DIR1990-00005 DATE: 8/7/1990 (� ; ' • .)
CODE SECTIONS: 18.520
`TOPIC: Allow Re- development of an Approximately 19,000 Square Foot Warehouse Building for
an Industrial Products Distribution Business in the CBD Zone
INTERPRETATION: CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 90 -18 PC
A FINAL ORDER INCLUDING FACTS, FINDINGS, AND CONCLUSIONS WHICH
REVERSES A DIRECTOR "S INTERPRETATION AND CONSIDERS A PROPOSED
BUSINESS (HIGH -TEMP N.W.) IN THE CBD (CENTRAL BUSINESS DISTRICT) ZONE
AS A WHOLESALE„ STORAGE, AND DISTRIBUTION USE.
WHEREAS, High -Temp NW, Inc. requested to locate a business that involves a
combination of "wholesale, storage, and distribution" and "manufacturing of finished
products" as defined in the Community Development Code in the CBD (Central Business
District) zone; and
WHEREAS, the Planning Director issued an interpretation of the Community Development
Code stating that the business was not permissible because the product fabrication
component is an industrial use which is not allowed in the CBD zone; and
WHEREAS, High -Temp NW, Inc. appealed the Director's Interpretation to be reviewed by
the Planning Commission; and
WHEREAS, the Planning Commission reviewed this appeal at a public hearing on July 24,
1990.
THEREFORE, the Planning Commission orders that the Director's Interpretation be
reversed and that High -Temp NW, Inc. be considered as a "wholesale, storage, and
distribution" use as defined in the Community Development Code based upon the following
findings:
Section 1. Although the precise percentage may vary, the predominant business activity
will be "wholesale, storage, and distribution" and "professional and administrative service"
as defined in the Community Development Code. "Manufacturing of finished products" will
occupy between 10 and 20 percent of the total building floor area and will clearly be a
secondary component of the total business operation.
Section 2. The Commission's interpretation is consistent with a previous Community
Development Code interpretation relating to Magno - Hunphries where the City Council
approved a business in the CBD zone with a minor amount of product manufacture.
It is further ordered that the applicant be notified of the entry of this order
PASSED: This 27th day of July, 1990, by the Planning Commission of the City of Tigard.
By: Milton F. Fyre, Vice President, Tigard Planning Commission
Additional Information related to this case: CUP90 -0004, 8900 SW Commercial Street,
2S102AA, Tax Lot 4700
MEMORANDUM -
TO: Planning Commission / AGENDA ITEM 5.2
FROM: Keith Liden, Senior Planner
RE: Appeal of Director's Interpretation
High Temp NW, Inc.
DATE July 18,1990
On June 14, 1990, a Director's Interpretation was issued regarding a property
located at 8900 S.W. Commercial Street and the possibility of establishing a
business which has a certain amount of activity devoted to product fabrication.
The interpretation concluded that the proposed business, High Temp NW, Inc.,
was not allowed in the CBD (Central Business District) zone because the
fabrication component of the business is classified as an industrial use.
•
This interpretation was appealed for review by the Commission. Attached is a
copy of the original letter from Marvin Bowen, dated May 16, 1990, requesting
an interpretation; the Director's Interpretation; a second letter dated June
20,1990, elaborating upon the nature of the business; and the appeal dated June
26, 1990.
The Commission should review the information and the testimony received and
make a determination whether to uphold, modify, or reverse the Director's
Interpretation.
HIGHTEMP.DI /kl
•
�.4 r )_t. ^s, t .
June 14, 1990
IOL
Marvin D. Bowen cm/ OF WARD
Greenberg Plaza
11825 S.W. Greenburg Road OREGON
Tigard, OR 97223
RE: Director's Interpretation
High -Temp N.W., Inc.
Dear Mr. Bowen:
I have reviewed your letter of May 16, 1990 regarding a property located at
8900 S.W. Commercial Street with Ed Murphy. You indicate that the property
owner has experienced difficulty in selling or leasing the land and existing
building due to the regulations of the CBD (Central Business District) zone.
