MIS2011-00001AFFIDAVIT OF MAILING
I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City
of Tigard, Washington County, Oregon and that I served the following:
I()uck .App.T-w B..(s) B&.)
FX1 NOTICE OF DECISION FOR:
MIS201 1 -00001 /EWING IRRIGATION NONCONFORMING USE DETERMINATION
(Fae No. /Name Reference)
AMENDED NOTICE
E City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit "A ", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B ", and by reference made a part
hereof, on March 3, 2011, and deposited in the United States Mail on March 32011 postage prepaid.
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the day of
E OFFICIAL SEAL
SHIRLEY L TREAT
OTARY PUBLIC - OREGON
OMMISSION NO. 416777
ON EXPIRES APRIL 25, 2011
2011.
"" ")c &Lki'
NOTARY PUBLICIOF OREGON
My Commission Expires: 4 ( �5� 11
EXHIBITg
NOTICE OF TYPE I DECISION
EWING IRRIGATION WA ■:
NONCONFORMING USE DETERMINATION
120 DAYS = 6/9/2011
SECTION I. APPLICATION SUMMARY
FILE NAME: EWING IRRIGATION NONCONFORMING USE DETERMINATION
CASE NO.: Nonconforming Use (MIS) MIS2011 -00001
PROPOSAL: The applicant requests a nonconforming use determination for the commercial
building located at 10685 SW Greenburg Road to allow wholesale, retail, office,
storage, distribution, and outside storage for a landscape irrigation supply facility.
APPLICANT: Ewing Irrigation
c/o Jinn Hudson
10130 SW North Dakota Street
Tigard, OR 97223
OWNER Lanphere Properties V LLC
12505 SW Broadway Street
Beaverton, OR 97005
COMPREHENSIVE
PLAN
DESIGNATION: Mixed Use Commercial.
ZONING
DESIGNATION: MUC: The MUC zoning district includes land around the Washington Square
Mall and land immediately west of Highway 217. Primary uses permitted include
office buildings, retail, and service uses. Also permitted are mixed -use
developments and housing at densities of 50 units per acre. Larger buildings are
encouraged in this area with parking under, behind or to the sides of buildings.
LOCATION: 10685 SW Greenburg Road; WCTM 1S135BB, Tax Lot 00700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.630 and 18.760.
SECTION II. DETERMINATION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED a nonconforming use, subject to the findings and conclusions on which the determination is
based, noted in Section IV of this decision.
NO`I7(_1E OF`1'YPF,I DF ITA IINATION EWING IRRIGA11ON NONCONFORNMING USF.I)I°IFRMINATION PAGE 1 OF 4
SECTION 1I1. BACKGROUND INFORMATION
Background:
Ewing Irrigation is interested in purchasing the property from Lanphere Properties, current owner of the
subject building and parcel. Ewing Irrigation, currently in business at 10130 SW North Dakota, proposes
to use the building for wholesale sales, retail sales, office, indoor and outdoor storage and distribution.
Vicinity Information:
The subject site is surrounded by MUC zoned parcels developed with a mix of commercial uses including
commercial storage facilities, gas station, strip mall, and Harley Davidson and Beaverton Honda- Yamaha-
Suzuki motorcycle /parts /accessory/sales and service dealerships with interior and exterior display. The
subject parcel and the adjacent parcel to the east are owned by Lanphere Properties.
Site History:
County records show that the subject building (29,477 square feet) was built in 1971 in unincorporated
Washington County. A small office addition (1,352 square feet) was built in 1982. The property was annexed
into the City in 1983.
City zoning maps show that the subject site was zoned Industrial Park J-P) since 1983. The zoning changed
to Mixed Use Commercial (MUC) in February 2002 with the adoption of the Washington Square Regional
Center Plan.
City permit history shows sign and electrical permit activity for Chipman Moving in 1991 and 1999,
respectively. Permit activity for Lanphere Enterprises (purchased the property in November 2003) include
electrical and plumbing permits and a sensitive lands review for installation of a box culvert across the
property for storm drainage improvements.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.760.020 Determination of Nonconforming Use Status
A. Director's determination. The Director shall make a determination regarding the legal status
of a nonconforming use by means of a Type I procedure, governed by Section 18.390.030, using
the following criteria:
1. Proof that the use was permitted by this title at the time it was established, by any of the
following:
a. Copies of building and /or land use permits issued at the time the use was established;
b. Copies of zoning code provisions and /or maps;
c. Demonstration that the use was established before the first development code for the
community was adopted.
The applicant proposes to use the subject property for retail, office, wholesale, storage, distribution, and
outside storage for a landscape irrigation supply facility. Under the current MUC zone, sales- oriented
retail and office uses are permitted uses. Wholesale Sales (with accessory indoor storage and distribution)
is not permitted in the MUC zone and would be a non - conforming use if it was permitted by the Tigard
Municipal Code (IMC) at the time it was established. Outdoor Storage is not a listed use in the use Table
18.520.1.
