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DIR1999-00006 T w` wmdlyliu muUIU�, ,��� August 17, 1999u I", CITY OF TIGARD Mr. Tom Wright, Planning Manager OREGON Group Mackenzie 0690 SW Bancroft St. PO Box 69039 Portland, OR 97201 -0039 RE: Interpretation of Community Development Code for Motorcycle Sales and Service in Industrial Park (I -P) zone Dear Mr. Wright: The City received your request for an interpretation of the Community Development Code to determine the Use Classification for the proposed Harley Davidson Motorcycle dealership. The following is an evaluation of the zone and the use classifications most closely related to the project you have described. BACKGROUND The purpose of the I -P zoning district is to provide 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 ensure that developments will be well- integrated, attractively landscaped, and pedestrian - friendly. The following uses are permitted without size limitations in the I -P zone and are not conditional uses: Emergency Services, Postal Service, Public Support Facilities, Commercial Lodging, Outdoor Entertainment, Indoor Entertainment, Repair- Oriented General Retail, Animal - Related, Vehicle Fuel Sales, Office, Self- Service Storage, Non - Accessory Parking, Light Industrial, Research and Development, Wholesale Sales, Agriculture /Horticulture, Wireless Communication Facilities, and Rail Lines /Utility Corridors. The Tigard Development Code does not have a specific Use Classification for Motorcycle Sales. Section 18.130.030 states that "It is not possible to contemplate all of the various uses which will be compatible within a zoning district. Therefore, unintentional omissions occur." The code therefore has a provision for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses. The Director is authorized to make an interpretation based on the following approval standards: 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 - age o 3 (1) The use is consistent with the intent and purpose of the applicable zoning district; (2) The use is similar to and of the same general type as the uses listed in the zoning district; (3) The use has similar intensity, density, and off -site impacts as the uses listed in the zoning district; and (4) The use has similar impacts on the community facilities as the > .t listed uses. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, water, and sanitary sewer and storm drainage systems. ANALYSIS — SALES COMPONENT In your request for an interpretation you have indicated that you feel the proposed use most closely fits a combination of General Retail Sales and General Retail - Repair Oriented. Motorcycle sales and service was a permitted use in the I -P zone prior to the adoption of the revised community development code in November 1998. Based on the applicant's description of motorcycle sales, typically, the majority of sales activity occurs indoors or by special order. This is confirmed by staffs general observation of other • motorcycle sales establishments. Because the use is contained primarily within a building, staff concurs that it is distinctly different in nature than vehicle sales uses listed under the Motor Vehicle Sales /Rental classification which requires a large amount of outdoor display and surface parking. The use classification states that Sales Oriented General Retail includes: "Establishments which consumer - oriented sales, leasing and rental of consumer, home and business goods including art; art supplies; bicycles; clothing; dry goods; electronic equipment; fabric; gifts; groceries; hardware; household products; jewelry; pets and pet products; pharmaceuticals; plant; printed materials; stationery and videos. Excludes large -scale consumer products (see 18.130.020 C.4.d.); and those sold primarily outdoors (see 18.130.020 C.4.e., Outdoor Sales)." Bulk sales is defined as: "Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliances and home improvement sales." INTERPRETATION Because the use does not require "extensive interior space for display" the Director has determined that motorcycle sales has a similar intensity, density and off -site impact to that of any other Sales Oriented Retail Sales Use. ANALYSIS- REPAIR COMPONENT The other component of the proposed business is motorcycle repair. Along the same lines as the above analysis, the argument could be made that this use is similar to uses permitted in the I -P zone. Even if the Director were to take a more conservative approach to reviewing the repair use by defining it as Automotive Repair, this is still a conditional use in the I -P zone. Because even Automotive Repair is considered compatible with uses in the I -P zone, it is reasonable to make the interpretation that a less intensive use, such as motorcycle repair is compatible with the zone. Interpretation for proposed use in the I -P zone Page 2 of 3 INTERPRETATION Based on the analysis above, the Director has determined that the General Retail- Repair Oriented classification more closely fits the repair of motorcycles. The use classification defines this use as: "Establishments which engage in the repair of consumer and business goods including television and radios; bicycles; clocks; jewelry; guns; small appliances and office equipment; tailors and seamstresses; shoe repair; locksmith and upholsterer." Based on the facility information provided in your July 20, 1999 letter, the proposed Harley Davidson site could meet the parameters of a permitted use in the I -P zone by providing 80% General Retail- Repair Oriented use with associated office and 20% General