High -Temp N.W., Inc., presently located at 9438 S.W. Tigard Street, is
interested in purchasing the property. Our response to your inquiry includes a
determination as to whether High -Temp N.W., Inc. may be a permitted or
conditional use in the CBD zone followed by a brief summary of the recent
zoning history of the property.
Code Interpretation
As described in your letter, the High -Temp N.W., Inc. business would have
approximately 2/3 of the floor area devoted to office /warehouse purposes and
the remaining 1/3 would be used for product fabrication. The CBD zone allows
"wholesale, storage, distribution" as a conditional use (Section 18.66.040,
Community Development Code). Therefore, the office /warehouse component of the
business could be permitted through the conditional use review process. The
fabrication portion of the business is defined in the Code as "manufacturing of
finished products" and /or "packaging and processing" which are only allowed in
the City's industrial zones (I -P, I -L, and I -H). I have attached these Code
. definitions and the list of permitted and conditional uses allowed in the CBD
zone.....
Since fabrication constitutes a significant portion of the business operation,
High -Temp N.W., Inc. may not be allowed as a permitted or conditional use in
_the ..CBD zone.
History of the CBD Designation
The origin of the CBD zone and designation of allowed. uses occurred in
conjunction with the TURA (Tigard Urban Renewal Agency) program and the
Comprehensive Plan revision of 1982 and 1983. The City Council determined that
the prohibition of any new industrial uses was appropriate and that new
development should be of a commercial and high density residential nature.
The TURA program was repealed in 1983, but the Comprehensive Plan revisions
were adopted in November, 1983.
Since that time, the Council has been asked to consider, on occasion, changing
the zoning to either 1) allow new industrial uses and the expansion of existing
13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171
J
ones or 2) designate the area adjacent to the railroad tracks as an industrial
zone. The Council rejected these proposals with the finding that insufficient
time had passed to reverse the zoning. The Council wanted to give the area
time to revitalize as a commercial center.
The issue of land use designations for the downtown area was revisited in 1988-
1989 during the development of the Tigard City Center. Development Plan. This
process, which included much public involvement, resulted in the retention of
the existing CBD land use designation. As a result, the City policy as
reflected in the Comprehensive Plan and Community Development Code, remains
unchanged from its original intent in 1983.
Appeal Procedure
This interpretation' :may be appealed, with a fee of $50:00 to the Planning
Commission for review in accordance with Section 18.12.010 A. of the'Community
Development Code. . An appeal must be filed with the City Recorder, on forms
provided by the City, by 3_:00 PM on June 26, 1990. Please contact me if you
need any further information... :
•
Sincerely, Appr.ved b
26///i// I ,
if
Keith S. Liden Ed urphy Di ector
Senior Planner Communit Development Dept.
BOWEN.DI /kl
•
MARVIN D. BOWEN
ATTORNEY AND COUNSELOR AT LAW
GREENBURO PLAZA
11823 S. W. GREENBURO ROAD
TIGARD. OREGON 97223 (503) 620 -6565
May 16, 1990
RECEIVED
ATTN: Mr. Ed Murphy , i1 Y 1 7 1990
Planning & Development Director Jam/
City of Tigard COMMUNITY DEVELOPMENT
P. O. Box 23397
Tigard, OR 97223
Re: 8900 S.W. Commercial, Tigard, Oregon
Dear Mr. Murphy:
Please be advised that I represent the owner of the property at
8900 S.W. Commercial, Tigard, Oregon. The property has been for sale or
rent for approximately three years. This is a 2 story warehouse style
building with office space in the upper level. Each time a prospective
purchaser or tenant (at least 7) has looked at the property, they have
been told to contact the City for permitted use, because of the present
Central Business District designation. Each prospective purchaser or
tenant has been told by the City that the prospective user's use of the
property would not be allowed as not within the permitted uses as allowed
for the designation of the Central Business District designation. On a
couple of occasions, the owners have secured earnest money agreements
from prospective buyers. The prospective buyers, or their agents, have
then contacted the City and have been told that the proposed use would
not comply with the CBD designation.
In all of the above instances, all the proposed uses would have
been an allowed use of the property if not for the CBD designation.
The owners have again secured a signed earnest money agreement,
a contingency of the agreement is that the purchaser be able to use the
building.
Some data and information on the proposed use are as follows.
