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ZOA91-0001 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. DISTRICT CODE REVISION • • h f ..„a,. ,,_...e �c—,m-f„xnsskv�n'.art.<. wm..,a�-w.+.1n2 t ..n e. -ai'.>~. #^z+FUtRtxe'.>5w S71t f+•'+ "k.'iSYS. ' � •- :..u', av '.,s.+ra a+u..:�-x y i.•.� ,."s. xn ar� •amca�1'lsararc •, �ax"'sa' } • a • • • • • • y �c Lt ` y, �0O 4: • lte .:1- . . 0 , t '-.1'.',..e, .--, 'i` _ i c- deliberation of the proposed ordinance was scheduled for ,�7 November 19, 1991. '• ;' d. Public Hearing was closed. Council action on this item '' ;° was set for November 19, 1991. ' , 8 _ZONING G O�.'?. INAICL AMENDMENT ZOA 91 OQA] A proposal to amend a , and repeal various 'provisiani of- the Community Development " Code pertaining to the Central Business District (CBD) d :i including: Repealing Section 18,86 (Action Areas) and amending Sections 18.42.0209C.6,h (Automotive and Equipment. Sales/Rentals Light Equipment) ; 18.66.030 (Permitted Uses; 18.66.040A. (Conditional Uses) , 18.66.060 A.1. (Additional Requirements) ; 18.66.070 (Interim Requirements) ; and 18.130.150 C.23.a & 29.a. (Applicable Zone) ' a,. Public hearing was continued from the September 10, 1991 meeting. '1 ii? b. There were no declarations or challenges. c. Senior Planner Bewersdorff reviewed the Staff Report submitted to the Council in their meeting packet. d. Public Testimony: d; • Reino Tarkiainen, 20395 S.W. Lebeau Road in Sherwood testified that he owns property next to „ ': the Tigard Water District. Mr. Tarkiainen noted -,; ,4„ problems in selling this property because it appeared to be improperly zoned. Hr. Bewersdorff 4' { -.41.' advised Council that the staff's proposal does not address zoning at this property address. Council advised Mr Tarkiainen that this request should be • ` brought forward for consideration when the Council 3` reviews the land use designations a • - 4 for the entire k' Central Business District (CDD) . ' Gary Gilbert, 1205 S.W. 18th, Portland, Oregon advised he was considering the purchase of the property at 8900 S.W. Commercial. Presently, the building is unusable for his purpose (micro ,1/4, brewery) because of the zoning. Senior Planner 4 'y Bewersdorff affirmed that the staff's proposal 5 : would address and remedy Mr. Gilbert's concerns. ;.t. M e. Council Questions or Comments: There was discussion on ” the Central Business District in general. City Administrator noted the need for a review of the CBD with „` regard to permitted uses and land use pattern. f. Public hearing was closed. ' CITY COUNCIL MEETING MINUTES - OCTOBER 8, 1991 PAGE 7 /. Y %r ' g- ORDINANCE NO 91-30; AN ORDINANCE TO AMEND AND REPEAL . E VARIOUS PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE PERTAINING TO THE CENTRAL BUSINESS DISTRICT (CBD) INCLUDING: REPEALING SECTION 18.86 (ACTION AREAS) AND , 9< , AMENDING SECTIONS 18.42 020 C.6.h. (AUTOMOTIVE AND EQUIPMENT: SALES/RENTALS LIGHT EQUIPMENT); 18.66.030 .. (PERMITTED USES); 18.66.040 A. (CONDITIONAL USES); 18,.66.060 A.1. (ADDITIONAL REQUIREMENTS) ; 18.66.070 (INTERIM REQUIREMENTS) ; AND 18.130.150 C.23.a & 29.a. Y.; (APPLICABLE ZONE) (ZOA 2-91) h Motion by Councilor Schwartz, seconded by Councilor , Kasten, to adopt Ordinance No. 91-30. s •4- The motion was approved by a unanimous vote of Council present. 9. NON-AGENDA ITEMS: None ., .w • l;:.1 10. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 10:05 p.m. under the provisions of ORS 192.660 (1) (d) , (e) , & (h) to discuss labor relations, real -, property transactions, current and pending litigation issues. W Call for Special Executive Session: Council, by consensus, ' called for a special Executive Session on Monday, October 14, 'f, 1991, at 7 a.m. , in the City Hall Town Hall Conference Room, 13125 S.W. Hall Boulevard, Tigard, Oregon to discuss a - r. potential real property transaction.. 11. ADJOURNMENT: 10:19 p.m. (a)bt)--e/L-CilLe (k)A.yert5(32e,M._ ' -s ' Catherine Wheatley, City Reco er .l LL I �� ayor, ity of Tigard . - i Date co ccmlO08.91 CITY COUNCIL MEETING. MINUTES - OCTOBER 8, 1991 PAGE 8 4 y . . y. - - 40 , .,. do wt COUNCIL AGENDA ITEM '' October 81 1991 CITY OF TIGARD, OREGON Continudd from COUNCIL AGENDA ITEM SUMMARY ' AGENDA OF:, September 10. 1991 DATE SUBMITTED: Auciust 27. 1991 a ISSUE/AGENDA TITLE: CBD .Amendments PREVIOUS ACTION: Planning Commission }: recommendation from August 19. 1991• Public Hearing :',!•' ' • -PARED BY: Dick Bewersdorff /I J. DEPT HEAD OK 04) CITY ADMIN OE; 'i';%` QUESTED BY: Ed M rphy ISSUE BEFORE THE COUNCIL Should the City make various change' to the CBD zone regulations including adding R boat sales as a conditional use and repeal the Action Area Overlay provisions to help promote development activity? STAFF RECOMMENDATION It is recommended that the Development Code be amended as follows: repeal the Action Area Overlay; amend the CBD section of the code to include the = existing interim requirements of the Action Area Overlay; amend the use , b ° classification for Automotive Equipment: Sales/Rentals, Light Equipment ' i to include boat dealers; add Children's Day Caare,. Residential Care facilities 2 ' • and outdoor storage if screened on all sides as outright uses in the CBD; add drive up windows as a conditional use in the CBD; and allow the non conforming use of existing industrial structures in the CBD. INFORMATION SUMMARY -• Representatives of Stevens Marine contacted the City regarding how to proceed . '' with expansion of their boats sales and repair facility. The facility is a - j non-conforming use and would not be allowed to expand according to existing code provisions. The request initiated staff consideration of a number of issues relative to the CBD. As a result, staff proposed a number of amendments related to improving the flexibility of development in the CBD and to promote • increased development activity. NPO's 1 & 2 reviewed the proposals and indi- cated support. The Planning Commission reviewed the proposals at a public hearing on August 19, 1991. The Commission recommended that the Council ' ' adopt the amendments with one modification of the original staff recommendation. That modification entailed keeping Automotive Equipment: Sales/Rentals, Light • Equipment (including the addition of boat dealers) as a conditional use rather than making it an outright use The modification provides more control than would the listing of the classification as an outright use. The proposed changes are not seen as an. end-all solution to development of the CBD. They proposed as a means assist in generating development activity and flexibility. Attachment include: 1) an ordinance adopting the proposed changes as Exhibit ;; „ "A and 2) the staff memorandum reviewed by the Planning Commission. - PROPOSED ALTERNATIVES a. 1. Approve the changes as recommended by the Planning Commission by adopting C the attached ordinance. 