT (DCA) 2012-00003 FILE TITLE: MASCO DEVELOPMENT CODE AMENDMENT APPLICANT: Masco Administrative Services, 260 Jimmy Ann Drive, Daytona Beach, Florida 32114 REQUEST: The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. The complete text of the currently proposed amendments can be viewed on the City's website at http://www.tigard-or.gov/city_hall/public_notices/ LOCATION: All properties located within the I-P: Industrial Park Zoning District ZONE: I-P: Industrial Park Zoning District COMP PLAN: Light Industrial APPLICABLE Statewide Planning Goals 1, 2, & 9; Metro Title 4; Comprehensive Plan Policies 2.1.3, 2.1.7, 9.1.2, REVIEW 9.1.3,&9.1.7;and Community Development Code Chapters 18.380, 18.390,& 18.530. CRITERIA: CUL AOit A THE PUBLIC HEARING ON OIS MATTER WILL BE CONDUC• IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE IN1'ERPRE1ERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (113D - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WR1'TLaN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILF ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION OR TO OBTAIN A COPY OF THE PROPOSED AMENDMENTS, PLEASE CONTACT STAFF PLANNER JOHN FLOYD AT 503-718-2429 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD,TIGARD, OREGON 97223) OR BY EMAIL TO johnfl i)tigard-or.gov. .f . • 1 2S102AB01900 2S113B000600 ALLRED LIMITED PARTNERSHIP CLEAN WATER SERVICES PO BOX 23144 ATTN:ACCOUNTS PAYABLE TIGARD,OR 97281 2550 SW HILLSBORO HWY HILLSBORO,OR 97123 2S102AB01902 2S114AA00400 ALLRED LIMITED PARTNERSHIP CLEAN WATER SERVICES PO BOX 23144 2550 SW HILLSBORO HWY TTGARD,OR 97281 HILLSBORO,OR 97723 2S112ACO2400 2S114AA00500 ALPHA LIMITED PARTNERSHIP CLEAN WATER SERVICES 14725 SW 72ND 2550 SW HILLSBORO HWY TIGARD,OR 97224 HILLSBORO,OR 97123 2S102BA00303 2S113BA00600 ANDREWS MANAGEMENT LTD CLEAN WATER SERVICES TIGARD INDUSTRIAL LLC 2550 SW HILLSBORO HWY 5845 JEAN RD HILLSBORO,OR 97123 LAKE OSWEGO,OR 97035 2S112AC00600 2S114AA00600 BEALES,ALAN K&SUSAN R TRUST CLEAN WATER SERVICES BY BEALES,ALAN K&SUSAN R TRS 2550 SW HILLSBORO HWY 2126 MAGELLAN DR HILLSBORO,OR 97123 OAKLAND,CA 94611 2S112AC00700 25114AD00300 BEALES,ALAN K&SUSAN R TRUST CLEAN WATER SERVICES BY BEALES,ALAN K&SUSANR TRS 2550 SW HILLSBORO HWY 2126 MAGELLAN DR HILLSBORO,OR 97123 OAKLAND,CA 94611 2S112AC00800 251021800100 BEALES,ALAN K&SUSAN R TRUST CRESS,SCOTT B AND DANA B BY BEALES,ALAN K&SUSAN R TRS 9966 SW KATHERINE STREET 2126 MAGELLAN DR TIGARD,OR 97223 OAKLAND,CA 94611 2S112DC01600 2S112CD09100 BOWLES,JOHNB LIVING TRUST DANCHOK INVESTMENT GROUP INC BOWLES,MARGARET R LIVING TRUST 19175 SW EASTSIDE RD BY BOWLES,JOHNB&MARGARETR T LAKE OSWEGO,OR 97034 8986 SW ARAPAHO RD TUALATIN,OR 97062 2S112DB00200 2S102AB01901 BROOKS&PITTMAN RENTALS DAVIDSON,WILLIAM G&DIXIE L 15255 SW 72ND AVE 8915 SW COMMERCIAL ST PORTLAND,OR 97224 TIGARD,OR 97223 2SIOIDD00300 2S112DC01500 CJH LLC DEC INVESTMENTS LLC 23643 SW STAFFORD HILLS DR DEC II INVESTMENTS LLC WEST LINN,OR 97068 BY C&R REAL ESTATE SERVICES,CO 1440 SW TAYLOR PORTLAND,OR 97205 •t • 2S113AB00800 2S113AB00500 DUNCAN,JOHN ARTHUR&JANICE LEE G6•S FC LLC 9929 NW UPTON CT 16083 SW UPPER BOONES FERRY RD,STE PORTLAND,OR 97229 TIGARD,OR 97224 2S113AB01600 1S135CB00400 DUNCAN,JOHN ARTHUR&JANICE LEE GABRIEL INVESTMENT LLC 9929 NW UPTON CT 10250 SW NORTH DAKOTA ST PORTLAND,OR 97229 TIGARD,OR 97223 251138000400 1SI3SCB00500 DURHAM I LLC GABRIEL INVESTMENT LLC 8100 SW DURHAM RD 10250 SW NORTH DAKOTA ST TIGARD,OR 97224 TIGARD,OR 97223 2S113B000500 2S113AB00700 DURHAM II LLC GREEN PRAIRIE LLC 8100 SW DURHAM RD 500 E BROADWAY,STE 110 TIGARD,OR 97244 VANCOUVER,WA 98660 2S102BA01190 2S713AB01000 ELKINS,ALVIN S TR GREEN PRAIRIE LLC ELKINS,ERNEST TR 500 E BROADWAY,STE 110 30490 SW ROGUE LN#3112 VANCOUVER,WA 98660 WILSONVILLE,OR 97070 2S102BA00501 2S102BA01000 ELLIOTT,JAMES R&SHERRY D GREEN VALLEY DEVELOPMENT LLC PO BOX 570 BY GARY HELMER EAGLE CREEK,OR 97022 10585 SW WALNUT ST TIGARD,OR 97223 2S112ACO2800 2SI02BA01100 FANNO CREEK ACRES LLC HADLEY,JOHN W& 74865 SW 74THAVE STE 300 HADLEY,BARBARA A TIGARD,OR 97223 12220 SW GRANT AVE TIGARD,OR 97223 2S1010001100 2S112AD00900 FIELDS,FRED W REVOCABLE LIVING HD DEVELOPMENT OFMARYLAND,INC 1149 SW DAVENPORT BY HOME DEPOT USA,INC PORTLAND,OR 97201 PROPERTY TAX DEPT#4002 PO BOX 105842 ATLANTA,GA 30348 2SIO1CA00100 2S101DD00702 FIELDS,FRED W REVOCABLE LIVING HDG LP 1149 SW DAVENPORT 13212 NE 16TH ST#212 PORTLAND,OR 97201 BELLEVUE,WA 98005 2S102BB00201 - 2S102BA00900 FLEMING,PASQUALINA TRUSTEE HOLSCHER,MICHAEL E&LAREE 10060 SW KATHERINE PO BOX 230397 TIGARD,OR 97223 TIGARD,OR 97281 •;, •j 2S112DB00700 2S101DC04602 HUEWE,ERIC J&JENNIFER E MCCORMACK PROPERTIES LP 1199 FAIRWAY RD 7190 SW SANDBURG ST LAKE OS WEGO,OR 97034 TIGARD,OR 97223 2S112AC01700 2S101DC03800 INTERSTATE DEVELOPMENT LLC MCCORMACK PROPERTIES LP 75065 SW 74THAVE 7190 SW SANDBURG ST PORTLAND,OR 97224 TIGARD,OR 97223 2S112DB00500 2S112ACO2900 INTERSTATE DEVELOPMENT LLC METRO BY MIKE SATRAN ATTN OFFICE OF THE METRO ATTORNEY 15065 SW 74TH AVE 600 NE GRAND AVE PORTLAND,OR 97224 PORTLAND,OR 97232 2S102BA00500 2S112AC03100 JACKSON,PAUL R&SIMONE D METRO 10250 TIGARD ST ATTN OFFICE OF THE METRO ATTORNEY TIGARD,OR 97223 600 NE GRAND AVE PORTLAND,OR 97232 2S112DC01400 2S113BA00200 JDS LLC METZGER VENTURES,LLC CRITERION CREEKVIEW LLC PO BOX 400 ATTN JAMES A MEYER SHERWOOD,OR 97140 PO BOX 6525 BEAVERTON,OR 97007 2S113BA00100 2S112DB00600 JOHNSON,CARL H TRUST MEYER,DENNIS G&MARYELIZABETH JOHNSON,FAMILY CREDIT SHELTER TRUS 15205 SW 74TH AVE 16030 SW QUEEN VICTORIA PL TIGARD,OR 97224 KING CITY,OR 97224 2S112DB00800 2S112AC03000 JOHNSON,ORVAL&JEAN LIVING TRU MJR INVESTMENTS LLC REICHEL,DAVID L 12665 SW 69TH AVE PO BOX 967 TIGARD,OR 97223 SHERWOOD,OR 97140 2S102BB00300 1S135CC04000 KING,JEFFREY H&SUSAN E MPI SKIFF LLC 10080 SW KATHERINE ST BY NED MCCALL TIGARD,OR 97223 5480 NW FRONT AVE PORTLAND,OR 97210 1S135CB00700 2S102BA00600 MCCALL OIL MULL,GREGORY S AND CHEMICAL CORPORATION MULL,GEORGE E BY NED MCCALL 19350 SW POMONA DR 5480 NW FRONT AVE BEAVERTON,OR 97007 PORTLAND,OR 97210 1S135CB00600 1S135CB00100 MCCALL PROPERTIES LLC NATIONAL SAFETY COMPANY BY NED MCCALL 17010 SW WEIR RD 5480 NW FRONT AVE BEAVERTON,OR 97007 PORTLAND,OR 97210 •t • 1S135CB00101 2S112DC00701 NATIONAL SAFETY COMPANY PACIFIC REALTY ASSOCIATES 17010 SW WEIR RD ATTN:NPIVEN BEAVERTON,OR 97007 15350 SE SEQUOIA PKWY#300 PORTLAND,OR 97224 2S113AB00300 2S112DA01100 OREGON STATE BAR,THE PACIFIC REALTY ASSOCIATES 16037 SW UPPER BOONES FERRY RD ATTN NPIVEN TIGARD,OR 97224 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 1S135CB00800 2S112DA01200 OREGON,STATE OF PACIFIC REALTY ASSOCIATES DEPT OF TRANSPORTATION ATTN:N PIVEN RIGHT OF WAY SECTION 15350 SW SEQUOIA PKWY#300 355 CAPITOL STREET NE,RM 420 PORTLAND,OR 97224 SALEM,OR 97301 2S112AD01100 2S112DA01000 PACA PROPERTIES LLC PACIFIC REALTY ASSOCIATES 6600 SW BONITA RD ATTN:N PIVEN TIGARD,OR 97224 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 2S112DD01500 2S112DA00300 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES ATTN:NPNEN ATTN:NPNEN 15350 SW SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 PORTLAND,OR 97224 2S112AD01300 25112DA01300 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES ATTN::N PIVEN ATTN N PIVEN 15350 SW SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 PORTLAND,OR 97224 2S112DD00700 2S112DA01400 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES ATTN:NPIVEN ATTN:NPIVEN 15350 SE SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 PORTLAND,OR 97224 25113AC00102 2S712DA00600 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES ATTIC'N PIVEN ATTN:N PIVEN 15350 SE SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 PORTLAND,OR 97224 2S113AC00103 2S112DD01600 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES ATTN:N PIVEN ATTN::N PIVEN 15350 SE SEQUOIA PRIVY#300 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 PORTLAND,OR 97224 2S112DC00500 2S112DD01601 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES ATTN:N PIVEN ATTN:NPNEN 15350 SW SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 PORTLAND,OR 97224 •) •) 2S113AB01400 2S101DD00100 PACIFIC REALTY ASSOCIATES LP PAPE,SHIRLEY N& ATTIC•NPIVEN TOOKE,DIANP& 15350 SW SEQUOIA PKWY#300 PAPE,TERRANCE E PORTLAND,OR 97224 355 GOODPASTURE ISLAND RD EUGENE,OR 97440 2S113AC00101 1S135CB00200 PACIFIC REALTY ASSOCIATES LP PASCUZZIINVESTMENT LLC ATTN.:N PIVEN 10250 SW NORTH DAKOTA ST 15350 SE SEQUOIA PKWY#300 TIGARD,OR 97223 PORTLAND,OR 97224 2S112DD00200 2S1138A00400 PACIFIC REALTY ASSOCIATES LP PORTLAND SW CENTER LLC ATM:N PIVEN BY FELTON PROPERTIES INC 15350 SE SEQUOIA PKWY#300 ATTN.•FELTON,MATT PORTLAND,OR 97224 520 SW 6TII AVE,STE 610 PORTLAND,OR 97204 2S112DC00201 2S102BA00901 PACIFIC REALTY ASSOCIATES LP REA,KEN TRUST ATTN:NPIVEN BY REA,KEN TRUSTEE 15350 SW SEQUOIA PKWY#300 PO BOX 230365 PORTLAND,OR 97224 TIGARD,OR 97281 2S112AD01000 2S102AB01801 PACIFIC REALTY ASSOCIATES LP RISBERC SURVIVOR'S TRUST ATTN:N PIVEN BY KATHRYNE J RISBERG TR 15350 SW SEQUOIA PKWY#300 4210 IMPERIAL DR PORTLAND,OR 97224 WEST 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2S112DC01601 SOURCE PARTNERS LLC TIGARD,CITY OF PO BOX 230759 13125 SW HALL TIGARD,OR 97281 TIGARD,OR 97223 2S112AD00300 2S112AC01601 STEMS FAMILY HOLDINGS LLC TIGARD,CITY OF BYJOHNESMETS 13125SWHALL PO BOX 560 TIGARD,OR 97223 AURORA,OR 97002 2S101DD01100 2S112AC00801 SUMMIT PROPERTIES INC TIGARD,CITY OF 5550 SW MACADAM AVE,SUITE 205 13125 SW HALL PORTLAND,OR 97239 TIGARD,OR 97223 2SIOIDD00200 2S101DD00701 SUMMIT PROPERTIES INC TIGARD-TUALATIN SCHOOL 5550 SW MACADAM AVE,SUITE 205 DISTRICT 231 PORTLAND,OR 97239 6960 SW SANDBURG ST TIGARD,OR 97223 2S101DC04500 2S113BA00500 SUMMIT PROPERTIES INC TIGARD-TUALATIN SCHOOL DISTRICT 5550 SW MACADAM BLVD STE 205 6960 SW SANDB URG ST PORTLAND,OR 97201 TIGARD,OR 97223 1S135CB00300 1S135CB00900 TIEDEMAN CROSSING LLC TRI-MET METROPOLITAN TRANSPORTAT 11445 SW TIEDEMAN RD DISTRICT OF OREGON TIGARD,OR 97223 710 NE HOLLADAY AT PORTLAND,OR 97232 2S102BA00302 2S112AD00600 TIGARD INDUSTRIAL LLC UNION CENTRAL LIFE 5845 JEAN RD TREASURY SERVICES LAKE OSWEGO,OR 97035 ATTN:DIANE THOMAS PO BOX 888 CINCINNATI,OH 45240 2S102BA00304 2S112AD00200 TIGARD INDUSTRIAL LLC UNION PACIFIC RAILROAD CO 5845 JEAN RD 1700 FARNAM ST,10TH FL SOUTH LAKE OSWEGO,OR 97035 OMAHA,NE 68102 2S102BA00301 1S135CD15300 TIGARD INDUSTRIAL LLC UNION PACIFIC RAILROAD CO 5845 JEAN RD 1700 FARNHAM ST,10TH FL SOUTH LAKE OSWEGO,OR 97035 OMAHA,NE 68102 2S112AD01200 UNION PACIFIC RAILROAD COMPANY 1700 FARNAM ST,10TH FLOOR SOUTH OMAHA,NE 68102 2S113AB00200 VITA LAETA LLC 16045 SW UPPER BOONES FERRY RD TIGARD,OR 97224 2S1OIDD00101 WESTONINVESTMENT CO LLC 2154 NE BROADWAY,STE 200 PORTLAND,OR 97232 2S114AA00300 WH SHIPMAN LIMITED BY NORRIS 6•STEVENS INC 621 SW MORRISON STE 800 PORTLAND,OR 97205 25114AA00200 WH SHIPMAN LIMITED BY NORRIS&STEVENS INC 621 SW MORRISON STE 800 PORTLAND,OR 97205 2S101DC04601 WPC TIGARD LLC 307 LEWERS ST 6TH FL HONOLULU,HI 96815 2S101DC04603 WPC TIGARD LLC 307 LEWERS ST 6THFL HONOLULU,HI 96815 2S102AB01800 WRANLLC 9460 SW TIGARD ST TIGARD,OR 97223 15135CA00700 ZWINGLI,W SCOTT 11174 SW SUMMER LAKE DR TIGARD,OR 97223 City of Tigard g m 'a 13125 SW Hall Blvd. ''` '' Z • y.. ��'(. ®PITNEY BOWES TIGARD Tigard, Oregon 9?223 Y'r4e+*` 02 1M •rFy +.0 . 