Note: Even though not proposed with this request, "Outdoor Sales" is not allowed in the MUC. However,
limited outdoor or partially enclosed sales areas are allowed when clearly incidental and accessory to retail
uses selling home improvement supplies (Lowe's example). Incidental and accessory describe a subordinate
amount or activity and naturally occurring in addition to the primary use.
NOTICE OF TYPE I DETERMINATION EWING 11MIGATION NONCONFORMING USE DETERMINATION PAGE 2 OF 4
The applicant provided copies of the Tigard Municipal Code in effect prior to the adoption of the
Washington Square Regional Center (February 22, 2002): Chapter 18.68, Industrial Park District was in
effect between 1983 and 1998; Chapter 18.530 Industrial Zoning Districts was in effect between 1998
and 2002. The subject property had been zoned I -P from at least 1983 (Comp Plan Map 1983).
Applicable uses permitted in the I -P zone included "wholesale, storage and distribution (ii) Light."
Chapter 18.42.020 Listing of Use Classifications describes this use as "Wholesaling, storage, and
warehousing services within enclosed structures. Typical uses include wholesale distributors, storage
warehouses, or moving and storage firms." (Heavy Industrial, "Wholesale, storage and distribution,
Heavy" includes open -air storage for such uses as stone yards and grain elevators).
FINDING: Based on the information provided, the applicant has proved that Wholesale Sales (with
accessory indoor storage and distribution) was a legally permitted use at the time it was
established in 1985 by Chipman Moving and Storage (see affidavit, below).
However, the applicant has not proved that "outdoor storage" was permitted at the time
it was established, also in 1985 (see affidavit, below). Since outdoor storage is not a listed
use, but is a characteristic that differentiates light from heavy industrial, it would be
reasonable to assume that some degree of outdoor storage of equipment accessory to the
distribution function of wholesale activities would be expected to occur.
2. Proof that the use has been maintained over time. This includes copies of one or more of the
following evidence for every other year from the time the use was established until the current
year. Standard evidence that the use has been maintained over time includes:
a. Utility bills;
b. Income tax records;
c. Business licenses;
d. Listings in telephone, business and Polk directories;
e. Advertisements in dated publications, e.g., trade magazines, and /or;
f. Building, land use or development permits.
The applicant states that they believe, retail, office, wholesale, storage, distribution, and outside storage
uses have been maintained over time. The applicant provided affidavits from prior owners of the subject
building.
1) An affidavit from Gary Kuntz, Vice President of Chipman Relocations states that Chipman Moving and
Storage operated a business on the subject property between 1985 to 2001 which included warehouse,
outside storage, and retail uses.
2) An affidavit from Bob Lanphere Jr., states that Lanphere Enterprises has operated a business at the
subject property from 2001 to 2011 which included warehouse, outside storage, wholesale and retail uses.
In addition, the applicant provided the following information:
• Business licenses for Chipman from 1985, 1987, 1992, 1994, and 2000.
• Water usage information from 1997- 2011
• Utility (PGE) billing and Alarm Permits for Lanphere from 2004 -2010
• Aerial photographs from 2002 -2009
FINDING: Based on the information provided, it can be determined that the retail, office, wholesale,
storage, distribution, and outside storage uses have been maintained over time.
E. Nonconforming Situations in Washington Square Regional Center. For nonconforming uses
and developments in the Washington Square Regional Center, the standards of Section
18.630.030 apply.
NOTICE OF TYPE I DETERMINATION EWING IRRIGATION NONCONFORMING USE DETERMINATION PAGE 3 OF 4
18.630.030 Pre - Existing Uses and Developments within the Washington Square Regional Center
Mixed Use Districts.
A. Applicability. Notwithstanding the provisions of Section 18.760.040, uses prohibited and
structures that would be nonconforming in any of the Regional Center Mixed Use zoning
districts that were lawfully in existence at the time of adoption of the Regional Center Mixed
Use districts are considered to be approved uses and structures. However, future additions,
expansions, or enlargements to such uses or structures, shall be limited to the property area and
use lawfully in existence at the time of adoption of this ordinance, February 22, 2002.
Pursuant to Tigard Development Code Section 18.630.020.B, existing developments which do not meet the
standards specified for a particular district may continue in existence and be altered subject the provisions
of Section 18.630.030 (up to 20% expansion with substantial compliance with code; expansion >20% must
be in compliance with the code. The applicant has not proposed any improvements or expansion of the
existing facilities.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and /or owners.
Final Decision
The determination of the Director on a Type I procedure is final on the date it is mailed or otherwise
provided to the applicant, whichever occurs first. The Director's determination may not be appealed
locally and is the final decision of the City.
THIS DECISION IS FINAL ON MARCH 3, 2011,
AND BECOMES EFFECTIVE ON MARCH 4, 2011.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 718 -2434.
