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ZIL2021-00003 ■ II T1 GARD City of Tigard February 17, 2021 AEI Consultants Attn: Molly McGavick 112 Water Street, Fifth Floor Boston, MA 02109 Re: Zoning Inquiry Letter— ZIL2021-00003 11640 and 11708 SW Warner Avenue;WCTM 1S135DD,Tax Lot 100 and 5200 Dear Ms. McGavick, 11640 SW Warner Avenue (WCTM 1S135DD, Tax Lot 100) is located in the General Commercial (C-G) Zone. 11708 SW Warner Avenue (WCTM 1S135DD, Tax Lot 5200) is located in the Mixed-Use Central Business District (MU-CBD) Zone and the Tigard Downtown Plan District. For a list of allowed uses in the C-G and MU-CBD Zones, please refer to the attached table. The following land use approvals are associated with the subject properties. Please submit a public records request online to obtain copies of these approvals (which include approved site plans). Case Number Case Type CPA2008-00004 Comprehensive Plan Amendment CUP2005-00001 Conditional Use Permit CUP2016-00005 Conditional Use Permit LLA2018-00008 Lot Line Adjustment MIS2004-00017 Lot Line Adjustment MMD2008-00022 Minor Land Modification VAR2008-00002 Variance Our records do not show any open or outstanding code violations related to these properties. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Table 18.12,0.1 Commercial Zone Use Standards Use Categories C-N C-C C-G C-P MU-CBD MUE MUC-1 MUC MUE MUR Ill [1] [2] 1 and 2 1 and 2 Residential Use Category Residential Use R [3] R 3] R [3.4] P I A A I A A IA A Civic/Institutional Use Categories Basic Utilities [5] A/C A/C A/C A/C A/C A/C A/C A/C A/C A/C Colleges P P P P A C C C C C Community Services A A P P A C P A C C Cultural Institutions A A A A A A A A A P Day Care A A A A A A A A A A/C [6] Emergency Services A A A A A A A A A P Medical Centers C C C C C C C C C C Postal Service A A A A A A A A A P Religious Institutions A A A A A A A A A C Schools P P P P A C C C C C Social/Fraternal Clubs/Lodges A A A A A A A A A C Temporary Shelter P P C P C P C C C C Commercial Use Categories Adult Entertainment P P C P P P P C P P Animal-Related Commercial P P P P P A A P P P Bulk Sales P P A P A/P [7] A R[8] R [9] R [9] P Commercial Lodging P P A A A A A A A P Custom Arts and Crafts R[10] R[10] P P R[10] P P P P P Eating and Drinking Establishments A A A R [11] A A A A A R[12] Indoor Entertainment A A A A A A A A A P Major Event Entertainment P P C P C P C C P P Motor Vehicle Sales/Rental P P A/C [13] P A/P [7] P P R[14] R [14] P Motor Vehicle Servicing/Repair[15] C [16] C [16] A P C R[8] R[8] P P P Non-Accessory Parking C C A A A A A A A P Office A A A A A A A A A R[12] Outdoor Entertainment P P A A C P P C P P Outdoor Sales P P A P P P P P P P Personal Services A A A A A A R [8] A R[9] R[12] Commercial Zones 18.120-4 Code Update:4/20 Table 18.120.1 Commercial Zone Use Standards C-N -C C-P MU-CBD MUE MUE MUR itigategories ] • .111 C-itc 121 C-1 MUC ,1 and 1 and 2 Repair-Oriented Retail A A A A A A R[8] R [9] R[9] P Sales-Oriented Retail A A A R[11] A/R[17] A/R[18] R[8] A R[9] R [12] Self-Service Storage P P C P A/P [7] P P P P P Vehicle Fuel Sales C C C P A/P [7] P C C C P tegories , , .: General Industrial P P P P P P P P P P Heavy Industrial P P P P P P P P P P Industrial Services P P P P r P P P P P P Light Industrial P P P P P R [15] P P R [15] P Railroad Yards P P P P P P P P P P Research and Development P P P P C R[14] R[14] P R[15] P Warehouse/Freight Movement P P P P P R[14] P P R[14, 15] P Waste-Related P P P P P P P P P P Wholesale and Equipment Rental P P P P P P P P R[14, 15] P Other Use Categories Agriculture/Horticulture P P P P P P P P P P Cemeteries P P P P P P P P P P Detention Facilities P P C P C P P P 'P P Heliports P P C C P P P P P P Mining P P P P P P P P P P Transportation/Utility Corridors A A A A A A A A A A Wireless Communication Facilities A/R A/R A/R A/R A/R A/R A/R AIR A/R A/R [19] A=Allowed R=Restricted C=Conditional Use P=Prohibited [1] See Section 18.120.040 for additional land use restrictions. [2] Uses with drive-through services that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses with drive- through services are prohibited. [3] Residential uses are allowed on or above the second story of a mixed-use development where the first story contains an allowed commercial use. Commercial Zones 18.120-5 Code Update:4/20 [4] A single detached house is allowed where it is located on the same site with an allowed or conditional use and is occupied exclusively by a caretaker or superintendent of the allowed or conditional use. [5] 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. [6] Family Day Care is allowed. Other Day Care uses are allowed conditionally. [7] Uses that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new uses are prohibited. [8] The maximum allowed gross floor area is 60,000 square feet per building or tenant. [9] The maximum allowed gross floor area is 60,000 square feet per use for uses proposed after the adoption of the MUC, MUE-1, and MUE-2 zones. [10] The maximum area allowed for production is 500 square feet per building or tenant. [11] The