0004293344 MAY07 2013 *•`.�• t .# MAILED FROM ZIP CODE97223 2S112DC01400 IDS LLC CRITERION CREEKVIEW LLC ATTN JAMES A MEYER PO BOX 6525 BEAVERTON,OR 97007 NIXIE 970 FE 1009 0005 /10/13 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD RC: 972z Jni6I `9`.ti = 0229-09858- 07-47 (_�,tj ° 6 i• I iiIIf1,141Ii[�i�il�I�I7�ii��1�1I 11 III II till i I�Ill flli Ultlfl� - — INCity of Tigard r.#rxzi; • _ �o(�� �� 13125 SW Hall Blvd. y �' �;r ; `�+v EV BOWES TIGARD Ti and Ore on 97223 ��ffa 02 1M g g `. ry •,'� 0004293344 MAY07 2013 { f•'r' -MAILED FROM 2IPCODE 97223 2S112CD09100 DANCHOK INVESTMENT GROUP INC 19175 SW EASTSIDE RD LAKE OSWEGO,OR 97034 NIXIE 970 DE 1009 0005 /09/13 RETURN Tn SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 97223816799 *0229- 09836-07- 47 9 7 2 2 3 @S 1 6 ��I�sslis l�li tlillll�ll liiiss�lsll��I �il�lill�l�ll�Ill Mill City of Tigard 54A`es 13125 SW Hall Blvd. jai r y'cPt . :. , pTNEY BOWES I I G A R D Tigard, Oregon 97223 '{r24,: 02 1M $ 00.460 : : .. y1-td •,, , 0004293344 MAY07 2013 4V ' MAILED FROM ZIPCODE 97223 2S1010001100 FIELDS,FRED W REVOCABLE LIVING 1149 SW DAVENPORT PORTLAND,OR 97201 X 970 NEE 1009C11C0105 /09/13 FORWARD TIME EXP RTN TO SEND FIELDS 111 SW 5TH AVE STE 3675 PORTLAND OR 97204-3625 RETURN TO SENDER City of Tigard -ol""• `s" il Planning Division 'F- RTLIi{ ' ' _ 97471 �'r ',,. `-- _ a 13125 SW Hall Boulevard ...." ' TIGARD Tigard, Oregon 97223 ,.-:'.1 FEB,Writ •P'r4+. . ,„..,,,,:' ,.,.m..,,:m.'"'• FOREVER FIELDS, •EDW"_ 1149 S i IAVENPORT ••RTLAND,OR 97201 X 970 N7E 1 CI1C 00 02/24/13 FORWARD TIME EXP RTN TO SEND FIELDS 111 SW 5 TH 'AVE STE 3675 POORTI AN.n .OR P7-311.1-3.55.7c y� RETURN TO SENDER 9-72.C.,'' 44 1 Gam.7 Ilili iliiiliild iiiiliillili it i,,,11,liill i4.!,.1i1.11.1E11 City of Tigard P OR lanning Planning Division 13125 SW Hall Boulevardt Tigard, Oregon 97223 :21 fE : W3 o TIGARD FOREVER 2S112CD09100 DANCHOK INVESTMENT GROUP INC 19175 SW EASTSIDE RD LAKE OSWEGO OR 97034 NIXIE 970 SE 1 00 02/24/13 RETURN 'TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD } _: BC 97223816709 *1229-11045-21-3S -1__. - to 7 2 2 t"E t Ej4...�1 s n City of Tigard � • Planning Division IR—,..ANO 970. 114 13125 SW Hall Boulevard 21 FEB 20 3 PM i I ` Tigard, Oregon 97223 TIGARD FO 25712DC01400 JOS LLC CRITERION CREEKVIEW LLC ATTN JAMES A MEYER PO BOX 6525 BEAVERTON, OR 97007 NIXIE 970 SE 1 00 02/24/13 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNAE .E In FORWARD BC 97223816799 *1629-09494-21-35 l..I • • I, TIGARD PUBLIC HEARING ITEM: The following will be considered by the Tigard Planning Commission at a Public Hearing on Monday March 18,2013 at 7:00 PM at the Tigard Civic Center-Town Hall,13125 SW Hall Blvd.,Tigard,Oregon. Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The Planning Commission's review is for the purpose of making a recommendation to the City Council on the request. The Council will then hold a public hearing on the request prior to making a decision. Further information may be obtained from the City of Tigard Planning Division (Staff contact John Floyd)at 13125 SW Hall Blvd.,Tigard,Oregon 97223,by calling 503-718-2429 or by e-mail to johnfl@tigard-or.gov or by visiting the project website at www.tigard-or.gov/cws. DEVELOPMENT CODE AMENDMENT(DCA)2012-00003 -MASCO DEVELOPMENT CODE AMENDMENT- REQUEST: The amendment would alter Land Use Table 18.530.1(Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P:Industrial Park Zoning District. The complete text of the currently proposed amendments can be viewed on the City's website at http://www.tigard- or.gov/city_hall/public notices/ LOCATION: All properties located within the I-P:Industrial Park Zoning District ZONES: I-P:Industrial Park Zoning District COMP PLAN:Light Industrial APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,&9;Metro Title 4; Comprehensive Plan Policies 2.1.3,2.1.7,9.1.2,9.13,&9.1.7;and Community Development Code Chapters 18380, 18.390,&18.530. OREGONIAN PUBLISH DATE:MARCH 8,2013 • • c !kcgonian Hzl.issORORGUs FOREST GROVE Oregon Live.com LEADER 1320 S.W. Broadway, Portland, OR 97201-3499 Affidavit of Publication I, G■ Hatter ,duly sworn depose and say that 1 am the Principal Clerk Of The Publisher of The Oregonian,a newspaper of general circulation,as defined by ORS 193.010 and 193.020,published in the city of Portland, in Multnomah County,Oregon;that the advertisement was published without interruption in the entire and regular issue of The Oregonian or the issue on the following date(s): 3/8/2013 Principal Clerk of the Publisher: 3-// - /3 Subscribed and sworn to before me this date: Z ///f Cam' /'�,D � . 4.n.a .Y Notary: Ad Order Number: 0003449459 2` ,r OFFICIAL SEAL fJ CHRISTINE D CASSEL (i NOTARY PUBLIC-OREGON l) 4k' or- COMMISSION NO.468251 O `MY COMMISSION EXPIRES MAY 27.2016 O • • AFFIDAVIT OF MAILING I, Christine Wiley, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City o 'Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) ❑x NOTICE OF PUBLIC HEARING FOR:cY DCA 2012-00003 (MASCO Development Code Amendment) — PROPERTY OWNERS ❑ AMENDED NOTICE (File No./Name Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission March 18,2013 ❑ Tigard City Council A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) marked EYhibit'B", and by reference made a part hereof, on February 21,2013, and deposited in the United States Mail on February 21,2013,postage prepaid. (Person that Pre ed Mailing) STATE OAF OXEGON ) County of Washington )ss. City ofEgan! ) Subscribed and sworn/affirmed before me on the day of ivs/ , 2013. sl" OFFICIAL SEAL y SHIRLEY LINEN Y P t r MOTARYPueLIC-OREAON 11611 PUBLIC F RE60N MY COMMISSION� EX�PIR S JJUULY�06.2015 i FM Commission Expires: 7 (41 f 5� Ballot measure 56,adopted by the yotlin 1998,and codified in ORS 227.186,req the following language in this notice: IThis is to notify you that the City of Tigard has proposed a land use regulation that may affect the permissible uses of your property and other properties. NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SET FR THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, III IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BEFORE THE PLANNING COMMISSION. MONDAY, MARCH 18.2013 AT 7:00 PM and THE CITY COUNCIL ON A DATE TO BE DETERMINED. THE PUBLIC HEARINGS WILL BE CONDUCTED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD,TIGARD, OREGON 97223. THESE HEARINGS ARE FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. THE CITY HAS DETERMINED THAT ADOPTION OF THE CODE AMENDMENT ORDINANCE MAY AFFECT THE PERMISSIBLE USES OF YOUR PROPERTY,AND OTHER PROPERTIES IN THE AFFECTED ZONES,AND MAY CHANGE THE VALUE OF YOUR PROPERTY. Why did I get this notice?: Our records indicate that you own property within the I-P: Industrial Park Zoning District.A property owner within Tigard has initiated a Development Code Amendment that would make building contractors and other businesses performing services off-site a permitted land use within the I-P Zoning District, potentially expanding the range of permissible uses of your property or properties. FILE NOS.: DEVELOPMENT CODE AMENDMENT (DCA) 2012-00003 FILE TITLE: MASCO DEVELOPMENT CODE AMENDMENT APPLICANT: Masco Administrative Services, 260 Jimmy Ann Drive, Daytona Beach, Florida 32114 REQUEST: The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. The complete text of the currently proposed amendments can be viewed on the City's website at http://www.tigard-or.gov/city_hall/public_notices/ LOCATION: All properties located within the I-P: Industrial Park Zoning District ZONE: I-P: Industrial Park Zoning District COMP PLAN: Light Industrial APPLICABLE Statewide Planning Goals 1, 2, & 9; Metro Title 4; Comprehensive Plan Policies 2.1.3, 2.1.7, 9.1.2, REVIEW 9.1.3, &9.1.7;and Community Development Code Chapters 18.380, 18.390,& 18.530. CRITERIA: • THE PUBLIC HEARING ON THIS MA 1ThR WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRIII'LN TESTIMONY IS INVII'LD. ANYONE WISHING TO PRESENT WRI1'1'LN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRI1'1'LN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DA 1..h. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25t) PER PAGE, OR THE CURRENT RAIL CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION OR TO OBTAIN A COPY OF THE PROPOSED AMENDMENTS, PLEASE CONTACT STAFF PLANNER JOHN FLOYD AT 503-718-2429 (TIGARD CITY HALL, 13125 SW HALL BOULEVARD,TIGARD, OREGON 97223) OR BY EMAIL TO johnfl@tigard-or.gov. • • 2S102AB01900 2S113B000600 ALLRED LIMITED PARTNERSHIP CLEAN WATER SERVICES PO BOX 23144 A7TN:ACCOUNTS PAYABLE TIGARD,OR 97281 2550 SW HILLSBORO HWY HILLSBORO,OR 97123 2S102AB01902 2S1I4AA00400 ALLRED LIMITED PARTNERSHIP CLEAN WATER SERVICES PO BOX 23144 2550 SW HILLSBORO HWY TIGARD,OR 97281 HILLSBORO,OR 97123 2S112ACO2400 2S114AA00500 ALPHA LIMITED PARTNERSHIP CLEAN WATER SERVICES 14725 SW 72ND 2550 SW HILLSBORO HWY TIGARD,OR 97224 HILLSBORO,OR 97123 2S102BA00303 2S113BA00600 ANDREWS MANAGEMENT LTD CLEAN WATER SERVICES TIGARD INDUSTRIAL LLC 2550 SW HILLSBORO HWY 5845 JEAN RD HILLSBORO,OR 97123 LAKE OSWEGO,OR 97035 2S112AC00600 2S114AA00600 BEALES,ALAN K&SUSAN R TRUST CLEAN WATER SERVICES BY BEALES,ALAN K&SUSAN R TRS 2550 SW HILLSBORO HWY 2126 MAGELLAN DR HILLSBORO,OR 97123 OAKLAND,CA 94611 2S112AC00700 2S114AD00300 BEALES,ALAN K&SUSAN R TRUST CLEAN WATER SERVICES BY BEALES,ALAN K&SUSAN R TRS 2550 SW HILLSBORO HWY 2126 MAGELLAN DR HILLSBORO,OR 97123 OAKLAND,CA 94611 25112AC00800 2S102BB00100 BEALES,ALAN K&SUSAN R TRUST CRESS,SCOTT B AND DANA B BY BEALES,ALAN K&SUSAN R TRS 9966 SW KATHERINE STREET 2126 MAGELLAN DR TIGARD,OR 97223 OAKLAND,CA 94611 2S112DC01600 2S112CD09100 BOWLES,JOHN B LIVING TRUST DANCHOK INVESTMENT GROUP INC BOWLES,MARGARET R LIVING TRUST 19175 SW EASTSIDE RD BY BOWLES,JOHN B&MARGARET R T LAKE OSWEGO,OR 97034 8986 SW ARAPAHO RD TUALATIN,OR 97062 2S112DB00200 2S102AB01901 BROOKS&PITTMAN RENTALS DAVIDSON,WILLIAM G&DIXIE L 15255 SW 72ND AVE 8915 SW COMMERCIAL ST PORTLAND,OR 97224 TIGARD,OR 97223 2S101DD00300 2S112DC01500 CJH LLC DEC INVESTMENTS LLC 23643 SW STAFFORD HILLS DR DEC II INVESTMENTS LLC WEST LINN,OR 97068 BY C&R REAL ESTATE SERVICES,CO 1440 SW TAYLOR PORTLAND,OR 97205 • • 25113AB00800 2S113AB00500 DUNCAN,JOHN ARTHUR&JANICE LEE G&S FC LLC 9929 NW UPTON CT 16083 SW UPPER BOONES FERRY RD,STE PORTLAND,OR 97229 TIGARD,OR 97224 2S113AB01600 1S135CB00400 DUNCAN,JOHN ARTHUR&JANICE LEE GABRIEL INVESTMENT LLC 9929 NW UPTON CT 10250 SW NORTH DAKOTA ST PORTLAND,OR 97229 TIGARD,OR 97223 25113B000400 IS135CB00500 DURHAM I LLC GABRIEL INVESTMENT LLC 8100 SW DURHAM RD 10250 SW NORTH DAKOTA ST TIGARD,OR 97224 TIGARD,OR 97223 2S1138000500 2S113AB00700 DURHAM II LLC GREEN