PREPARED BY:
Associate Planner
March 3, 2011
NOTICE 01'I1PI? I DETERN11NATI0N EWING IRRIGATION NONCONFORMING USE DETERMINATION PAGE 4 OF 4
7
VICINITY MAP
MIS201 1 -00001
EWING IRRIGATION
NONCONFORMING USE
W Oq�sT DETERMINATION
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Subject Site
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1 O e MAKES DERIVED INO WARRANTY, EPRESENTATION OR GUARANTEE AS TO THE
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THE UNIA PROVIUEU HEHEIN. 1 Ht GI IY OF TKiARD SHALL ASSUME NO
LIABILITY FORANV RRORS.OMISSION S.OR INACCUINACCURACIES IN THE
nru „vry W,u[u nCWJJV nv„v cAU u
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w p 13125 SW Hall Blvd
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LANPHERE PROPERTIES V LLC
12505 SW BROADWAY
BEAVERTON, OR 97005
3�a /ir ��
RECEIVED
CITY OF TIGARD
P.ANI"/ENGINEERFNG
■ City of Tigard
Land-Us Permit Apps ati.o n . ftF, -A Imm BY:
File # JA,S 011 � QW Other Case #
1 9 1 U 1 9
Date BI Receipt # Fee Date Complete
TYPE OF PERMIT YOU ARE APPLYING FOR
[] Adjustment /Variance (I or 11) ❑ Historic Overlay (I1 or III) ❑ Site Development Review (II)
❑ Comprehensive Plan Amendment (IV} ❑ Home Occupation (P Q Subdivision (II or III)
Conditional Use (III} ❑ Minor Land Partition (II) ❑ Zone Change (III)
L] Development Code Amendment (IV) ❑ Planned Development (111) [] Zone Change Annexation (IV)
❑ Downtown Design Review (11, ❑ Sensitive Lands Review (I, II or III} � APN - Cam FOA let A& Jw bFTe'M1
LOCATION WHERE PROPOSED ACYWnY Wal OMR Wdtess if ton
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PAX NO:
*When the owner and the spplicmt are different people, the applicant must be the purchaser of record or a lessee in possession with written
authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form
of submit a written authorization with this app lication.
SUMMARY be apwdx)
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City of Tipp 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -718 -2421 1 www.tigard- or.gov ( Page 1 of 2
THE APPLICANT SHALL CERTIFY THAT
♦ Tf the application is granted, the applicant shall exercise the rights granted in accordance with the terms and
subject to all the conditions and limitations of the approval.
♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are
true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is
found that any such statements are false.
♦ ne applicant has read the entire contents of the application, including the policies and criteria, and understands
the requirements for approving or denying the application(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
Own s Signature V Date
Owner's Signature
Owner's Signature
Owner's Signature
Owner's Signature
Applic Agent /Representative's Signature
Date
Date
Date
Date
Date
Applicant /Agent /Representatives Signature
Date
City of Tigard 1 13125 SW Hall Alvd.,'figard, OR 97223 1 503 -71 8-2421 1 www.tigard-or.gov I Page 2 of 2
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18.530,030 Uses
A. Tyles of uses. For the purposes of this chapter, there are four kinds of use:
A permitted (P) use is a use which is permitted outright, but subject to all of the applicable
provisions of this title. If a use is not listed as a permitted use, it may be held to be. a similar
unlisted use under the provisions of Chapter 18.230;
2. A restricted (R) use is permitted outright providing it is in compliance with special requirements,
exceptions or restrictions;
3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings Officer.
The approval process and criteria are set forth in Chapters 18.3I0 and 18.320. 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 18.2:30;
4. A prohibited (N) use is one which is not permitted in a zoning district under any circumstances.
B. Use table A list of permitted, limited, conditional and prohibited uses in residential zones is presented
in Table 18,530.1 below.
C. Accessory structures.
1. Accessory structures are permitted in all commercial zones providing the site is still in compliance
with all development standards, including but not limited to setbacks, height, lot coverage and
landscaping requirements, of the base zone. All accessory structures shall comply with all
requirements of the Uniform Building Code. All accessory structures except those less than 120
square feet in size require a building permit.
2. All freestanding and detached towers, antennas, wind - generating devices and TV receiving dishes,
except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798) shall have
setbacks equal to or greater than the height of the proposed structure. Suitable protective anti -
climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping
and Screening, shall be provided and maintained around these structures and accessory
attachments.
