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ZIL2020-00014 M City of Tigard May 11`', 2020 Related Northwest Attn: Stefanie Kondor 208 SW First Ave., Suite 240 Portland, Oregon 97204 RE: Zoning Inquiry Letter- ZIL2020-00014 9640 SW Greenburg Road;WCTM 1S126DC00901 Dear Ms. Kondor, The subject tax lot is located in the Mixed-Use Employment 1 (MUE-1)zone.The Tigard Community Development Code (CDC) in 18.120.020.G defines the MUE-1 zone as follows: "The MUE-1 and 2 zones are designed to apply to areas where employment uses such as office,research and development, and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are allowed that are compatible with the employment character of the area. Lincoln Center is an example of an area designated MUE-1, a high-density mixed-use employment zone. The Nimbus area is an example of an area designated MUE-2, requiring more moderate densities".Adjacent lots to the north are zoned MUE-1,adjacent lots to the west are zoned Mixed-Use Commercial (MUC) and Low-Density Residential (R-4.5), and adjacent lots to the south are zoned MUE-1 and Medium-Density Residential (R-12). Adjacent lots to the east are located in unincorporated Washington County and are not under the City of Tigard's jurisdiction.Please see the attached zoning map. The subject tax lot is located in the Washington Square Regional Center Plan District, as are all adjacent tax lots. As stated in Map 18.670.A, the standards of CDC 18.670 will apply to the Washington County tax lots located to the east of the subject tax lot upon their annexations to the City of Tigard. There are no additional overlays on the subject tax lot. Please see CDC 18.670 for the Washington Square Regional Center Plan District. Without further analysis, it is uncertain whether any existing development on the property is in compliance with the current City of Tigard CDC,or whether any legal nonconforming issues exist. If an existing on-site structure is destroyed by any means,it may be reconstructed, as long as it complies with all applicable standards in the Community Development Code of the City of Tigard.Additionally, it is the responsibility of the property owner(or any agent authorized to represent the property owner) to obtain all necessary land use approvals and/or building permits for any reconstruction. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov ■ ■ City of Tigard If you have any further questions about this letter, please contact me at Samuelcna,tigard-or.gov or 503-718-2450. Sincerely, lalvwj clls�j '� Samuel Copelan Assistant Planner 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov Samuel Copelan From: Kondor, Stef <SKondor@Related.com> Sent: Monday, May 11, 2020 9:37 AM To: Samuel Copelan Subject: RE: Zoning Letter Follow Up Flag: Follow up Flag Status: Flagged Caution! This message was sent from outside your organization. Allow sender I Block sender Samuel thank you! Yes, I think the simple zoning letter is appropriate for our needs. • Formal request for either a ZIL or ZAL—ZIL please • Address and all tax lot ID numbers— o 9640 SW Greenburg Road,Tigard, OR o Assessor Parcel #W272800 • Complete list of questions o Typical questions include zoning for subject tax lots, adjacent lot zoning, presence of sensitive lands/ overlay zones, active code compliance cases,etc... o Planning will only answer questions that are explicitly stated in the email response. Let me know how I make payment etc. Thank you, Stef Stefanie Kondor Vice President, Development RELATED NORTHWEST 208 SW First Ave.,Suite 240 Portland,Oregon 97204 Main(510)882-6362 1 skondor(@related.com E FELTED From:Samuel Copelan<samuelc@tigard-or.gov> Sent: Monday, May 11, 2020 8:50 AM To: Kondor, Stef<SKondor@Related.com> Subject: FW:Zoning Letter Good morning Stef, I hope that you had a nice weekend!We have two types of zoning letters, the simple Zoning Inquiry Letter (ZIL) and the detailed Zoning Analysis Letter (ZAL).A ZIL contains basic information, such as the zoning information, adjacent property zoning,presence of active code complaints, sensitive lands, etc... whereas the detailed ZAL is where you have specific questions about the property that we must research (ex: is the building conforming with all setbacks, are there enough parking spaces for the current uses...). A ZIL costs $121 and a ZAL costs $831. I can create the zoning letter for you,please send me an email response with all of the information below: • Formal request for either a ZIL or ZAL • Address and all tax lot ID numbers • Complete list of questions o Typical questions include zoning for subject tax lots, adjacent lot zoning, presence of sensitive lands/ overlay zones, active code compliance cases,etc... o Planning will only answer questions that are explicitly stated in the email response. Once I have this information, I will create the case number in Accela and send you a link to pay. I will create your letter and let you know when it is finished. Please let me know if you have any questions. Sincerely, Sam Copelan Assistant Planner City of Tigard; Community Development 13125 SW Hall Boulevard Phone: (503)-718-2450 Email: Samuelcna,tigard-ongov 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." From: Schuyler Warren<SchuvlerW@tiaard-or.aov> Sent: Monday, May 11, 2020 7:24 AM To:#CD PoD<CDPoD@tigard-or.gov> Subject: FW:Zoning