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DIR1989-00001 possible. He advised Trammel-Crow wo d be conducting an individual -to- individual survey to give people an opportunity to personally discuss the issue. (Council meeting recessed at 7:10 p.m.; Council meeting reconvened at 7:30 p.m.) 3. VISITORS' AGENDA: a. Mr. David Blake, 10260 SW Greenburg Road, Tigard, Oregon, was present on behalf of Trammel-Crow to ask Council initiate vacation proceedings for a portion of SW 93rd Avenue and SW l \ Mapleleaf Street. It was noted that Council approved a � Comprehensive Plan Amendment request filed by the Trammel -Crow Corporation on May 15, 1989. A petition for the vacation of the public rights -of -way was received and filed with the City on May 18, 1989, by the Trammel -Crow Corporation and contained the signatures of all abutting property owners and at least 67 percent of all owners in the affected area as defined by the Tigard Municipal Code (TMC). The petition has been reviewed and meets all requirements defined by TMC 15.08.080. Council must now consider whether to accept the petition and initiate vacation proceedings or reject the petition. Trammel-Crow's Lincoln Five /Parking Structure project will require a number of approvals including the vacation of the subject rights -of -way. Their desired timeframe calls for construction this summer. Council's recent decision to approve their zone change request has now started the process for subsequent approvals. Of these, the vacation was probably the longest due to state law requirements. Realizing this, Trammel -Crow has moved very quickly to complete the petition documents and was now requesting Council to initiate the process and not wait until a later meeting. b. RESOLUTION NUMBER 89 -40 A RESOLUTION CONCERNING THE VACATION OF A PORTION OF SW 93RD AVENUE, AND A PORTION OF SW MAPLELEAV STREET, BOTH LOCATED IN A RECORDED SUBDIVISION PLAT CALLED "TOWN OF METZGER," IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. c. Motion by Councilor Schwartz, seconded by Councilor Eadon, to approved Resolution No. 89 -40. The motion was approved by a unanimous vote of Council present. d. It was noted Resolution No. 89 -40 sets the date for a public hearing on the vacation of the rights -of -way. Page 3 - COUNCIL MINUTES - MAY 22, 1989 • 4. CONSENT AGENDA: 3.1 Approve Council Minutes: April 10 and 17, 1989 3.2 Select Main Street Bridge Replacement for Street Bond Funding 3.3 Recess Council Meeting; Convene Local Contract Review Board (LCRB) Meeting: Approve Amendment to GSA Contract; Adjourn LCRB; Reconvene Council Meeting; Approve Resolution No. 89 -41 3.4 Approve Final Order - Comprehensive Plan Amendment CPA 89 -02, Zone Change ZC 89 -02; Sanders - Resolution No. 89 -42 Motion by Councilor Eadon, seconded by Councilor Schwartz, to approve the consent agenda. The motion was approved by a unanimous vote of Council present. 5. APPEAL PUBLIC HEARING - COMMUNITY DEVELOPMENT DIRECTOR'S INTERPRETATION - S & L LANDSCAPING, INC.: An appeal of a Community Development Director's Interpretation that the operations of S & L Landscaping, Inc., at 14380 S.W. 97th Avenue constitutes a storage operation which is not a permitted use in the R -4.25 (Residential, 4.5 units /acre) zone applied to the property. The appellants assert that the operations of the business constitute a nursery. Nurseries fall within the "farming" use classification of the Community Development Code. Farming is a permitted use in the R -4.5 zone. A public hearing was open. a. Public Hearing was opened. b. Councilor Schwartz noted he had had discussions with the applicant; he would not participate in the public hearing nor would he vote on this issue. Mayor Edwards, Councilor Eadon, and Councilor Johnson also advised they knew the applicants but had not discussed this issue prior to this meeting. They all noted they believed they could make an impartial decision and would participate in the public hearing and be voting on the issue. c. Senior Planner, Liden summarized this agenda item. On April 6, 1989, the Planning Director issued an interpretation stating that the business activity established at 14380 SW 97th Avenue was not permissible as a "farming" activity. An appeal of this interpretation has been submitted by John Schwab on behalf of S & L Landscaping. Senior Planner Liden reviewed some of the issues that were contained in his letter dated April 6, 1989, to Mr. Castile. d. Public Testimony Proponents o Jack Schwab, Attorney, 9250 SW Tigard Avenue, Tigard, OR 97223, advised he was representing S & L Landscaping. Mr. Schwab said farming was among the outrightly permitted uses in the R -4.5 zones. He advised the Code contains no definition of "nurseries," but advised that the appellants use Page 4 - COUNCIL MINUTES - MAY 22, 1989 I aw of the property was well within the