The buyer is High -Temp N.W. Inc., which is currently doing business at
9438 S.W. Tigard Avenue, Tigard, Oregon. They have been at that location
for approximately 6 years. The type of business they plan to conduct at
the 8900 S.W. Commercial location is the same type of business that is
being conducted at S.W. Tigard Avenue. (This is only about 2 blocks from
the area designated as CBD.)
A brief description of the business is as follows. High -Temp is
a distributor of refractory materials used for industrial and
construction uses and consists primarily of 50 pound bags of cement,
ceramic fiber insulation, and fire brick.
(continued)
MARVIN D. BOWEN
ATTORNEY AND COUNSELOR AT LAW City of Tigard
May 16, 1990
Page Two
They employ approximately 13 people. The building would be used
approximately 2/3 for office /warehouse purposes, and approximately 1/3
for fabrication. The fabrication that takes place in their operation
consists of taking cement mix and casting it into molds which are
pre- shaped. There is a very small gas -fired drying oven approximately 8'
square, that is used in the fabrication process.
Other fabrication includes cutting gaskets for wood stoves,
which are sold to Earth Stoves in Tualatin, Oregon. They also, by manual
labor, put insulation in some metal parts, also sold to Earth Stoves.
The fabrication operations include materials and manual labor and no
noisy cutting equipment, pounding, etc. There is some welding on the
molds, which averages approximately 2 hours per day, however the welding
does not emit any noise and is done behind the closed warehouse doors, so
it is not visible from outside.
There would not be storage of any materials outside of the
building, nor would there be overnight storage of any vehicles outside
the building. All trucks used in the business are driven by employees
and taken home at night.
In addition, High -Temp would be unloading 1 -2 semi trucks per
week which takes a nominal time. There are daily deliveries and pickups
by UPS. In addition, there are outgoing shipments on a flatbed truck, to
local purchasers of their products.
Any and all activity of the company, except for loading and
unloading of vehicles would be totally enclosed within the building, and
the doors would remain closed for security reasons.
Because of the numerous times prospective purchasers have been
informally turned down for their proposed use of this property, my client
believes very strongly that the City has basically condemned their
property without paying any just compensation. The building was
designed, approved, and built for use as office /warehouse space, and no
proposed purchaser is going to make other use of the property without
incurring costs probably close to the cost of a new building being
constructed on the property.
The property taxes on this property are approximately $7,000 a
year, plus insurance premiums. By the actions of the City, on several
occasions, turning down proposed uses, my client has not had any income
from the property for approximately 3 years and has been required to
incur out of pocket costs for the annual property taxes, insurance
premium costs, and deductible insurance amounts for the vandalism which
has occurred to the empty building.
(continued)
MARVIN D. BOWEN
ATTORNEY AND COUNSELOR AT LAW
City of Tigard
May 16, 1990
Page Three
The City has not been successful in getting voter approval for
the Urban Renewal Agency to implement the CBD and the property, and
others, is again in "limbo ". My client has waited 3 years for the City
to make something happen in a new direction, or allow this property to be
used as originally intended.
Apparently, the City of Tigard is not taking a position to
change or delete the Central Business District designation on S.W.
Commercial, or is it? My client remains with an empty building, with no
funds promised or anticipated by the City of Tigard to implement its
Central Business District plan, at any forseeable time in the future.
I would appreciate receiving a permit allowing High -Temp N.W.,
Inc. to be permitted to use the property as set forth in this letter.
Permission to use the property, as outlined in this letter, will
allow the real estate to again be productive. It also will stop the
out -of- pocket costs which have resulted to my client. The City imposed
designation of the CBD and the failure of voter approval to implement the
area as urban renewal, has cost my client several thousands of dollars
per year and, in addition, has been a taking of the property by the City
without due process of law and payment of just compensation.
My client believes that the continued Central Business District
designation, without any means of implementing the designation, should
terminate, at least to the extent of granting this request.
We are scheduled to close the sale of the property by June 1,
1990.