Retail. Of course you will be required to obtain Site Development Review approval prior to beginning any construction. Please be aware that this letter is a written interpretation of the use only and may not be construed as an approval of any proposals that have been discussed with staff. You will still need to submit necessary applications in order to construct and use any new building. This interpretation does, however, conclude that Motorcycle repair most closely fits the General Retail- repair oriented use classification and that motorcycle sales most closely fits the General retail sales classification. Both of which are permitted in the I -P zone. Sincerely, James N.P. Hendryx Director of Community Development is \curpin \julia \Motorcycle interpretation.doc c: Richard Bewersdorff, Planning Manager Julia Hajduk, Associate Planner 1999 Planning correspondence file Interpretations file Interpretation for proposed use in the I -P zone Page 3 of 3 1 G R O U P P ACKENZIE July 30, 1999 City of Tigard Attention: Julia Hajduk, Associate Planner 13125 SW Hall Blvd Tigard, OR 97223 Re: Harley Davidson Director's Interpretation NI ▪ N Group Mackenzie Project #990199 C3 N Dear Julia: o x • w At the request of Richard Bewersdorff of your office, the following will provide additional a 8 information necessary for the formal Director's Interpretation, and specifically Section 18.130.030 C) and D) of the Tigard Development Code. This information will supplement tel E our letter to Richard dated July 20, 1999. a x • 0° The City of Tigard Development Code identifies the following approval standards in a :: Section 18.130.030 C) and D): • z 75 2 "C. 1. The use is consistent with the intent and purpose of the applicable zoning district;" � M rn 0O N Response: The site is zoned I -P (Industrial Park). According to the Tigard Development • F Code, the I - 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 Group Mackenzie, impacts, e.g., noise, glare, odor, vibration, are permitted in the I -P zone." Essentially, Incorporated the zone is intended to provide a location for "clean" industrial users that have minimal Architecture exterior impacts. The proposed site is located in close proximity to the Greenburg Interior Design Road/217 interchange. The uses in the area are a mix of light industrial and commercial Land Use Planning uses. The zoning in the area is also mixed with a combination of I -P and C -G. The C -G Group zoning allows for a full range of general commercial uses. Mackenzie Engineering, Incorporated The Tigard Code provides a table with permitted, restricted, and conditionally permitted Civil/Structural uses. The permitted uses are allowed "outright" with Design Review approval, the Engineering restricted uses are allowed with additional development standards applied during Design Planniingrtation Review, and the Conditional Uses are allowed with Design Review and Conditional Use Permit approval by the Hearings Officer (called a Type III -HO by the Tigard Code). The The tradition of Mackenzie Engineering and Mackenzie (Sa i to continues. HAPROIECTS\990199\WPDG30L I . WPD Julia Hajduk Project #990199 July 30, 1999 Page 2 use proposed (motorcycle sales and service) is not specifically listed under the Tigard Code. However, there are several similar uses in the Code. To make a case for the proposed use being allowed in the I -P District, it is helpful to look at other uses that might have similar characteristics. It is also helpful to look at similar uses that are not permitted and make a case as to how the proposed use differs from these uses. A comparison of uses listed in the Tigard Code in the I -P district is as follows: Permitted Uses ► General Retail Sales - (may not exceed 20% of the entire square footage within a development) ► General Retail - Repair Oriented ► Motor Vehicle Fuel ► Offices Not Permitted ► Bulk Sales ► Outdoor Sales ► Motor Vehicle Sales and Rental The proposed use is most similar to a combination of uses permitted in the Tigard Code, specifically "General Retail Sales" and "General Retail - Repair Oriented." The Code definition for "General Retail - Sales Oriented" includes a variety of items that are similar such as bicycles, electronic equipment, and the "catch -all" category of "consumer- oriented sales." Other similar retail operations and repair services that would be allowed include examples like a John Deere dealer or other small engine repair or sales business. The use is NOT like "Motor Vehicle Sales and Rental" (which is not permitted in the I - P). The Tigard Code provides a definition for "Motor Vehicle Sales/Rental" which includes "car, light and heavy truck, mobile home, boat and recreational vehicle sales, rental and service." Motorcycles are not specifically listed under the definition. This is supported by correspondence from Richard Bewersdorff to me dated June 17, 1999 which describes the background of this issue as it relates to adoption of amendments to the Development Code last winter. Specifically, Richard indicates that "the new code consolidated a number of use categories especially of the commercial type. The intent was not to create non- conforming uses though we suspected there might be issues relative to some uses we may have missed. In the previous Development Code, motorcycle sales were specifically listed as a permitted use as part of an auto sales and light repair commercial category. This was allowed in the I -P zone. The new Development Code does not specifically list motorcycle sales in any motor vehicle category. There is an existing motorcycle dealership in the