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DIR1988-00001 .. . . f ,Aici),)C,o) 1 (.7 r Q)911)(‘ di ill 1 1 1 \ a :i t ilk Janaury 13, 1988 ` c,,,Y CIT OF TIGA RD } Nt i OREGON Lance Stout O f---- MacKenzie/Saito and Assoc. 0690 SW Bancroft Street I '� Portland, „ OR 97201 rm' n 1 j RE: Development Complex Director's interpretation Dear Lans: I have reviewed your request for further clarification of my interpretation of the term " develoment complex" dated December 22, 1987. The statements made in your letter of January 4, 1988 are consistent with the views of our staff, but I would like to elaborate. I A commercial or industrial "development complex" must be developed as part of a complete conceptual plan that is constructed in one or more phases. This would not prevent the combination of improved and /or vacant properties into a new "development complex" that is approved through the City's Site Development Review process. It is critical that the redeveloped properties be integrated in some meanifui_way such as common access, parking, or traffic circulation. If you have any further questions, please call Keith or myself. Sincerely, . — 7:2 William A. Monahan . Director of Community Development c: Dick Buono dj/2689D '2. ( 0T. ire 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 __I MACKENZIE /S.-., ID & ASSOCIATES, P.C., OREGON MACKENZIE /SAITO & ASSOCIATES, P.S., WASHINGTON • ARCHITECTS- PLANNERS 0690 S.W BANCROFT STREET PORTLAND, OREGON 97201 (503) 224 -9570 January 4, 1988 City of Tigard Attention: Bill Monahan, Director of Community Development 13125 S.W. Hall Boulevard ,' Tigard, Oregon 97223 Director's Interpretation dated December 22, 1987 PacTrust Carman Center MSA Project Number 287734 Dear Bill: Thank you for your letter of December 22, 1987 which responded to my request for interpretation of the applicability of the term "development complex." I would like to clarify one point. My letter of December 4, 1987 did not mention Carman Center, although I had discussed this with Keith Liden. My understanding from Keith is that Carman Center and the adjacent Peterson / "Railroad" property can be considered a "complex" if we include the existing Carman Center building in an overall plan for access, circulation, and new structures. This will allow most of the existing building (which is not suited for industrial use) to be used for commercial uses within the 20% allocation provided by the IP zone. Of course, this assumes that the pending rezone to IP will be successful, and that the overall plans will be reviewed and approved through the City's Site Plan Review process. It is essential that Carman Center and the adjacent vacant property, which has been requested to be rezoned to IP, be considered a "development complex." This will allow PacTrust the opportunity for a viable project, and will relieve an existing zoning problem. Therefore, I hope that you can confirm Keith's position that this will be the case. Please call me with your comments at your convenience. Sincerely, (14 Lans Stout LS /sjm cc: Dick Buono, PacTrust __r, CITY OF TIGARD December 22, 1987 O REGON Lans Stout MacKenzie /Saito and Assoc. 0690 SW Bancroft Street Portland, OR 97201 RE: Director's Interpretation "Development Complex" Dear Lans: I have reviewed your letter dated December 4, 1987 with Keith Liden regarding an interpretation of the term "development complex" as it pertains to the I -P (Industrial Park) zone and the Carmen Center. Your request is to allow this center to be considered as part of the PacTrust development in the immediate area which includes several parcels which have been purchased and developed at different times. Of concern to your client is the determination of what portion, if any, of the PacTrust development may be combined with the Carmen Center for the purpose of calculating the 20Z commercial retail uses permitted in Section 18.68.030(2)(0) of the Communi.y Development Code (attached). As you observe in your letter, the Code does not define the term "development complex." In order to make an interpretation of this term, the following factors were considered: 1. "Complex" is defined as "a structure or group of structures developed on one lot of record." 2. "Development" is defined as "a building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels. . ." 3. A portion of the purpose statement for the I -P zone states that the zone is intended for combining light manufacturing, office and complementary related commercial uses. . ." 4. A denial of the zone change request of I -P to C -G (Commercial General) for Carmen Center (File CPA 9 -86 /ZC 17 -86) was based partially upon the concern that industrial zones and /or uses in this area should not be displaced by commercial activities. 