2. Modify the proposed changes. 3. Reject the proposed changes. 49 DJ FISCAL NOTES • Not applicable -a. '_ .'_ .. . .- ,-. : . 6 0 '' :. MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: Ed Murphy ga DATE: September 30, 1991 t a SUBJECT: CBD Nonconforming Industrial Structures -a- Screening EXISTING INDUSTRIAL STRUCTURES ' t The Central Business District (CBD) does not allow industrial uses. The present zone has a number of buildings designed and constructed "'• for industrial uses. These buildings would be difficult to convert to CBD uses. The properties in question involve Precision Graphics, GTE, Stash Tea, Famillian NW, Pacific Red Lion and Magno Humphries, Inc. While not all of these properties are entirely 1 . .: utilized for industrial uses today, future uses would be difficult to find the structures usable for CBD type uses. Provision 18.66.070 is an attempt to recognize that the investment in the existing buildings and the cost of conversion is substantial. It allows existing nonconforming industrial ,:. rJ structures in the CBD to continue to be utilized for industrial ` , purposes beyond the standard six months limit for nonconforming uses. It would add flexibility to the code to help avoid long . ' vacancies of buildings such as the Pacific Red Lion warehouse and r S , a limited number of other industrial structures if they were to be ,.,s vacated. It is suggested that 18.66.070 be changed to list specific s: - industrial properties to be included so that where there are +' , industrial uses of non-industrial buildings, compliance would be required. It is also suggested that the uses be limited to Ia-P 0. industrial uses (manufacturing of finished products; packing and ,. M processing; wholesale, storage and distribution) to preclude heavy ,3. eon industrial uses that may not be compatible. New wording for 18.66 070 is proposed as follows: ;, (49 B. Existing nonconforming industrial structures at the as following locations may continue to be utilized for I,—P Industrial uses after the nonconforming use limit of six months: Map 2S 1 2AA tax lot 4700, Map 2S 1 2AC tax lot '' 100 and 202, Map 25 1 2AD tax lot 1203, Map 2S 1 2DB tax ` lot 100, and Map 2S 1 2DA tax lot 300. C r1;% '" e : 1: { /.• • • . . OUTDOOR STORAGE SCREENING Section 18.66.030.7 proposes to make outdoor storage an allowed use if screened on all aides. New screening standards were adopted '0 March 26, 1991. These standards are proposed to be used to determine compliance for screening for outdoor storage. They appear to be adequate and eliminate the need for a second set of standards for the CBD. A copy of the current screening provisions is attached.: • �.. .- * ...j. .'l . r 7 c rp4 .. .. 4 ...1 t . .. •• ... t ...a�. }. , ,.., . • � 1 - � y., ..'._ ' 1' iG";t as 4 x 'i_::„. -"N•01-411, -4,14v -Tir.,.. - s • L S 4 The 1 icT of I TIGARD ..... . . : . .,,.., . ...... _, .,..„.. : lk ‘.../ 1. 2S102AA - 047 441k# 00 41/141,4 v• • , /:4 . S' . 1 10 1 rx 4*$ \c<\ ,� T Pacific Red Lion\ 0\2\ 4 IV® .� 1 0 ( . • 2S1Q2ACQQiQQ P Stash 1. .„.... �/�' 1 2S 1 02AC -00202 2S102AD - 01203 Magno — Humphries . .:. . ...,, .., \ \ 0, 2 S 1 1.4 ,k 0.k\. I\ k \,:\\S‘ N N <14104140 . _, ��` 2S 1 QZOA — oo3o0 1;"1. 011111' ` Precision i ::1 Graph i cs �� r 2. S�, 2S 1 02DB - 001 00 1111 \\,,,,,, � G . T . E ,t .. �� ! N 80.304 I i ! , ! 1 Digital data & map repreaen- s tation compiled by the Cly t�) � i T— 1 of Tigard uti ! :zing Geog►a- !`�\`` �� ; ` `�� _�L phfc Information System \ `�� -Y' r GiS) software , Infor— _ ' t ijt motion portrayed here x, ► �� r i ,,f,' ::„.. :„x may be intended to be 4 , 4, used with additional �� i/ \�` ® R T technical and/or interpretative data `w ti. `1 \` 'i —■• \ as determined by N. ..,; he City of Tigard. t ible. Ati* w* A* 0 400 10/01/41 . f "'� .._---..r--e„- .-.__. it f M r 4,1 0 0 , i EXHIBIT "A" - CHAPTER 18.86 is hereby deleted u; ,t. : ', 118.42.020 C. 6. ;;a F h. Automotive and Equipments Sales/Rentals, Light Equipment: a Sale, retail or wholesale and/or rental from the premises *'+ of autos, noncommercial trucks, motorcycles, nzotorhomes, boats, and trailers with less than 10,000 pounds gross cargo weight together with incidental maintenance. Typical uses include automobile dealers, care rental .4. agencies, boat dealers, or recreational vehicle sales and rental agencies; . 18.66.030 3. Residential Use Types (See R2 40'and R-12 for . development standards) : f Children's day care; (f. ] h. Family day care; j - i. Pp13 dential care facility_: 18.66.030 7. Outdoor storage if screened on all sides" - ., 18.66.040 Conditional Uses (See Chapter 18.130) 3. [Children's day care; ] Drive-up windows. .(See standards contained in Chapter 18.130)' , 8. [Residential care facility; ] [9. ] 8. Vehicle fuel sales; and [10.]8. Wholesale, storage, and distribution. (Ord.90-41; It- Ord 89-06; Ord 93-52) ; 18.66.060 Additional Requirements - t al JA. 1. Overlay Districts, Chapters 18.80 Planned j: Development, 18.82 Historic Overlay District, 18.84 Sensitive Lands [and Action Areas]; r 18.66.070 Interim Requirements A. Ira the absence of an adopted ciesic plan, the following issues , under Subsection 18.86.040.A.1.c must be ,A 1 addressed for: new developnex is as _necessary to serve the .use and provide (2, pro ct :d uubl.i.c facility needs of the area gur€cant to Chapter 18.164 as determined bar the ,;.- Director. : 1. The City mai_ attach conditions to ang� development 1 -,z.-: :=. within an action area prior to adoption of the " design plan to achieve the following objectives e , a. The development shall address transit usage by residents, em.lo cues and customers, if the site is within 1 4 mile of a •ublic transit _ line or transit stop. Specific items to be addressed are as follows: (i.) Orientation of buildings and facilities a. towards transit services to •rovide for direct .