PRAIRIE LLC 8100 SW DURHAM RD 500 E BROADWAY,STE 110 TIGARD,OR 97244 VANCOUVER,WA 98660 2S102BA01190 2S113AB01000 ELKINS,ALVIN S TR GREEN PRAIRIE LLC ELKINS,ERNEST TR 500 E BROADWAY,STE 110 30490 SW ROGUE LN#3112 VANCOUVER,WA 98660 WILSONVILLE,OR 97070 2S102BA00501 2S102BA01000 ELLIOTT,JAMES R&SHERRY D GREEN VALLEY DEVELOPMENT LLC PO BOX 570 BY GARY HELMER EAGLE CREEK,OR 97022 10585 SW WALNUT ST TIGARD,OR 97223 2S112ACO2800 2S102BA01100 FANNO CREEK ACRES LLC HADLEY,JOHN W& 14865 SW 74TH AVE STE 300 HADLEY,BARBARA A TIGARD,OR 97223 12220 SW GRANT AVE TIGARD,OR 97223 251010001100 2S112AD00900 FIFI IIS,FRED W REVOCABLE LIVING HD DEVELOPMENT OF MARYLAND,INC 1149 SW DAVENPORT BY HOME DEPOT USA,INC PORTLAND,OR 97201 PROPERTY TAX DEPT#4002 PO BOX 105842 ATLANTA,GA 30348 2S101CA00100 2S101DD00702 FIELDS,FRED W REVOCABLE LIVING HDG LP 1149 SW DAVENPORT 13212 NE 16TH ST#212 PORTLAND,OR 97201 BELLEVUE,WA 98005 2S1028B00201 2S102BA00900 FLEMING,PASQUALINA TRUSTEE HOLSCHER,MICHAEL E&LAREE 10060 SW KATHERINE PO BOX 230397 TIGARD,OR 97223 TIGARD,OR 97281 • • 251720800700 2S101DC04602 HUEWE,ERIC I,JENNIFER E MCCORMACK PROPERTIES LP 1199 FAIRWAY RD 7190 SW SANDBURG ST LAKE OSWEGO,OR 97034 TIGARD,OR 97223 2S112AC01700 2S101DC03800 INTERSTATE DEVELOPMENT LLC MCCORMACK PROPERTIES LP 15065 SW 74THAVE 7190 SW SANDBURG ST PORTLAND,OR 97224 TIGARD,OR 97223 2S112DB00500 2S112ACO2900 INTERSTATE DEVELOPMENT LLC METRO BY MIKE SATRAN ATTN OFFICE OF THE METRO ATTORNEY 15065 SW 74TH AVE 600 NE GRAND AVE PORTLAND,OR 97224 PORTLAND,OR 97232 2S102BA00500 2S112AC03100 JACKSON,PAUL R&SIMONE D METRO 10250 TIGARD ST ATTN OFFICE OF THE METRO ATTORNEY TIGARD,OR 97223 600 NE GRAND AVE PORTLAND,OR 97232 2S112DC01400 2S113BA00200 JDS LLC METZGER VENTURES,LLC CRITERION CREEKVIEW LLC PO BOX 400 ATTN JAMES A MEYER SHERWOOD,OR 97140 PO BOX 6525 BEAVERTON,OR 97007 2S113BA00100 2S112DB00600 JOHNSON,CARL H TRUST MEYER,DENNIS G&MARYELIZABETH JOHNSON,FAMILY CREDIT SHELTER TRUS 15205 SW 74TH AVE 16030 SW QUEEN VICTORIA PL TIGARD,OR 97224 KING CITY,OR 97224 2S112DB00800 2S112AC03000 JOHNSON,ORVAL&JEAN LIVING TRU MJR INVESTMENTS LLC REICHEL,DAVID L 12665 SW 69TH AVE PO BOX 967 TIGARD,OR 97223 SHERWOOD,OR 97140 2510213B00300 1S135CC04000 KING,JEFFREY H&SUSAN E MPI SKIFF LLC 10080 SW KATHERINE ST BY NED MCCALL TIGARD,OR 97223 5480 NW FRONT AVE PORTLAND,OR 97210 1S135CB00700 25102BA00600 MCCALL OIL MULL,GREGOR Y S AND CHEMICAL CORPORATION MULL,GEORGE E BY NED MCCALL 19350 SW POMONA DR 5480 NW FRONT AVE BEAVERTON,OR 97007 PORTLAND,OR 97210 15135CB00600 1S135CB00100 MCCALL PROPERTIES LLC NATIONAL SAFETY COMPANY BY NED MCCALL 17010 SW WEIR RD 5480 NW FRONT AVE BEAVERTON,OR 97007 PORTLAND,OR 97210 • • 1S135CB00101 2S112DC00701 NATIONAL SAFETY COMPANY PACIFIC REALTY ASSOCIATES 17010 SW WEIR RD ATTIC•N PIVEN BEAVERTON,OR 97007 15350 SE SEQUOIA PKWY#300 PORTLAND,OR 97224 2S113AB00300 2S111DA01100 OREGON STATE BAR,THE PACIFIC REALTY ASSOCIATES 16037 SW UPPER BOONES FERRY RD ATTN:NPIVEN TIGARD,OR 97224 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 IS73SCB00800 2S112DA01200 OREGON,STATE OF PACIFIC REALTY ASSOCIATES DEPT OF TRANSPORTATION ATTN:N PIVEN RIGHT OF WAY SECTION 15350 SW SEQUOIA PKWY#300 355 CAPITOL STREET NE,RM 420 PORTLAND,OR 97224 SALEM,OR 97301 2S712AD01100 2SI12DA01000 PACA PROPERTIES LLC PACIFIC REALTY ASSOCIATES 6600 SW BONITA RD ATTN:N PIVEN TIGARD,OR 97224 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 2S112DD01500 2S112DA00300 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES ATTN:N PIVEN ATTN:N PIVEN 15350 SW SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 PORTLAND,OR 97224 2S112AD01300 2S112DA01300 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES ATTN:NPIVEN ATTN:NPIVEN 15350 SW SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 PORTLAND,OR 97224 2S112DD00700 2S112DA01400 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES ATTN:N PIVEN ATTN:N PIVEN 15350 SE SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 PORTLAND,OR 97224 2S113AC00102 2SII2DA00600 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES ATTN:N PIVEN ATTN:N PIVEN 15350 SE SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 PORTLAND,OR 97224 2S113AC00103 2S112DD01600 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES ATTN:NPIVEN ATTN:NPIVEN 15350 SE SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 PORTLAND,OR 97224 2S112DC00500 25112DD01601 PACIFIC REALTY ASSOCIATES PACIFIC REALTY ASSOCIATES ATTN:N PIVEN ATTN:N PIVEN 15350 SW SEQUOIA PKWY#300 15350 SW SEQUOIA PKWY#300 PORTLAND,OR 97224 PORTLAND,OR 97224 • • 2S113AB01400 2S10IDD00100 PACIFIC REALTY ASSOCIATES LP PAPE,SHIRLEY N& ATTN•NPIVEN TOOKE,DIAN P& 15350 SW SEQUOIA PKWY#300 PAPE,TERRANCE E PORTLAND,OR 97224 355 GOODPASTURE ISLAND RD EUGENE,OR 97440 2S113AC00107 15135CB00200 PACIFIC REALTY ASSOCIATES LP PASCUZZI INVESTMENT LLC ATTN.:NPIVEN 10250 SW NORTH DAKOTA ST 15350 SE SEQUOIA PKWY#300 TIGARD,OR 97223 PORTLAND,OR 97224 25112DD00200 2S113BA00400 PACIFIC REALTY ASSOCIATES LP PORTLAND SW CENTER LLC ATTIC•NPIVEN BY FELTON PROPERTIES INC 15350 SE SEQUOIA PKWY#300 ATTIC•FELTON,MATT PORTLAND,OR 97224 520 SW 6TH AVE,STE 610 PORTLAND,OR 97204 2S112DC00201 2S102BA00901 PACIFIC REALTY ASSOCIATES LP REA,KEN TRUST A7TN N PIVEN BY REA,KEN TRUSTEE 15350 SW SEQUOIA PKWY#300 PO BOX 230365 PORTLAND,OR 97224 TIGARD,OR 97281 2S112AD01000 2S102AB01801 PACIFIC REALTY ASSOCIATES LP RISBERG SURVIVOR'S TRUST A77 N:NPIVEN BY KATHRYNE J RISBERG TR 15350 SW SEQUOIA PKWY#300 4210 IMPERIAL DR PORTLAND,OR 97224 WEST LINK,OR 97068 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ATTN:DIANE THOMAS PO BOX 888 CINCINNATI,OH 45290 2S102BA00304 2S112AD00200 TIGARD INDUSTRIAL LLC UNION PACIFIC RAILROAD CO 5845 JEAN RD 1700 FARNAM ST,10TH FL SOUTH LAKE OSWEGO,OR 97035 OMAHA,NE 68102 2S102BA00301 1S135CD15300 TIGARD INDUSTRIAL LLC UNION PACIFIC RAILROAD CO 5845 JEAN RD 1700 FARNHAM ST,10TH FL SOUTH LAKE OSWEGO,OR 97035 OMAHA,NE 68102 • • 2S112AD01200 UNION PACIFIC RAILROAD COMPANY 1700 FARNAM ST,10TH FLOOR SOUTH OMAHA,NE 68102 25113AB00200 VITA LAETA LLC 16045 SW UPPER BOONES FERRY RD TIGARD,OR 97224 2SI01DD00101 WESTONINVESTMENT CO LLC 2154 NE BROADWAY,STE 200 PORTLAND,OR 97232 2S114AA00300 WH SHIPMAN LIMITED BY NORRIS&STEVENS INC 621 SW MORRISON STE 800 PORTLAND,OR 97205 2S114AA00200 WH SHIPMAN LIMITED BY NORRIS&STEVENS INC 621 SW MORRISON STE 800 PORTLAND,OR 97205 2S101DC04601 WPC TIGARD LLC 307 LE WERS ST 6TH FL HONOLULU,HI 96815 2S101DC04603 WPC TIGARD LLC 307 LEWERS ST 6TH FL HONOLULU,HI 96815 2S102AB01800 WRANLLC 9460 SW TIGARD ST TIGARD,OR 97223 1S135CA00700 ZWINGLI,W SCOTT 11174 SW SUMMER LAKE DR TIGARD,OR 97223 • • AFFIDAVIT OF MAILING • TIGARD I, Christine Wiley, being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of'Tigard, Washington County, Oregon and that I served the following: (Chock Appropriate Box(s)Below} ❑x NOTICE OF PUBLIC NEARING FOR: DCA 2012-00003 (MASCO Development Code Amendment) — AGENCIES & INTERESTED PARTIES AMENDED NOTICE (File No./Name Reference) HEARING BODY: HEARING DATE: ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ® Tigard Planning Commission March 18.2013 ❑ Tigard City Council A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) marked Exhibit"B", and by reference made a part hereof, on February 21,2013, and deposited in the United States Mail on February 21,2013, postage prepaid. (Person t at repared Mailing) yt qE OE OREGON ) County of Washington )ss. City of Tigard ) Mt' Subscribed and sworn/affirmed before me on the �S day of r---e6ei.C412 '/ , 2013. ` �,'Nk OFFICIALSEALi a:=a.r. lFNALEY L TREAT \.r / ROTARY PUBLIC•OFEQON COMMISSION NO 45984. My Commission Expires: 7(f� (Ls 9 MY COMMISSION EXPIRES JULY OS,20IS • • NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SRI.i F,R THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICI IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER TIGARD PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT PUBLIC III:.\RINGS WILL BE HELD BEFORE THE TIGARD PLANNING COMMISSION ON MONDAY.MARCH 18, 2013,AT 7:00 PM. THE PUBLIC HEARING WILL BE CONDUC 1'ED IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. THIS HEARING IS FOR THE PURPOSE OF RECEIVING TESTIMONY FROM THE PUBLIC. FILE NO.: DEVELOPMENT CODE AMENDMENT (DCA) 2012-00003 FILE TITLE: MASCO DEVELOPMENT CODE AMENDMENT APPLICANT: Masco Administrative Services 260 Jimmy Ann Drive Daytona Beach, Florida 32114 REQUEST: The amendment would alter Land Use Table 18.530.1 (Industrial Zones) to change Industrial Services from a prohibited land use to a restricted land use within the I-P: Industrial Park Zoning District. The complete text of the currently proposed amendments can be viewed on the City's website at http://www.tigard-or.gov/city_hall/public_notices/ LOCATION: All properties located within the I-P: Industrial Park Zoning District ZONES: I-P: Industrial Park Zoning District COMP PLAN: Light Industrial APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, & 9; Metro Title 4; Comprehensive Plan Policies 2.1.3, 2.1.7, 9.1.2, 9.1.3,&9.1.7;and Community Development Code Chapters 18.380, 18.390,& 18.530. THE PUBLIC HEARINGS ON THIS MA ITER WILL BE CONDUC TED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390.060.E OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD PLANNING COMMISSION AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE IN 1'ERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL 503-639-4171, EXT. 2438 (VOICE) OR 503-684-2772 (IDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRIT 1EN IMONY IS INVITED. ANYONE ING TO PRESENT WRIITEN TESTIMONY ON THIS PROPOS ACTION MAY DO SO IN WRITI RIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE PLANNING COMMISSION WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRIFLEN TESTIMONY. THE PLANNING COMMISSION MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE ITEM AT A LATER DATE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NO1LD FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE, OR THE CURRENT RAFE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING,A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25G) PER PAGE,OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT ASSOCIATE PLANNER JOHN FLOYD AT 503-718-2429; BY MAIL AT TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223; OR BY EMAIL TO johnfl(a,tigard-or.gov. • • 1 ®DLCD Notice of Proposed Amendment or ❑Periodic Review work Task Proposed Hearing or ❑Urban Growth Boundary or Urban Reserve Area THIS COMPLETED FORM,including the text of the amendment and any supplemental information,must be submitted to DLCD's Salem office at least 35 DAYS PRIOR TO THE FIRST EVIDENTIARY HEARING ORS 197.610,OAR 660-018-0020 and OAR 660-025-0080 Jurisdiction: City of Tigard Date of First Evidentiary Hearing: 03/18/2013 Local File Number: DCA2012-00003 Date of Final Hearing: Is this a REVISION to a previously submitted proposal? ® No ❑ Yes Original submittal date: ❑ Comprehensive Plan Text Amendment(s) ❑ Comprehensive