I -P zone on Cascade Boulevard. It was originally sited as a minor modification involving the replacement of a large -scale rental facility. As indicated above, it was not the City's intent to make the motorcycle dealership a non - conforming use with the adoption of the new H:\PROJECTS\990199\WPDG3OL l . WPD Julia Hajduk Project #990199 July 30, 1999 Page 3 Code. For motorcycle dealerships only, we interpret the Code to allow this particular use in the I -P zone." This approval standard is met. "C. 2. The use is similar to and of the same general type as the uses listed in the zoning district;" Response: As indicated above, motorcycle sales and service (i.e., motorcycle dealership) was specifically identified by the City as a use which is the same general type as other permitted uses in the I -P zone. Specifically, motorcycle sales were specifically listed as a permitted use prior to recent Development Code amendments. The City has stated that it was not the intent to restrict these uses by these amendments. This approval standard is met. "C. 3. The use has similar intensity, density and off -site impacts as the uses listed above in the zoning district;" Response: As indicated above, motorcycle sales and service (i.e., motorcycle dealership) was specifically identified by the City as a use which has the same level of intensity and off -site impacts as other uses listed in the I -P zoning District. Specifically, the City recognized that the use was permitted in the I -P zone prior to recent Development Code amendments, and that it was not the intent to make an existing motorcycle dealership in the area a non - conforming use. It should be noted that the I -P zone restricts sales to 20% of the floor area. This approval standard is met. "C. 4. The use has similar impacts on the community facilities as the listed uses. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, and water, sanitary sewer and storm drainage systems." Response: The motorcycle sales and service or dealership has similar impacts to "community facilities" as other uses listed in the I -P zone. No unusual impacts are identified for this type of use. This approval standard is met. H:\PROJECTS\990199 \WP\9G30L 1. WPD Julia Hajduk Project #990199 July 30, 1999 Page 4 "D. 1. The Director shall not authorize an unlisted use in a zoning district if the use is specifically listed in another zone as either a permitted use or a conditional use." Response: This issue is addressed in the response to approval standard C -1 above. This approval standard is met. "D. 2. The Director shall maintain a list by zoning district of approved unlisted uses and the list shall have the same effect as an amendment to the use provisions of the applicable zone." Response: The Director's representative, Richard Bewersdorff, has notified us that the motorcycle dealership use has been considered previously in terms of an approved use. It is unknown if a formal list of approved uses is maintained by the Director. This approval standard is met. Based on the above discussion, the approval standards and other provisions required for a Directors Interpretation as requested is met. Please call me if you have any questions or if you need additional information. Sincerely, l_ Tom Wright, Planning Manager TCW /pup c: E Wail e - Harley Davidson John Knight - Group Mackenzie H :\PROJECTS\990199 \WP\9g3011.wpd - DIRECTOR'S INTERPRETATION Group Mackenzie on behalf of Harley Davidson Corporation requested a formal interpretation of the Tigard Community Development Code provisions on July 20, 1999. The request is to determine whether a motorcycle dealership is a permitted use in the Industrial Park (I -P) Zone. Chapter 18.340. establishes the procedure for a Director's Interpretation. Development Code section 18.130.030 establishes procedures for authorization of a similar use according to the procedures of Chapter 18.340. Chapter 18.130.030 indicates that it is not possible to contemplate of the various uses which would be compatible within a zoning district. This section also indicates "unintentional omissions occurs ". Approval standards for the authorization of a similar use are as follows: 1. The use is consistent with the intent and purpose of the applicable zoning district. 2. The use is similar to and of the same general type as the uses listed in the zoning district. 3. The use has similar intensity, density and off-site impacts as the uses listed in the zoning district and 4. The use has similar impacts on community facilities as the listed uses. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, and water, sanitary sewer and storm drainage systems. In addition, Chapter 18.130.030 provides that the Director shall not authorize an unlisted use if the use is specifically listed in another zone as either a permitted or a conditional use. The Group Mackenzie submittal of July 20, 1999 did not respond to the above criteria. Group Mackenzie was asked to address the criteria by letter on July 21, 1999. Group Mackenzie submitted the additional justification on I: \curpin \dick \harleyd.int G R O U P - TVfACKENZI E July 20, 1999 City of Tigard Community Development Department Attention: Richard Bewersdorff, Planning Manager 13125 SW Hall Blvd. Tigard, OR 97223 Re: Harley - Davidson Dealership on S.W. Cascade Avenue • CO Directors Interpretation of Use CO tO Group Mackenzie Project #990199 O N N Dear Mr. Bewersdorff: o On behalf of Harley - Davidson, Group Mackenzie would like to formally request a Director's E Interpretation of a use under Tigard Development Code Chapter 18.340. As indicated