-destrian access into the , building(s) from transit lines or stopsr � f (ill Minimizing transit/auto conflicts bv_ providing direct,•_pedestrian access into the buildings with limited crossincxs in. automobile circulation/ parkin areas. If_pedestrian access crosses automobile cilrculation arkinq areas, ;paths shall be marked for pedestrians t (iii) couragarlq transit-support ve users limiting automobile support services to . collector and arterial streets; and Ra ^, iv �voidincr _the creation of small scattered parkins areas baz allowing adjacent developments to use shared surface ". parking° parking structures or under- :� structure parkinq� b. The development shall facilitate a. .edestrian bic cle circulation if the site is ,; located on a street with designated bikepaths or adiacent. to a desicgnated a reenwags/open , ,-A s ark iLaceefp . Specific items to be .addressed - • J are as follows: cal _ .( Provision of efficient convenient and ' CD continuous :•edestrian and bicycle transit. w circulation systems linkin g level® ants by requiring dedication and construction S,; of_p destrian and bikepaths .identified in the comprehensive 'Ian. If direct connections cannot be made L, require that funds in the amount of the construction -. cost be de•osi:ted into an account for the u, L. �! * :... e - purpose of constructing baths: (ii) Separation of auto and truck culation i < `y' activities from pedestrian areas: (iii) Encoura i.na pedestrian-oriented design by requiring ,pedestrian ;,. ' walkways and street level windows aloes all sides withiublic access into the building: 4 (iv) Provision of bicycle .f rking as required under Subsection 18.106.020.P- and , (v) Ensure adequate outdoor lighting by liuhting pedestrian walkways and auto circulation areas ,-; . c. Coordination.of dewelo•ment within the action area. Specific items to be addressed are as follows: (i) Continuity and�'or compatibility of landscaping, circulation` - access, public facilities and other improvements. Allow regu fired landscaping areas to be h grouped together. Regulate shared access where appropriate. Prohibit lighting which shines on ad-i acent property, °,J (ii),• it Sing and orientation of land use which X'. , considers surroundin. land use or an . : , adopted plan. Screen loading areas and ._`` refuse dumpsters from view. Screen � '? ,' commercial and „ industrial use from sin_ -family residential through ' landscaping; and (iii) Provision of frontage roads or ► shared access where feasible. (Ord. �: 89-061 Ord. 87-56) B. Existing nonconforming industrial structures in the CBD ` may continue to be utilised for industrial purposes `, beyond the nonconforming use limits of six months. -j 18.130.150 C. 23. Children's day cares a. Applicable Zone: single family and multi-family 4: 0 } residential, (CB®J, .i z ° f 3 i r 29. Drive-Up Windows a. Applicable Zones: [ay commercial or industrial zone with an action area overlay] CBD; 18.66.060 Additional Requirements A. Additional requirements in the CBD district are as follows: 1. Overlay Districts, Chapters 18.80 Planned Development, _18.82 Historic Overlay District, 18.84 Sensitive Lands [and Action Areas]; • • 7�< SL (.4) a; idJ , x yY 1. ft 1 • 4 1 l. ' MEMORANDUM CITY OF TIGARD, OREGON ` TO: Planning Commission FROM: Planning Division j DATE: July 17, 199i '' SUBJECT: Proposed Amendments to Development Code relating to the Central Business District (CBD) OVERVIEW 0 Summary: Representatives of Stevens Marine contacted the City regarding how to proceed with expansion of their boat sales and repair facility. The facility is a non-conforming use and would not be allowed to expand according to existing code provisions. -,. Outdoor storage is also prohibited by the Action Area Overlay provisions. The request caused staff to give consideration to a 4� number of issues relative to the CBD. As a result, staff is ` proposing a number of amendments related to the improving the flexibility of development in the CBD and to promote increased development activity. ..; Policy Implications: Should the City allow boat sales and automotive sales as outright uses in the CBD and make other changes to promote development activity. Financial Impact: There would be negligible impact on the budget. ". More flexible development code provisions in the CBD could foster Y t increased investment and higher assessed valuation. '- Recommendation: It is recommended that the Development Code be amended as follows: repeal the Action Area Overlay; amend the CBD section of the code to include the existing interim requirements of I the Action Area Overlay; amend the use classification for w Automotive Equipment: Sales/Rentals, Light Equipment to include boats; add Automotive Equipment: Sales/Rentals, Light Equipment, s nj Children's Day Care, Residential Care facilities and outdoor in storage if screened on all sides as outright uses in the CBD; add w drive up windows as a conditional use in the CBD; and allow the t . non-conforming use of existing structures in the CBD. • '' ANALYSIS a Background `` 4 "4 Representatives of Stevens Marine met with city staff to request 1,. y_ 1 I A.' information on how to proceed with expansion of the boat sales facility on SW Burnham Street. The Stevens Marine sales and repair facility is a nonconforming use in the CBD district. Outdoor • storage of-materials, products or supplies is prohibited by Action • Area overlay provisions. w:t - The request caused staff to give consideration to a number of issues relative to the CBD. These included the heavy commercial , and industrial nature of many existing uses along Burnham and Commercial Street; the effectiveness and need for the Action Area designation; the need for continued business activity in the CBD; • the difficulty in finding tenants for structures in the CBD that were designed for industrial purposes; and the general nature of uses now allowed in the CBD. "�, As a result of staff review, it was determined that staff was ''• ' r} better equipped to pull together all the requirements of the potential code changes necessary to respond to the needs of Stevens Marine and the long standing issues of the CBD. _Summary of Proposed Chan es ,,, Action Area Overlay. The Action Area overlay provisions were t developed in 1987 for the purpose of protecting the CBD from activities that were considered inappropriate to pedestrian Yq orientation of the CBD and the concept of protecting Main Street. x= The provisions were also developed as a precursor to approval of. an ■ '' urban renewal district. Because of ;s broad range of uses allowed and accommodated in the. CBD as .well as the inability to proceed s? with redevelopment efforts and lower property values, the Y .y , provisions have largely been ineffective. They have also inhibited LLB., the growth of some of the existing uses in the .CBD. i r While the prohibition of outdoor storage creates ordinance ;:. • violation conditions at some existing businesses, the interim requirements of the Action Area relative to