Plan Map Amendment(s) • Land Use Regulation Amendment(s) ❑ Zoning Map Amendment(s) ❑ Transportation System Plan Amendment(s) ❑ Urban Growth Boundary Amendment(s) ❑ Periodic Review Work Task Number ❑ Urban Reserve Area Amendment(s) ❑ Other(please describe): Briefly Summarize Proposal in plain language IN THIS SPACE(maximum 500 characters): Text amendment to the Tigard Development Code to allow contractors as a restricted use in the I-P: Industrial Park Zoning District. Has sufficient information been included to advise DLCD of the effect of proposal? ®Yes,text is included • Are Map changes included: minimum 8%"x11"color maps of Current and Proposed designations. ❑ Yes, Maps included Plan map change from: n/a To: n/a Zone map change from:n/a To: n/a Location of property(Site address and TRS): Citywide Previous density range:n/a New density range: n/a Acres involved: Citywide Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ® ® ❑ ❑ ❑ ❑ ❑ ❑ ® 7 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Is an exception to a statewide planning goal proposed? ❑ YES ® NO Goal(s): Affected state or federal agencies, local governments or special districts(It is jurisdiction's responsibility to notify these agencies. Oregon Department of Transportation,Washington County,Clean Water Services,and Tualatin Valley Fire& Rescue. Local Contact person(name and title): John Floyd,Associate Planner Phone: 503-718-2429 Extension: Address: City of Tigard, 13125 SW Hall Blvd City: Tigard Zip: 97223- Fax Number: E-mail Address: johnfl@tigard-or.gov -FOR DLCD internal use only- DLCD File No SUBMITTAL INSTRUCTIAS This form must be submitted to DLCD at least 35 days prior to the first evidentiary hearing. per ORS 197.610, OAR Chapter 660,Division 18 and OAR Chapter 660, Division 25 1. This Form 1 must be submitted by a local jurisdiction. Individuals and organizations may not submit a comprehensive plan amendment for review or acknowledgment. 2. When submitting a plan amendment proposal,please print a completed copy of Form 1 on light green paper if available. 3. Text: Submittal of a proposed amendment to the text of a comprehensive plan or land use regulation must include the text of the amendment and any other information necessary to advise DLCD of the effect of the proposal. "Text"means the specific language proposed to be amended, added to or deleted from the currently acknowledged plan or land use regulation. A general description of the proposal is not adequate. Please submit Form 1 with ALL supporting documentation. 4. Maps: Submittal of a proposed map amendment must also include a map of the affected area showing existing and proposed plan and zone designations. The map must be legible, in color if applicable and printed on paper no smaller than 8'h x 11 inches. Please provide the specific location of property: include the site address (es)and Township/Range/Section/tax lot number. Include text regarding background,justification for the change, and the application if there was one accepted by the local government. 5. Exceptions: Submittal of proposed amendments that involve a goal exception must include the proposed language of the exception. 6. Unless exempt by ORS 197.610(2), proposed amendments must be submitted to DLCD's Salem office at least 35 days before the first evidentiary hearing on the proposal. The 35 days begins the day of the postmark, or, if submitted by means other than US Postal Service, on the day DLCD receives the proposal in the Salem Office. The first evidentiary hearing is typically the first public hearing held by the jurisdiction's planning commission on the proposal. 7. Submit one paper copy of the proposed amendment including the text of the amendment and any supplemental information and maps(for maps see #4 above). 8. Please mail the proposed amendment packet to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 9. Need More Copies? Please print forms on 81/4 x11 green paper if available. If you have any questions or would like assistance,please contact your DLCD regional representative or contact the DLCD Salem Office at (503) 373-0050 x238 or e-mail plan.amendments(a,state.or.us. http://www.oregon.gov/LCD/forms.shtml Updated February 14,2012 CITY OF TIGARD DEVELOPMENT CODE AMENDMENT APPLICATION November 14, 2012 Applicant: Masco Administrative Services/Builders Services Group Patrick Champagne 260 Jimmy Ann Drive Daytona Beach FL 32114 Representative: TM Rippey Consulting Engineers Lans Stout,Planning Consultant 7650 SW Beveland St. #100 Tigard OR 97223 503-443-3900 Background: This is an application to amend the Tigard Development Code, Section 18.530, Table 18.530.1, to allow Industrial Services as a restricted use in the IP zone. The restrictions would limit these uses to"Contractors and others who provide services off-site" as defined elsewhere in the Code, and would further require that all activities except for vehicle parking would be within a building. This amendment will apply to all property in the City of Tigard that is zoned I-P. The application is presented to address a specific situation relative to a site which has been leased by the applicant for use by its subsidiary Builders Services Group,which is a contractor as well as wholesaler of construction supplies. The Code amendment is proposed to address this issue as well as several other similar situations of which the applicant's representative is aware, and will thereby correct an oversight in the Code as a whole. This proposal, with the included limitations, will allow contractors in the I-P zone that are compatible with the office character of such areas through preventing outside storage of materials and other activities which are more suited to other industrial areas. This approach will allow contractors as a business, which are similar to existing allowed businesses in the office and wholesale categories that are already allowed in the I-P zone. The Proposal: Table 18.530.1,revise the Industrial Services line to replace"N" with "R-4,15". Note 4 currently is in place and states"Permitted if all activities, except employee and customer parking, are wholly contained with a building(s)."Note 15 is a new note to read"Limited to contractors and others that perform services off-site". 1 • Criteria and Findings: Section 18.390.060.G of the code provides the"considerations" for a recommendation and decision on a Type IV application. Each is identified and analyzed as follows: 1. The Statewide Planning Goals and Guidelines. Goal 1 —Citizen Involvement This goal outlines general procedures for citizen involvement in the plan and ordinance adoption and amendment process. The Tigard Development Code includes provisions which have been acknowledged by the LCDC as being compliant with this goal, and their enforcement will ensure Goal compliance in the proceedings. Since this is a legislative process that affects all property zoned I-P,the City will publish notices in the newspaper and through normal agency and neighborhood notification methods, prior to each public hearing. The hearings will provide the opportunity for comments, and the participants will have the right to appeal the decision. These steps will result in compliance with Statewide Goal 1. Goal 2—Land Use Planning As noted above, LCDC has acknowledged that the City of Tigard Comprehensive Plan and implementing ordinances comply with the Statewide Planning Goals. Since Goal 2 establishes the planning processes and policies,which are not effected by this code amendment, the proposal will not effect their continued compliance. Goal 9—Economic Development This goal and its policies ensure that local regulations provide opportunities for economic activities and the health of the economy. This proposal explicitly implements the goal through allowing business in the I-P zone that is compatible with other provisions of the ' Comprehensive Plan and Development Code. Without this code amendment a significant opportunity for business location in Tigard would not be possible. The remaining Statewide Planning goals do not apply to this application since they relate to other specific areas to be considered in the comprehensive planning process rather than to the procedural and economic considerations which are applicable to this application. 2.Federal or state statutes Federal statutes are generally broad and not directed to this type of local action, and it is clear that none apply to the case at hand. State statutes that may have applicability to this application are those within the jurisdiction of the Department of Land Conservation and Development. Of those, the Statewide Planning goals are most applicable and are addressed above. The other applicable rules are contained in OAR 660-012, relating to transportation. Within this regulation, only the provisions related to amendments to other plans and codes as provided by section 660-012-0060 apply to this proposal. This section provides that if an amendment to an existing land use regulation would significantly affect a transportation facility, the local jurisdiction must put in place 2 • • certain measures. "Significantly" is defined as a change in the functional classification of an existing or planned facility, a change in implementing standards, or increase traffic to the extent of creating access or capacity conflicts. In the case of this proposed change, the addition of contractors' offices as a restricted use will not introduce uses which are not anticipated by the transportation system because the IP zone already allows contractors offices as an office use provided that over 50% of floor area occupancy in office. A contractor office that would be allowed as a result of this proposal would have less than 50% of floor area in office use and therefore would have a lower traffic demand than those already allowed. 3.Any applicable METRO regulations Metro's Urban Growth Management Functional Plan establishes the methods for local implementation of the Regional Urban Growth Goals and Objectives. The Functional Plan includes fourteen Titles which address various aspects of regional and local planning. Of these, only Title 4, relating to Industrial and Other Employment Areas applies to this application. Title 4 establishes Regionally Significant Industrial Areas, Employment Areas, and Industrial Areas. Within the City of Tigard none of the existing IP zoned area is within a Regionally Significant Industrial Area, but some IP zoned land is classified as Employment and Industrial. Sections 3.07.430 and 3.07.440 respectively address the protection of these areas for industrial uses. In each case the intent of the protection provisions are to avoid establishment of retail uses which would compromise the amount and/or quality of the industrial opportunities. Since this application would allow only contractors offices in the IP zone,this change will not conflict with the Title 4 provisions. 