Letter Hi can the PoD help Stef with her zoning letter request? Thanks, Schuyler From: Kondor, Stef<SKondor@Related.com> Sent: Saturday, May 9, 2020 1:01 PM To: Schuyler Warren<SchuvlerW@tigard-or.gov> Subject: FW: Zoning Letter I understand that Agnes is out, is there any way you could assist with this: Is there a way I can get a zoning letter confirming that our proposed project (9640 SW Greenburg site) is appropriate for the site's zoning? I need it for funding application. Stefanie Kondor 2 Vice President, Development RELATED NORTHWEST 208 SW First Ave.,Suite 240 Portland,Oregon 97204 Main(510)882-6362 1 skondora.related.com r FLUTED From: Kondor, Stef Sent:Saturday, May 9, 2020 12:59 PM To:Agnes Lindor<aRnesl(c)ti>;ard-or.Rov> Subject:Zoning Letter Hi Agnes, Is there a way I can get a zoning letter confirming that our proposed project (9640 SW Greenburg site) is appropriate for the site's zoning? I need it for funding application. Thanks, Stef Stefanie Kondor Vice President, Development RELATED NORTHWEST 208 SW First Ave.,Suite 240 Portland,Oregon 97204 Main(510)882-6362 1 skondor(cDrelated.com ERELATED 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." 3 VicinityM � n - ! h ZIL2020-00014 8e•r71 Brion Ti g a+ U 1 1 IM City of Tigard, Oregon : ■ Y . Y Y a Significant Tree Groves 3r r7 �7 t�7 ■ Y h h Unimproved Right of Way Plan Districts Overlay Zones ■ h .11141111T rr 0 Planned Developments " " t, i El CWS Vegetated Corridor Slopes Greater than 25% t Ma: . ! : 1 ! , Goal 5 Significant Habitat Areas Highest Value Habitat ! Moderate Value Habitat - ■1 IN■IL,PA 1 Lower Value Habitat I- Zoning Classifications D R-1 Residential Low-Density 1 ! _ D R-2 Residential Low-Density El R-3.5 Residential Low-Density L3 R-4.5 Residential Low-Density d R-7 Residential Medium-Density 3 R-12 Residential Medium-Density ER-25 Residential �■�■� `-I14:21:1PAIjolh Medium-High-Density M�Ii..F.+.l./Y ■ Y 1 r R-40 Residential High-Density MUR-1 Mixed Use Residential 1 YY;� Ft : ■ 1 1 1 MUR-2 Mixed Use Residential Y ■ MU-CBD Mixed Use Central Bus Dist Y - r C-C Community Commercial _ r C-G General Commercial C-N Neighborhood Commercial 7 t C-P Professional Commercial :,� ■ MUC Mixed Use Commercial _ r MUC-1 Mixed Use Commercial 1 ' r TMU Triangle Mixed Use MI Mixed Use Employment ■ ! ! F h ■ MUE-1 Mixed Use Employment 1 ___ _ __ ._ ■ MUE-2 Mixed Use Employment I-L Light Industrial JJ�Y_ Z:PVM : ■ h h h I-P Industrial Park YY11 IFT 1 1 14 " " r I-H HP Inrhictrial ! h 1 -r... ■ F F F Da[a is Bort Vaccfurom multiplecThe D. of Tigard rhmea kes now r anty,re presen[a tion,or guarantee as to acy,timeliness or mple,g,rd of any /yam of the data provided herein The City of Tigard shall r ■ F F F - : ■ F 1 YYJ '� inaccuracies in the�nf.� Inen prerv,ded regard iess of TT til■ how caused ..K cr_ : ■ F F F Y Y Y . : ■ F W. n 1 r ! 1 -1 ■ 1 1 r Scale: 0.02 Miles ■ h h r City of Tigard t 13125 SW Hall Blvd Tigard, OR 97223 Map Created: (503) 639-4171 05/12/2020 www.tigard-or.gov Chapter 18.120 COMMERCIAL ZONES Sections: 18.120.010 Purpose 18.120.020 List of Base Zones 18.120.030 Land Use Standards 18.120.040 Land Use Restrictions 18.120.050 Housing Types 18.120.010 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 goods and services are available throughout the city so that residents can fulfill all or most of their needs within easy driving distance and,ideally,within easy walking and biking distance of their homes; B. Ensuring that a full range of economic activities and job opportunities are available throughout the city; and C. Minimizing the potential adverse impacts of commercial uses on residential uses by carefully locating and selecting the types of uses allowed in each commercial zone. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.120.020 List of Base Zones A. C-N: Neighborhood Commercial zone. The C-N zone is designed to provide convenience goods and services within a small cluster of stores adjacent to residential neighborhoods. Convenience goods and services are those that are purchased frequently, meaning at least weekly; for which comparison buying is not required; and that can be sustained in a limited trade area. Such uses include convenience markets, personal services, and repair shops. A limited number of other uses, including but not limited to gas stations, medical centers,religious institutions,park-and-ride lots, and uses with drive-through services, are allowed conditionally. B. C-C: Communitv Commercial zone. The C-C zone is designed to provide convenience shopping facilities that meet the regular needs of nearby residential neighborhoods. With a service area of about 1.5 miles, such commercial centers typically range in size from 30,000-100,000 square feet on sites ranging from 2 to 8 acres. Separated from other commercially-zoned areas by at least 0.5 miles, community commercial centers are intended to serve several residential neighborhoods, ideally at the intersection of two or more collector streets or at the intersection of an arterial and collector street. A limited number of other uses, including but not limited to gas stations, medical centers, religious institutions,park-and-ride lots, and uses with drive-through services, are allowed conditionally. C. C-G: General Commercial zone. The C-G zone is designed to accommodate a full range of retail, office, and civic uses with a citywide and even regional trade area. Except where nonconforming, residential uses are limited to mixed-use developments. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, Commercial Zones 18.120-1 Code Update:12118 heliports, medical centers, major event entertainment, and gasoline stations, are allowed conditionally. D. C-P: Professional/Administrative Commercial zone. The C-P zone is designed to accommodate civic and professional services and compatible support services, for example convenience retail, personal services, and restaurants, in close proximity to residential areas and major transportation facilities. Heliports, medical centers, religious institutions, and utilities are allowed conditionally. Developments in the C-P zone are intended to serve as a buffer between residential areas and more intensive commercial and industrial areas. E. MU-CBD: Mixed-Use Central Business District zone. The MU-CBD zone is designed to provide a pedestrian-friendly urban village in downtown Tigard. A wide variety of commercial, civic, employment,mixed-use, apartments, and rowhouses are allowed. F. MUE: Mixed-Use Emplovment zone. The MUE zone is designed to accommodate a wide range of uses including major retail goods and services, business and professional offices, civic uses, and apartments. G. MUE-I and MUE-2: Mixed-Use Employment 1 and 2 zone. The MUE-1 and 2 zones are designed to apply to areas where employment uses such as office, research and development, and light manufacturing are concentrated. Commercial and retail support uses are allowed but are limited, and residential uses are allowed that are compatible with the employment character of the area. Lincoln Center is an example of an area designated MUE-1, a high-density mixed-use employment zone. The Nimbus area is an example of an area designated MUE-2,requiring more moderate densities. H. MUC: Mixed-Use Commercial zone. The MUC zone includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses allowed include office buildings, retail,and service uses. Also allowed are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind, or to the sides of buildings. I. MUC-1: Mixed-Use Commercial 1 zone. The MUC-1 zone,which is designed to apply to that portion of Bridgeport Village (formerly known as the Durham Quarry site) within the City of Tigard, is a mixed-use commercial zone bounded by 72"d Avenue, Findlay Street, and the Tigard, Tualatin and Durham city limits. This site is the subject of an intergovernmental agreement between the cities of Tigard and Tualatin. Pursuant to that agreement the City of Tualatin will furnish all planning, building, and associated development review and permit services for the site. This zone is intended to mirror the City of Tualatin's Mixed-Use Commercial Overlay District in Tualatin Development Code, Chapter 57. It permits a wide range of uses including commercial lodging, general retail, offices, and housing. Additional uses, including but not limited to major event entertainment and motor vehicle retail fuel sales,are allowed conditionally. J. MUR-1 and MUR-2: Mixed-Use Residential 1 and 2 zone. The MUR-I and MUR-2 zones are designed to apply to predominantly residential areas where mixed-uses are allowed when compatible with the residential use. A high-density (MUR-1) and moderate-density (MUR-2) designation is available within the MUR zone. K. TMU: Triangle Mixed-Use zone. The TMU zone applies to most land within the Tigard Triangle, a regional Town Center bounded by Pacific Highway, Highway 217, and Interstate 5. The TMU zone is intended to be an active, urban, multimodal, and mixed-use district that accommodates a variety of Commercial Zones 18.120-2 Code Update:12118 housing options and uses, promotes pedestrian-oriented development, and limits new auto-oriented development. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.120.030 Land Use Standards A. General provisions. A list of allowed,restricted, conditional, and prohibited uses in commercial zones is provided in Table 18.120.1, except for uses in the TMU zone,which are provided in Chapter 18.660,Tigard Triangle Plan District. 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. 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. All allowed, restricted, and conditional uses in the C-N and C-C zones are subject to additional land use restrictions in Section 18.120.040. C. Development standards. The standards for residential development in commercial zones are located in the applicable housing type chapter in 18.200 Residential Development Standards. The standards for nonresidential development in commercial zones—including mixed-use development with or without a residential component—are located in Chapter 18.320, Commercial Zone Development Standards, and the applicable plan district chapter,if any. Commercial Zones 18.120-3 Code Update:12118 Table I Commercial i Use Categories C-N C-C C-G C-P MU-CBD MUE MUC-1 MUC MUEFMUR [1] [1] [2] 1 and 2 and 2 Residential Use Categories Group Living R [3] R[3] R [3] P A A A A A A Household Living R [3] R[3] R [3,4] P A A A A A 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/C [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 Commercial Zones 18.120-4 Code Update:12118 Table I Commercial i Use Categories C-N C-C C-G C-P MU-CBD MUE MUC-1 MUC MUE MUR [1] [1] [2] 1 and 2 1 and 2 Personal Services A A A A A A R [8] A R [9] R [12] Repair-Oriented Retail A A A A A A R [8] R[9] R [9] P Sales-Oriented Retail A A A R[II] A/R[17] A/R[18] R[8] A R [9] R[12] Self-Service Storage P P C P A/P [71 P P P P P Vehicle Fuel Sales C C C P A/P [7] P C C C P Industrial Use Categories Z 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 P P P P P P Light Industrial P P P P P R [151 P P R [151 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 [141 P P R[14, 151 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 A/R 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 floor of a mixed-use development where the ground floor contains an allowed commercial use. Commercial Zones 18.120-5 Code Update:12118 [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: 1 S 135AA-00400, 1 S 135AA-01400, 1 Sl 35AA-01900, 1 S 135AA-01901, 1 Sl 35DA-02000, 1 S 135AA- 02500, 1 S 135AA-02600, 1 S 135AA-02700, 1 S 135DA-01900, and 1 S 1 DA-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 18.670.020.0. [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. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Commercial Zones 18.120-6 Code Update:12118 18.120.040 Land Use Restrictions The following restrictions apply to all uses in the C-N and C-C zones: A. Uses must be contained inside a structure except for the following accessory uses: 1. Parking and loading areas; 2. Day care outdoor play areas; 3. Dining or drinking areas where associated with an allowed Eating and Drinking Establishment or Sales-Oriented Retail use; or 4. Sale, display, or storage of horticultural and food merchandise where limited to a maximum area of 5 percent of the gross floor area of the primary use. B. Uses with drive-through services or operating before 6 a.m. or after 11 p.m. are allowed conditionally. C. Each use is allowed a maximum gross floor area of 5,000 square feet per building or tenant except for the following uses: 1. Sales-Oriented Retail uses primarily involved in the sale of food and beverages are allowed a maximum gross floor area of 40,000 square feet per building or tenant; and 2. All other Sales-Oriented Retail uses are allowed a maximum gross floor area of 10,000 square feet per building or tenant. (Ord. 18-28 §1) 18.120.050 Housing Types A. A housing type is not a use category. It describes a type of development that can contain a Household Living or Group Living use. B. A list of allowed, limited, and prohibited housing types in commercial zones is provided in Table 18.120.2. Commercial zones that do not allow any residential uses or allow them only in a mixed-use development are not included in the table. Terms and abbreviations used are defined as follows: 1. Yes,allowed(Y). Housing types that are allowed. 2. Limited(L). Housing types that require a conditional use approval or are allowed subject to specific limitations. 3. No,prohibited(N). Housing types that are not allowed under any circumstance. C. Housing types that are allowed or allowed on a limited basis are subject to the standards and provisions of the applicable development standards chapter or applicable plan district chapter, if any. The applicable development standards chapter for each housing type is indicated in parentheses in the first column of Table 18.120.2. D. All allowed housing types may be built on site or brought to the site as a manufactured home. Tiny houses are prohibited in all zones. Commercial Zones 18.120-7 Table : I Commercial i Housing Types C-G CBD MUE MUC-1 MUC iMnd 2 1 and 2 Detached Dwellings Accessory Dwelling Units N N N Y L[l] L[I] L[I] (18.220) Cottage Clusters(18.240) N N N N N N Y Mobile Home Parks(18.260) N L[21 N Y L[3] L[3] L[31 Single Detached Houses L[4] N L[5] Y L[3] L[3] L[3] 18.290 Attached Dwellings Accessory Dwelling Units N N N Y L[l] L[I] L[I] (18.220) Apartments(18.230) N Y Y Y Y Y Y Courtyard Units (18.250) N N N N N N Y Quads(18.270) N N N N N N Y Rowhouses(18.280) N Y L[51 Y L[3] L[31 Y Y=Yes,Allowed L=Limited, See Footnotes N=No, Prohibited [1] Accessory dwelling units are only allowed on sites with pre-existing single detached houses. [2] Mobile home parks that were lawfully in existence prior to the adoption of the MU-CBD zone are allowed. All new mobile home parks are prohibited. [3] Mobile home parks, single detached houses, and rowhouses that were lawfully in existence prior to the adoption of the Washington Square Regional Center Plan District are allowed. Conversion of pre-existing mobile home parks, single detached houses, or rowhouses to other housing types or uses is subject to the requirements of Chapter 18.670, Washington Square Regional Center Plan District. [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] Pre-existing single detached houses and rowhouses are allowed. All new single detached houses and rowhouses are prohibited. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Commercial Zones 18.120-8 Code Update:12118 Chapter 18.670 WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT Sections: 18.670.010 Purpose 18.670.020 Applicability 18.670.030 Uses 18.670.040 Development Standards 18.670.050 Pre-Existing Uses and Developments 18.670.060 Street Connectivity 18.670.070 Site Design Standards 18.670.080 Building Design Standards 18.670.090 Signs 18.670.100 Street and Accessway Standards 18.670.010 Purpose A. Purpose. 