Industrial Zoning Districts 18.530 -2 11126198
Features
A . - • . lkq
6J341 COL
. - ITMI
58
TC09P Co
1
TC09T Co
145
TC09N Co
63
V8X57 Co
68
ROABX C
115
23222 COL
121
TC09Z Co
57
TCQZX C
61
TC09J Coi
85
TCOA1 Co
81
TC09L Co
114
TC09V Co
135
TC09W C
145
2BQIA Co
290
4KQM5 C
152
7G3GY Cc
133
NCJW6 C
119
4FZG9 Co 96
Grand Coi 2039
TABLE 18.530.1
USE TABLE: INDUSTRIAL ZONES
USE CATEGORY I -P I -L I -11
RESIDENTIAL
Household Living
Group Living
Transitional Housing
Home Occupation
CIVIC (INSTITUTIONAL)
Basic Utilities
Colleges
Community Recreation
Cultural Institutions
Day Care
Lmergency Services
Medical Centers
Postal Service
Public Support Facilities
Religious Institutions
Schools
SociaI/F'raternal C lubst Lodges
COMMERCIAL
Commerciai Lodging
Eating and Drinking Establishments
Entertainment - Oriented
- Major Event Entertainment
- Outdoor Entertainment
- Indoor Entertainment
- Adult Entertainment
General Retail
Personal Services
Repair- Oriented
Bulk Sales
Outdoor Sales
- Animal- Related
Motor Vehicle Related
- Motor Vehicle Saiesaental
- _Motor 'Vehicle ServicinglRepair
- Vehicic Fuel Sales
Self-Service Storage
Non- Accessory Parking
R'
R'
R'
N
N
N
N
N
N
N
N
N
C
C
P
N
N
N
N
N
N
N
N
N
R 2 3
R3
R3
P
P
P
N
N
P
P
P
P
P
P
N
N
N
N
N
N
N
N
'v
P
N
R
N
N
N
N
N
P
N
N
P
N
N
N
N
N
lily°
N
N
R'
N
N
P
N
N
N
N
N
N
P
P
P
P
P
N
P
P
C
P
P
F
P/C'
P
P
N
N
P
P
P
P
P
P
Industrial "Zoning Districts 18.530 -3 1 1126198
Fea Deacts
A . 0
6J341 COL
.
8
TC09R Co
1
TC09T Co
1
TC09R Co
1
TC09T Co
31
TC09R Co
1
TC09T Co
1
TC09R Co
1
TC09N Co
18
V8X57 Col
5
ROABX Ci
29
23222 COL
28
TC09Z Co
11
TCQZX C
19
TC09J Coi.
19
TCOA1 Col
8
TC09L Co
13
TC09V Co
20
TC09W C
44
2BQIA Co
54
4KQM5 C
20
7G3GY Cc
28
NCJW6 C
21
4FZG9 Co 10
Grand Coi 392
USE CATEGORY
INDUSTRIAL
Industrial Services
Manufacturing and Production
- Light Industrial
- General Industrial
- Heavy Industrial
Railroad Yards
Research and Development
Warehouse/Freight Movement
Waste - Related
Wholesale Saks
OTHER
Agriculture4brticulture
Cemeteries
Retention Facilities
Heliports
Mining
Wireless Communication Facilities
Rail LinestLttility Corridors
Other
TABLE 18.530.1 (CON IT)
I -P I -L X -H
N
P
P
P
P
P
N
P
P
N
N
P
N
N
P
P
P
P
N
P
P
N
N
P
P
n
P`
PS
ps
N
C
N
C
N
C
C
C
C
N
N
P
P/R
P
P
P
P
P
NA
NA
P'
P= Permitted IL Restricted Conditional Use N =Not Permitted
'A single - family detached dwelling or single - family mobile or manufactured home Mowed for caretaker or
kennel owner /operator when located on the same lot as the permitted use and is exclusively occupied by the
caretaker or kennel owFnerfoperator and family.
2 These limited uses, separately or in combination, may not exceed 20% of the entire ware footage within a
development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or
business.
'In -home day care which meets all state requirements permitted by right.
'Permitted if all activities, except employee and customer parking, are wholly contained with a buildings).
'When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household
pets, may be housed or provided use of a fenced run within 160 feet of any nearby resi&nce except a dwelling
on the same lot.
"See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in
the I -P zone.
'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is
permitted conditionally.
'Explosive storage Permitted outright subject to regulations of Uniform Fire Code.
Industrial Zoning Districts 18.5 =04 11/26198
New Deacts
NCJW6 Cc 2
Grand Coi 58
18.530.040 Development Standards
A. Compliance required. All devetopment must comply with:
1. All of the applicable development standards contained in the underlying zoning district, except where
the applicant has obtained variances or adjustments in accordance with Chapters 18.374.
2. All other applicable standards and requirements contained in this title.
B. Development Standards. Development standards in industrial zoning districts are contained. in Table
18.530.2 below:
TABLE 18.530.2
DEVELOPMEM STANDARDS IN INDUSTRIAL ZONES
[13 The provisions of Chapter 18.795 (Vision Clearance) must be satisfied.
[21 Includes all buildings and impervious surfaces.
[31 No setback shall be required except 50 feet shall be required where the zone abuts a residenrtial zoning district
[41 Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1
151 Maximum site coverage may be increased to 80% if the provisions of Section 18.530.0508 are satisfied.
[61 Except that a reduction to 20%, of the site may be approved through the site development review process.
-PP --Industrial Park District
f I -L - Light Industrial
[1-H Heavy Industrial
Industrial Zasiing Districts 18.530 -5 1 1126/98
I
M Lot Size None_
None
; None
Minimum Lot Width 50 ft.
50 &
t 5 0 ft.
Minimum Setbacks
- Front Yard 35 ft.
30 R
j 30 ft.
t - Side facing :street on 1
corner & through lots t 11 20 ft.
