ZIL2021-00006 S B
TIGARD
City of Tigard
March 4, 2021
Bank Five Nine
Attn: Ryan Miller
155 W. Wisconsin Avenue
Oconomowoc, WI 53066
Re: Zoning Inquiry Letter —ZIL2021-00006
16145 SW Upper Boones Ferry Road;WCTM 2S113AB,Tax Lot 701
Dear Mr. Miller,
The above-referenced property is located in the Industrial Park (I-P) Zone. A day care use is
a restricted use in this zone, subject to the standards in Table 18.130.1, Footnote 4 of the
Community Development Code of the City of Tigard (CDC), and CDC Subsection
18.130.040.A. In October 2020, the City of Tigard Planning Division issued an approved Site
Development Review for a new day care building and associated site improvements on the
subject property (Case No. SDR2020-00002).
For a list of allowed uses in the I-P Zone, please refer to CDC Table 18.130.1 (attached).
Sincerely,
1
Lina Smith
Assistant Planner
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
Chapter 18.130
INDUSTRIAL ZONES
Sections:
18.130.010 Purpose
18.130.020 List of Base Zones
18.130.030 Land Use Standards
18.130.040 Land Use Restrictions
18.130.010 Purpose
The purpose of this chapter is to implement the goals and policies of the comprehensive plan related to
land use planning and economic development by:
A. Ensuring that a full range of economic activities and job opportunities are available throughout the
city; and
B. Minimizing the potential adverse impacts of industrial uses on nonindustrial uses by carefully
locating and selecting the types of uses allowed in each industrial zone. (Ord. 18-28 §1; Ord. 18-23
§2; Ord. 17-22 §2)
18.130.020 List of Base Zones
A. I-P: Industrial Park zone. The I-P zone provides appropriate locations for combining light
manufacturing, office, and small-scale commercial uses, such as restaurants, personal services, and
fitness centers, in a campus-like setting with no nuisance characteristics such as noise, glare, odor, or
vibration.
B. I-L: Light Industrial zone. The I-L zone provides appropriate locations for general industrial uses
including, but not limited to: industrial services, manufacturing and production, research and
development, warehousing and freight movement, and wholesale sales activities with few, if any,
nuisance characteristics such as noise, glare, odor, or vibration.
C. I-H: Heavy Industrial zone. The l-H zone provides appropriate locations for intensive industrial uses
including industrial service, manufacturing and production, research and development, warehousing
and freight movement, railroad yards, waste-related businesses, and wholesale sales activities.
Activities in the I-H zone include those that involve the use of raw materials, require significant
outdoor storage, or generate heavy truck or rail traffic. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2)
18.130.030 Land Use Standards
A. General Provisions.A list of allowed, restricted,conditional, and prohibited uses in industrial zones is
provided in Table 18.130.1. If a use category is not listed, see Section 18.60.030.
1. Allowed(A). Uses that are allowed, subject to all of the applicable provisions of this title.
2. Restricted (R). Uses that are allowed provided they are in compliance with special requirements,
exceptions, or restrictions.
Industrial Zones 18.130-1 Code Update:4/20
3. Conditional (C). Uses that require the approval of the Hearings Officer using discretionary
criteria. The approval process and criteria are provided in Chapter 18.740,Conditional Uses.
4. Prohibited(P). Uses that are not allowed under any circumstance.
B. Use restrictions. Day care and commercial lodging uses are subject to additional land use restrictions
in Section 18.130.040.
C. Development standards. The standards for nonresidential development in industrial zones are located
in Chapter 18.330, Industrial Zone Development Standards, and the applicable plan district chapter, if
any.
Table 18.130.1
Industrial Zone Use Standards
Use Categories 4 11-11"
Residential Use Cate:or
Residential Use [1] R R R
Civic/Institutional Use Categories
Basic Utilities C[2] C[2] A
Colleges P P P 1
Community Services [3] C C C
Cultural Institutions P P P
Day Care [4] R R R
Emergency Services A A A
Medical Centers P P _ P
Postal Service A A A
Religious Institutions P P P
Schools P P P
Social/Fraternal Clubs/Lodges P P P
Tem ora Shelter P P P
Commercial Use Categories
Adult Entertainment P P P
Animal-Related Commercial A A A
Bulk Sales R[5][6] P P
Commercial Lodging R [7] P P
Custom Arts and Crafts P P P
Eating and Drinking Establishments R[8] P P
Indoor Entertainment A P P
Major Event Entertainment P P P
Motor Vehicle Sales/Rental R [5][9][10] A A
Motor Vehicle Servicing/Repair C A A
Non-Accessory Parking A A A
Office A P P
Outdoor Entertainment A P P
Outdoor Sales P A A
Personal Services R [8] I' P
Repair-Oriented Retail A P P
Sales-Oriented Retail R [8] P P
Self-Service Storage A A A
Vehicle Fuel Sales A A/C [111 A
Industrial Zones 18.I30-2 Code Update:4/20
Table 18.130.1
Industrial Zone Use Standards
Use Categories 1-P I-L
Industrial Use Cat or: :
General Industrial P A A
Heavy Industrial P P A
Industrial Services R[5] A A
Light Industrial A A A
Railroad Yards P P A
Research and Development A A A
Warehouse/Freight Movement P A A
Waste-Related P P A
Wholesale and E•uiumentRental R 5 A A
Other Use Cates.,
Agriculture/Horticulture [12] A A A
Cemeteries P C P
Detention Facilities C P C
Heliports C C C
Mining P P A
Wireless Communication Facilities A/R [13] A A
Transportation/Utility Corridors A A A
A=Allowed R=Restricted C=Conditional Use P=Prohibited
[1] A single detached house is allowed where it is located on the same site as the allowed use and is
occupied exclusively by the caretaker, or kennel owner or operator, and family.