accepted scope of nursery activities which was named as a permitted use under Tigard Municipal Code 18.50.030(4). He advised he believed the applicants use of the property should be defined as a nursery because: - Nurseries, by their nature, represent temporary storage on property. - Nursery uses such as the Monrovia Nursery in Dayton, Oregon, keeps their stock in containers as does S & L Landscaping. Further, S & L Landscaping has the same state license as does Monrovia. - A nursery's function was to serve as a staging area to transfer wholesale stock to retail outlets. - Since Tigard's Code does not have a concise definition of a nursery, the applicants use should be considered within the agricultural permitted use language. Opponents: o Steve Knebel, 14535 SW 97th, Tigard, OR 97224 read his May 22, 1989 letter which had been submitted to the City Council. The following points were made: - He advised that the Castiles were operating a landscaping business with employees. - The Castiles do not raise any type of nursery stock, rather he uses the property for a staging area for his landscape business. - The property is used for storage of soil, rock, irrigation pipe, equipment, trucks, etc. - The garage of the existing house has been converted to an equipment repair facility. A portable outhouse had been brought in for the employees. - Storage sheds have been erected on the property. - Mr. Knebel advised that a nursery was defined as a piece of ground or place where young plants are raised for transplanting or sale. He advised that this does not apply to the activities being conducted on this property. - City Development Code in relationship to "farm use" were developed to allow for compatible growth of the city in the already existing farming community of Tigard. He advised the area was becoming increasingly larger residential area. Page 5 - COUNCIL MINUTES - MAY 22, 1989 Mr. Knebel advised that in his opinion, a farm /nursery paints a mental picture of a pastoral scene with young crops being raised for sale -- not mature plants being loaded and unloaded by equipment on a daily basis. He advised that it concerned him that Mr. Castile sat on the Planning Commission and had a say as to future uses of lands in the city. In response to a question by Councilor Johnson, Mr. Knebel responded that he does not think this business represents a nursery type use. He further advised that storage and employees should not be allowed in a residential area. Rebuttal: o Mr. Schwab advised irrigation pipes had been removed from the property except for those pipes necessary to water the plants. He reported the applicant had leased property outside of the area for storage purposes and for equipment repair. He further advised that because the Code allows for farming use in the area, very often employees would be expected to be allowed to work at this type of use. He advised there was limited activity by the employees. He noted that the portable outhouse had been removed from the property. In response to a question by Councilor Johnson, Senior Planner Liden advised that the home occupations section of the Code was not concise with regard to farming use. He said that farming would conceivably quite _require outside employees. The applicant had been using this property for their business since October 1988. Mr. Schwab reminded Council that the S & L Landscaping business was not owned and operated by Mr. Castile, but rather, this was a business operated by Mrs. Castile. f. Recommendation by Community Development Staff: Community Development Director advised that the code was not clear, however, he believed it was the original intent of the zone to protect farm uses as residential areas grew to the farming community. He noted the activity on the land was not compatible with an R -4.V residential area. He recommended City Council uphold the Director's Decision. g. Council Comments: Councilor Eadon agreed that when the Development Code was written, provisions were made to protect farm land as residential areas expanded. She also advised the Code does not allow the following in residential areas: employees, extra storage, and Page 6 - COUNCIL MINUTES - MAY 22, 1989 out - buildings. She said she would support the Director's Decision. She further advised she was willing for the City Attorney to revisit the Code to clarify the outright permitted uses in the applicable section. Should the majority of Council decide to allow this use, she requested a Site Development Review be required. Councilor Johnson advised she believed there were two obligations on the part of the City: 1) The protection of the integrity of the residential area, and also 2) Clarification of ambiguous language for the property owner who purchased property believing the nursery was a permitted use. She said she would favor a Site Development Review to place a restriction on the activities occurring on the property which were not consistent with a residential area. Mayor Edwards advised he agreed the Code was not clear on this issue, but he felt this use was not compatible with a residential area. He advised he would support upholding the Director's decision. He also requested the City Attorney review the Code with regard to the language clarification issue. h. Public hearing was closed: i. Motion by Councilor Eadon, seconded by Mayor Edwards, to uphold the Director's Decision: The motion passed by a majority vote; Mayor Edwards and Councilor Eadon voted "Aye," Councilor Johnson voted "No, "; Councilor Schwartz abstained. 