20 &
20 ft.
- Side yard 1 0150 ft. [31
0150 ft. (3)
0150 ft. [31
- Rear yard 0150 ft. [31 [41
0 /50 fL [31
Qi50 ft. [31
- Distance between: front of
garage & property line abutting
i a tru�plic car privates street � I
'
__
7�.� yam, 4
M q?; im m heIp�lxt 45 ft.
5 14
YS ft-
Ma ximum Site Cove, 2 75 %
r--
"
$5 %
85 %
Minimu L andscapo Itoquirement 1_ 25 Ro�6i
T IS 9fc 1
IS 96
[13 The provisions of Chapter 18.795 (Vision Clearance) must be satisfied.
[21 Includes all buildings and impervious surfaces.
[31 No setback shall be required except 50 feet shall be required where the zone abuts a residenrtial zoning district
[41 Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1
151 Maximum site coverage may be increased to 80% if the provisions of Section 18.530.0508 are satisfied.
[61 Except that a reduction to 20%, of the site may be approved through the site development review process.
-PP --Industrial Park District
f I -L - Light Industrial
[1-H Heavy Industrial
Industrial Zasiing Districts 18.530 -5 1 1126/98
up ueacts
6J341 COL
2
TC09T Co
2
TC09R Co
1
TC09N Co
2
V8X57 Co
1
ROABX C
1
TC09Z Co
1
TCQZX C
2
TC09J Coi
1
TCOA1 Co
1
TC09L Co
3
TC09V Co
3
TC09W C
1
2BQIA Col
5
4KQM5 C
4
NCJW6 Cq
1
4FZG9 Co 2
Grand Coi 33
18.510.050 Additional Development Standards
A. Commercial lodging in the _I -P zone. The following development standards shall apply for a commercial
lodging facility located in the I -P zone:
I . Site size shall be a minimum of two acres and a maximum of five acres.
2. The site shall have access to be approved by the City Engineer to an arterial or major collector street
with capacity sufficient to ensure that adequate access to local businesses is maintained.
3, ancillary uses, also permitted in the I -P zone as contained in Chapter 18.530 shall be allowed as
integral elements of the commercial lodging development, provided they comprise no more than 20%
of total floor area.
4. Signage shall conform to Chapter 18.780.
B. Reduction of lot coverage requirements- Lot coverage may be increased from 75% to 80% as part of the
site development review process, providing the following requirements are satisfied:
1. The minimum landscaping requirement shall be 20% of the site.
2. The applicant shall meet the following performance standards with regard to the landscaping plan
approved as part of the site development review process:
a. Street trees, as required by Section 18.745.040 Cl are to be installed with a minimum caliper of
three inches rather than the two inches as measured at four feet in height;
b. The landscaping between a parking lot and street property line shall have a minimum width of 10
feet;
c. All applicable buffering, screening and setback requirements contained in Section 18.745.4150 shall
be satisfied.
d. The applicant shall provide documentation of an adequate on -going maintenance program to ensure-
appropriate irrigation and maintenance of the landscape area.
Industrial Zoning Districts 18.530 -6 11/26/98
Go Deacts
Grand Count 79
rT 13, Eg
NCJW6 Cour 3
TIGARD MUNICIPAL CODE
Chapter 18.68. I -P: INDUSTRIAL PARK
DISTRICT.
18.68.010 Purpose.
18.68.020
Procedures and Approval
Process.
18.68.030
Permitted Uses.
18.68.040
Conditional Uses (See Chapter
18.130).
18.68.050
Dimensional Requirements.
18.68.060
Additional Requirements.
18.68.010 Purpose.
A. The purpose of the I -P zoning district is to
provide areas:
1. For combining light manufacturing,
office and complementary related commercial
uses, e.g., restaurant, barber shop, beauty salons,
and fitness centers;
2. For combining uses which have no off -
site impacts in terms of noise, odor, glare, lights,
vibration, smoke, dust, or other types of off -site
impacts;
3. For combining parking, landscaping and
other design features which physically and
visually link structures and uses within one
development;
4. Which prohibit residential use;
5. Which utilize a basic street and utility
pattern which will permit flexibility in the size of
industrial sites;
6. Which provide for a circulation system
that provides direct access to arterials or collectors
that will not channel traffic through residential
areas;
7. Which utilize an internal circulation
system which connects to adjoining sites;
_.. -. _.
8. Which provide a complete set of pre-
- imposed restrictions � -' e , _ .
posed ( g., deed _ `restnctions,
restriction covenants, etc.), that are enforceable
upon all occupants of the industrial park
including provisions for site improvement,
building design, landscaping, sign control, off-
street parking, and site maintenance;
9. Which provide evidence of continuing
management responsibility to enforce restrictions
established upon the original development plan;
and
10. Which recognize the differing
transportation requirements of employees and
service vehicles with adequate provision for
public transit access. (Ord. 89-06; Ord. 83 -52)
18.68.020 Procedures and Approval
Process.