[2] Above-ground public and private utility facilities proposed with development and underground public
and private utility facilities are allowed. Standalone above-ground public and private utility facilities
not proposed with development are allowed conditionally.
[3] Limited to outdoor recreation on: (1) land classified as special flood hazard area, when the
recreational use does not otherwise preclude future cut and fill as needed to support industrial zone
development outside the special flood hazard area; and (2) land located outside the special flood
hazard area, when the recreational use is temporary and does not otherwise preclude allowed or
conditional uses.
[4] Family day care is allowed. Other day care uses are subject to additional land use restrictions in
Subsection 18.130.040.A.
[5] All use activities must be contained inside a structure except for employee and customer parking.
[6] Bulk Sales are only allowed in the I-P zone east of SW 72nd Avenue. The maximum allowed gross
floor area is 60,000 square feet per building.
[7] See Subsection 18.130.040.B for additional land use restrictions.
[8] The maximum allowed gross floor area of these uses, either separately or in combination, is 20
percent of the entire development complex. The maximum allowed gross floor area for retail uses is
60,000 square feet per building or tenant.
[9] The maximum allowed gross floor area of these uses, either separately or in combination, is 10,000
square feet per lot.
[10] Only boat sales or rental is allowed.
Industrial Zones 18.130-3 Code Update:4/20
[11] Vehicle Fuel Sales allowed unless in combination with convenience sales, in which case it is allowed
conditionally.
[12] Where adjacent to a residential use, poultry or livestock must be housed a minimum of 100 feet from
any dwelling unit, except a dwelling unit on the same lot.
[13] See Chapter 18.450, Wireless Communication Facilities, for a description of allowed and restricted
facilities in the 1-P zone. (Ord. 20-0] §1; Ord. 18-28 §I; Ord. 18-23 §2; Ord. 17-22 §2)
18.130.040 Land Use Restrictions
A. Day care uses. The following standards apply to all day care facilities in industrial zones, except
family day care:
1. The applicant must prepare an environmental impact assessment that documents noise, visible
emissions, vibration, odor, glare, and heat from uses within 0.25 miles. A plan and program for
day care facilities to provide mitigation on-site for any of the above off-site impacts must be
provided. Sound attenuation walls, screening, window covering, shades, and other such means are
appropriate means of mitigation and may be attached as conditions of approval.
2. The State of Oregon Child Care Division Certification Section must be notified of the proposed
site plans prior to submitting an application to ensure that the plans submitted generally address
the permitting requirements.
3. Prior to occupancy of the proposed day care, evidence of certification through the State of Oregon
Child Care Division must be provided to the city.
B. Commercial lodging uses. The following standards apply to all commercial lodging uses in the I-P
zone:
1. The site must be a minimum of 2 acres and a maximum of 5 acres.
2. The site must have access to an arterial or collector street approved by the City Engineer with
sufficient capacity to maintain adequate access to local businesses.
3. Uses that are allowed in the I-P zone are allowed as accessory uses to a commercial lodging
development, provided they comprise no more than 20 percent of total gross floor area of the
development. (Ord. 18-28 §1) ■
Industrial Zones 18.130-4 Code Update:4/20
Lina Smith
From: Ryan Miller <Ryan.Miller@bankfivenine.com>
Sent: Thursday, March 4, 2021 11:21 AM
To: Planner on Duty
Subject: RE:Zoning Verification Letter- Parcel #2S113AB00701
Categories: Lina Smith
Warning!This message was sent from outside your organization and we are unable to verify the sender.
Thank you. The payment has been made.