transit, pedestrian paths and circulation still have a certain degree of applicability. This is especially true in regard to the design and parkway , -,1 acquisition needs. The interim requirements are therefore suggested to be added specifically to the CBD provisions. Use Classification Definition. Presently, marine boat dealers are 0 listed under the use classification: Automotive and Equipment .. Sales/Rentals, Heavy Equipment. This classification is not allowed - either as an outright or conditional use in the CBD. • w Automotive and Equipment Sales/Rentals, Light Equipment is now ` a listed as a conditional use in the CBD. This classification. includes auto dealers, car rentals, recreation vehicle sales, motor 'y home sales etc. Boat dealers such as Stevens Marine appear to have similar characteristics to the above uses. The classification Auto repairs, light equipment is allowed outright. In many cities, ' � ' ' automotive . dealers were once a prominent CBD use prior to the •1 " - ' desire to keep large inventories on site. The proposed change will a 2 T= r-'i, ws • +. , make these type of dealerships an outright use in the CBD to help , encourage activity in the CBD. While the proposal is to make these } uses outright in the CBD, the conditional use process is a reasonable alternative. The need for and the consistency of this - use classification in the CBD should be carefully considered. Additions to Outright Uses. It appears that children's day care and residential day care facilities would also have the effect of increasing activity in the CBD with little reason for additional review requirements. v: Outdoor storage is appropriate because of the variety of existing and allowed uses now in the CBD. Requiring screening on all-sidess should alleviate most aesthetic issues while allowing businesses to expand and foster activity in the CBD. Drive-up windows. Drive-up windows are now a conditional use in. the Action Area. To continue to allow them in the CBD under the CBD provisions will allow drive-up windows while providing adequate y protection against adverse impacts. Nonconformin• Use of Existin6 Industrial Structures. The continued e � use of existing buildings that once housed industrial uses such as Pacific Red Lion has been a concern. Only businesses of an industrial or heavy commercial nature are apt . to utilize these • buildings. As a result, when the buildings are vacated there is a 'j' tendency for them to remain vacant for long periods of time. It is r difficult to find uses which conform to the use requirements of the "- CBD within the six months required by nonconforming regulations. . Redevelopment costs create another practical problem. The proposed code changes will limit the extension of the time period for the nonconforming use of structures to industrial buildings only. Applicable Planning Oaals Statewide planning goals, federal and state statutes and Metro goals are not impacted by the proposed changes. The Comprehensive a Plan indicates the Central Business District is: 6 "The area deemed appropriate for high intensity mixed use development allowing commercial, office, as well as f„ i n higher density residential uses of a minimum of 40 units en per acre. The applicable zoning districts are, the t9 Central Business District (CBD) and the Special District 11.11 which limits residential uses to 12 units per acre. " Under Special Areas of Concern, the Plan findings indicate that the downtown area contains a broad mix of land uses and that a major concern is to maintain existing businesses in the downtown area and ` r ;=' expand the economic potential of the downtown area. The policy under this section states: '` ..The redevelopment of downtown shall be accomplished in = order to make it complementary to newer shopping areas ' Convenience, appearance and the needs of the shopping public should be primary considerations. " Complementary implementation strategies under the above policy call for emphasis of the revitalization of the CBD within the economic program and that the. CBD is an area of special concern for economic development activity. The strategies also call for coordination and cooperation with the private sector to promote their participation in the revitalization of the CBD. ' None of the policies applicable to the CBD directly conflict with f the proposed changes. The findings mooted. above indicate a major . concern in maintaining existing businesses and revitalization. The list: of the broad range in uses allowed in the CBD exemplifies this direction. All the proposed ordinance changes will aid in .' increasing activity by helping business expansion and are, therefore, compatible with the comprehensive plan. NPO's 1 and 2 have reviewed the proposal and have indicated that „. n':• the proposed changes appear to be beneficial. , R Alternatives: 0 Change the Development Code as proposed o Add changes or modify the proposed changes o Retain the existing code provisions conclusion: The proposed changes will aid in promoting development activity in the CBD by adding flexibility. None of the changes conflict directly with Comprehensive Plan policies. `, A copy of the proposed ordinance is attached. ca , y1 s . , f , s • '` elements which are located in any yard is subject to the � conditions and requirements of Section 18.100.80. [D. It is the intent that these requirements shall provide for privacy and protection and reduce or eliminate the %'� adverse impacts of visual or noise pollution at a .~' development site, without unduly interfering with the• > ;',,.:: view from neighboring properties or jeopardizing the safety of pedestrians and vehicles. (Ord. 89-06; Ord. ` 83-52) .] • - � [18.100.080 Buffering/Screening Requirements] D. The minimum i •rovements within .a buffer area shall . consist of the following [A]1. At least one row of trees [with a combination of deciduous and evergreen trees] shall be . planted. Thy shall be not less than 10 feet } high for deciduous trees and five feet high for evergreen trees at the time of planting [and spaced as follows by size, of tree.] Spacing for trees shall be as follows j [1.]i_ Small or narrow stature trees, under 25 feet tall [and] or less than 16 feet wide i_ • [branching] at maturity shall be spaced no further than 15 feet apart. [; and] '' [2.]ii. Medium sized trees between 25 feet to 40 feet tall and with 16 feet to 35 feet ' .:4, wide branching at maturity shall be ,; _ spaced no greater than 30 feet apart. [3] .iii Large trees, over 40 feet tall and with ` more than 35 •feet wide branching at :H 1-.1:::;',.4; maturity,. shal be spaced no greater than 'f 30 feet .apart. 