A. A permitted use, Section 18.68.030, is a use
which is allowed outright, but is subject to all
applicable provisions of this title. If a use is not
listed as a permitted use, it may be held to be a
similar unlisted use under the provisions of
Chapter 18.43, Unlisted Use.
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
18.130, Conditional Use. 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 Use. (Ord. 90-41; Ord. 89 -06; Ord.
83 -52)
18.68.030 Permitted Uses.
A. Permitted uses in the I -P district are as
follows:
1. Civic use types:
a. Public support facilities;
b. Parking facilities;
C. Postal services; and
18 -68 -1
Reformatted 1994
TIGARD MUNICIPAL CODE
d_ Public safety services;
2. Commercial use types:
a. Animal sales and services:
(i) Veterinary, small and large
animals,
b. Automobile and equipment:
(I) Repairs, light; and
(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;
j. Medical and dental services;
k. Participation sports and recreation:
(i) Indoor; and
(ii) Outdoor;
I. Professional and administrative
offices;
m. Research services;
_ _n._ __Vehicle fuel sales; and
o. The following uses, separately or in
combination, shall not exceed a total of 20 percent
of the entire square footage within the
development complex:
(I) Convenience sales and
personal services;
(ii) Children's day care;
(iii) Eating and drinking
establishments;
(iv) Personal services facilities; and
(v) Retail sales, general;
3. Industrial use types:
a. Manufacturing of finished
products;
b. Packaging and processing;
C. Wholesale, storage, and
distributim
(i) Miniwarehouse, and
(ii) Light; 15- r ;
4. Farming,
5. A single -family detached unit or a single
manufactured /mobile home provided that the use
is limited to the following:
a. A dwelling for a caretaker or
superintendent which is located on the same site
with the permitted industrial use and is occupied
exclusively by a caretaker or superintendent of the
industrial use and family; or
b. A dwelling for a kennel owner or
operator which is located on the same site with
the kennel and is occupied exclusively by the
_ owner or operator. of the kennel and- €arnily;
18 -68 -2
Reformatted 1994
TIGARD MUNICIPAL CODE
6. Family day care;
7. Temporary use;
facing a street; however, the provisions of Chapter
18.102 must be satisfied;
8. Fuel tank; or
9. Accessory structures. (Ord. 90 -41; Ord.
89-06; Ord. 86 -08; Ord. 85 -22; Ord. 85 -14; Ord. 84-
73; Ord. 84-69; Ord. 83 -52)
18.68.040 Conditional Uses (See Chapter
18.130).
A. Conditional uses in the I -P district are as
follows:
1. Automotive and equipment body
repairs, light equipment;
2. Heliports, in accordance with the
Aeronautics Division (ODOT) and the FAA;
3. Utilities; and
4. Transient lodging. (Ord. 89-06; Ord. 88-
16; Ord. 85-39; Ord. 85 -22; Ord. 83 -52; Ord. 88-16)
18.68.050 Dimensional Requirements.
A. Dimensional requirements in the I -P district
are as follows:
1. There are no minimum lot area
requirements;
2. The average minimum lot width shall be
50 feet;
3. Except as otherwise provided in
Chapter 18.96 and Section 18.100.130, the
minimum setback requirements are as follows:
a. The front yard setback shall be a
minimum of 35 feet;
b. On corner lots and through lots the
setback shall, be_ a .unniumum of 20 feet. can any _lot_
c. No side yard setback shall be
required except 50 feet shall be required where
the I -P zone abuts a residential zoning district;
d. No rear yard setback shall be
required except 50 feet shall be required where
the I -P zone abuts a residential zoning district.
Development in industrial zones abutting the
Rolling Hills neighborhood shall comply with
Policy 11.5.1; and
e. All building separations must meet
all Uniform Building Code requirements;
4. Except as otherwise provided in
Chapter 18.98, no building in the I -P zoning
district shall exceed 45 feet in height,
5. The maximum site coverage shall be 75
percent including buildings and impervious
surfaces. The maximum site coverage may be
increased to 80 percent if the provisions of Section
18.68.050.A.6 are satisfied; and
6. The minimum landscaping requirement
shall be 25 percent of the site area, except that a
reduction to 20 percent of the site may be
approved through the development review
process when all of the following performance
standards are met:
a. The approved landscape plan shall
provide:
(i) Street trees, as required by
Section 18.100.035 are to be installed with a
minimum caliper of three inches rather than the
two inches at four feet in height required by
Section 18.100.035.A;
(ii) The landscaping between a
parking lot and street property line shall have a
minimum width of 10 feet.
18 -68-3 Reformatted 1994
(iii) All applicable buffering,
screening, and setback requirements shall be
satisfied.
b. The applicant shall provide
documentation of an adequate on -going
maintenance program to ensure appropriate
irrigation and maintenance of the landscape area.
(Ord. 89 -06; Ord. 88 -16; Ord. 85 -32; Ord. 84 -73;
Ord. 84-61; Ord. 84 -29; Ord. 83 -52)
18.68.060 Additional Requirements.
A. Additional requirements in the 1 -P district
are as follows.