4. Any Applicable Comprehensive Plan Policies The Tigard Comprehensive Plan includes a number of goals and policies, of which several are applicable to this application. Citizen Involvement. The Citizen Involvement section of the Plan includes several goals and policies related to ensuring that Tigard residents has access to the decision making process. These statements and action items have been found to be consistent with the Statewide Planning Goal and the implementing provisions in the Development Code will be applied by the city during the review of this application. These steps will result in proper implementation of the applicable goals and policies related to this application. Land Use Planning. The first section of this chapter of the Comprehensive Plan addresses the establishment of the planning process and maintenance of the implementing documents, as required by Statewide Goal 2. The majority of the policies and action steps relate to City initiated procedures rather than to individual applications. Several policies do address the review of applications to amend the Comprehensive Plan Map and Zoning Map, but these are not applicable to the proposed Development Code amendment. Therefore, the provisions of this section of the Comprehensive Plan apply only in a very general sense, and implementation of the process provided by the Development Code will ensure compliance. 3 • • The sections addressing Natural Resources and Historic Areas;Environmental Quality;Hazards; and Parks, Trails and Open Space do not apply to this application since they do not have provisions related to the range of uses allowed in specific zones. Economic Development. The economic development goals and policies implement Statewide Goal 9 as well as the related Metro Functional Plan goals. Many of these policies and action steps are directed toward specific things the city will do in order to maintain a healthy economy, but several are applicable to the proposed IP zone amendment. Goal 9.1;Policy 2 is a statement of intent to encourage family wage job creation and maintenance. The proposed IP zone amendment will implement this policy through providing additional opportunities for employment related to construction which otherwise would be restricted. Goal 9.1;Policy 3 indicates an intent to maintain flexibility in regulations which promote economic development. Approval of this IP zone amendment would acknowledge and implement this policy by making a change which will increase employment opportunities. Goal 9.1;Policy 7 states an intent to promote actions which result in better utilization of industrial areas. This policy is implemented by adding an additional restricted use in the IP zone, which clearly is needed and opportunistic in addressing currently available opportunities. The sections addressing Housing; Public Facilities; Transportation;Urbanization; and Special Planning Areas do not apply to this application since they address specific aspects of the Comprehensive Planning process not related to uses in the IP zone. 5.Any applicable provisions of the ciry's implementing ordinances The Development Code is the applicable implementing ordinance for land use actions, and some sections do apply to this application. 18.130.070(C) defines Industrial Services and indicates that contractors are included in this category. Subsection 4(a)indicates that contractors are classified as "office" if storage is less than 50% of the occupied floor area and there is not on-site fabrication. 18.380.020(A) provides that amendments to the text of the code shall be reviewed as a Type IV procedure. This application is made accordingly. 18.390.060 defines the process and required findings for a Type IV application. The City's procedural steps are in compliance with this section of the code, and this narrative along with other contents of the application are consistent with the applicable requirements, including these findings which address the criteria for approval. 18.530.030, and specifically Table 18.530.1, defines the uses allowed in the IP zone. Contractors, because they are included primarily in the Industrial Services category, are not allowed. This application will change the table to allow Industrial Services as a Restricted Use, for contractors' offices, as described elsewhere in this narrative. It is noted that this table shows Offices as a permitted use in the IP zone,which is the category applicable to contractors' offices provided that less than 50%of the floor area is used for storage. 4 This refinement of the permitted uses listed in.Table 18,530.1 is consistent with the purpose statements of Section 18.530. Subsection A states that one purpose is to "Provide a range of industrial services for city residents". Allowing contractors' offices as described will achieve this purpose through increasing opportunities for employment in these areas. Subsection B indicates that an additional purpose of the industrial zones is to facilitate economic goals, which as described above is also achieved by this proposed revision.. Summary Statement: This application will narrowly expand the permitted uses in the IP zone in order to address a recurring issue in the ability for contractors' offices to locate in such areas.The facility impact of this change is insignificant because such offices in which office floor area is over 50%of the total occupied are already allowed. Similarly, the functional and aesthetic qualities of the IP zone are maintained since the use will be restricted to prevent outside storage of materials. The preceding narrative shows that all criteria for approval for this application have been met. 5 U.S. Postal Servicem CERTIFIED MAILT«, RECEIPT '0 {Domestic Mail Only;No Insurance Coverage Provided) al For delivery informationL� visit our website at www.usps.com046. .. m F L USE r '�Jo�►� Postage S Certified Fee 0.46 (ma-- G7o �,1:3Return Receipt Fee 3.10 (F�dorsemeM Required) GGRestricted Delivery Fee2.55 p {� (Endorsement Required) a▪l e&Fees $ Total Postag 6.11 a� ru Sent Torg ATTN PLAN AMEND SPECo s 17 Seee4 apt Al; DLCD N or PO Box No. .1 635 CAPITOL ST NE STE 150 ..._-__---. ay,State,ziw4 SALEM OR 97301-2540 PS Form 3800,August 2006 See Reverse for Instructions APPLICANT MATERIALS • • • PRE-APP.HELD BY: ipli . " CITY OF TIGARD PLANNING DIVISION LAND USE PERMIT APPLICATION City of Tigard Permit Center 13125 SU/Hall Bird., Tigard, OR 97223 TIGARD Phone: 503.639.4171 Fax.:503.598.1960 File# DC 4.,p f..t'Ujn./3 Other Case# Date _11 l ''"a- By -. / - Receipt# Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(I or II) El Minor Land Partition(II) ❑Zone Change(III) ❑Comprehensive Plan Amendment(IV) El Planned Development(III) ❑ Zone Change Annexation(IV) ❑Conditional Use(III) ❑Sensitive Lands Review(I,II or III) N Development Code Amendment(IV) ❑Historic Overlay(II or III) ❑Site Development Review(II) ❑Home Occupation(II) ❑Subdivision(II or III) LOCATION WHERE PROPOSED ACT!VI l Y WILL OCCUR(Address if available) 1441.5 49taLLE4477.cyJ 9,4'L4E-S 'To , -t-< ,ice-As wikiena t. p. TAX MAPS&TAX LOT NOS. TOTAL SITE SIZE ZONING CLASSIFICATION ® APPLICANT* Ntt1/4-5Go a-apNtiNIS7141-710E ce-evcc.c •- pli--g-cuc. ci iL[v4 j MAILING ADDRESS/CITY/STATE/ZIP 2-coo JtN,u y 46IN O/1-I vE Q irr A 13-- C6E ( L Y Z-t 14 PHONE NO. FAX NO. 3/56 -7ro3 -724—L PRIMARY CONTACT PERSON PHONE NO. L,dyvs SToal ; TM C1lP(7EZt CcaWs'. cam , Sa3-443-39C3t. PROPERTY. OWNER/DEED HOLDER(Attach list if more than one) N`.A-- MAILING ADDRESS/CITY/STATE/ZIP PHONE NO. FAX NO. *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(Please be specific) T+tt.s A4pLLCI- TtoN n2..ac6'e's TO A.1-c0v10 7 I19 'Lc-We -M /e-c-Lal.0 e.MJTl . . ?zac.r d LCE3 /4-.0 A- ,2 t Zty1 V ksa APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. is\curpin\masters\land use applications\other land use applications.doc • THE APPLICANT SHALL CERTIFY THAT: • If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date 74 —(Z plicant/Age epresentative s-5i�tr�ture Date Applicant/Agent/Representative's Signature Date • • CITY OF TIGARD DEVELOPMENT CODE AMENDMENT APPLICATION November 14, 2012 Applicant: Masco Administrative Services/Builders Services Group Patrick Champagne 260 Jimmy Ann Drive Daytona Beach FL 32114 Representative: TM Rippey Consulting Engineers Lans Stout, Planning Consultant 7650 SW Beveland St. #100 Tigard OR 97223 503-443-3900 Background: This is an application to amend the Tigard Development Code, Section 18.530, Table 18.530.1, to allow Industrial Services as a restricted use in the IP zone. The restrictions would limit these uses to "Contractors and others who provide services off-site" as defined elsewhere in the Code, and would further require that all activities except for vehicle parking would be within a building. This amendment will apply to all property in the City of Tigard that is zoned I-P. The application is presented to address a specific situation relative to a site which has been leased by the applicant for use by its subsidiary Builders Services Group, which is a contractor as well as wholesaler of construction supplies. The Code amendment is proposed to address this issue as well as several other similar situations of which the applicant's representative is aware, and will thereby correct an oversight in the Code as a whole. This proposal, with the included limitations, will allow contractors in the I-P zone that are compatible with the office character of such areas through preventing outside storage of materials and other activities which are more suited to other industrial areas. This approach will allow contractors as a business, which are similar to existing allowed businesses in the office and wholesale categories that are already allowed in the I-P zone. The Proposal: Table 18.530.1, revise the Industrial Services line to replace"N" with"R- 4,15". Note 4 currently is in place and states"Permitted if all activities, except employee and customer parking, are wholly contained with a building(s)."Note 15 is a new note to read"Limited to contractors and others that perform services off-site". 