2 . In addition, at least 10 five gallon shrubs or 20 one gallon shrubs shall be planted for each 1000 square feet of required buffer area. , • ta � 3 _ The remainin• area shall be slanted in lawn , •roundcover or s•read with bark mulch , -1 i• - _ . E. Wherescreenin. is re•uired the followin• standards shall apply in addition to those required for buffering: 1 . A hedge of narrow or broadleaf_ evergreen { :<: shrubs shall be planted which will form a four 'r foot continuous screen within two nears of >}' planting, or,_ nrra 1 i'. a r a 2. An earthen berm planted with evergreen plant 3 materials shall. be provided which will form a :' - continuous screen six feet in height within two years. The unplanted. portion of the.berm shall be planted in lacm, ground cover or bark ! mulched, or; { ;3 - 3. A five foot or taller fence or wall shall be constructed to provide a continuous sight _ obscuring screen. t: t„, F. BufferYntg and Screeni.nc provisions shall be superseded by r , .__.. the vision clearance requirements as set forth in Chapter . .� 18.102. G. When the use to be screened is do ill from the ad'oinin. zone or use. the .rescribed heights of required "fences walls or landsca.e screenin• shall be measured ' from the actual grade of the adloining_property. In this =, case, fences and walls may exceed the permitted six foot hel.htat the discretion of the director as a condition '' of approval. 'When the crrades are so steep so as to make the installation of walls fences or landsca•i.n. to the r guired height impractical , a detailed landscape/screening plan shall be submitted for approval i [B].H.Fences, and Walls. , ` - 1. Fences and walls shall be constructed of any , 'fi materials commonly used in the construction of fences and walls such as wood or brick, or ,= otherwise acceptable by the Director; • 2. Such fence or wall construction shall be in compliance with other City regulations; and 3. Chain link fences with [or without] slats shall • I .': qualify for screening. [only in conjunction with evergreen plant materials at the same height or a. taller than the fence.] However, chainlink fences - without slats shall re. ire the •lantin. of a continuous evergreen hedge to be considered screening. iti j [C. ]I.Hedges. '' a 1. An evergreen hedge or other dee evergreen landscaping may satisfy a requirement for a sight obscuring fence where required subject to the height requirement in Subsections 10.10Q.090.B.1 and 2; 2. Such hedge or other dense landscaping shall be properly maintained and shall be replaced with v A3 a 4' a <' J '' m another hedge, other dense evergreen landscaping, ..� .•••••''' , or a fence or wall when it ceases to serve the 1 . e.;; purpose of obscuring view; and -. ^ 3. No hedge shall be grown or maintained at a height s' greater than that permitted `by these regulations 4 ` ':a fora fence or �aall ire a vision clearance area as set forth in Chapter 18.102. (Ord. 9-8 ; 'Ord. � 71; Ord. 83-52) . ,. 4 1--... .100.108• Screenin_g of Refuse Containers Required. Except fox one and tend £amity dwelling , any refuse container • or refuse collection area which would be visible from a lic +': k street;, parki.n.q lot, residential . or con teercial area„ or any • Y3` public facil.it such s a school or aax). shall be screened or. ,•<. ii • enclosed from view by placement cf a solid wood fence, ainas®nrrr , .: `call or evercreen hed•e. All refuse shall be contained within :: ti ;,, the screened area. - rb/lsbuffsc.rb7 i^`'. ..> e • k j a. „ .. A`i AA .M1 f• ..'P ` y•t y••. a '..,",.•*, 4 {' yfi 4 CITE OF TIGARD, .ORE ORDINANCE NO¢ 91°° ' ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF ` ' . CO. YIT�t -2: ''.1J-:.w DEVELOP N ODE PERTAINING TO THE CENTRAL BUSINESS DISTRICT (C1D) INiCLUDI' iG: REPEALING SECTxON' 18.8€a (ACTIOITT -AREAS) AND AMENDING'SECTIONS 18.42.020 C.6 4 h.. (AUTOMOTIVE AND EQUIP SENiT: SASS/aENTALS LIGHT EQUIPMENT); IS 66.030 (PE PERMITTED ' �` USES): 18.66-04° A (COND TION L USES); 18.66 060 A. .1. (ADDITION • -. REQUIREMENTS) ; 1S.6S.f70 (INTERIM REQUIP. - °NTS): 3'D 18.130:150 C.23.a. Sc, 29.a. - (APPLIC LE ZONE) (�O 2-91) t 12EAS,' The City of Tigard finds it. necessary o revise its Community Development Code Periodically to improve the operation and implementation of • • A the. !Code; and ; ° '' WHEREAS, certain provisions of the Code concerning the Central Business ,,,--,-;"- District: conflict with existing conditions, a sting P ,asinesses and bui dings ` , in the CBD; and WHEREAS, city of Tigard Planning Commission rev iee ed the staff 4 recommendation at public hearing, on August 19, 1993. and voted tc recommend approval of the amendment to the City Council; and 11::; , r REAS tile City Council held a public hearing on September 30', 1991. to consider t• he amendment. THE CITY O• F TIGARD ORDAINS AS 'OLLOWS a F Section 1: The Community Development Code :hal331-013^deayams ended as shown in Exhibit ::: 'sAi' Language to be added is M11�LX i . Language to be deleted is shown 123 BRACKETS] Section 2: This ordinance shall be effective 'aft r.ts. passage by e �' Counc;.l, approval by the. Mayor, and posting by the City Recorder. Pt�SSED:: 3y _, vote of all Council members presenat after being read by nunber and title only, this day of -f i' 1991. y r+ • ��C • .) .. Catherine Wheatley,. City. Recorder s. 0. =t APPROVE©: This day df , 1993 ;�: Gerald R. Edwards,: Mayor J Approved as to f gran City Attorney • r ` Date ORDINANCE No. 91- • �; Page 1 , , , ,, (::,,. , ,, ,r,:::,, .1. 1 , ,:,,, ,_„,.,,,,,,,,:-. -4, 'TICE OF ADO IOC Must Be Filed Within S Working Days 1; See OAR 660-18-040 yy • k, ^ Jurisdiction City of Tigard Local File Number 7,0A 91-0001 Date Mailed 10/10/91 Date of Adoption 10/8/91 Date Proposal was Provided to DLCD 7/17/91 - " '` Type of Adopted Action (Check all-that apply) e° Comprehensive Land Use . New Land Use x s, { A - Plan Amendment X Regulation Amendment Regulation }. Please complete (A) for text amendments and (B) for map amendments 9 i A. Summery of Adopted Action (A brief description is adequate. Please avoid highly technical terms and zone code abbreviations. Please do not write "see attached."): ae 11.-$•J1.-1 • ❖..- ._ #. • y:!-' t-. • 4 •. 