I. Overlay Districts, Chapters 18.80
Planned Development, 18.82 Historic Overlay
District, and 18.84 Sensitive Lands;
2. Supplemental Provisions, Chapters
18.90 Environmental Performance Standards,
18.92 Density Computations, 18.94
Manufactured /Mobile Home Regulations, 18.96
Additional Yard Setback Requirements and
Exceptions, 18.98 Building Height Limitations:
Exceptions, 18.100 Landscaping and Screening,
18.102 Visual Clearance Areas, 18.104 Fuel Tank
Installations, 18.106 Off- Street Parking and
Loading Requirements, 18.108 Access, Egress, and
Circulation, and 18.114 Signs;
3. Site Development Review, Chapter
18.120;
4. Development and Administration,
Chapters 18.130 Conditional Use, 18.132
Nonconforming Situations, 18.134 Variance,
18.140 Temporary Uses, 18.142 Home
Occupations, 18.144 Accessory Structures, 18.146
Flexible Setback Standards, and 18.150 Tree
Removal, and
5. Land Division and Development
Standards, Chapters 18.160 Land Division:
Subdivision, 18.162 Land Division: Land
Partitioning - Lot Line Adjustment, and 18.164
Street and Utility Improvement Standards. (Ord.
90-41; Ord. 89-06; Ord. 83 -52)0
18 -68 -4 Reformatted 1994
TIGARD MUNICIPAL CODE
Chapter 18.70.
I -L: LIGHT INDUSTRIAL.
18.70.010
Purpose.
18.70.020
Procedures and Approval
(iv)
Process.
18.70.030
Permitted Uses.
18.70.040
Conditional Uses (See Chapter
18.130).
18.70.050
Dimensional Requirements.
18.70.060
Additional Requirements.
18.70.010 Purpose.
A. The purpose of the I -L zoning is to:
i. Provide appropriate locations for
general industrial use including light
manufacturing and related activities with few, if
any, nuisance characteristics such as noise, glare,
and smoke;
2. To permit manufacturing, processing,
assembling, packaging or treatment of products
from previously prepared materials; and
3. To prohibit residential use and limit
commercial use. (Ord. 89-06; Ord. 83 -52)
18.70.020 Procedures and Approval
Process.
A. A permitted use, Section 18.70.030, is a use
which is allowed outright, but is subject to all
applicable provisions of this title. If a use is not
listed as a permitted use, it may be held to be a
similar unlisted use under the provisions of
Chapter 18.43, Unlisted Use.
B. A conditional use, Section 18.70.040, 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
18.130, Conditional Use. 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 Use. (Ord. 90-41; Ord. 89-06; Ord.
83 -52)
18.70.030 Permitted Uses.
A. Permitted uses in the I -L district are as
follows:
1. Civic use types:
a. Public support facilities;
b. Parking facilities;
c. Postal services; and
d. Public safety services;
2. Commercial use types:
a. Agricultural sales;
b. Agricultural services;
c. Animal sales and service:
(i) Auctioning;
(ii) Kennels; and
(iii) Veterinary, small and large
animals;
d. Automobile and equipment:
(i)
Cleaning;
(ii)
Fleet storage;
(iii)
Repairs, heavy and light;
(iv)
Sales and rental, heavy
equipment, farm equipment, light equipment; and
(v)
Body repairs, light equipment;
e. Building maintenance services;
f. Construction sales and services;
g. ,Laundry services;
18 -70 -1
Reformatted 1994
TIGARD MUNICIPAL CODE
h. Research services; and
18.70.040 Conditional Uses (See Chapter
18.130).
i. Vehicle fuel sales;
3. Industrial use types:
a. Manufacturing of finished
products;
b. Packaging and processing; and
C. Wholesale, storage and
distribution:
(i) Miniwarehouse; and
(ii) Light;
4. Farming; and
5. A single-family detached unit or a single
manufactured /mobile home provided that the use
is limited to the following:
a. A dwelling for a caretaker or
superintendent which is located on the same site
with the permitted industrial use and is occupied
exclusively by a caretaker or superintendent of the
industrial use and family; or
b. A dwelling for a kennel owner or
operator which is located on the same site with
the kennel and is occupied exclusively by the
owner or operator of the kennel and family;
6. Family day care;
7. Temporary use;
8. Fuel tank; or
9. Accessory structures. (Ord. 90-41; Ord.
89-06; Ord. 86 -08; Ord. 85-39; Ord. 85-14; Ord. 84-
73; Ord. 84 -69; Ord. 83 -52)
A. Conditional uses in the I -L district are as
follows:
1. Heliports, in accordance with the
Aeronautics Division (ODOT) and the FAA;
2• Utilities; and
3. Vehicle fuel sales with convenience
sales. (Ord. 89-06; Ord. 83 -52)