1. The purpose of this chapter is to implement the vision, concepts, and principles contained in the Washington Square Regional Center Plan, and the recommendations contained in the Phase II Implementation Plan Summary Report prepared by a task force appointed by the City of Tigard. 2. Metro's Regional Urban Growth Management Functional Plan target growth capacity for the Washington Square regional center will be met by allowing mixed-use development within the regional center at densities appropriate for an urban center. 3. A mixed-use regional center will contain a variety of districts that vary in scale, predominant use, and character. Distinct districts, connected to each other and to the rest of the region by a multimodal transportation system, will provide a range of working, living, and shopping opportunities. 4. Improved multimodal transportation links, higher densities, variety of land uses, and enhanced environmental qualities will all contribute to create a desirable, livable community in the face of dramatic population and employment growth. 5. New mixed-use zoning districts, along with existing residential zoning districts in established areas, are appropriate for the regional center. B. Design principles. Design standards for public street improvements and for new development and renovation projects have been prepared for the Washington Square Regional Center Plan District. These design standards address several important guiding principles adopted for the Washington Square Regional Center Plan District, including creating a high-quality mixed-use area, providing a convenient pedestrian and bikeway system, and utilizing streetscape to create a high-quality image for the area. C. Development conformance. All new developments, including remodeling and renovation projects resulting in new commercial uses, are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the development and building codes, developments will be required to dedicate and Washington Square Regional Center Plan District 18.670-1 Code Update:10119 improve public streets; connect to public facilities such as sanitary sewer, water, and storm drainage; and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. (Ord. 18-23 §2; Ord. 17-22 §2) 18.670.020 Applicability A. Applicability. The regulations of this chapter apply to nonresidential and mixed-use development in the Washington Square Regional Center Plan District. The boundaries of the plan district are shown on Map 18.670.A, located at the end of this chapter, and on the official zoning map. Residential development in the Washington Square Regional Center Plan District is subject to the standards of the applicable residential development chapter. B. Conflicting standards. The following standards apply to all development located within the Washington Square Regional Center Plan District within the MUC, MUE and MUR zones. The standards and requirement in this chapter govern in the event of a conflict. C. Subdistricts. The sub-area identified on Map 18.670.A has different land use and development regulations. In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor Vehicle Sales/Rental may be allowed as a stand-alone use provided all outdoor vehicle sales inventory is screened from view from adjacent public roadways by a mixture of opaque screens and evergreen landscaping and complies with all other applicable development standards. (Ord. 18-23 §2; Ord. 17- 22 §2) 18.670.030 Uses Allowed, restricted and conditional uses are those uses allowed, allowed with restrictions, or allowed conditionally within the MUC, MUE-1, MUE-2, MUR-1 or MUR-2 zones provided in Table 18.120.1. (Ord. 18-23 §2; Ord. 17-22 §2) 18.670.040 Development Standards A. Compliance required. All development must comply with all applicable development standards provided in this title, except where an adjustment has been obtained in compliance with Chapter 18.715,Adjustments, and Subsections 18.670.040.0 and D. B. Development standards. Development standards that apply within mixed-use zones in the Washington Square Regional Center Plan District are in Table 18.320.1 or in the development standards chapter for each housing type. Existing developments that do not meet the standards specified for a particular base zone may continue in existence and be altered subject to Section 18.670.050. C. Density for developments including or abutting riparian setback. Notwithstanding the density standards, the maximum residential density and mixed-use and nonresidential floor area ratio for developments that include or abut riparian setbacks is limited to less than 110 percent of the minimum residential density and floor area ratios in all mixed-use zones, except when the following are met: 1. Wetlands within the development are expanded or enhanced in conformance with the Oregon Division of State Lands Wetlands Restoration and Enhancement Program, and if applicable; 2. Fish habitat within the development is enhanced in conformance with the Oregon Division of State Lands Fish Habitat Enhancement Program, and if applicable; Washington Square Regional Center Plan District 18.670-2 Code Update:10119 3. The overall flood storage capacity of the 100-year floodplain within the development is increased by 10 percent. If the enhancements described above are approved,or if enhancements are