5. In a similar Director's interpretation for Nimbus Center on Scholia Ferry Road (File M 10 -86), the City Council determined that a "development complex" could not apply to parcels developed at separate times under different ownership. 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 • Lans Stout Page 2 December 22, 1987 The two Code definitions noted above in combination refer to a development that originates from one parcel of land and perhaps through the course of development two or more separate parcels are created. In addition, City policy has consistently viewed a "development complex" as a project that involves a complete conceptual plan that is implemented in one or several phases. Complementary commercial uses referred to in the I -P zone purpose statement describe commercial activities that primarily serve the businesses and employees located in an industrial area. In past discussions With the Planning Commission and City_Council, it has been made clear to the staff that the creation of large commercial centers which attract a significant percentage of customers from outside the industrial area is not consistent with the intended purpose. Combining independent projects and separate parcels into one "development complex" will promote the creation of larger commercial centers within a zone intended for industrial and office use. In this particular case, the requested interpretation would in some respects circumvent the City Council decision to deny zone change proposal for Carmen Center. Combining separate facilities into one "development complex" would • also be contrary to the Council interpretation of the Nimbus Center issue. I am in agreement that a public street does not necessarily prevent the property on either side from being considered as one "development complex." However, I do not find that the properties you describe above can be regarded as a "development complex" based upon the above discussion. This decision may be appealed to City Council if a written request and $50.00 fee are submitted. If you would like any further clarification on this issue, please call Keith or myself. Sincerely, Wi Liam A. Monahan, Director, Community Development cn /2414D cc: Dick Buono $ (b) A conditional use, Section 18.68.040, is a use, the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter t 18.130 (CONDITIONAL USES). If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43 (UNLISTED USES). 18.68.030 Permitted Uses Permitted Uses in the I —P district are as follows: (1) Civic Use Types (A) Public support facilities (B) Parking facilities (C) Postal services (0) Public safety services (2) Commercial Use Types (A) Animal sales and services (i) Veterinary: small & large animals (8) Automobile and equipment (i) Repairs: light (ii) Sales and Rental: light equipment (C) Building maintenance services (D) Business equipment sales and services • (E) Business support services (F) Communication services (G) Construction sales and services (H) Financial, insurance and real estate services (I) Laundry services (3) Medical and dental services (K) Participation sports and recreation (i) Indoor (ii) Outdoor (L) Professional and administrative offices (M) Research services (N) Vehicle fuel sales (0) The following uses, separately or in combination, shall not exceed a total of 20% of the entire square footage within the development complex: (i) Convenience sales and personal services (ii) Day care facilities (iii) Eating and drinking establishments (iv) Personal services facilities (v) Retail sales, general (3) Industrial Use Type (A) Manufacturing of finished products (B) Packaging and processing (C) Wholesale, storage and distribution (i) Mini -- warehouse (ii) Light (4) Farming III — 113 Rev. 12/85 DATE: 1/13/1988 CODE SECTIONS: 18.68.030.2.o OPIC Definition: Development Complex / L, r',T INTERPRETATION: A commercial or industrial "development complex" must be developed as part of a complete conceptual plan that is constructed in one or more phases. This would not prevent the combination of improved and /or vacant properties into a new "development complex" that is approved through the City's Site Development Review process. It is critical that the redeveloped properties be integrated in some meaningful way such as common access, parking or traffic circulation. Development Complex Definition: 1. "Complex" is defined as "a structure or group of structures developed on one lot of record." 2. "Development" is defined as "a building or mining operation, making a material change in the use or appearance of a structure or land, dividing land into two or more parcels.