Very truly yours,
/'
/ MARVIN D. BOWEN
MDB /cb
MARVIN D. BOWEN
ATTORNEY AND COUNSELOR AT LAW
GREENBURO PLAZA
11825 S. W. GREENBURG ROAD
TIGARD. OREGON 97223 (503) 620 -6565
June 20, 1990
CELEEJED FUMING
, LJ (
-Mr. Ke ith S. Liden 21 1990
Senior Planner
City of Tigard
P. 0. Box 23397
Tigard, OR 97223
AND
Mr. Ed Murphy, Director
Community Development Department
City of Tigard
P. 0. Box 23397
Tigard, OR 97223
Re: High -Temp N.W. Inc. /8900 S.W. Commercial, Tigard, Oregon
Dear Mr. Liden and Mr. Murphy:
I received your letter of June 14, 1990 regarding the
above - referenced.
As I discussed with Keith over the counter a week or so ago,
the 1/3 representation of my letter of May 16, 1990 for fabrication
purposes, I believed was a high estimate by the purchaser's intended use
of the building. I have attached to this letter, 2 pages consisting of
the floor plans of the warehouse building at 8900 S.W. Commercial. On
the first page, the shaded areas shows the area which would be dedicated
to fabrication and is the only area which will be used for fabrication.
The top floor of the building would not be used in any manner except as
office space.
On the enclosed, the first page shows there would be
approximately a little over 10% of the total square footage of the
building used for fabrication. In this fabrication process, there is no
use of water or processed water, oil, grease, gas, diesel, chemicals, any
contaminants, pesticides, etc.
The oven used as part of the fabrication process generates no
more heat than what would be given off by a heater used for heating a
room to a mean, comfortable temperature.
There will be no noise emitted from the building in the
fabrication process, there is no heavy pounding, etc. There is some
welding in the building at 2 stations as shown on the plan, however,
doors will be closed at all times and any light emissions from the
welding will not be visible from the exterior of the building.
(continued)
MARVIN D. BOWEN
ATTORNEY AND COUNSELOR AT LAW Messrs. Liden and Murphy
June 20, 1990
Page Two
Also, there will never be any vehicles parked overnight, i.e.
trucks, pickups, etc. The pickup or deliveries to the location will be 1
or 2 semi trucks per week, which take a nominal time to load or unload
and otherwise will be no more than single axle vehicles.
Given some of the uses of various buildings in the CBD, I do not
believe that the fabrication by High -Temp N.W. within the building would
be significant in terms of:
1. Square footage utilized.
2. Activity which would be a land -use change of the property.
3. Be considered industrial use in the overall sense of the
building given the activity and square footage used.
4. Would not be detrimental to the CBD as it now exists or even
contemplated to exist in the near future.
We had a pre - application hearing with Jerry Offer yesterday, and
intend to submit a conditional use application if your code
interpretation letter of June 14, 1990 could be changed, given the
information in this letter, so that fabrication by High -Temp N.W. Inc.,
as stated in this letter, does not, or would not constitute a significant
portion of the business operation, and their operations would be allowed
as a permitted conditional use in the CBD zone.
I appreciate reconsideration of your letter, and would be very
happy for a favorable interpretation.
Very truly yours,'
MARVIN D. BOWEN
Attorney for Owners
MDB /cb
Enclosures
cc: Eagleson Heritage
High -Temp N.W., Inc.
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MEMORANDUM
CITY OF TIGARD, OREGON
TO: Keith Liden, Se r P er June 26, 1990
FROM: Cathy Wheatley ity Re rder
SUBJECT: Appeal of Director's Interpretation
Received from Roger A. Smith, High -Temp, N.W.
(Director's Interpretation Letter dated June 14, 1990
Keith, attached is an appeal of a director's interpretation as noted above.
Please advise Mr. Smith of the date and time this will be heard before the
Planning Commission.
As you and I discussed, Mr. Smith will be applying for a Conditional Use
before the outcome of his appeal is known in the hopes that he can save some
process time. He understands that he is taking a risk in that he must
pay for the Conditional Use process and then not be able to proceed because
his appeal is denied. )rn
Thanks.
Attachment
•
, . i
. i `
LAND USE DECISION APPEAL FILING FORM 11--
City of Tigard supports the citizen's right to
participate in local government. Tigard's Land Use (---"----,,,,4,0„."*.