1 • Criteria and Findings: Section 18.390.060.G of the code provides the"considerations" for a recommendation and decision on a Type IV application. Each is identified and analyzed as follows: 1. The Statewide Planning Goals and Guidelines. Goal 1 —Citizen Involvement This goal outlines general procedures for citizen involvement in the plan and ordinance adoption and amendment process. The Tigard Development Code includes provisions which have been acknowledged by the LCDC as being compliant with this goal, and their enforcement will ensure Goal compliance in the proceedings. Since this is a legislative process that affects all property zoned I-P, the City will publish notices in the newspaper and through normal agency and neighborhood notification methods, prior to each public hearing. The hearings will provide the opportunity for comments, and the participants will have the right to appeal the decision. These steps will result in compliance with Statewide Goal 1. Goal 2—Land Use Planning As noted above, LCDC has acknowledged that the City of Tigard Comprehensive Plan and implementing ordinances comply with the Statewide Planning Goals. Since Goal 2 establishes the planning processes and policies, which are not effected by this code amendment, the proposal will not effect their continued compliance. Goal 9—Economic Development This goal and its policies ensure that local regulations provide opportunities for economic activities and the health of the economy. This proposal explicitly implements the goal through allowing business in the I-P zone that is compatible with other provisions of the ' Comprehensive Plan and Development Code. Without this code amendment a significant opportunity for business location in Tigard would not be possible. The remaining Statewide Planning goals do not apply to this application since they relate to other specific areas to be considered in the comprehensive planning process rather than to the procedural and economic considerations which are applicable to this application. 2. Federal or state statutes Federal statutes are generally broad and not directed to this type of local action, and it is clear that none apply to the case at hand. State statutes that may have applicability to this application are those within the jurisdiction of the Department of Land Conservation and Development. Of those, the Statewide Planning goals are most applicable and are addressed above. The other applicable rules are contained in OAR 660-012, relating to transportation. Within this regulation, only the provisions related to amendments to other plans and codes as provided by section 660-012-0060 apply to this proposal. This section provides that if an amendment to an existing land use regulation would significantly affect a transportation facility, the local jurisdiction must put in place 2 • • certain measures. "Significantly" is defined as a change in the functional classification of an existing or planned facility, a change in implementing standards, or increase traffic to the extent of creating access or capacity conflicts. In the case of this proposed change, the addition of contractors' offices as a restricted use will not introduce uses which are not anticipated by the transportation system because the IP zone already allows contractors offices as an office use provided that over 50% of floor area occupancy in office. A contractor office that would be allowed as a result of this proposal would have less than 50% of floor area in office use and therefore would have a lower traffic demand than those already allowed. 3. Any applicable METRO regulations Metro's Urban Growth Management Functional Plan establishes the methods for local implementation of the Regional Urban Growth Goals and Objectives. The Functional Plan includes fourteen Titles which address various aspects of regional and local planning. Of these, only Title 4, relating to Industrial and Other Employment Areas applies to this application. Title 4 establishes Regionally Significant Industrial Areas, Employment Areas, and Industrial Areas. Within the City of Tigard none of the existing IP zoned area is within a Regionally Significant Industrial Area, but some IP zoned land is classified as Employment and Industrial. Sections 3.07.430 and 3.07.440 respectively address the protection of these areas for industrial uses. In each case the intent of the protection provisions are to avoid establishment of retail uses which would compromise the amount and/or quality of the industrial opportunities. Since this application would allow only contractors offices in the IP zone,this change will not conflict with the Title 4 provisions. 4. Any Applicable Comprehensive Plan Policies The Tigard Comprehensive Plan includes a number of goals and policies, of which several are applicable to this application. Citizen Involvement. The Citizen Involvement section of the Plan includes several goals and policies related to ensuring that Tigard residents has access to the decision making process. These statements and action items have been found to be consistent with the Statewide Planning Goal and the implementing provisions in the Development Code will be applied by the city during the review of this application. These steps will result in proper implementation of the applicable goals and policies related to this application. Land Use Planning. The first section of this chapter of the Comprehensive Plan addresses the establishment of the planning process and maintenance of the implementing documents, as required by Statewide Goal 2. The majority of the policies and action steps relate to City initiated procedures rather than to individual applications. Several policies do address the review of applications to amend the Comprehensive Plan Map and Zoning Map, but these are not applicable to the proposed Development Code amendment. Therefore, the provisions of this section of the Comprehensive Plan apply only in a very general sense, and implementation of the process provided by the Development Code will ensure compliance. 3 The sections addressing Natural Resources and Historic Areas; Environmental Quality; Hazards; and Parks, Trails and Open Space do not apply to this application since they do not have provisions related to the range of uses allowed in specific zones. Economic Development. The economic development goals and policies implement Statewide Goal 9 as well as the related Metro Functional Plan goals. Many of these policies and action steps are directed toward specific things the city will do in order to maintain a healthy economy, but several are applicable to the proposed IP zone amendment. Goal 9.1; Policy 2 is a statement of intent to encourage family wage job creation and maintenance. The proposed IP zone amendment will implement this policy through providing additional opportunities for employment related to construction which otherwise would be restricted. Goal 9.1; Policy 3 indicates an intent to maintain flexibility in regulations which promote economic development. Approval of this IP zone amendment would acknowledge and implement this policy by making a change which will increase employment opportunities. Goal 9.1; Policy 7 states an intent to promote actions which result in better utilization of industrial areas. This policy is implemented by adding an additional restricted use in the IP zone, which clearly is needed and opportunistic in addressing currently available opportunities. The sections addressing Housing; Public Facilities; Transportation; Urbanization; and Special Planning Areas do not apply to this application since they address specific aspects of the Comprehensive Planning process not related to uses in the IP zone. 5. Any applicable provisions of the city's implementing ordinances The Development Code is the applicable implementing ordinance for land use actions, and some sections do apply to this application. 18.130.070 (C) defines Industrial Services and indicates that contractors are included in this category. Subsection 4(a) indicates that contractors are classified as "office" if storage is less than 50% of the occupied floor area and there is not on-site fabrication. 18.380.020 (A) provides that amendments to the text of the code shall be reviewed as a Type IV procedure. This application is made accordingly. 18.390.060 defines the process and required findings for a Type IV application. The City's procedural steps are in compliance with this section of the code, and this narrative along with other contents of the application are consistent with the applicable requirements, including these findings which address the criteria for approval. 18.530.030, and specifically Table 18.530.1, defines the uses allowed in the IP zone. Contractors, because they are included primarily in the Industrial Services category, are not allowed. This application will change the table to allow Industrial Services as a Restricted Use, for contractors' offices, as described elsewhere in this narrative. It is noted that this table shows Offices as a permitted use in the IP zone, which is the category applicable to contractors' offices provided that less than 50% of the floor area is used for storage. 4 This refinement of the permitted uses listed in Table 18.530.1 is consistent with the purpose statements of Section 18.530. Subsection A states that one purpose is to "Provide a range of industrial services for city residents". Allowing contractors' offices as described will achieve this purpose through increasing opportunities for employment in these areas. Subsection B indicates that an additional purpose of the industrial zones is to facilitate economic goals, which as described above is also achieved by this proposed revision. Summary Statement: This application will narrowly expand the permitted uses in the IP zone in order to address a recurring issue in the ability for contractors' offices to locate in such areas. The facility impact of this change is insignificant because such offices in which office floor area is over 50% of the total occupied are already allowed. Similarly, the functional and aesthetic qualities of the IP zone are maintained since the use will be restricted to prevent outside storage of materials. The preceding narrative shows that all criteria for approval for this application have been met. 5 • 1111 • . . I TIGARD City of Tigard Pre-application notes for RIPPEY DEVELOPMENT CODE TEXT AMENDMENT November 15.2012 STAFF PRESENT: John Floyd,Greg Berry APPLICANT: Lans Stout,TM Rippey Consulting Engineers PROPERTY LOCATION: All properties subject to the I-P: Industrial Park Zoning District TAX MAP/LOT#: All tax lots subject to the I-P: Industrial Park Zoning District PROPOSAL DESCRIPTION: Legislative text amendment to Table 18.530.1 of the Tigard Community Development Code to allow Industrial Services as a restricted use within the I-P: Industrial Park zoning district,subject to existing note 4 thatall activities except parking be contained within the building. COMP PLAN DESIGNATION: Various,including Light Industiral,Public Institution,and Open Space ZONING: I-P: Industrial Park District NEIGHBORHOOD MEETING A neighborhood meeting is not required for a text amendment to the development code. NARRATIVE Include a narrative that responds to the applicable review criteria. The narrative must contain the text of the applicable review criteria, findings of fact relative to each criterion, and a conclusion as to whether the criterion has been met. APPLICABLE REVIEW CRITERIA: Zoning Map and Text Amendments 18.380.020 A. Legislative amendments. Legislative zoning map and text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Type IV Decision Making Procedure 18.390.060 Based on the information provided, the text amendment request will be a Type IV Process, with a public hearing before the Planning Commission. A subsequent hearing (or hearings) is then held by the City Council for a decision. The Planning Commission makes a recommendation to City Council to either approve the request as proposed, modify the request, or deny the request. The City Council 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov • may approve the Planning Commission recommendation, modify the recommendation, or deny the recommendation. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statute Chapter 197; [Goals 1,Public Involvement;Goal 2,Land Use Planning;Goal 9,Economic Development] 2. Any federal or state statutes or regulations found applicable; 3. Any applicable METRO regulations (including Title 4 of the Urban Growth Management Functional Plan); 4. Any applicable comprehensive plan policies; [Goal: 1, Public Involvement; Goal 2, Land Use Planning;and Goal 9,Economic Development];and 5. Any applicable provisions of the city's implementing ordinances ['1'DC 18.130, Use Classifications; 18.380, Zoning Map and Text Amendments; 18.390, Decision Making Procedures; 18.530, and Industrial Zoning Districts]. Application Fees for Zoning Text Amendment (Legislative): $3,924 Decision timeline is approximately 3-4 months from receipt of a complete application. The 120-day rule is not applicable to legislative changes. PREPARED BY: J i 'fin Floyd Associate Planner • • • le MI11/ City of Tigard Pre-Application Conference Request 0.040-6 .... . . . GENERAL INFORMATION FOR STAFF USE ONLY Applicant: I t Al(. Kt PpE`7 e. IS%t(..�Tl ..2j . _ Case No.: PRE.1.15 (2_-11°a 2-7 Address:7&t SL.l) SEl, Z.4 v°O Phone: Receipt No.: 18 et e CIS (�1B(LIJ o2 Zip: ��Z.23 Application Accepted By: G<3 City: 'r 1 Date: NOV ^ 5 2 of 2 Contact Person: CONS S TZ*4-T Phone:bZ>3-443-- DATE OF PRE-APP.: II-2D- l Z 390o Property Owner/Deed Holder(s): JJ•/4. 41 TIME OF PRE-APP.: ?APP4. PRE-APP.HELD WITH: (,'o! 5/ffE SPecit c.) Rev.7/1/12 Address: Phone: \curpin\masters\land use applications\Pre-App Request App.doc City: Zip: Property Address/Location(s): A).A-_ p,.LL, 112eVeg-Tzes - c- REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted 2-0 '1; 1.p� ) without the required submittal elements) Tax Map&Tax Lot#(s): /i A-. Q--Pre-Application Conf.Request Form 6 COPIES EACH OF THE FOLLOWING; Zoning: 1 P. Er Brief Description of the Proposal and any Site Size: /✓•..4— - site-specific questions/issues that you would like to have staff research prior to the meeting. PRE-APPLICATION CONFERENCE INFORMATION 1� Site Plan. The site plan must show the All of the information identified on this form are required to be submitted by proposed lots and/or building layouts drawn to scale. Also, show the location of the the applicant and received by the Planning Division a minimum of one (1) subject property in relation to the nearest week prior to officially scheduling a pre-application conference date/time to streets;and the locations of driveways on the allow staff ample time to prepare for the meeting. �(� subject property and across the street. A pre-application conference can usually be scheduled within 1-2 weeks of the [� Vicinity Map. Planning Division's receipt of the request for either Tuesday or Thursday ® The Proposed Uses. mornings Pre-application conferences are one (1) hour long and are typically held between the hours of 9:00-11:00 AM FOrTopographic Information. Include Contour Lines if Possible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN 0 Filing Fee$627.00 PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM 8:00-4:00/MONDAY-FRIDAY. IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE GROU P. City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of I • • • CITY OF TIGARD PRE-APPLICATION CONFERENCE NARRATIVE October 29, 2012 Applicant: TM Rippey Consulting Engineers Lans Stout, Planning Consultant On behalf of Masco Administrative Services/Builders Services Group Proposal: This pre-application conference is intended to discuss a potential application for a legislative Type IV application to amend the City of Tigard Development Code. The proposed amendment would change Table 18.530.1 to allow Industrial Services as a restricted use in the IP zone. The restrictions would include the existing note 4, which requires that all activities except parking are within a building, and a new note 15 which would read as follows: "Contractors and others who provide services off-site are a permitted use." The intent of these restrictions is to allow building and related contractors in the IP zone that are compatible with the intent of the district and the character of the established uses in the zone. This proposal is not intended to allow a wider range of Industrial Service uses because many would not meet this compatibility criterion. Background: The applicant is aware of three cases in the recent past in which a contractor has committed to occupancy of a building in the IP zone because the building is suitable for the business, and subsequently found that contractors are not permitted. One of these was resolved because of a non-conforming situation, and other may be the subject of a zone change to IL. However, it is apparent that his is an issue that needs to be resolved in the interest of accommodating compatible businesses in the City. While this application will apply to all properties zoned IP, it is being sponsored by Masco Administrative Services for its subsidiary Builders Services Group. Masco has made a lease commitment on an IP zoned building, and there is a Voluntary Compliance Agreement in process which dictates the steps for resolution of the non- compliant situation. The approach and language above appears to be adequate to address this issue, but discussion with staff to confirm mutual agreement on the language should occur in the pre-app. An additional consideration is that many contractors also do wholesale sales of materials, which is permitted in the IP zone with the same Note 4 restriction. It is implicit, but should be clearly stated that the contractor and wholesale activities require storage of goods and that this is permitted in conjunction with these primary uses. ADDITIONAL DOCUMENTS • Land Use Application .19 COMPLETENESS REVIEW REQUEST TIGARD TO: Greg Berry RETURN TO: John Floyd DATE SENT: June 22, 2011 DATE DUE: December 12.2012 PROJECT NAME: MASCO Development Code Amendment CASE NUMBER: DCA2012-00003 PROJECT ADDRESSES: All I-P (Industrial Park) Zoned Properties PROJECT DESCRIPTION: Development code amendment to allow the land use classification of"Industrial Services" within the I-P zoning district. Complete? ❑ Yes ❑ No Comments below or ❑ See Attached is\curpin\masters\completeness review request.docx • • December 11,2012 To:John Floyd From: Greg Berry4110 Case DCA201 2-00003 The proposed amendment is not expected to result in an increased demand on utilities. Industrial Services might be categorized by the I 1'h Trip Generation Manual as General T.ight Industrial. The ITE Manual (8''' Ed) reports equal P.M. peak trips per acre for Industrial Park and General Light Industrial. Consequently, a demand for increased street capacity is not expected. I:\ENG\GREG\Development\Completeness\Completeness DCA2012-00003.docx • I . 71 - n TIGARD December 13, 2012 City of f Tigard Lans Stout TM Rippey Consulting Engineers 7650 SW Beveland St. #100 Tigard, OR 97223 RE: Notice of Complete Application Submittal—DCA2012-00003 Dear Mr. Stout, The Planning Division has reviewed your application for a Development Code Amendment to make Industrial Services a restricted land use within the I-P Zoning District. Our review has found the application substantially complete,pending the submittal of the following materials: ■ Two (2) sets of pre-stamped and pre-addressed envelopes for all property owners of record within the I-P Zoning District, and all individuals or organizations on the Interested Parties List. Envelopes with metered postage or a return address will not be accepted. Labels may be obtained from Christine Wiley, Senior Administrative Specialist, at 503-718-2714 or christinew(a,,tigard-or.gov. ■ One (1) compact disc or flash drive with all application materials in a searchable format (PDF for example). These materials are necessary to comply with the requirements of the Tigard Community Development Code and Oregon Revised Statue. If these changes are not made, we cannot find your application consistent with approval criteria for a minor modification, and will be required to deny your proposal. One important note. Planning staff are concerned with one of the proposed restrictions. More specifically, limiting industrial services to a subset of "contractors and others who perform services off-site as defined elsewhere in the code" may be unnecessarily restrictive and introduce ambiguity into the code when compared to the full definition for Industrial Services (TDC 18.130.070.C). As a result, staff is likely to recommend against this restriction. Support for the general amendment with restriction No. 4 remains unchanged. Sincerel John Floyd Associate Planner Cc: Patrick Champagne 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov 4 • 11111 C141 TIGARD City of Tigard NOTICE OF VIOLATION DATE: Wednesday, October 30,2012 CASE NUMBER: DCC2012-00033 PREMISES: 15865 SW 74th Avenue TAX PARCEL: 2S112DC01400 OWNER: Criterion Creekview LLC Attn:James A. Meyer PO Box 6525 Beaverton, OR 97007 TENANT: Builders Services Group Attn: Michael Northam 260 Jimmy Ann Drive Daytona Beach,FL 32114 VIOLATION: ESTABLISHING A BUSINESS USE PROHIBITED IN THE I-P ZONE. Our records identify you as the owners and persons responsible for the property listed above. If our records are in error please let me know right away. This is a formal Notice of Violation advising you that the city considers you to be in violation of the Tigard Development Code, specifically TDC18.230.020.A, which states: "No person shall erect, construct, alter, maintain or use any building or structure or shall use, divide or transfer any land in violation of this title or any amendment thereto." Your business, MASCO Contractor Services, has material storage in excess of 50% of the tenancy and is classified as an industrial services use which is prohibited in the I-P zone. The city also considers you to be in violation of the Tigard Municipal Code, specifically TMC5.04.040, which states: "It shall be unlawful for any persons, either directly or indirectly, to engage in any business without having first obtained a business license." The illegal business violation is a Class I civil infraction and the business license is a Class II civil infraction. These violations have the potential for civil penalties and the possibility of being cited into court for failure to bring your property into compliance with city code. The fines are $250.00 and $150.00 per day per violation respectively from the date of this letter. Your prompt response would be appreciated. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov • M If you do not bring the property into compliance or sign a voluntary compliance agreement by November 7, 2012,you can be served with a Summons and Complaint and given a first appearance date in Tigard Municipal Court. A voluntary compliance agreement is a formal document by which you and the city agree that you can come into compliance by a certain date. A voluntary compliance agreement is a contract and obligates the respondent to abide by the terms and conditions stated therein. Failure to perform any of the conditions can be considered a separate violation. If you wish to discuss a voluntary compliance agreement, you may call me at the number listed below and I will give you an appointment time to meet here in the Permit Center. If you have any questions about the subjects of this letter, please call me directly at 503-718-2429. You can also email me at johnflO,tigard-or.gov. Please keep me apprised of your plans and progress. Sind John Floyd Associate Planner CC: Enforcement File DCC2012-00033 2 City of Tigard 5 Or, .. -4 f.., d .. / e moo/® 13125 SW Hall Blvd. : ; ".. �. r'.tti 4. ....++ IK:7- ® PINEY HOMES 111 � !T1';1'�J I�•-T: iihm TLGARD Tigard,Oregon 97223 :!0';'.1.';r 4614 02 1M $ 00.45') 4 fn... . 0004293344 OCT 30 201 2 ,�3? ► L. MAILED FROM ZIPCODE 97223 Criterion Cre *ew LLC Attn:J. •• s A.Meyer PO : .x 6525 _ _ .II TP. B:: erton, 0 NIXIE 970 SE 1 00 11/0Z./12 RETURN To SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FFORWARu tS .: 91ZZ38110f13`3 1329-04198-30-39 9°C; 6I 161“(,,,h1'i'tl'II1dhlil!tltlual,Anam1odlt'mn . • • VOLUNTARY COMPLIANCE AGREEMENT • October 30,2012 i i Respondent Tenant Respondent Owner T I G A R D Builders Services Group Criterion Creekview LLC Attn: Michael Northam Attn:James A. Meyer 260 Jimmy Ann Drive /2// ,_SGJ Sf�`cl11E 0"7 zi a1-7 Daytona Beach,FL 32114 B - �, ^" "'®ea /441r1-Ak Z, ow 9 " RE Code Compliance Record Number DCC2012-00033 We, Michael Northam and James Meyer, as the persons responsible for 15865 SW 74th Avenue Suite 115, Tigard, Oregon, (WCTM2S112DC Lot 01400), acknowledge the following violations, agree to the terms, conditions and remedies set forth below,and promise to comply fully with them. Violation/s: Establishing a prohibited land use (Industrial Services) within the I-P Zoning District. TMC18.230.020.A: No person shall erect, construct, alter, maintain or use any building or structure or shall use,divide or transfer any land in violation of this title or any amendment thereto. TMC5.04.040: It shall be unlawful for any persons, either directly or indirectly, to engage in any business without having first obtained a business license. We hereby agree to the following terms: 1: We will submit an application and payment for a business license by 4pm on November 13. 2: We will submit an application and payment for a pre-application conference by 4pm on November 13. The pre-application conference will be scheduled within three weeks of the application date, and shall be attended by at least one representative each for the tenant and the property owner. The pre-application conference request will address a text amendment to the Tigard Community Development Code which would make industrial services (as defined in 18.130.070.C) an allowed land use within the I-P zoning district if all activities except employee and customer parking are wholly contained within a building. 3: We will prepare and submit an application and pay the fee for a Development Code Amendment within 42 calendar days of the pre-application conference. The application will propose a text amendment to the Tigard Community Development Code to make industrial services an allowed land use within the I-P zoning district if all activities except employee and customer parking are wholly contained within a building. 4: If the application is found incomplete by City Staff,we will submit any requested completeness materials or information within 30 days of the date the determination letter is mailed. The information shall be accompanied by a written cover letter detailing the contents. 5: We will attend and participate in all public hearings for the development code request, or identify a local representative authorized to represent us. 13125 SW Hall Boulevard,Tigard Oregon 97223 • 503-639-4171 • www.tigard-or.gov Page 1 of 2 6: If the land use application is denied, we agree to cease operations and vacate (15865 SW 74th Avenue) within 90 days of denial or upon final determination of any appeals to the State of Oregon Land Use Board of Appeals. If the property must be vacated we will call for a confirmation inspection by City of Tigard Community Development staff. We also understand and agree that: ✓ If this agreement is not signed by all of the parties noted below, and a copy with the original signature/s received by the City of Tigard no later than: 5:00 pm on November 7, 2012, the terms offered in this agreement will become null and void and enforcement proceedings will commence immediately. ✓ So long as this agreement is in force and the above timelines are met, the City will withhold further legal or enforcement action regarding these violations and upon compliance with all the above conditions this case will be closed without penalty. If the timelines are not met or if the progress demonstrated is deemed by the City in its sole judgment and discretion to be inadequate the City may immediately reinstate enforcement and/or legal proceedings including service of a Summons and Complaint. ✓ No additional extensions or modifications or alterations of this agreement will be granted without a written request showing cause. If approved,a new voluntary compliance agreement must be initiated. ✓ Failure to comply with any of the terms of this Voluntary Compliance Agreement constitutes an additional and separate infraction. ✓ It is our responsibility to ensure that all aspects of this agreement are completed on time,regardless of weather conditions, contractor and/or consultant schedules, processing time requirements, or any other occurrence that could potentially cause an unauthorized delay resulting in failure to meet the mandated compliance deadline. ✓ This agreement is solely intended for the facilitation of the issues and violations addressed above. The City is not obligated or bound to offer agreements for any other violations. This agreement shall not be considered setting a precedent for any other case or matter. Date: Michael Northam,Builders Services Group Respondent Tenant Date: �c77- �� 26/ -2- es A. Meyer,Criterion reC ekview LLC Respondent O er �/ Date: / ' 6 `/ 1 /02- F ity of Ti d City of Tigard Staff Contact: John Floyd Phone: 503-718-2429 Email: johnfl( itigard-or.gov 13125 SW Hall Boulevard,Tigard Oregon 97223 • 503-639-4171 • www.tigard-or.gov Page 2 of 2 • 6: If the land use application is denied, we agree to cease operations and vacate (15865 SW 74th Avenue) within 90 days of denial or upon final determination of any appeals to the State of Oregon Land Use Board of Appeals. If the property must be vacated we will call for a confirmation inspection by City of Tigard Community Development staff. We also understand and agree that: ✓ If this agreement is not signed by all of the parties noted below, and a copy with the original signature/s received by the City of Tigard no later than: 5:00 pm on November 7, 2012, the terms offered in this agreement will become null and void and enforcement proceedings will commence immediately. 1 So long as this agreement is in force and the above timelines are met, the City will withhold further legal or enforcement action regarding these violations and upon compliance with all the above conditions this case will be closed without penalty. If the timelines are not met or if the progress demonstrated is deemed by the City in its sole judgment and discretion to be inadequate the City may immediately reinstate enforcement and/or legal proceedings including service of a Summons and Complaint. ✓ No additional extensions or modifications or alterations of this agreement will be granted without a written request showing cause. If approved,a new voluntary compliance agreement must be initiated. ✓ Failure to comply with any of the terms of this Voluntary Compliance Agreement constitutes an additional and separate infraction. ✓ It is our responsibility to ensure that all aspects of this agreement are completed on time, regardless of weather conditions, contractor and/or consultant schedules, processing time requirements, or any other occurrence that could potentially cause an unauthorized delay resulting in failure to meet the mandated compliance deadline. ✓ This agreement is solely intended for the facilitation of the issues and violations addressed above. The City is not obligated or bound to offer agreements for any other violations. This agreement shall not be considered setting a precedent for any other case or matter. Date: ( D , 3 11-- Michael Northam,Builders Services Group Respondent Tenant Date: James A. Meyer, Criterion Creekview LLC Respondent r Date: /(/01:' 1 F ity of Tigard City of Tigard Staff Contact: John Floyd Phone: 503-718-2429 Email: johnfl(a)tigard-or.gov 13125 SW Hall Boulevard,Tigard Oregon 97223 • 503-639-4171 • www.tigard-or.gov Page 2 of 2 • • John Floyd From: Jim Meyer<jmeyer@summit66.com> Sent: Wednesday, October 31, 2012 10:31 AM To: John Floyd Cc: Mort Zalutsky Subject: Mystery Solved! Hi John: The Beaverton post office box that you have listed as the address for Criterion Creekview LLC was actually the mailing address for Willow Creek Properties, which was the property management company that managed Creekview until they merged with our present management company, Spectrum Real Estate Advisors. If you check the Oregon Corporation Division's business registry online, you'll find the mailing address I gave you (1211 SW 5th Ave #720, Portland 97204). Jim 1 BUSINESS LICENSE RECEIPT 1 CITY OF TIGARD TIGARD 13125 SW HAU. Bi.vn. • TIGARD, OR • 97223 • (503) 639-4171 TYPE OF BUSINESS: LICENSE NO: 00252 CONSTRUCTION EXPIRES: 12/31/2012 BUSINESS NAME: GALE CONTRACTOR SERVICES BUSINESS PHONE: (386) 304-2222 BUSINESS ADDRESS: 15865 SW 74TH AVE TIGARD,OR 97224 THIS RECIEPT MUST BE POSTED IN A CONSPICUOUS PLACE AT THE BUSINESS ADDRESS AND IS NOT TRANSFERABLE If you have any questions about your Business License Receipt or doing business in Tigard, please contact the Business License Specialist at (503) 718- 2487. NOTE: The Tigard Municipal Code 7.24.120(4) has imposed reasonable restrictions on"Door-To-Door" solicitation and canvassing, commercial and noncommercial within the city limits of Tigard. The Tigard Municipal Code 7.52.080(a)restricts the selling of goods or services in any city parks. A Business License Receipt does not imply city approval or endorsement to operate the business or the location of the business, i\S°C.1 Ja itigAs 'itekm / of (/64. f GALE CONTRACTOR SERVICES BUILDER SERVICES GROUP INC 260 JIMMY ANN DR-ATTN: LICENSING DAYTONA BEACH, FL 32114