6. PUBLIC HEARING - COMPREHENSIVE PLAN AMENDMENT CPA 89 -04 HUGHES /POSCO LANDS NPO #2: A request for a Comprehensive Plan map amendment from Professional Commercial to Medium High Density and a zone change from C -P (Professional Commercial) to R -25 (Residential, 25 units /acre) for 1.75 acres. Also, a Comprehensive Plan map amendment from Medium - Density Residential to Medium -High Density Residential and a zone change from R -12 (Residential, 12 units /acre) to R -25 for 3.02 acres. The subject parcels abut. LOCATION: 11505 -11515 SW Hall Blvd. (WCTM 1S1, 35DA, Tax Lot 1400) and 11555 SW 88th Avenue (WCTM 1S1, 35DD, Tax Lot 3300). a. Public hearing was opened. b. There were no declarations or challenges. c. Summation by Senior Planner Liden. On May 2, 1989, the Planning Commission reviewed the proposal to amend the Comprehensive Plan map from Professional Commercial to Medium -High Density residential and to amend the zoning from C -P (Professional Commercial) to R -25 (Residential, 25 units /acre) for 1.75 acres located at 11505 -11515 SW Hall Blvd. The property was currently Page 7 - COUNCIL MINUTES - MAY 22, 1989 co. 7-7 a 1 daendc 5 /aa /E-q May 22, 1989 _ i'l E '89 0 22 A 10 l8 4.'t i � City Council CU-' , City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 T'E: Mr. Castile dba S &L Landscaping. Subject: Appeal L \L. Dear Council Members: In a letter dated 6 April, 1989, from senior planner Keith Liden of the city of Tigard to Mr. Jim Castile I quote. " The primary purpose of the residential zones is not to accommodate commercial/ industrial activity or businesses with employees." Mr. Castile is operating a landscaping business out of this property with employees. I believe the important point for the City Council to consider is that Mr. Castile does not raise any type of crop or nursery tock, rather he uses the property for a staging area for his Landscape business. In addition the property is used for the storage of soil, rock, irrigation pipe, equipment, trucks, etc.. The garage of the existi9e house has been converted to an equipment repair facility. A portable outhouse has brought in for the employees. Storage sheds have been erected on the property. / If i 1 ' , "Nursery" is defined as "a piece of ground or place where YOUNG PLANTS are raised for transplanting or sale." This does not apply to the activities being conducted by Mr. Castile. The plants that are currently on the property were in all probability purchased from a nursery by S &L Landscape company and stored for use at other locations. In addition ,the removal of all but the plant materials will still not constitute a nursery and hope that the Council will keep this in mind during Mr. Castiles' Appeal. The City Development Codes in relationship to "farm use" were developed to allow for compatible growth of the city in the already existing farming community of Tigard. This, although not so stated in black and white, has always been the direction the City of Tigard has taken. Mr. Castile also lives near the property in question, and City of Tigard May 22, 1989 Page 2 should be aware that the area is becoming an increasingly larger residential neighborhood. In closing, I would like to say, that it is my opinion that a "farm or nursery" paints a mental picture of a pastoral scene, with young crops being raised for sale, not mature plants being loaded and unloaded by equipment on a daily basis. I would like the City Council to further note that it concerns me that Mr. Castile sits on the Planning Commission and has a say as to the future uses of lands in the city. Sincerely, - I Steve Knebel 14535 SW 97th Tigard OR 97224 1 ' f 4; April 6, 1989 V CITY OF TIGARD Mr. Jim Castile OREGON 9563 SW Inez Street CL f Tigard, OR 97223 i RE: "Farm use" in the R -4.5 Zone 14380 S.W. 97th Avenue Dear Mr. Castile: I have reviewed your request for a Director's interpretation of the Community Development Code relative to the definition of farm use and its application in the R -4.5 (Single family residential, 4.5 units /acre) zoning district. Your request has been prompted by complaints received from nearby residents regarding the use of the above property for a nursery and landscaping business. The purpose of this letter is to clarify the City staff position on this issue. It is first useful to outline the facts as I understand them: 1. The property at 14380 S.W. 97th Avenue is zoned R -4.5 as are all surrounding properties. 