in our prior • . correspondence and your letter of June 17, 1999, the proposed use requested is a Harley- Davidson P 0 Motorcycle Dealership in the I -P zone. Since "motorcycle dealership" is not specifically listed in the E Q. I -P zone, a formal interpretation is needed. x O 0 co ` __ The following items are included: • v • z 1. Information to support the request (included below) 2. A conceptual site plan for reference (Attachment "A ") 3. A $340 check for the processing fee (enclosed) • o 4. Letter dated June 17, 1999 signed by Richard Bewersdorff (Attachment "B ") F General Facility Information We are working with the following assumptions about the facility: Group Mackenzie, • 70,000- to 80,000 - square -foot total site area Incorporated • 20,000 - to 25,000- square -foot building area Architecture 50% of building floor area to be utilized for repair or servicing of motorcycles Interior Design • 20% of building floor area to be utilized for parts storage (no public access) Land Use Planning • 20% of building floor area to be utilized for retail showroom, parts counter, and sale of Group motorcycle accessories Mackenzie • 10% of building floor area to be utilized for office Engineering, • No outdoor sales Incorporated Civil/Structural Zoning Information: The site is zoned I -P (Industrial Park). According to the Tigard Development Engineering Code, the I -P district "provides appropriate locations for combining light manufacturing, office, Transportation Planning 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, The tradition of odor, vibration, are permitted in the I -P zone." Essentially, the zone is intended to provide a Mackenzie Engineering and location for "clean" industrial users that have minimal exterior impacts. The proposed site is located Mackenzie /Saito continues. H:\PROJECTS\990199 \WP\9G16L1.SK Richard Bewersdorff Project #990199 July 20, 1999 Page 2 in close proximity to the Greenburg Road/217 interchange. The uses in the area are a mix of light industrial and commercial uses. The zoning in the area is also mixed with a combination of I -P and C -G. The C -G zoning allows for a full range of general commercial uses. Zoning Analysis: The Tigard Code provides a table with permitted, restricted, and conditionally permitted uses. The permitted uses are allowed "outright" with Design Review approval, the restricted uses are allowed with additional development standards applied during Design Review, and the Conditional Uses are allowed with Design Review and Conditional Use Permit approval by the Hearings Officer (called a Type III -HO by the Tigard Code). Design Review is an administrative process with notice to neighbors and is referred to as a Type II by the Code. The use proposed (motorcycle sales and service) is not specifically listed under the Tigard Code. However, there are several similar uses in the Code. Chapter 18.340 provides a process to allow for a Director's Interpretation of similar uses. The Director has 14 days to review the request and issue a written decision (which could be appealed to the City Council). To make a case for the proposed use being allowed in the I -P District, it's helpful to look at other uses that might have similar characteristics. It is also helpful to look at similar uses that are not permitted and make a case as to how the proposed use differs from these uses. A comparison of uses listed in the Tigard Code in the I -P district is as follows: Permitted Uses ► General Retail Sales - (may not exceed 20% of the entire square footage within a development) ► General Retail - Repair Oriented ► Motor Vehicle Fuel ► Offices Not Permitted ► Bulk Sales ► Outdoor Sales ► Motor Vehicle Sales and Rental The proposed use is most similar to a combination of uses permitted in the Tigard Code, specifically "General Retail Sales" and "General Retail - Repair Oriented." The Code definition for "General Retail - Sales Oriented" includes a variety of items that are similar such as bicycles, electronic equipment, and the "catch -all" category of "consumer- oriented sales." Other similar retail operations and repair services that would be allowed include examples like a John Deere dealer or other small engine repair or sales business. The use is NOT like "Motor Vehicle Sales and Rental" (which is not permitted in the I -P). The Tigard Code provides a definition for "Motor Vehicle Sales/Rental" which includes "car, light and heavy truck, mobile home , boat and recreational vehicle sales, rental and service." Motorcycles are not specifically listed under the definition. H: \PROJECTS \990199\ W P\9G 16L 1. SK Richard Bewersdorff Project #990199 July 20, 1999 Page 3 Other Supporting Documentation: There is an existing motorcycle dealership located in the I -P zone on Cascade Boulevard. According to the Tigard Planning staff, ". . . it was not the City's intent to make the motorcycle dealership a non - conforming use with the new Code." Summary: According to the above documentation, adequate evidence is available to support the location of a motorcycle dealership in the I -P zone as proposed. To ensure compliance with the Tigard Code additional restrictions incorporated into the use would include: • Restricting sales use to a maximum of 20% of the gross floor area of the development (this would include retail sales of motorcycles, clothes, and accessories), • Prohibiting outdoor sales, and I understand that the Code requires this type of review to be processed within 14 days. Please contact me or John Knight at 224 -9560 if you have any questions. Sincerel , C ro m Wright Planning Manager JRK:TCW /wp c: John Knight, Dennis Woods, Tim McGuire - Group Mackenzie H:\PROJECTS\990199 \WP\9G 16L 1. SK \1 \! V/0/10401,040 c opes �y aoi as yl O X�'7'!0�// %�S ■....,..