already in existence,the maximum residential density standards and no maximum floor area ratio standards for mixed-use and nonresidential developments apply. D. Adiustments to density. The density standards are designed to implement the goals and policies of the comprehensive plan. These requirements apply throughout the Washington Square Regional Center Plan District, but the city recognizes that some sites are difficult to develop or redevelop in compliance with these requirements. The adjustment process provides a mechanism by which the minimum density standards may be reduced by up to 25 percent of the original requirement if the proposed development continues to meet the intended purpose of the requirement and findings are made that all approval criteria are met. Adjustments provide flexibility for unusual situations and allow for alternative ways to meet the purpose of this title. 1. The approval authority will approve or approve with conditions an application for an adjustment when all of the following are met: a. Granting the adjustment will equally or better meet the purpose of the regulation to be modified; b. The proposal will be consistent with the desired character of the area; c. If more than one adjustment is being requested, the cumulative effect of the adjustments results in a development that is still consistent with the overall purpose of the zone; and d. Any impacts resulting from the adjustment are mitigated to the maximum extent possible. 2. Adjustments are processed through a Type I procedure, as provided in Section 18.710.050, along with the land use application for development that has been filed. 3. Adjustments are prohibited for the following items: a. To allow a primary or accessory use that is not allowed by the regulations; b. As an exception to any restrictions on uses or development that contain the words "prohibited"or"not allowed"; c. As an exception to a qualifying situation for a regulation, such as zones allowed or items being limited to new development; d. As an exception to a definition or classification; or e. As an exception to the procedural steps of a procedure or to change assigned procedures. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.670.050 Pre-Existing Uses and Developments Pre-existing housing units in mixed-use zones are allowed. Conversion of pre-existing housing units to other uses is subject to the requirements of this chapter. Notwithstanding the provisions of Section Washington Square Regional Center Plan District 18.670-3 Code Update:10119 18.50.040, pre-existing land uses and associated development that were lawfully in existence at the effective date of the Washington Square Regional Center Plan District are treated as lawful or approved uses and developments. A. Future additions, expansions, or enlargements to such uses or structures will be limited to the property area and use lawfully in existence at the effective date of this chapter. An addition, expansion, or enlargement of such lawfully pre-existing uses and structures up to 20 percent of the floor area lawfully in existence at the effective date of this chapter will be allowed provided the applicant of such proposed addition, expansion, or enlargement demonstrates substantial compliance with all applicable development standards in this title, or that the applicant demonstrates that the purposes of applicable development standards are addressed to the extent that the proposed addition, expansion, or enlargement allows. B. All additions, expansions, or enlargements of existing uses or structures that take place after using the 20 percent addition, expansion, or enlargement exception must be in compliance with the development standards of this title. C. If a pre-existing use is destroyed by fire, earthquake, or other natural disaster, then the use will retain its pre-existing status under this provision provided it is substantially reestablished within 3 years of the date of the loss. The new development must comply with this title. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.670.060 Street Connectivity A. Purpose. The standards provide a way for creating continuity and connectivity within the Washington Square Regional Center(WSRC). They provide incremental street and accessway development that is consistent with WSRC needs and regional and state planning principles for connectivity. The primary objective is to create a balanced, connected transportation system that distributes trips within the WSRC on a variety of streets. B. Demonstration of standards. All development must demonstrate how one of the following standard options will be met. Adjustments to these standards may be approved as provided in Chapter 18.715, Adjustments. 1. Design option. a. Local street spacing must provide public street connections at intervals of no more than 530 feet. b. Bike and pedestrian connections on public easements or rights-of-way must be provided at intervals of no more than 330 feet. 2. Performance option. a. Local street spacing must occur at intervals of no less than 8 street intersections per mile. b. The shortest vehicle trip over public streets from a major building entrance to a collector or greater facility is no more than twice the straight-line distance. Washington Square Regional Center Plan District 18.670-4 Code Update:10119 c. The shortest pedestrian trip on public right-of-way from a major building entrance to a collector or greater facility is no more than 1.5 times the straight-line distance. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.670.070 Site Design Standards A. Compliance. All development must meet the following site design standards. B. Building placement on arterials and collectors. 1. Purpose. Architecture helps define the character and quality of a street and can make a strong statement about the overall community and city at large. The placement and design of buildings provides the framework for the streetscape and defines the edges of the public right-of-way. Architecture and ground floor uses can activate the street, either by its design presence or by those who come and go from it. At intersections, investing in building frontages can create gateways and special places that add to the character of the area. 2. Standard. Buildings must occupy a minimum of 50 percent of all street frontages along arterial and collector streets. Buildings shall be located at public street intersections on arterial and collector streets. C. Buildiniz setback. 1. Purpose. Buildings and investment in architecture is most conspicuous when it is visible from the street. The presence of buildings closely sited at the edge of the right-of-way creates an envelope for the street and a sense of permanence. 2. Standard. The minimum and maximum building setback from public street rights-of-way must be in compliance with Table 18.320.1. D. Front setback design. 1. Purpose. The front setback is the most conspicuous face of a building and requires special attention. Places for people and pedestrian movement helps create an active and safer street. Higher level of landscape anticipates a more immediate visual result. 2. Standard. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced expansion of the pedestrian path must be provided between a structure and a public street or accessway. If a building abuts more than one street, the required improvements must be provided on all streets. Landscaping must comply with the applicable standard in Subsection 18.670.070.F. Hard- surfaced areas must be constructed with scored concrete or modular paving materials. Benches and other street furnishings are encouraged. These areas may contribute to the minimum landscape area standard provided in Table 18.320.1. E. Walkwav connection to building entrances. 1. Purpose. As density increases and employee and resident populations increase, it is expected that more people will move between businesses within the WSRC. Provisions should be made to encourage people to walk from business to business, and housing to business rather than use automobiles. Washington Square Regional Center Plan District 18.670-5 Code Update:10119 2. Standard. A walkway connection is required between a building's entrance and a public street or accessway. This walkway must be at least 6 feet wide and be paved with scored concrete or modular paving materials. Building entrances at a corner adjacent to a public street intersection are required. These areas may contribute to the minimum landscape area standard provided in Table 18.320.1. F. Parkiniz location and landscape design. 1. Purpose. The emphasis on pedestrian access and a high-quality streetscape experience requires that private parking lots that abut public streets should not be the predominant street feature. Where parking does abut public streets, high quality landscaping should screen parking from adjacent pedestrian areas. 2. Standard. Parking for buildings or phases adjacent to public street rights-of-way must be located to the side or rear of newly constructed buildings. When buildings or phases are adjacent to more than one public street, primary streets will be identified by the city where this requirement applies. In general, streets with higher functional classification will be identified as primary streets unless specific design or access factors favor another street. If located on the side,parking is limited to 50 percent of the primary street frontage. When abutting public streets,parking must be screened to the S-4 standard as provided in Table 18.420.2. All other site landscaping must be planted to the L-2 standard. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.670.080 Building Design Standards A. Compliance. All new buildings constructed in the MUC, MME, and MUR zones within the WSRC must comply with the following design standards. B. Ground floor windows. 1. Purpose. Blank walls along the street frontage tend to be neglected and are not pedestrian friendly. Windows help keep "eyes on the street" that promote safety and security and can help create a lively street frontage by displaying activities and products within the building. Lighting at night from ground floor windows also adds to the presence of activity and the sense that someone is home. 2. Standard. All street-facing elevations within the building setback (0 to 10 feet) along public streets must include a minimum of 50 percent of the ground floor wall area with windows, display areas, or doorway openings. The ground floor wall area is measured from 3 feet above grade to 9 feet above grade the entire width of the street-facing elevation. The ground floor window requirement must be met within the ground floor wall area and for glass doorway openings to ground level. Up to 50 percent of the ground floor window requirement may be met on an adjoining elevation provided the entire requirement is located at a building corner. C. Building facades. 