2. The property is 1.45 acres in size and it contains one dwelling whose residents are not involved in the nursery /landscaping business. 3. The property is presently used for the storage of earth, gravel, rock, a portable outhouse, a storage tank, irrigation equipment, storage sheds, and a variety of plant materials. You indicate in your letter of March C 10, 1989 that all materials not associated with the nursery will be 4 removed within 90 days. A site plan was submitted with the March 10th \ letter which illustrates a garden area, earth storage area, outdoor �' storage space for plant materials, accessory building, and screening along a portion of the perimeter of the property. 4. Employees are and will continue to be on the property periodically. 5. "Farming" appears as a permitted use in the R -4.5 zone (Section 18.50.030 A. 1.). This term is defined in Section 18.26.030 of the Community Development Code as "Farming, truck gardening, orchards, and nurseries, provided no retail or wholesale business sales office is maintained on the premises... ". The remainder of the definition is not relevant because it pertains to livestock. 6. It is your contention that because farming appears as a permitted use in the R -4.5 zone, that the business being conducted on the property is a use which requires no approval under the provisions of the Code. 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 Based upon the above information, I make the following conclusions: 1. The primary purpose of residential zones is not to accommodate commercial /industrial activity or businesses with employees. 2. The existing and proposed use of the property will primarily serve as a staging area for the temporary storage of plants and other landscaping materials. 3. Since the primary activity on the property will not involve the propagation of plants but merely the temporary storage of plants and related materials, this is an outdoor storage use that is customarily permitted in conjunction with a number of activities in the City's industrial zones. Outdoor storage of materials is clearly not allowed 0‘ - 1 in residential zoning districts. The existing and proposed use of the property as described in your letter of March 10, 1989 is not consistent with the regulations of the Community A Development Code. The present storage of materials on the site must cease and N \ the material moved from the property within a reasonable amount of time (eg. one month) that can be scheduled with Coy Humphrey or me. This interpretation may be appealed to the City Council if a written request, justification, and $50.00 fee are submitted. In order to proceed toward a prompt resolution of this issue, I must require that you either submit an appeal of this interpretation or agree to a schedule for removal of the material within 10 days of receiving this letter. Please feel free to contact me if you have any questions. Sinc re y, A - 9 1-- 1 .--- Keith S. Liden Senior Planner Ap• ed • _IF r 'd Mur••' Directo Co unity Development Dept. March 10, 1989 City of Tigard City Hall Tigard, Oregon Att: Keith Liden, Senior Planner RE: PROPERTY AT 14380 S.W. 97th Tigard, Oregon Keith: As discussed, It is our intention to remove everything from the back property that is not associated with a nursery within approximately 90 days, based upon our finding a piece of property that we can use for commercial sales and service. We have made an offer at this time for a piece of property located in Sherwood. It is our intention to continue using the back property as a nursery with no sales office located on the premise as per the definition of Farming on page 24, Title 18. As per Section 18.50.020 for zoning R 4 -5, a use permitted outright, section 18.50.030, is a use which requires no approval under the provisions of this title (code). As per 18.50.030, Farming is a permitted use which requires no approval under the provisions of this title (code) We will have our nursery license transferred over to this property that we currently hold. We will operate under any and all state codes required of such. Enclosed is a diagram of what we hope the property to look like. T nk you, Jim Castile , S 9 '6 ..5-..,....., - -4, s0r� iv • I 11 :r A i 1 i" * z•liiillA.P ) 1 il " . : - r% t 1 ri „I) rir )t 1�' / r� O l..t • p cD > Va.) as o4 l t- N ' )1,0 y - ` - N- 4 ( ' I Jann) bu „o� , — U Sb cL1 • _ f L L., r ( 1 , dA ji 1.AA d V \ o O , ) J1 _ _ Q / ``' /' t �; f - Q , \ i _ c A 0 \ Nl N �, 3 1- .7 � , L,, cs> 16 6 01 ` y • r , N, to w ......w., a\ 7 J afilr7 (0) N \\ Q - + K1 2, 5.x. -,.