Code therefore sets out specific requirements for .,,"• t
filing appeals on certain land use decisions. CIETll .;; 1,4
�.
The following form has been developed to assist you in ®�E� ®�
filing an appeal of a land use decision in proper
form. To determine what filing fees will be required
or to answer any questions you have regarding the
appeal process, please contact the Planning Division
or the City Recorder at 639 -4171.
1. APPLICATION BEING APPEALED: Director's interpretation letter
dated June 14th, 1990.
2. HOW DO YOU QUALIFY AS A PARTY: Potential building and land
purchaser.
3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW: This proposal qualifies for
conditional use.
Magno- Humphries Inc. and Kaufman's Streamborn Fly Shop have
previously been granted conditional use for manufacturing and
fabrication in the central business district.
We believe that our application meets this previously
approved conditional use for the small amount of manufact-
uring performed by High -Temp N.W. Inc. (Please see attached
letter for additional points of evidence.)
4. SCHEDULED DATE DECISION IS TO BE FINAL:
5. DATE NOTICE OF FINAL DECISIO AS_ /'� ►: June 14th, 1990
6. SIGNATURE(S): ‘4/15,7
XXXXXXXXX)()( X XXXX XXXX X XXXXXXXX)()()()()( XXX )(XXXXXXX*XXXXX)()(XXX)(XX-X -X *X- - )EXXXXXXX)4-XX•
FOR OFFICE USE ONLY: Received By : £ aDh.ers +1 Date: (d.W/ v Time: Q :30e.M
Approved As To Form By: 6 );ma)-1e. Date:( /x6/40 Time:
Denied As To Form By: Date: Time:
Receipt No. Amount:
x-x x #Xx -XXxa x-x-x -x x x x x- x-x- X- X)(-)X- X-x- x-x-X-x-x - x- x- x- x- Xx*K -X x -x-x-X x x x x x x x x X- x-x- x- X- X- X-x- x-EX-X x x x X x- )t -)FX•X X-X*x X*
RCQiv“d 1 U etk ,in &e 6 (0(4/0
C u011
13125 SW Nall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503'1639-4171
HIGH TEMP N.W
9438 S.W. TIGARD ST • TIGARD, OREGON 97223 • (503) 684 -3920
2839 NANSEN DR. SUITE A -2 • MEDFORD, OREGON 97504 • (503) 772 -9555
June 26, 1990
Planning Commission
City of Tigard
P.O. Box 23397
Tigard, OR 97223
RE: Appeal of Directors Interpretation
The following points are submitted as additional support
to the appeal for conditional use:
1) Immediate area is primarily industrial; (ie; Magno-
Humphries Inc. East, Railroad tracks South, Tri -Met
Transit Center West, Fire Station and Kaufman's
Streamborn Fly Shop, in_addition to various businesses
North.)
2) High -Temp N.W. is primarily warehouse distributor
with small amount of light fabrication.
3) High -Temp N.W. has been in Tigard six years, employing
10 -20 persons at current location, three blocks from
proposed new site.
4) Site location has been vacant 11/2 years. High -Temp N.W.
will remodel interior and exterior of building as well
as required public use areas, adding considerably to
the beauty of the area, which is currently an eye sore
to the CBD, and a continual vagrant haven.
Sincerely,
HIGH -TEMP NW INC/
A ,/
d" W j � Fri
R er A. Smith
RS:aa
NOTE TO THE FILE
FROM: /VC IT a
RE : R.CC 02:s ( oTG2.9 AZ ► 01J
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DATE: (0 46 /40
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MARVIN D. BOWEN
ATTORNEY AND COUNSELOR AT LAW
GREENBURG PLAZA
11825 S. W. GREENBURG ROAD
TIGARD, OREGON 97223 (503) 620 -6565
June 20, 1990
JU N 2_
I yJ�
Mr. Keith S. Liden n�--
Senior Planner
City of Tigard
P. O. Box 23397
Tigard, OR 97223
AND
i-Mr. Ed Murphy, Director
Community Development Department
City of Tigard
P. O. Box 23397
Tigard, OR 97223
Re: High -Temp N.W. Inc. /8900 S.W. . Commercial, Tigard, Oregon
Dear Mr. Liden and Mr. Murphy:
I received your letter of June 14, 1990 regarding the
above - referenced.