„._ ,...\\ -._________ aN 1 . N ii I I �� . I 1CsV 4v1400S I ..x I r-. .. y �, ' Ni. 3M�S YTS I fil ,, Yw°Jrj/�l �s o .. •. ., 11 I 111 cp et__ 44 i974 094 ciralime,/00, Nod A 1A� N/Ae Ai , - 3„ ,, ) Rpepilte June 17, 1999 JuN 2 t se �ilmi 011 3 1999 Grou M acKenzie CITY OF TIGARD Tom Wright OREGON Group Mackenzie 0690 SW Bancroft Street PO Box 69039 Portland, OR 97201 -0039 Dear Tom: You requested information on the feasibility of siting a motorcycle dealership on Casca Boulevard : r i P (!-P) de v�.ilCiV [a�U in -ono u�i u ,�� a.� Gf Park � � I discussed the issue with Jim Hendryx the Community Development Director. As you know, the City adopted a new Development Code last winter. The new code consolidated a number of use categories especially of the commercial type. The intent was not to create non - conforming uses though we suspected there might be issues relative to some uses we may have missed. In the previous Development Code, motorcycle sales were specifically listed as a permitted use as a part of an auto sales and light repair commercial category. This was allowed in the I -P zone. The new Development Code does not specifically list motorcycle sales in any motor vehicle category. There is an existing motorcycle dealership in the I -P zone on Cascade Boulevard. it was originally sited as a minor modification involving the replacement of a large -scale rental facility. As indicated above, it was not the City's intent to make the motorcycle dealership a non - conforming use with the adoption of the new Code. For motorcycle dealerships only, we interpret the Code to allow this particular use in the I -P zone. Please be advised that the I -P zone does restrict sales to 20 percent of the square footage of the development complex. Outdoor sales, which includes outdoor display, are not permitted. If you have any questions, please call me. A formal Director's Interpretation is subject to review and appeal and a processing fee of $340. Sincer- C V ir Richard Bewersdorff Planning Manager i s \cu rp I n \dick \m oto rcy . i n t c: Jim Hendryx Julia Hajduk Mark Roberts 1999 Planning correspondence file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 A itZjil k CITY OF TIGAR July 21, 1999 O REGON Tom Wright, Planning Manager Group Mackenzie 0690 SW Bancroft Street PO Box 69039 Portland, OR 97201 -0039 Dear Tom: We are in receipt of your request for a Director's Interpretation for a Harley Davidson motorcycle dealership in an Industrial Park zone. The Director has 14 days to determine whether he will issue an interpretation. We will be able to proceed with that determination when you respond to the following. We appreciate the analysis you provided in your July 20, 1999 letter. It can be useful in making an interpretation. Please be advised, however, that prior to proceeding, we will need a response to the standards listed in the Development Code Section 18.130.030.C. and D. which covers unlisted uses according to the Director's Interpretation procedures. I have attached a copy of the relevant standards. Please provide a detailed response to each. Send your additional documentation to Associate Planner, Julia Hajduk for processing. If you have any questions, either of us will be happy to try to respond. Sincerel , Richard Bewersdorff Planning Manager is \curpl n \d ick\harleyd.let c: Jim Hendryx Julia Hajduk 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 , 'rent by: GROUP MACKENZIE 5032281285; 07/30/99 12:27PM;fe #990;Page 1/5 • GROUP • FAX COVER SHEET 0690 SW Bancroft Shat / I'O Bax 69039 • Pond OR 97201 • Tst 561226.9560 • Net: it fcQStpmociccoett • fie 9002231265 • Company: ci m OF TK,frais — PlANNrt, Project Number. Attention: �tlU f. 1.1A.3 lc- Prvjed A4 — OI}vt oA) Fax: Date: 7, S ej 6 7 From Tijr,4 W pslstFf Descnptina: 71501 TOTAL # of pages s NOTE: If you did not receive all pages, please call our Records (Inchtding this cover sheet): Department at 503/224-9560. To send fazes, use 503/228 -1285. Commeats: • LA U– /af e. l F f: �t C1�, .101 - tFS • • 1 • c: by FAX to: • FAX #: v WPKAAc.E e, 1-25 — qz 2 -- 573 CONROB1rIAUfY NOTICE The Inform :0 =Waft** In Wlis Toxe 1llr narentaion k cerflkeeltal *Id Is Wended one he the uae Cl it1® IndNldmil or entity noted above. flu maim at NI rrmmapa b not Ito Weeded r+di+Wut, tfis sues as nonlIcanon Mai Ofs/ rwearW. dimomaa oopreQ. afa ar We taking of any aeon In reliance cat the oOnteltv of this conunurdcafbn Ir sMAc1M nraliaitd ff this t+anar estop .as received to wee b+*nodtcfvgr marry us at 503!224-9560 to orange far return of tt• Weird lhol 1oa+kn l.. R2 . e«:i aelS. i'Y4RR:Y s : �$?fd 'i.d', wqS ie 3 S F ft �R - ;..., :I::ts l o I I a , t.. . «a l i:t.x <, �� R:,.. .:044 l� .: < � fok$'% i s - K �` x � �, r fs < F.> f. r u a: ••�K [ R:e >� i S r > .£ >x; s t s �8 ": Ys o x k: .�e.,,' = r"liM e' fis`sd;aI 5 ;4": x S ; x Yfi r gg ; <r`>. ` „3s iii t t: tail . '� > ' �: '�: 3: i:F.'t°..ngi .�k..S:.vas.�.E s �' „•• K N�.�'ca. S .,w �3: 4:'I "`< �x?vz:t.cx..3.',�r +.