18.70.050 Dimensional Requirements.
A. Dimensional requirements in the I -L district
are as follows:
1. There are no minimum lot area
requirements;
2. The average minimum lot width shall be
50 feet;
3. Except as otherwise provided in
Chapter 18.96, Additional Yard Setback
Requirements and Exceptions, and Section
18.100.130, Buffer Matrix, the minimum setback
requirements are as follows:
a. The front yard setback shall be 30
feet;
b. On comer lots and through lots the
setback shall be 20 feet on any side facing a street;
however, the provisions of Chapter 18.102 must
be satisfied;
C. No side yard setback shall be
required except 50 feet shall be required where
the I -L zone abuts a residential zoning district;
d. No rear yard setback shall be
required except 50 feet shall be required where
the I -L zone abuts a residential zoning district,
and
18 -70 -2
Reformatted 1994
1 r
TIGARD MUNICIPAL CODE
e. All building separations must meet
all Uniform Building Code requirements;
4. Except as otherwise provided in
Chapter 18.98, no building in the I -L zoning
district shall exceed 45 feet in height.
5. Land Division and Development
Standards, Chapters 18.160 Land Division:
Subdivision, 18.162 Land Division: Land
Partitioning - Lot Line Adjustment, and 18.164
Street and Utility Improvement Standards. (Ord.
90 -41; Ord. 89-06; Ord. 83 -52)®
5. The maximum site coverage shall be 85
percent including buildings and impervious
surfaces; and
6. The minimum landscaping requirement
shall be 15 percent. (Ord. 89-06; Ord. 85-32; Ord.
84 -61; Ord. 84 -29; Ord. 83 -52)
18.70.060 Additional Requirements.
A. Additional requirements in the I -L district
are as follows:
1. Overlay Districts, Chapters 18.80
Planned Development, 18.82 Historic Overlay
District, and 18.84 Sensitive Lands;
2. Supplemental Provisions, Chapters
18.90 Environmental Performance Standards,
18.92 Density Computations, 18.94
Manufactured /Mobile Home Regulations, 18.%
Additional Yard Setback Requirements and
Exceptions, 18.98 Building Height Limitations:
Exceptions, 18.100 Landscaping and Screening,
18.102 Visual Clearance Areas, 18.104 Fuel Tank
Installations, 18.106 Off - Street Parking and
Loading Requirements, 18.108 Access, Egress, and
Circulation, and 18.114 Signs;
3. Site Development Review, Chapter
18.120;
4. Development and Administration,
Chapters 18.130 Conditional Use, 18.132
Nonconforming Situations, 18.134 Variance,
18.140 Temporary Uses, 18.142 Home
Occupations, 18.144 Accessory Structures, 18.146
Flexible Setback Standards, and 18.150 Tree
Removal; and
18 -70 -3 Reformatted 1994
-NOW4
&A"NOM—N-M AWAI
Janual) 2$ 2011
To Whom It May Concern
1, Gaty Kuntz,., attest to the fact that Chipman Moving & Storage operated 'a business out of the
property located at 10685 SW Greenbuty, Road from 1985 to-20( )I
Chipman Moving and Storage used the alxwe-referenced facility- for the- following ffinctions
during that 6111e.
1. Warehouse Activities:
Warehouse of storage units and packaging materials. & of which were sold
to the public.
2. Outside Storage.-
Overflow of crated storage units, storage containers, autos. lx-)ats and IVs.
Portable containerss, excess pallet rack
storage and excess packins. materials. Parking of
trucks, trailers and other items used for pickup and delivery of customer items.
Retail Activities:
Sale of crating and packaging material to the public:-.
Gary Kuntz
Vice President
10685 SW Greenburg Road
Tigard, Oregon 97233
AFFIDAVIT
1, Bob Lanphere Jr., attest to the fact that Lanphere Enterprises operated a business out of the property
located at 10685 SW Greenberg Road. From 2001 to 2011, the business was operated under the business
and license of the adjacent properly located at 10380 SW Cascade, the primary site for the motorcycle
dealership.
Lanphere Enterprises has been using the above referenced facility for the following functions since 2001:
1. Warehouse Activities:
Storage of motorcycles, ATV's, UTV's, travel trailers, motor homes, boats and PWC's
for sale to retail public and dealers. Received and shipped merchandise, units, parts, and
accessories. Performed setup and repair on units for sale. Stored office furniture, displays for
trade shoes, vintage motorcycles for restoration, and excess store fixtures.
2. Outside Storage:
Overflow of crated motorcycles, ATV's, UTV's and PWC, travel trailers, motor homes
and boats for sale. Portable containers and excess pallet rack storage and excess building
materials. Parking of trucks, trailers and other items used for pickup and delivery of sold and
unsold products.
3. Wholesale Activities:
Assembly and distribution of new, used, and vintage units. Shipping of units sold to
other dealers. Handling and distribution of wholesale parts, units and other miscellaneous
products through the internet, Ebay and Craigslist.
4. Retail Activities:
Sale of motor homes, travel trailers, boats and vintage parts and units. Display and sell
units that were overstock from main store. Used area as a satellite sales facility for customer
convenience.
r�
Bob Lanphere Jr.
Date
Witnessed by:
j # 1 4 4 1
1
Date
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2009
1
2007
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2005
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