As I discussed with Keith over the counter a week or so ago,
the 1/3 representation of my letter of May 16, 1990 for fabrication
purposes, I believed was a high estimate by the purchaser's intended use
of the building. I have attached to this letter, 2 pages consisting of
the floor plans of the warehouse building at 8900 S.W. Commercial. On
the first page, the shaded areas shows the area which would be dedicated
to fabrication and is the only area which will be used for fabrication.
The top floor of the building would not be used in any manner except as
office space.
On the enclosed, the first page shows there would be
approximately a little over 10% of the total square footage of the
building used for fabrication. In this fabrication process, there is no
use of water or processed water, oil, grease, gas, diesel, chemicals, any
contaminants, pesticides, etc.
The oven used as part of the fabrication process generates no
more heat than what would be given off by a heater used for heating a
room to a mean, comfortable temperature.
There will be no noise emitted from the building in the
fabrication process, there is no heavy pounding, etc. There is some
welding in the building at 2 stations as shown on the plan, however,
doors will be closed at all times and any light emissions from the
welding will not be visible from the exterior of the building.
(continued)
MARVIN D. BOWEN
ATTORNEY AND COUNSELOR AT LAW Messrs. Liden and Murphy
June 20, 1990
Page Two
Also, there will never be any vehicles parked overnight, i.e.
trucks, pickups, etc. The pickup or deliveries to the location will be 1
or 2 semi trucks per week, which take a nominal time to load or unload
and otherwise will be no more than single axle vehicles.
Given some of the uses of various buildings in the CBD, I do not
believe that the fabrication by High -Temp N.W. within the building would
be significant in terms of:
1. Square footage utilized.
2. Activity which would be a land -use change of the property.
3. Be considered industrial use in the overall sense of the
building given the activity and square footage used.
4. Would not be detrimental to the CBD as it now exists or even
contemplated to exist in the near future.
We had a pre - application hearing with Jerry Offer yesterday, and
intend to submit a conditional use application if your code
interpretation letter of June 14, 1990 could be changed, given the
information in this letter, so that fabrication by High -Temp N.W. Inc.,
as stated in this letter, does not, or would not constitute a significant
portion of the business operation, and their operations would be allowed
as a permitted conditional use in the CBD zone.
I appreciate reconsideration of your letter, and would be very
happy for a favorable interpretation.
Very truly yours,
!
MARVIN D. BOWEN
Attorney for Owners
MDB /cb
Enclosures
cc: Eagleson Heritage
High -Temp N.W., Inc.
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Washington ) ss. _
City of :Tigard )
•
I, 6e 11 11s(1 V \ , being first duly sworn /affirm, on oath
depose and say: (Please print)
That I am a J/l ,1C Q r ( " 1 a,( for
The City of Tigard, Oregon.
That I served NOTICE OF PUBLIC HEARING FOR:
That I served NOTICE OF DECISION FOR:
City of Tigard Planning Director
L-Tigard Planning Commission
Tigard Hearings Officer
Tigard City Council
A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked
Exhibit "A ") was mailed to each named persps at the address shown on the
attached list marked exhibit "B" on the ;1 of \J.( Ot 19 ° Jb ,
said notice NOTICE OF DECISION as hereto attached, was posted - n an appropriate
bulletin board on the •31 - day of );lQ , 19 '10 ; and deposited
in the United States Mail on the 5%5:: dair of tJ,& tL , 19 90 ,
postage prepaid.
Prepared Notice /Posted (For Decision Only)
Subacribed and sworn/affirm to me on the -
day
19 c if" _
NOTARY PUBLIC OF OREGON
- Hy;.G�ommission Expires: - 5 _
fs, •
Person who delivered to POST OFFICE I
/ /
Subscribed and sworn/affirm to me on the )l day of
19 /Jr, j ) (
.
/c.
• NOTARY PUBLIC OF OREGON ; /-
My Commission Expires: �. "/
bkm /AL'rTnAV. BEM •
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER - BY PLANNING COMMISSION
1. Concerning Case N»mher(s): Director's Interpretation - High -Temp NW, Inc.
2. Name of Owner: N/A
Name of Applicant: High -Temp N.W., Inc.