maximum allowed combined area of Sales-Oriented Retail and Eating and Drinking Establishments is 20 percent of the gross floor area of the other uses allowed by right on the premises. [12] Uses must be within a mixed-use development. Uses may occupy a maximum of 50 percent of the total gross floor area within the mixed-use development only when minimum residential densities are met. Properties that were zoned commercial prior to March 28,2002 are exempt from this requirement. These properties, or lots created from these properties, may develop as a single-use commercial development. The tax assessor map numbers for exempt properties are as follows: 1S135AA-00400, 1S135AA-01400, 1S135AA-01900, 1 S135AA-01901, 1S135DA-02000, 1S135AA- 02500, 1S135AA-02600, 1S135AA-02700, 1S135DA-01900,and 1S1DA-02000. [13] Sales or rental of heavy vehicles or farm equipment is allowed conditionally. [14] Uses allowed only as accessory uses to allowed uses where contained in the same structure and less than the gross floor area of the allowed use, except for Motor Vehicle Sales/Rental which is allowed as a primary use in specific locations as provided in Subsection 18.670.020.C. [15] All use activities must be contained inside a structure except for employee and customer parking. [16] Only motor vehicle cleaning is allowed. [17] The maximum allowed gross floor area is 60,000 square feet per building or tenant in all MU-CBD subareas except the 99W-Hall subarea as shown on Map 18.650.A. [18] The maximum allowed gross floor area is 30,000 square feet per building or tenant where the site is more than 3 acres in size. One additional square foot of floor area is allowed for each 4 square feet of floor area occupied or designed for an allowed use other than a Sales-Oriented Retail use. [19] See Chapter 18.450,Wireless Communication Facilities, for a description of allowed and restricted facilities. (Ord. 20-01 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Commercial Zones 18.120-6 Code Update:4/20 'Y A. r4444'‘I-'-*'41*Consultants 112 Water Street, 5th Floor, Boston, MA 02109 Environmental&Engineering Services (857) 350-3519 Planning & Zoning Department Information Request Letter To: Community Development From: Molly McGavick Subject Property: Department 112 Water Street, 5th Floor • 11708 SW WARNER AVE 13125 SW HALL BLVD. Boston, MA 02109 Parcel number: 1S135DD05200 TIGARD, OR 97223 mmcgavick@aeiconsultants.com • 11640 SW WARNER AVE TigardPlannerOnDuty@tigard- Phone: 857-321-8622 Parcel number: 1S135DD00100 or.(1ov Fax: 857-233-5531 Phone: 503-718-2421 AEI Consultants has been retained to conduct a Zoning Analysis of the above referenced property. Please respond to the following documentation/information requests on City Letterhead to the above email address/fax number. Should you have any questions, or should there be any fees associated with same, please direct them to Molly McGavick at the above referenced telephone # / email address. Thank you in advance for your assistance. L) What is the current zoning classification for the Subject Property? When was this zoning classification adopted? 3) Subject Property Use: According to the zoning ordinances and regulations, the use of the subject property is a: €Permitted Use by Right €Permitted Use by Special/Specific Use Permit(Please provide copies) €Permitted Use by Conditional Use Permit(Please provide copies) €Legal Non-Conforming Use (Building was existing prior to adoption of the existing zoning ordinance) €Non-Permitted Use 1) Subject Property Conformance: As it pertains to the existing zoning ordinance, the current structures on the Subject are: €Legal Conforming (complies with existing zoning regulations) €Legal Non-Conforming (Does not meet current zoning requirements due to re-zoning, granted variances, amendments or is considered to be"grandfathered"due to development prior to zoning ordinance) €Non-Conforming (complies with existing zoning regulations) i) Did the Subject Property require a Site Plan Approval prior to development? (Please provide copies) €No €Yes (comments): i) Are there any Variances, Special Use Permits/ Exceptions, Ordinances or Conditions related to the Subject Property? (Please provide copies) €No €Yes (comments): ?) Casualty: In the event of a catastrophic loss, can the subject property be rebuilt to its current density? €Yes €No (comments): 3) Are there any outstanding Zoning/Building/Fire Code Violations on file for the Subject Property? (Please provide copies) €No €Yes (comments): )) Does the subject property have a valid Certificate of Occupancy on file? (Please provide copies) €Yes (please fax or email) €No (is the lack of a CO on file considered a violation?): [0) Are there any requirements such as mandated improvements that are triggered by a change of ownership/title such as a re- issuance of Zoning Approval? €No €Yes (Comments) Submitted by: Date: San Francisco(HQ) • Atlanta • Boston • Charlotte • Chicago • Dallas • Denver • Houston • Irvine Los Angeles • Miami • New York • Phoenix • Portland • Sacramento . San lose www.aeiconsultants.com