�v�ixvr wayswx% tlf..x Ksft.'SR� i' w FAX INSTRUCTIONS PLEASE NOTE THAT AN ORIGINAL OF THE FAXED INFORMATION WILL NOT BE SENT TO RECIPIL:WT(S) UNLESS SPECIFIC INSIRU'C77ONSARE GI MI BELOW. IN -HOUSE COPIES 0 Send in -house copies to: DISTRIBUTION (Please select ®Jy awe): O OTHER INSTRUCTIONS (Only drone of the To tIR for further action- (NOTE: Snide rravauible to escrow above cloarcv avant): gdegvoa fik copies a o node of all iriwssa&fon). D To arig after fazing. O Copy for U; Original to ta (NOTE: All altadmrerts to the cover sheet will also go to file). O Copy for St ; Original to To Wgkant9gMag teilt nL 01 (ONLY f document sou originated in Ward Processing. "Sent by: GROUP MACKENZIE 5032281285; 07/30/0Q 12:27PM;Jex #990;Page 2/5 I GR_a IIP SACKENZIE July 30, 1999 City of Tigard Attention: Julia Hajduk, Associate Planner • 13125 SW Hall Blvd Tigard, OR 97223 Re: Harley Davidson Director's Interpretation NI CO N Group Mackenzie Project #990199 O N �; Dear Julia: O O At the request of Richard Bewersdorff of your office, the following will provide additional E information necessary for the formal Director's Interpretation, and specifically Section O 18.130.030 C) and D) of the Tigard Development Code. This information will supplement our letter to Richard dated July 20, 1999. P Q � QI The City of Tigard Development Code identifies the following approval standards in ° Section 18.130.030 C) and D): a •• "C. 1. The use is consistent with the intent and purpose of the applicable zoning o • N district;" y o Response: The site is zoned I -P '(Industrial Park). According to the Tigard Development Code, the I -P 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 Macke impacts. e.g., noise, glare, odor, vibration, are permitted in the I -P zone." Essentially, Incorporated the zone is intended to provide a location for "clean" industrial users that have minimal 4rchitccturu exterior impacts. The proposed site is located in close proximity to the Greenburg Intorior `' ° Road/217 interchange. The uses in the area are a mix of light industrial and commercial uses. The zoning in the area is also mixed with a combination of I -P and C -G. The C -G Group zoning allows for a full range of general commercial uses. Mackenzie Engineering. Incorporated The Tigard Code provides a table with permitted, restricted, and conditionally permitted civs =r•= a� uses. The permitted uses are allowed "outright" with Design Review approval, the En9inrtring ; restricted uses are allowed with additional development standards applied during Design TfO pS!OrCJfio� , Tr , Review, and the Conditional Uses are allowed with Design Review and Conditional Use Permit approval by the Hearings Officer (called a Type III -HO by the Tigard Code). The The tradition of Mackcnzio Engineer:ma ants Mackenzie (Saito Sent by: GROUP MACKENZIE 5032281285; 07/30/PQ 12:28PM;Je #990;Page 3/5 Julia Hajduk Project #990199 July 30, 1999 Page 2 use proposed (motorcycle sales and service) is not specifically listed under the Tigard Code. However, there are several similar uses in the Code_ To make a case for the proposed use being allowed in the I -P District, it is helpful to look at other uses that might have similar characteristics. It is also helpful to look at similar uses that are not permitted and make a case as to how the proposed use differs from these uses. A comparison of uses listed in the Tigard Code in the I -P district is as follows: ;f Permitted Uses ► General Retail Sales - (may not exceed 20% of the entire square footage within a development) • General Retail - Repair Oriented Motor Vehicle Fuel ► Offices Not Permitted ► Bulk Sales Outdoor Sales ► Motor Vehicle Sales and Rental The proposed use is most similar to a combination of uses permitted in the Tigard Code, specifically "General Retail Sales" and "General Retail - Repair Oriented." The Code definition for "General Retail - Sales Oriented" includes a variety of items that are similar such as bicycles, electronic equipment, and the "catch -all" category of "consumer- oriented sales." Other similar retail operations and repair services that would be allowed include examples like a John Deere dealer or other small engine repair or sales business. The use is NOT like "Motor Vehicle Sales and Rental" (which is not permitted in the I -P). The Tigard Code provides a definition for "Motor Vehicle Sales/Rental" which includes "car, light and heavy truck, mobile 'home, boat and recreational vehicle sales, rental and service." Motorcycles are not specifically listed under the definition. This is supported by correspondence from Richard Bewersdorff to me dated June 17, 1999 which describes the background of this issue as it relates to adoption of amendments to the Development Code last winter. Specifically, Richard indicates that "the new code consolidated a number of use categories especially of the commercial type. The intent was not to create non- conforming uses though we suspected there might be issues relative to some uses we may have missed. In the previous Development Code, motorcycle sales were specifically listed as a permitted use as part of an auto sales and light repair commercial category. This was allowed in the I -P zone. The new Development Code does not specifically list motorcycle sales in any motor vehicle category. There is an existing motorcycle dealership in the I -P zone on Cascade Boulevard. It was originally sited as a minor modification involving the replacement of a large -scale rental facility. As indicated above, it was not the City's intent to make the motorcycle dealership a non - conforming use with the adoption of the new 'Sent by: GROUP MACKENZIE 5032281285; 07/30/ 12:28PM;Jet #990;Page 4/5 Julia Hajduk Project #990199 July 30, 1999 Page 3 Code. For motorcycle dealerships only, we interpret the Code to allow this particular use in the I -P zone." This approval standard is met. "C. 2. The use is similar to and of the same general type as the uses listed in the zoning district;" Response: As indicated