3. Address PO Box 23936 City Tigard State OR Zip 97223
4. Address of Property: N/A
Tax Map and Lot No(s).:
5. Request: Appeal of Director's Interpretation
6. Action: _ X Approval as requested
Approval with conditions
Denial
7. Notice: Notice was published in the newspaper, posted at City Hall, and
mailed to:
X The applicant and owner(s)
X Owners of record within the required distance
X The affected Neighborhood Planning Organization
X Affected governmental agencies
8. Final Decision: TEE DECISION SHALL BE FINAL ON August 7, 1990 UNLESS
AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of conditions can be
obtained from the Planning Department, Tigard City Hall, 13125 SW Hall,
P.O. Box 23397, Tigard, Oregon 97223.
9. Appeal: Any party to the decision may appeal this decision in accordance
with 18.32.290(B) and Section 18.32.370 which provides that a written
appeal may be filed within 10 days after notice is given and sent. The
appeal may be submitted on City forms and must be accompanied by the
appeal fee ($315.00) and transcript costs, (varies up to a maximum of
$500.00).
The deadline for filing of an appeal is 3:30 p.m. August 7, 1990
10. Questions: If you have any questions, please call the City of Tigard
Planning Department, 639 -4171.
CITY OF TIGARD PLANNING COMMISSION
FINAL ORDER NO. 90- 18 PC
A FINAL ORDER INCLUDING FACTS, FINDINGS, AND CONCLUSIONS WHICH REVERSES A
DIRECTOR'S INTERPRETATION AND CONSIDERS A PROPOSED BUSINESS (HIGH -TEMP N.W.) IN
THE CBD (CENTRAL BUSINESS DISTRICT) ZONE AS A WHOLESALE, STORAGE, AND
DISTRIBUTION USE.
WHEREAS, High -Temp NW, Inc. requested to locate a business that involves a
combination of "wholesale, storage, and distribution" and "manufacturing of
finished products" as defined in the Community Development Code in the CBD
(Central Business District) zone; and
WHEREAS, the Planning Director issued an interpretation of the Community
Development Code stating that the business was not permissible because the
product fabrication component is an industrial use which is not allowed in the
CBD zone; and
WHEREAS, High -Temp NW, Inc. appealed the Director's Interpretation to be
reviewed by the Planning Commission; and
WHEREAS, the Planning Commission reviewed this appeal at a public hearing on
July 24, 1990.
THEREFORE, the Planning Commission orders that the Director's Interpretation be
reversed and that High -Temp NW, Inc. be considered as a "wholesale, storage,
and distribution" use as defined in the Community Development Code based upon
the following findings:
Section 1. Although the precise percentage may vary, the predominant
business activity will be "wholesale, storage, and distribution"
and "professional and administrative service" as defined in the
Community Development Code. "Manufacturing of finished products"
will occupy between 10 and 20 percent of the total building floor
area and will clearly be a secondary component of the total
business operation.
Section 2. The Commission's interpretation is consistent with a previous
Community Development Code interpretation relating to Magno-
Humphries where the City Council approved a business in the CBD
zone with a minor amount of product manufacture.
It is further ordered that the applicant be notified of the entry of this
order.
PASSED: This ,'�� day of July, 1990, by the Planning o of the City of
Tigard.
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• i •n n r- • e ?dent
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T g.rd Plann ission
HIGH- TEM.PFO /kl
FINAL ORDER 90 -18 PC - HIGH -TEMP N.W., INC. PAGE 1
ROGER SMITH
3404 SW CARAWAY CT
PORTLAND, OR 97219
SAM YOCKEY
9130 SW TRAIL CT
PORTLAND, OR 97219
LAWRENCE VIEHL
2424 SW SHERWOOD
PORTLAND, OR 97201
JOHN SCERTAS
17010 SW WEIR RD
TIGARD, OR 97223
WILLIAM IVY
14825 SW 106TH
TIGARD, OR 97223
MARVIN D. BOWEN
11825 SW GREENBURG RD
TIGARD, OR 97223