• re) y' n 4.1 h 0 n ( O Cr) m 0 . ► �..� \ \� 1..1-1 r te\ `-, -- '' '' ( - 2 , 7 , r 1 I `� `\ D~ 3 S r 3 t- ' \\ \ aA z � ° O N �� i '--L, (91 Zt'I 3 „CS,9Do0h) • c: IN • n o . .. ...... .3\i‘: .... rr, , .L. . . . ,., • .. • ,, •• rJ ai C� v rn. . Q V - r� h 0 N. CT O M,OSo1OS (9•SI) 619 • V I a1.2 • 14- 8 9.79 ■ —1:.—..f: ' M. ... 4 12 CURVE \. 1 r S • McCLU RE 8 SCHWAB ATTORNEYS AT LAW 9250 S. W. TIGARD AVENUE CHARLES J. MCCLURE TIGARD, OREGON 97223 FAX(503) 639-3447 • JOHN E. SCHWAB TELEPHONE (503) 639-4108 April 17, 1989 Honorable Gerald R. Edwards, Mayor City Council City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: S & L Landscaping, Inc. - Director's Interpretation. Dear Mayor and Council Members: This office represents S & L Landscaping, Inc., which has a lease - option on property at 14380 S. W. 97th Avenue in Tigard. That property is a 1.45 acre parcel, zoned R -4.5. S & L Landscaping is a commercial landscaping and nursery business. The corporation has been using the subject property as a nursery. On April 6, 1989, the Planning Director issued a Director's Interpretation which held that the existing use and the future use proposed by my client in a meeting with the planning staff, are not consistent with the regulations contained in the Code. We hereby appeal that interpretation. Among the outrightly permitted uses in an R -4.5 zone is farming (18.50.030 (4). The Development Code defines farming as follows: Farming, truck gardening, orchards and nurseries, provided no retail or wholesale business sales office is maintained on the premises, and provided that no poultry or livestock, other than normal household pets, are housed, or any fenced run is located within 100 feet of any residence other than the dwelling on the same lot. (18.26.030). The Code contains no definition of "nurseries ", but the evidence we present will show that the appellant's use of the property is well within the accepted scope of nursery activities. That evidence will follow by separate submittal. Sincerely, MC CL & SCHWAB / i ' JES:gg • 1 cc: S & L Landscaping . n E. Schwab REWVLB man MAY 9 1989 McCLURE 8 SCHWAB ATTORNEYS AT LAW 9250 S. W.TIGARD AVENUE CHARLES J. MCCLURE TICARD, OREGON 97223 FAX(503) 639-3447 JOHN E. SCHWAB TELEPHONE (503) 639 -4108 May 9, 1989 Planning Department City of Tigard 13125 S. W. Hall Blvd. P. 0. Box 23397 Tigard, Oregon 97223 Re: S & L Landscaping, Inc. Dear Sir or Madam: Enclosed please find a Memorandum in Support of the Appeal of the Director's Interpretation I filed on behalf of S & L Landscaping on April 17, 1989. I understand this will be on the City Council's agenda for Monday, May 22, 1989. Sincerely, McCLURE & SCHWAB / , • n E. Schwab JES /sw Enclosure S.18 cc: S & L Landscaping, Inc. MAY 24, 1989 CITY OF TIGARD OREGON JIM CASTILE 9563 SW Inez Tigard, OR. 97223 RE: REMOVAL OF LANDSCAPING MATERIALS FROM 14380 SW 97th Mr Castile: The above issue is the reason for my sending your this letter. I was contacted by Keith Liden and told the City Council upheld staffs recommendation about the use of your property on 97th. I am therefore asking you to contact me or Keith by JUNE 12, 1989 and provide us with a time limit you feel is workable in removing all of the materials. I appreciate your having worked with me and the Planning Department in the past on this issue and hope we can conclude this matter within the near future. My office hours are from 7:00am to 4:00pm Monday through Friday. Keith can be reached on the same days from 8:00am to 5:00pm. Sincerely, , Hump C ENFORC OFFICER cc: Keith Liden, Planning Department 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 • • • 2 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: _5/22/89 DATE SUBMITTED: _5/11/89 ISSUE /AGENDA TITLE: _Director's_ PREVIOUS ACTION: _4/6/89 Director's Interpretation Appeal -- Interpretation S & L Landsc•.' q / REPARED BY: Keith Liden DEPT. HEAD O 10 01, CITY ADMIN OK/ REQUESTED BY; OL Y ISSUE INFORMATION SUMMARY On April 6, 1989, the Planning Director issued an interpretation stating that the business activity that has been established at 14380 SW 97th Ave., is not permissible as a "farming" activity. An appeal of this interpretation has been submitted by John Schwab on behalf of S & L Landscaping. Attached is a vicinity map, a copy of the explanation of the business submitted by Jim Castile, the Director's interpretation, and the appeal letter. ALTERNATIVES CONSIDERED 1. Uphold the Director's Interpretation. 2. Reverse the Director's Interpretation and allow the use as a "farming" activity. FISCAL IMPACT SUGGESTED ACTION / Uphold the Director's interpretation. / VC � �,� 1 �I /br ccsum.mst • • • • • • g ory* A ' F • • • • • r • • A lio � �I �� .�. • • ° • • • • • •. • • • • • • • • • y • • • • • • • • . • • \ .1 • e !, • SP • • • • ISpr 1111./...° . ■ is. . : . • . : . 