above, motorcycle sales and service (i.e_, motorcycle dealership) was specifically identified by the City as a use which is the same general type as other permitted uses in the I -P zone. Specifically, motorcycle sales were specifically listed as a permitted use prior to recent Development Code amendments, The City has stated that it was not the intent to restrict these uses by these amendments. This approval standard is met. "C. 3. The use has similar intensity, density and off -site impacts as the uses listed above in the zoning district;" Response: As indicated above, motorcycle sales and service (i.e., motorcycle dealership) was specifically identified by the City as a use which has the same level of intensity and off -site impacts as other uses listed in the I -P zoning District. Specifically, the City ! I recognized that the use was permitted in the I -P zone prior to recent Development Code amendments, and that it was not the intent to make an existing motorcycle dealership in the area a non - conforming use. It should be noted that the I -P zone restricts sales to 20% of the floor area. This approval standard is met. "C. 4. The use has similar impacts on the community facilities as the listed uses. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, and water, sanitary sewer and storm drainage systems." Response: The motorcycle sales and service or dealership has similar impacts to "community facilities" as other uses listed in the I -P zone.. No unusual impacts are identified for this type of use_ This approval standard is met_ - Sent by: GROUP MACKENZIE 5032281285; 07/30/ °q 12:29PM;J #990;Page 5/5 • Julia Hajduk Project #990199 July 30, 1999 Page 4 • "D. 1. The Director shall not authorize an unlisted use in a zoning district if the use is specifically listed in another zone as either a permitted use or a conditional use." Response: This issue is addressed in the response to approval standard C-1 above. This approval standard is met. "D. 2. The Director shall maintain a list by zoning district of approved unlisted uses and the list shall have the same effect as an amendment to the use provisions of the applicable zone." Response: The Director's representative, Richard Bewersdorff, has notified us that the motorcycle dealership use has been considered previously in terms of an approved use. It is unknown if a formal list of approved uses is maintained by the Director_ This approval standard is met. Based on the above discussion, the approval standards and other provisions required for a Directors Interpretation as requested is met. Please call me if you have any questions or if you need additional information. Sincerely, Tom Wri Planning Manager 1i TCWIwp ' c: W to - Harley Davidson John Knight - Group Mackenzie • CITY OF TIGARD - RECEIPT OF P AYMENT RECE I F' _ T NO. CHECK AMOUNT :99 31. CREDIT CARD 3400- NAME : HARLEY DAVIDSON 0. ADDRESS : 1,;705 SW FARMINGTON RD CHANGE E CASH AMOUNT 0. BEAVERTON OR PAYMENT DATE �} 97005- 07/CO/ SUBDIVISION PURPOSE OF PAYMENT A . MOUNT PAID PURPOSE OF PAYMENT LAND USE APPL AMOUNT PAID 540. 00 PLANNING USE INTERPRETATION ON PROPERTY TOTAL AMOUNT PAID - - - -> 340.00 O'DONNELL, RAMIS, CREW & CORRIGAN ATTORNEYS AT LAW BALLOW & WRIGHT BUILDING 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE: (503) 222 -4402 FAX: (503) 243 -2944 DATE: July 9, 1991 TO: Dick Bewersdorff, Senior Planner FROM: Michael C. Robinson, City Attorney's Office RE: Question Regarding Variance in Commercial- Professional Zoning District The Commercial- Professional District includes as a permitted use "retail sales ", provided they do not exceed 20% of the entire square footage within the development complex. Tigard Development Code § 18.64.030A.2.m.iii. You asked me whether an applicant may request a variance to this code provision in order to permit a development complex with retail uses exceeding 20% of the entire square footage. The answer is "no" because this would constitute a use variance and the Tigard Development Code does not permit the granting of use variances. The 20% standard in the Commercial - Professional District is a standard which defines a permitted use in that district. The Tigard Development Code allows variances provided that "[t]he use proposed will be the same as permitted under this title." § 18.134.050A.3. This section effectively prohibits use variances. Granting a variance to the 20% standard would have the effect of allowing a use not permitted under that zoning district. See Hill v. Marion County Board of Commissioners, 12 Or App 242, 506 P2d 519 (1973) (granting variance to zoning district to allow use not otherwise permitted is a use variance). The applicant has two options to achieve his goal. First, he could petition the Tigard City Council to amend the Commercial - Professional District to change the 20% standard. Secondly, he could petition the City Council to amend the Comprehensive Plan and zoning ordinance designation for this parcel. If you have any questions, please do not hesitate to call me. I would be happy to discuss my conclusion with the applicant's attorney. MCR /bjd mcr \tigard \Bewersdorf. Me2 DATE: 8/17/1999 CODE SECTIONS: 18.130 L i " �. 