1. Purpose. Straight, continuous, unarticulated walls lack interest, character, and personality. The standard provides minimum criteria for creating a diverse and interesting streetscape. 2. Standard. Facades that face a public street must provide at least one of the following features at least every 50 feet: Washington Square Regional Center Plan District 18.670-6 Code Update:10119 a. A variation in building materials; b. A building off-set of at least 1 foot; c. A wall area that is entirely separated from other wall areas by a projection, such as an arcade; or d. By another design features that reflect the building's structural system. Buildings greater than 300 feet in length must provide a pedestrian connection between or through the building. D. Weather protection. 1. Purpose. Weather protection is encouraged to create a better year-round pedestrian environment and to provide incentive for people to walk rather than drive. 2. Standard. Weather protection for pedestrians, such as awnings, canopies, and arcades, must be provided at building entrances. Weather protection is encouraged along building frontages abutting a public sidewalk or a hard-surfaced expansion of a sidewalk, and along building frontages between a building entrance and a public street or accessway. E. Buildinia materials. 1. Purpose. High quality construction and building materials suggest a level of permanence and stature appropriate to a regional center. 2. Standard. Plain concrete block, plain concrete, corrugated metal, plywood, sheet press board, or vinyl siding are prohibited as exterior finish materials. Foundation material may be plain concrete or plain concrete block where the foundation material is not revealed for more than 2 feet. F. Roofs and roof lines. 1. Purpose. Roof line systems that blur the line between the roof and the walls of buildings should be avoided. This standard simply states that roofing materials should be used on the roof and that wall finish materials should be use on building walls. The premise is that future buildings in the WSRC should have a look of permanence and quality. 2. Standard. Except in the case of a building entrance feature, roofs must be designed as an extension of the primary materials used for the building and should respect the building's structural system and architectural style. False fronts and false roofs are prohibited. G. Roof-mounted equipment. 1. Purpose. Roof top equipment, if not screened properly, can detract from views of adjacent properties. Also, roofs and roof-mounted equipment can be the predominant view where buildings are down slope from public streets. 2. Standard. All roof-mounted equipment must be screened to the S-1 standard as provided in Section 18.420.050. Satellite dishes and other communication equipment must be set back or positioned on a roof so that exposure from adjacent public streets is minimized. Solar heating panels are exempt from this standard. (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) Washington Square Regional Center Plan District 18.670-7 Code Update:10119 18.670.090 Signs Signs. In addition to the requirements of Chapter 18.435, Signs,the following standards must be met: A. Residential-only developments within the MUC, MUE, and MUR zones must meet the sign requirements for residential zones as provided in Subsection 18.435.130.A; nonresidential developments within the MUC zone must meet the sign requirements for the C-G zone as provided in Subsection 18.435.130.B; nonresidential development within the MUE zones must meet the sign requirements of the C-P zone as provided in Subsection 18.435.130.C; and nonresidential development within the MUR zones must meet the sign requirements of the C-N zone as provided in Subsection 18.435.130.D. Sign area increases are prohibited. B. The maximum height limit for all signs except wall signs is 10 feet. Wall signs may not extend above the roofline of the wall on which the sign is located. Height increases are prohibited. C. Freestanding signs are prohibited within required S-4 screening. (Ord. 19-09 §1; Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) 18.670.100 Street and Accessway Standards The recommended roadway functional classification map and street cross-sections in the Washington Square Regional Center Plan govern the improvement and construction of major streets within the Washington Square Regional Center Plan District. Washington Square Regional Center Plan District 18.670-8 Code Update:10119 Map 18.670.A: Washington Square Regional Center Plan District Boundaries + -trri Washington Square Regional �� t ' Center Plan District 1114 ii - 1 !Plait District Boundary - Mall Subdistrict Boundary - L –fut Tigard City Boundary _rq ? a o 50,000 100,000 200,000 N I so r 7- _ 1 4. CLINTON-T#A f a i + � UP.ncorporated � Washington County: � fo Plan DEM-Sia-21 strict Standards to r- apply upon annexation a m 21711 H _= Illllf i hFF �z I\ F r Tr--r- 4H r-r- 7 ••� m—_ - PJB GR�FIva P 1 . _ -�-�' + 7 / ' o PG eAP I (Ord. 18-28 §1; Ord. 18-23 §2; Ord. 17-22 §2) ■ Washington Square Regional Center Plan District 18.670-9 Code Update:10119