01 • . so - - \ 4#* 4 l c , g ■A\ 4 k / • • • • • • • • • • • lini 4p\x. _ •■ "ss.-: /■ N.,, t7 SLIN' .V . . 0 . * ' A 4 * s*, _4,1-„it i re 4... 6, . . . • • • • . • • :..._.... . - . - .CEATER* .. r . • • • • • i f -,,,,, ■• ‘ 0 *. 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INEZ T. ` I W - 4 :nEahooK RO ls.W. , PEMBROOK 1 1 T W A LITY r. �J ` > _ _ JUNIOR 111 . . 3 .. �, `` �� ■ C 7. ; HIGH _ ®# 7iN `^m • � N EB'JK N 4'2 L_ — 5 1 SCHOOL nu■mm ••© u■ • ,, .�. : MORD' CI >T TEMPLETON , ' < DR F 11 SW Q � ELEMENTAR cr. j r' �in March 10, 1989 City of Tigard City Hall Tigard, Oregon 1/' Att: Keith Liden, Senior Planner RE: PROPERTY AT 14380 S.W. 97th Tigard, Oregon Keith: As discussed, It is our intention to remove everything from the back property that is not associated with a nursery within approximately 90 days, based upon our finding a piece of property that we can use for commercial sales and service. We have made an offer at this time for a piece of property located in Sherwood. It is our intention to continue using the back property as a • nursery with no sales office located on the premise as per the definition of Farming on page 24, Title 18. As per Section 18.50.020 for zoning R 4 -5, a use permitted outright, section 18.50.030, is a use which requires no approval under the provisions of this title (code). As per 18.50.030, Farming is a permitted use which requires no 'approval under the provisions of this title (code) We will have our nursery license transferred over to this property that we currently hold. We will operate under any and all state codes required of such. Enclosed is a diagram of what we hope the property to look like. T nk you, /�Z -may.7 -e �� Jim Castile 1 - l° 1k- 3nan� t Tom" • '1 • �.YY :T 6 V L' 68 I 24 • • LZ lb (15.6) S0I °50� 61 _ • c • (M p . — l• .1 n - 1 `? (),J n • tD W . :1 IN T\p� • f F J , �! / fr " \_j ; . ' • -- (N0 ° 46 1 53 E 152 18) \. Yr� 7U NC o 82� E ' \'- \ ∎ AC . - �E:'S2 a P �� _ ti N O , -i o\ � ' \ `\\ N ' 1 " cC� FiiOnr «5 - O2\ V► m \\ G • 1 0 w ` or •_ 7-- r 5 12 t. .-2-1 ( Q W #• \� N C og r wigr r • �.- tfl m s w '="( kfl .- t, 4 10 9.9 '''Y _ . tit' --,1 • o. -' , y ✓? l— O r ° i _No.. ' '--I 3 4.5 2 .l e'-'4'5 n r: , ,,,-.-I- 1� -a-- Z \ �Y t 5 I t„ - ! YI 1 ✓ / .. L. m x -I O \ i2 1?a� ' 4 ..t G O O • \ Ren10+f� , •• OD ‘ n 134 4 5 rta -For ' 6 co./pr 1 Ey1 ,n1-- �1 .� J J Roc% Pile t 1 _, N v ' to b<........ . 1 J ( 1 co O . 1 - 1 - - -- s o° 4 3' - . 4 0" ■% L- 41 li irill / 1 1 ,1 ,:: 1 ' i. i ! /I/14 i 1 f= )1 isA.,. 7L7,-e5 9.65 April 6, 1989 CITY OF TIGA RD Mr. Jim Castile OREGON 9563 SW Inez Street Tigard, OR 97223 RE: "Farm use in the R -4.5 Zone 14380 S.W. 97th Avenue Dear Mr_ Castile: I have reviewed your request for a Director's interpretation of the Community Development Code relative to the definition of farm use and its application in the R -4.5 (Single family residential, 4.5 units /acre) zoning district. Your request has been prompted by complaints received from nearby residents regarding the use of the above property for a nursery and landscaping business. The purpose of this letter is to clarify the City staff position on this issue. It iu first . useful to outline the facts as I understand them: 1. The property at 14380 S.W. 97th Avenue is zoned R -4.5 as are all surrounding properties. 2. The property is 1.45 acres in size and it contains one dwelling whose residents are not involved in the nursery /landscaping business. 3. The property is presently used for the storage of earth, gravel, rock, a portable outhouse, a storage tank, irrigation equipment, storage sheds, and a variety of plant materials. You indicate in your letter of March 10, 1989 that all materials not associated with the nursery will be removed within 90 days. A site plan was submitted with the March 10th letter which illustrates a garden area, earth storage area, outdoor storage space for plant materials, accessory building, and screening along a portion of the perimeter of the property. 4. Employees are and will continue to be on the property periodically. 5. "Farming" appears as a permitted use in the R -4.5 zone (Section 18.50.030 A. 1.). This term is defined in Section 18.26.030 of the Community Development Code as "Farming, truck gardening, orchards, and nurseries, provided no retail or wholesale business sales office is maintained on the premises__. ". The remainder of the definition is not relevant because it pertains to livestock. 6. It is your contention that because farming appears as a permitted use in the R -4.5 zone, that the business being conducted on the property is a use which requires no approval under the provisions of the Code. 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 • • Based upon the above information, I make the following conclusions: . 