18.530 ITOPIC :I Use Classification: Motorcycle Sales & Service in the I -P Zone INTERPRETATION: The City received your request for an interpretation of the Community Development Code to determine the Use Classification for the proposed Harley Davidson Motorcycle dealership. The following is an evaluation of the zone and the use classifications most closely related to the project you have described. BACKGROUND The purpose of the I -P zoning district is to provide 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 ensure that developments will be well- integrated, attractively landscaped, and pedestrian - friendly. The following uses are permitted without size limitations in the I -P zone and are not conditional uses: Emergency Services, Postal Service, Public Support Facilities, Commercial Lodging, Outdoor Entertainment, Indoor Entertainment, Repair- Oriented General Retail, Animal - Related, Vehicle Fuel Sales, Office, Self- Service Storage, Non - Accessory Parking, Light Industrial, Research and Development, Wholesale Sales, Agriculture /Horticulture, Wireless Communication Facilities, and Rail Lines /Utility Corridors. The Tigard Development Code does not have a specific Use Classification for Motorcycle Sales. Section 18.130.030 states that "It is not possible to contemplate all of the various uses which will be compatible within a zoning district. Therefore, unintentional omissions occur." The code therefore has a provision for determining whether certain specific uses would have been permitted in a zoning district had they been contemplated and whether such unlisted uses are compatible with the listed uses. The Director is authorized to make an interpretation based on the following approval standards: (1) The use is consistent with the intent and purpose of the applicable zoning district; (2) The use is similar to and of the same general type as the uses listed in the zoning district; (3) The use has similar intensity, density, and off -site impacts as the uses listed in the zoning district; and (4) The use has similar impacts on the community facilities as the listed uses. Community facilities include streets, schools, libraries, hospitals, parks, police and fire stations, water, and sanitary sewer and storm drainage systems. ANALYSIS — SALES COMPONENT In your request for an interpretation you have indicated that you feel the proposed use most closely fits a combination of General Retail Sales and General Retail- Repair Oriented. Motorcycle sales and service was a permitted use in the I -P zone prior to the adoption of the revised community development code in November 1998. Based on the applicant's description of motorcycle sales, typically, the majority of sales activity occurs indoors or by special order. This is confirmed by staff's general observation of other motorcycle sales establishments. Because the use is contained primarily within a building, staff concurs that it is distinctly different in nature than vehicle sales uses listed under the Motor Vehicle Sales /Rental classification which requires a large amount of outdoor display and surface parking. The Use Classification States that Sales Oriented General Retail Includes: "Establishments which consumer - oriented sales, leasing and rental of consumer, home and business goods including art; art supplies; bicycles; clothing; dry goods; electronic equipment; fabric; gifts; groceries; hardware; household products; jewelry; pets and pet products; pharmaceuticals; plant; printed materials; stationery and videos. Excludes large - scale consumer products (see 18.130.020 C.4.d.); and those sold primarily outdoors (see 18.130.020 C.4.e., Outdoor Sales)." Bulk Sales Is Defined As: "Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliances and home improvement sales." INTERPRETATION Because the use does not require "extensive interior space for display" the Director has determined that motorcycle sales has a similar intensity, density and off -site impact to that of any other Sales Oriented Retail Sales Use. ANALYSIS- REPAIR COMPONENT The other component of the proposed business is motorcycle repair. Along the same lines as the above analysis, the argument could be made that this use is similar to uses permitted in the I -P zone. Even if the Director were to take a more conservative approach to reviewing the repair use by defining it as Automotive Repair, this is still a conditional use in the I -P zone. Because even Automotive Repair is considered compatible with uses in the I -P zone, it is reasonable to make the interpretation that a less intensive use, such as motorcycle repair is compatible with the zone. INTERPRETATION Based on the analysis above, the Director has determined that the General Retail- Repair Oriented classification more closely fits the repair of motorcycles. The use classification defines this use as: "Establishments which engage in the repair of consumer and business goods including television and radios; bicycles; clocks; jewelry; guns; small appliances and office equipment; tailors and seamstresses; shoe repair; locksmith and upholsterer." Based on the facility information provided in your July 20, 1999 letter, the proposed Harley Davidson site could meet the parameters of a permitted use in the I -P zone by providing 80% General Retail- Repair Oriented use with associated office and 20% General Retail. Of course you will be required to obtain Site Development Review approval prior to beginning any construction. Please be aware that this letter is a written interpretation of the use only and may not be construed as an approval of any proposals that have been discussed with staff. You will still need to submit necessary applications in order to construct and use any new building. This interpretation does, however, conclude that Motorcycle repair most closely fits the General Retail- repair oriented use classification and that motorcycle sales most closely fits the General retail sales classification. Both of which are permitted in the I -P zone.