4- •j"^r _ .: • • •O '' add boats to use classification for automotive and equipment; sales/rentals; children's daycare, residential care, and outdoor storage if screened on all sides as outright uses; allow nonconformin' use of existing industrial structures in CBD. <} ; Describe How the Adopted Amendment Differs from the Proposal (If it is the same, write "Same." If it was not proposed, write "N/A."): 4:` � Automotive.and • i• -nt; Sales/Rentals light equi -nt remains as conditional use; S•-cific industrial .structures allowed to continue on1 as Industrial-Park uses. M B. If the Action Amends the Plan or Zone. lisp, Provide the Following Information '` ' for Each Area Which was Changed (Provide a separate sheet for each area. +•, Multiple sheets can be submitted as a single adoption action. Please include street address whenever possible. Do not use tax lot number. , alone,): . .• , ,, Previous Plan Designation: New•Plan'Designation:, Previous Zone: New Zone: �/ • fa• ¢3 Location: Acreage Involved: {;' Does this Change Include a Goal Exception? Yes No For Residential. Changes Please indicate the Change in Allowed Density in Units Per Net Acre Previous Density: New Density: C 0 : t -...7 r . If Notice of Proposal was Not Sent to DLCD 45 Days Prior to the Final Nearing, Please Indicate Why': statewide Planning Goals are inapplicable Y. q•• Emergency Circumstances Required Expedited Review • List Statewide Goals Which May Apply: Goals 1 122 ., List any State or Federal Agencies, Local Government or Local Special Service Districts teach may be Interested in or Impacted by the Adoption: , Direct Questions and Comments To: Dick Bewersdorff, 13125 SW Hall Blvd. Ti•ard, OR 97223 (Phone) 539-4171 .:. Send To: Department of Land Conservation a.nd Development 4 1175 Court Street, N.E ' ,. ,a° Salem, Oregon 97310-0590 ' i Attach One (1) Copy of the Adopted Action to this Form and/or three (3) Copies of �, Bound Materials and Maps Larger than 8 1/2 by 11 Inches. NOTE: If more copies of this form are needed, please contact the DLCD' office at 373-0050, or this form may be duplicated on green paper. Failure to provide notice • of an adopted plan or land use regulation amendment results in an extension of the' -, appeal period. Appeals may be filed within 21 days of the date the proposal is OD mailed to DLCD. Statutes require mailing within 5 days of the action becoming final (See OAR 660-18-040). * * a FOR DLCD OFFICE USE * * * ' - • DLCD File Number t 5, ,..- <pa>adoptform k f 4 114' . .4 , •p 4...1.4; t :° •, " "I' .?, '. , a 4' r '` '< . r.�C � 11 'y e , , � 1. CITY OF TIGARD, OREGOT -x. ORDINANCE NO. 91- C) .1L`:; AN ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE PERTAINING TO THE CENTRAL BUSINESS DISTRICT (CBD) INCLUDING: REPEALING SECTION 18.86 (ACTION AREAS) AND AMENDING SECTIONS 18.4 2.0 20 C.6.h. (AUTOMOTIVE AND EQUIPMENT: SALES/RENTA.LS LIGHT EQUIPMENT) 18.66.030 (PERMITTED '.- USES); • EXHIBIT "AK CHAPTER 18.86 is hereby deleted 118.42.020 C. 6. h. Automotive and Equipment: Sales/Rentals, Light Equipment: Sale, retail or wholesale and/or rental from the premises of autos, noncommercial trucks, motorcycles, motorhoaes, boats o and trailers with less than 10,000 pounds gross cargo weight together with incidental maintenance. e Typical uses include automobile dealers, care rental. agencies, boat dealers, or recreational vehicle sales and rental agencies; 18.66.030 3. Residential Use Types (See R-40 and R-12 for ' . development standards) : £.. Children's day_ care; [f. ] h. Family day care; f., i. Residential care facility: 18.66.030 7. Dutdoov storage if screened on all sides L 4. 18.66.040 Conditional Uses (See Chapter 18.130) 3. [Children's day care;] Drive-up windows. 1 4 See standards contained in Chaster 18.130 8. [Residential care facility; ] [9. ] 9.. Vehicle fuel sales; and :.x [10. ]9. Wholesale, storage, and distribution. (ard.90-41; Ord 89-06; Ord 93-52) ; 18.66.060 Additional Requirements A. 1. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 ' Sensitive Lands [and Action Areas]; 18.66.070 Interim Requirements �. In the absence afc an adopted desi.an plan._ the following issues under Subsection 18. 6.040.A.1.c must be addressed for new developments as necessa ry to serve the use and provide for projected _public facility needs of the asreai. p*irsnant to Chapter 18.164 as determined by the Director. 1. The Cites may attach conditions. to any devel went , " within an action area rripg to adoption of the design plan to achieve the objectives: . a e The development shall address transit usage by residents, employee€a and customers if the site is within 1/4 �tiaile of a public transit line or transit stopecif is items to be addressed are as follows: (i) Orientation of buildings --and:,facilities towards transit paervices to provide for direct pedestrian access into the __ _ _ l g(s) fmgm transit lines or sto s (ii) Mi.nimiz ng transitfauto conflicts by -$, ggoviding[_ direct pedestrian access into the buildi s. with limited crossin n' automobile cir_culationL parkins area . I • Ifc pedestrian ..access crosses automobile circulation/parking areas, paths shall marked far pedestriansa EncouraginLttransit-supportive users by limitincr autom®bile sunnort services to collector and arterial streets: and (iv) Avoiding the creation of small scattered parking areas by allowing jad scent developments to use shared surface parking, parking structures, or under= s rlYCtb',?°e Flarkir b. The devejpment shall, facilitate pedestrian/b cycle circulation if the site is located on a street with desi nc�ated bikepatlas or ad agent to a des i• - ated •,reenwa_ oven <_ s•ace bark. S•ecific items to be addressed are as follows: (i) Provision of efficient convenient and continuous pedestrian and b3.cvcle transit !' �' linking develosa►ents , circulation sw*stems, bw rewiring dedication and construction °a oedestrian and bikegaths identified i n the com•rehensive •lan. If direct connections cannot be masie, rewire that funds in the amount of the construction cost be deposited into an account for the pur ose of constructing paths; iii) Separation of au to and truck circulation activities froze pdestria.n areas (iii) Encoura.in.• .edestrian-oriented a-.F desi. b re.;..irin• •edestrian r q walkwa s and street ?evel windows along all sides with rub1ic access i nto the buildinca: ;; ; y' (iv) Provision of bicycle parking as required under Subsection 18.306.020.P and ,(y , s ure adequate_- outdoor lighting by lighting pedestrian wal]eww ys and auto circulation areas. } c. Coordination of develop pt within the action area. Specific items to be addressed are as •„ ;; A, follows JAI Continuity and/or compatibility of iandsca•in. circulation, access •ublic *' facilities, and other improvements. ; Allow re. ired landsca.in• areas to be groused to•ether. Re late shared access 1; where appropriate. Prohibit lighting •�_�., which shines on adjacent property: ; (iii Sitin. and orientation of land use which considers surroundin. land use or an • , " I` adopted plan. Screen loading areas and refuse dump steers from view. Screen commercial and industrial use from single-family_ residential through , landscaring: and i � , '..; ii i Provision of fron cze ta roads or shared access where feasible. Ord. 82A161 Ord. 87-561 fa. • e' B. Existin. nonconformin• industrial structures at the r Ch following locations may continue to be utilized for I-P M Industrial uses after the nonconforming use limit of six . months: Map 2S 1 2AA Tax lot 4700,. Maw 2S 1 2AC tax lot • a• l 100 and 202 p 2S 1 2AD tax lot 12031 Map 2S 1 2DB tax 0 lot 100, and Map 2S 1. 