1. The primary purpose of residential zones is not to accommodate commercial /industrial activity or businesses with employees. 2. The existing and proposed use of the property will primarily serve as a staging area for the temporary storage of plants and other landscaping materials. 3. Since the primary activity on the property will not involve the propagation of plants but merely the temporary storage of plants and related materials, this is an outdoor storage use that is customarily permitted in conjunction with a number of activities in the City's industrial zones. Outdoor storage of materials is clearly not allowed in residential zoning districts. The existing and proposed use of the property as described in your letter of March 10, 1989 is not consistent with the regulations of the Community Development Code. The present storage of materials on the site must cease and the material moved from the property within a reasonable amount of time (eg. one month) that can be scheduled with Coy Humphrey or me. - This interpretation may -be- appealed - to - the - City - Council if a request, justification, and $50.00 fee are submitted. In order to proceed toward a prompt resolution of this issue, I must require that you either submit an appeal of this interpretation or agree to a schedule for removal of the material within 10 days of receiving this letter. Please feel free to contact me if you have any questions. Sinc re y, Keith S. Liden Senior Planner A•1 • • ed diFi . d Mu • Directo Co. Development Dept. • McCLURE f8 SCHWAB ATTORNEYS AT LAW 9250 5. W. TIGARD AVENUE CHARLES J. MCCLURE TIGARD, OREGON 97223 FAX(503) 639 - 3447 JOHN E. SCHWAB TELEPHONE (503) 639 - 4108 April 17, 1989 Honorable Gerald R. Edwards, Mayor City Council (7+ City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: S & L Landscaping, Inc. - Director's Interpretation. Dear Mayor and Council Members: This office represents S & L Landscaping, Inc., which has a lease - option on property at 14380 S. W. 97th Avenue in Tigard. That property is a 1.45 acre parcel, zoned R -4.5. S & L Landscaping is a commercial landscaping and nursery business. The corporation has been using the subject property as a nursery. On April 6, 1989, the Planning Director issued a Director's Interpretation which held that the existing use and the future use proposed by my client in a meeting with the planning staff, are not consistent with the regulations contained in the Code. We hereby appeal that interpretation. Among the outrightly permitted uses in an R -4.5 zone is farming (18.50.030 (4). The Development Code defines farming as follows: Farming, truck gardening, orchards and nurseries, provided no retail or wholesale business sales office is maintained on the premises, and provided that no poultry or livestock, other than normal household pets, are housed, or any fenced run is located within 100 feet of any residence other than the dwelling on the same lot. (18.26.030). The Code contains no definition of "nurseries ", but the evidence we present will show that the appellant's use of the property is well within the accepted scope of nursery activities. That evidence will follow by separate submittal. Sincerely, MC CL RE & SCHWAB JES:gg ( f / / (� cc: S & L Landscaping • n E. Schwab RECEIVED PLUM MAY 9 1989 McCLURE 8 SCHWAB ATTORNEYS AT LAW 9250 S. W. TIGARD AVENUE CHARLES J. McCLURE TIGAR.D, OREGON 97223 FAX(503) 639 - 3447 _ JOHN E. SCHWAB TELEPHONE (503) 639 -4108 May 9, 1989 Planning Department City of Tigard 13125 S. W. Hall Blvd. P. O. Box 23397 Tigard, Oregon 97223 Re: S & L Landscaping, Inc. Dear Sir or Madam: Enclosed please find a Memorandum in Support of the Appeal of the Director's Interpretation I filed on behalf of S & L Landscaping on April 17, 1989. I understand this will be on the City Council's agenda for Monday, May 22, 1989. Sincerely, McCLURE & SCHWAB i ,/ t , 1 . n E. Schwab JES /sw Enclosure S.18 cc: S & L Landscaping, Inc. MEMORANDUM IN SUPPORT OF APPEAL OF DIRECTOR'S INTERPRETATION Appellant, S & L Landscaping, Inc., operates a nursery on property in Tigard that is zoned R -4.5 and by this appeal seeks to preserve that use of the property. Farming is outrightly permitted in the R -4.5 zone. The Development Code defines farming as, "...truck gardening, orchards and nurseries...." There is no definition of nurseries in the code and this matter hinges on whether the Director has correctly defined that term in his letter of interpretation. Appellant has been granted a nursery license by the Department of Agriculture of the State of Oregon and has held such a license since 1983. On the site in question the Appellant is propagating ivy and other nursery stock from starts and transferring the growing plants to bigger and bigger containers; it is growing trees both in containers and by heeling them into sawdust, and it is holding and maintaining the healthy growth of several