Ryan Miller
Senior 504 Documentation Processor
Bank Five Nine
155 W. Wisconsin Avenue Oconomowoc, WI 53066
p: (262) 912-3931 f: (262) 804-9939
❑x -0 E '' O website I email
From: Planner on Duty<tigardplanneronduty@tigard-or.gov>
Sent:Thursday, March 4, 2021 11:09 AM
To: Ryan Miller<Ryan.Miller@bankfivenine.com>
Cc: Planner on Duty<tigardplanneronduty@tigard-or.gov>
Subject: RE: Zoning Verification Letter- Parcel#25113AB00701
Hi Ryan,
Your permits are ready for fee payment. You can pay the fees online by clicking this link:
https://aca.accela.com/tigard/, go to the "Planning"tab, and search for each record number, outlined below (you'll
have to do this one at a time).Then, go to the "Payments" tab and click "Fees" to submit your online payment. Please
note there is a 3%service charge for all debit and credit card payments, but there's also an option to pay by e-check,
which has no service charge. We do not accept American Express. Please notify us once you've paid.
• ZIL2021-00006
Thank you,
Nikki
Nikki Tuason
Assistant Planner
City of Tigard I Community Development
13125 SW Hall Blvd.
Tigard, OR 97223
nikkit(o�tidard-or.Qov
1
From: Ryan Miller<Rvan.Miller@bankfivenine.com>
Sent: Wednesday, March 3, 2021 6:02 PM
To: Planner on Duty<tigardplanneronduty@tigard-or.gov>
Cc:Tyler Schweder<Tyler.Schweder@bankfivenine.com>
Subject: RE: Zoning Verification Letter- Parcel#2S113AB00701
Thank you for sending the attachment. We will still require the zoning verification letter for loan file. Please let me
know how to proceed and pay for the letter. Thank you!
Ryan Miller
Senior 504 Documentation Processor
Bank Five Nine
155 W. Wisconsin Avenue Oconomowoc, WI 53066
p: (262) 912-3931.f: (262) 804-9939
website I email
From: Planner on Duty<tigardplanneronduty@tigard-or.gov>
Sent:Wednesday, March 3, 2021 3:31 PM
To: Ryan Miller<Ryan.Miller@bankfivenine.com>; Planner on Duty<tigardplanneronduty@tigard-or.gov>
Cc:Tyler Schweder<Tyler.Schweder@bankfivenine.com>
Subject: RE: Zoning Verification Letter- Parcel #2S113AB00701
External Email. Please review and verify before clicking any links or attachments.
Hi Ryan,
We issued a land use approval for a new day care on this site in October. See attached—does this document provide
enough info for you?Or do you still need a zoning inquiry letter($123)?
Let me know,
Lina Smith
Assistant Planner
City of Tigard Planning Division
13125 SW Hall Blvd.Tigard,OR 97223
Phone: (503)718-2421
E-mail:tigardplanneronduty@tigard-or.gov
From: Ryan Miller<Ryan.Miller@bankfivenine.com>
Sent:Wednesday, March 3, 2021 12:33 PM
To: Planner on Duty<tigardplanneronduty@tigard-or.gov>
Cc:Tyler Schweder<Tyler.Schweder@bankfivenine.com>
Subject: Zoning Verification Letter- Parcel # 25113AB00701
Hello,
2
I am looking to obtain a zoning letter for the property referenced above. Please provide verification that the property is
zoned correctly for child/day care. Please include in the letter how the property is currently zoned and what is allowed
under that zoning category. Also reference if there are any variances or conditional use stipulations on the
property. Please let me know if you need any additional information. Thank you!
Ryan Miller
Senior 504 Documentation Processor
Bank Five Nine
155 W. Wisconsin Avenue Oconomowoc, WI 53066
p: (262) 912-3931.f: (262) 804-9939
website I email
This e-mail and any files transmitted with it are the property of Bank Five Nine,are privileged and confidential,and are intended solely for the use of the individual
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This e-mail and any files transmitted with it are the property of Bank Five Nine,are privileged and confidential,and are intended solely for the use of the individual
or entity to which this e-mail is addressed.If you are not one of the named recipients or otherwise have reason to believe that you have received this message in
error,please notify the sender at(262)569-9900 and delete this message immediately from your computer.Any other use,retention,dissemination,forwarding,
printing,or copying of this e-mail is strictly prohibited.Thank you.
This e-mail and any files transmitted with it are the property of Bank Five Nine,are privileged and confidential,and are intended solely for the use of the individual
or entity to which this e-mail is addressed.If you are not one of the named recipients or otherwise have reason to believe that you have received this message in
error,please notify the sender at(262)569-9900 and delete this message immediately from your computer.Any other use,retention,dissemination,forwarding,
printing,or copying of this e-mail is strictly prohibited.Thank you.
3