2DA tax lot 300. 5 gm N 18.130.150 C. 23. Children's day care: L,."'' w 4 t..r p � 4. fit' . , + F i {4 a 4++'," Applicable 'Zone: single family and multi-family s a. App residential, [CBD]; Jo 29. Drive -Up Windows a. Applicable Zones: [any commercial or industrial r cone with an action area overlay] CBD; ,; 18.66.060 Additional Requirements A. Additional requirements in the C13151 district are as fi follows 1, Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 ..; Sensitive Lands [and Action Areas]; a t% th- ! W j .t��. i• � {��11 t:. 2 f ' • Ix w ,:.. ., "..x_..:......_.. .....r_......._:....... ._.. 1•: 10/07/91 15:54 °x'503 684 7297 CITY OF TIGARD 0001 r < ; ACTIVITY REPORT RECEPTION OK • TRANSACTION it 13862 CONNECTION TEL 1 5032214873 G3 CONNECTION ID r START TIME 10/07 15:53 "` USAGE T[ME 01' 02 PAGES 2 "- J1 10/07/91 16:01 x'503 684 7297 C 1 TY OF i l CR AD Q 001 ACTIVITY REPORT RECEPTION OK TRANSACTION # 13863 CONNECTION TEL 4'f CONNECTION I D G3 j ". START TIME 10/07 15:59 `' USAGE TIME 01' 41 PAGES 4 �. 1 0/07/91 15:35 x`503 684 7297 CITY OF T I GARD tai 0®1 T ACTIVITY REPORT ' "` RECEPTION OK a TRANSACTION # 13861 CONNECTION TEL 5 03 223 0533 CONNECTION ID 03 ' START TIME 10/07 15:35 L' ff USAGE TIME 00' 39 ; PAGES 1 ®. ; ;^ ;F app cai . J , 7 Y2'' J • 'x ' K 2 ,, i 1 x +.x i . ' -'7... e ,i :a k 1., r i A ...1.'4,.'".1 a • ,.:1.%,,,`,• . • OC n7 'Si 1,: ,2 CB POR 'N, — 9 0 P.1/2 ..."'..,- ..A, .4 C S I M O L E T R A N M S I O N J ................ ' 4 1 / ............................... ir," *1 i '• DATE: 6 9 ' . . .'. t.. D . / 1, A , ' ' i 1 • FAX 0: , S LI- '--) 21 , . 1 • , . . . 2— : ...-.- 4 .-, -, .. - , . - ...z , • 0...... . -. -... t...,-, .... 4 - - . , t., •• .4 .-,-. •, 4., : . „, ... . • ..--. -..,4..- -,,... ...-..,, . ,•.„, .- --, :. ,, - -. . -,: . --.-:.:,,. , • ..- - - ... - 1 ,, . ,, . :_•_, . - - .-. -, . ... ...,„-.. , .. . . . . - ...,, ,-- ..,„. „ _ .„....- .-, ,, , . . . . . • -- .-....c. 1 . COMMERCIAL i .,.,.. : . , .,..„, . ,. .., .. i, ...:., ... 4 , a, ''';' ■ip: ( 7 FROM: • . 1.4,i 4 ;--,,,,.'• i -1 /.'. , .., , .2%,, f 1 a i- i' FAX#: - • VOICE 0: . _ _ . 2 ' 16,.. 0 , . / , 1 . cowmen ,....i._. . • ...- ft...4.- '''' ,. .....,-,- .0 .. . ...al . •••"''' ... 22-I- Lints- 0 w / . ...1 . auszstaffakIDEMILIGINIPMERM WA, OffIRRONEWAXINRCROWIMMICESIoffiret i r, CB COMMERCIAL R :'1A1., ESTATE GROUP, INC. i,.. ; ,.., li''--- ;} OCT 07 '91 14:43 CB PORTLAND 221-1907 P.2/2 .,r '• . CONSIERCIAL `` $• i dtSAl.ESTATE GROUP.I?VC. ' 4 eRA101RAGE AND MANAMOdE t! '' nnaxeauw nca s� m• COMMERCIAL `: KIRMERLY L'ULDWfta.BAN1021COtu-4' CAI. Kx INtlYp 7908 ;1 J i October 7, 19 1 A. E Mr. Richard Bewersdorff Senior Planner City of Tigard ' - 13125 SW Hall Blvd. PO Box 23397 Tigard, O Dear Mr, Bewersdorif Allowing Industrial buildings to be occupied for industrial purposes seems like a • `r` winner in turning vacant, downtown buildings into occupied and useful downtown buildings. I reference the empty and abused building at 8900 SW Commercial,which , ' I have been attempting to lease or sale for the owners. `° Sincerely, s : ` CB Commerce 4. Real Estate Group, Inc. i+I Asscciate J' _ Industrial `roperties ': E (503) 221-4825 IEJD:II�n eau 4: / sI ril c ' f c9OO7rb%.®Itf '' HIM'1NT'8P.21M.1E TOWW, 1300 SOUTUTWQST FftTh MENUE. SUITS 2600. PORTLAND,nawnnN 072014609 , : .:} ♦ 1 �.x iii r 10-07.01 03:43PM FROM COY 5T/GILBERT BR 10 , aI. r ...,...--..,, B....,...,,,... • 4 .. . , a 0:. ki " l REAL ESTATE SERVICES.INC. t r 1+` RECEIVED PLANNING October 7, 1991 OCT O 7 1991 `� .L Mr. Richard Bewersdarff , r.;,. .` Senior Planner > City of Tigard 13125 S.W. Hall Blvd. P.O. Box 23397 . ' Tigard, Oregon ' :.:t.'..' A . '�` •. Dear Mr. Dewersdorf f: , Several buildings located within downtown Tigard were built for ,r; ' industrial uses, these buildings now fall under the downtown , { z:' business plan. The specific building I am willing to purchase is 8900 S ,W , g;r Commercial, currently a road house for area derelicts and kids needing mischief, the building contains 15, 000 square feet of warehouse space, but cannot be used for many light industrial purposes. !a .,.. ;` If this building could be used for purposes similar to your IL, zone, the zone under which it was constructed, Tigard would have A { an occupied and viable building and this potential user would be ;'' :A.7,.'44:".:.. appreciative, Y, a Very Truly Yours, cs ' GILBERT BROS. :::: g : REAL ESTATE SERVICES, INC. r is Kerr. S. Gilbert • t. KSG/jj j j . ' .....--.:1„.,..„,-, 1205 5.W, 18th,Portland,OR 97205 (503)223.7370 FAX(503)223.0533 ,� ' 1111 Main#700,Vancouver,WA 96660 = 'r� (206)..694,71888 FAX(206)695-1201 `,—"' r' a --•---•- ' MEMORANDUM CITY OF TIGARD, OREGON # 1. "� TO: City Council FROM: Ed Murphy DATE: September 16, 1991 I SUBJECT: CBD Nonconforming Industrial Structures -- Screening ` k EXISTING INDUSTRIAL STRUCTURES '' I. The Central Business District (CBD) does not allow industrial uses. The prevent zone has a number of buildings designed and constructed for industrial uses. These buildings would be difficult to convert �_. to CBD uses. The properties in question involve Precision { Graphics, GTE, Stash Tea, Famillian NW, Pacific Red Lion and Magno Humphries, Inc. While not all of these properties are entirely utilized for industrial uses today, future uses would be difficult to find the structures usable for CBD type uses, Provision 18.66.070 is an attempt to recognize that the investment in the existing buildings and the cost of conversion is t' x ` .