varities of containerized shrubs, flowering plants and trees for later resale or replanting by landscape crews. All of these activities are within the usual and ordinary activities of a nursery. Appellants' license is the same as the license for Hector's Nursery on Pacific Highway in Tigard, which is mainly a retail business and the NPI -Inc. Nursery on Beef Bend Road west of King City, which is a wholesale nursery. The Director appears to base his interpretation on his observation that the use of the property will primarily be "a staging area for the temporary storage of plants," and "will not involve the propagation of plants." In other words, staff would be more comfortable if this property had material actually cultivated in the ground, rather than in containers. That would then be closer to "farming." However, the propagation of plants in the nursery business involves two types of operations; container yards and field crops, depending on what is the more efficient process for an individual plant type. Some shade and fruit trees grow better planted in rows, or their harvesting is more efficient. Most other nursery stock is propagated and grown in containers. The use of containers makes it easier for the plant to be repotted at various stages of maturity and also easier to distribute in the chain of commerce. One of Oregon's largest nursery operations is the Monrovia Nursery near Dayton, Oregon, which has about 650 acres of growing nursery stock, all in containers. Obviously, that operation is totally out of scale with the Appellants' nursery operation, but the point is both are "container yards" or "holding yards" as those terms are used in the nursery business and in the eyes of the Department of Agriculture. Both are nurseries. Until Tigard's Code is amended to put some restrictions on the types of nurseries it will allow under the definition of farming, there is no good reason to exclude the nursery at issue here. Respectfully submitted, McCLURE & SCHWAB ' / A / d / J o , E. Schwab DATE: 4/6/1989 / a -- / CODE SECTIONS: 18.50.030.A.1 TOPIC1 Use Classification: "Farm Use" in the R-4.5 Zone INTERPRETATION: I have reviewed your request for a Director's Interpretation of the Community Development Code relative to the definition of farm use and its application in the R-4.5 (Single - family residential, 4.5 units /acre) zoning district. Facts: 1. The property at 14380 SW 97th Avenue is zoned R -4.5 as are all surrounding properties. 2. The property is 1.45 acres in size and it contains one dwelling whose residents are not involved in the nursery/landscaping business. 3. The property is presently used for the storage of earth, gravel, rock, a portable outhouse, a storage tank; irrigation equipment, storage sheds, and a variety of plant materials. You indicate in your letter of March 10, 1989, that all materials not associated with the nursery will be removed within 90 days. A site plan was submitted with the March 10th letter which illustrates a garden area, earth storage area, outdoor storage space for plant materials, accessory building, and screening along a portion of the perimeter of the property. 4. Employees are and will continue to be on the property periodically. 5. "Farming" appears as a permitted use in the R-4.5 zone (Section 18.50.030.A.1.). This term is defined in Section 18.26.030 of the Community Development Code as "Farming, truck gardening, orchards, and nurseries, provided no retail or wholesale business sales office is maintained on the premises... ". The remainder of the definition is not relevant because is pertains to livestock. 6. It is your contention that because farming appears as a permitted use in the R -4.5 zone, that the business being conducted on the property is a use which requires no approval under the provisions of the Code. Based upon the above information, I make the following conclusions: 1. The primary purpose of residential zones is not to accommodate commercial /industrial activity or business with employees. 2. The existing and proposed use of the property will primarily serve as a staging area for the temporary storage of plants and other landscaping materials. 3. Since the primary activity on the property will not involve the propagation of plants but merely the temporary storage of plants and related materials, this is an outdoor storage use that is customarily permitted in conjunction with a number of activities in the City's industrial zone. Outdoor storage of materials is clearly not allowed in residential zoning districts. The existing and proposed use of the property as described in your letter of March 10, 1989, is not consistent with the regulations of the Community Development Code. The present storage of materials on the site must cease and the material moved from the property within a reasonable amount of time (e.g.. one month).