�' substantial. It allows existing nonconforming industrial structures in the CBD to continue to be utilized for industrial ' purposes beyond the standard six months limit for nonconforming ' uses. It would add flexibility to the code to help avoid long 1: vacancies of buildings such as the Pacific Red Lion warehouse and a limited number of other industrial structures if they were to be vacated. ■ It is suggested that 18.66.070 be changed to list specific , , N industrial properties to be included so that where there are industrial uses of non-industrial buildings, compliance would be 14 required. It is also suggested that the uses be limited to I-P ;r industrial uses (manufacturing of finished products; packing and 1 se processing; wholesale, storage and distribution) to preclude heavy :, industrial uses that may not be compatible. tj. New wording for 18.66.070 is proposed as follows: t B. Existing nonconformin. industrial structures at the t,. following locations may be continue to be utilized for I-P :. -, Industrial uses after the nonconformingemeg limit of six months: Map 25 1 2AA tax lot 4700 Man 2S 1 2AC tax lot 100 and 202 Ma. 2S 1 2AD tax lot 1203 Ma• 25 2BD tax lot 100, and Map 2S 2DA tax lot 300., , a ,r Q N®QGENIa_ Section 18.66.030.7 proposes to make outdoor storage an allowed use if screened on all sides. New screening standards were adopted March 26, 1991. These standards are proposed to used to determine compliance for screening for outdoor storage. They appear to be ' adequate and eliminate the need for a second set of standards for '-+ the CBD. A copy of the new screening provisions is attached. k k j: ''' k LIA lv_ • • (Condition No. 1) ° . "A monumented boundary survey showing all new title lines, prepared by a registered professional land surveyor, shall be submitted to the City for review and approval prior to recording." In addition, Mr. Coleman noted the following wording would be placed in the resolution in the enacting "Therefore" clause: • "THEREFORE BE IT RESOLVED, that the requested appeal is allowed in part and denied in part, and the Planning Commission decision is upheld as modified based upon the facts, findings, and ^ { => conclusions noted in Planning Commission Final Order No. 91-09 PC (Exhibit 'A' as modified) ." 9. ZONING ORDINANCE AMCMINCTI% ZOA 91-0001 A proposal to amend Y., and repeal various provisions of the Community Development Code pertaining to the Central Business District (CBD) including: repealing Section 18.86 (Action Areas) and amending Sections 18.42.0209 C.6.h. (Automotive and Equipment: { Sales/Rentals Light Equipment); 18.66.030 (Permitted Uses) ; • }n` 18.66.040 A. (Conditional Uses); 18.66.060 A.1. (Additional Requirements) ; 18.66.070 (Interim Requirements) ; and '' 18.130.:150 C.23.a & 29.a. (Applicable Zone) ad a. Public hearing was opened. L 0. b. There were no declarations or challenges. • e,ee c. Community Development Director summarized the staff is ' ° report as submitted in the Council meeting packet. d. Public testimony: None. es, e. Council questioned outdoor storage and screening and `, �j• whether there was adequate protection for existing uses in the downtown area. After discussion, Council '° consensus was to was to table the consideration of the proposed ordinance until October 8, 1991. { 10. CONSIDERATION OF CUSTOMER SERVICE STATEMENT f' >. r b City Administrator advised that staff had identified the key values in the delivery of customer services. Mayor { Edwards read the Customer Service Statement: 111 xa+ , CITY COUNCIL MEETING MINUTES SEPTEMBER 10, 1991 - PAGE 9 • • } 0 • a: COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY • AGENDA OF: September jege_1991 DATE SUBMITTED: Au s-lmq ?2e -9911. ISSUE/AGENDA TITLE: CBD Amendments PREVIOUS ACTION: Planning Commission ..'..0 ' recommendation from Au. et 19 1991 Public Hearin. . PREPARED BY: Dick Bewersdorff , _ DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed Murphy - - - ISSUE BEFORE THE COUNCIL -- 4 i _ Should the City make various changes to the CBD zone regulations including adding boat sales as a conditional use and repeal the Action Area Overlay provisions to . , .. help promote development activity? , 1 STAFF RECOMMENDATION 0 '. It is recommended that the Development Code be amended as follows: repeal the Action Area Overlay; amend the CBD section of the code to include the existing interim requirements of the Action Area Overlay; amend the use classification for Automotive Equipment: Sales/Rentals, Light Equipment to include boat dealers; add Children's Day Care, Residential Care facilities , and outdoor storage if screened on all sides as outright uses in the CBD; • add drive up windows as a conditional use in the CBD; and allow the non- 4 .- conforming use of existing industrial structures in the CBD. INFORMATION SUMMARY . 4t - Representatives of Stevens Marine contacted the City regarding how to proceed - ...; l- with expansion of their boats sales and repair facility. The facility is a .,.. , s / non-conforming use and would not be allowed to expand according to existing code provisions. The request initiated staff consideration of a number of issues relative to the CBD. As a result, staff proposed a number of amendments related to improving the flexibility of development, in the CBD and to promote e- increased development activity. NPO's 1 & 2 reviewed the proposals and indi- cated support. The Planning Commission reviewed the proposals at a public is = hearing on August 19, 1991. The Commission recommended that the Council : - — adopt the amendments with one modification of the original staff recommendation. - -s: That modification entailed keeping Automotive Equipment: Sales/Rentals, Light 1 e .e. Equipment (including the addition of boat dealers) as a conditional use rather than making it an outright use The modification provides more control • . 4 se, than would the listing of the classification as an outright use. The proposed . .. , changes are not seen as an end-all solution to development of the CBD. They 4 ."- , EL proposed as a means assist in generating development activity and flexibility. . 1 ed Attachment include: 1) an ordinance adopting the proposed5changes as Exhibit u) "A" and 2) the staff memorandum reviewed by the Planning Commission. - = • ( PROPOSED ALTERNATIVES '.t •JI _ to 1. Approve the changes as recommended by the Planning Commission by adopting ' e 1 the attached ordinance. 2. Modify the proposed changes. - e . , 3. Reject the proposed changes. 1 , FISCAL NOTES , :a ' e Not applicable , -: 4*, ‘ ' i: 'is' :''' ' .'; ' , ' ,'' ■ '' ' '''' A , .". . . ' • • c' --c - 01 g' A' \ . . : r 45----- - .. COUNCIL AGENDA ITEM . " CITY OF TIGARD, OREGON .. - 1 COUNCIL AGENDA ITEM SUMMARY . e .) AGENDA OP: Seteml .991DATE SUBMITTED: Ammatili_Lak___ ISSUE/AGENDA TITLE: CBD Amendments PREVIoUS ACTION: Planning Commission -- - recommendation from Au. st 19 1991 Public Helrg_ar ___________ .,- ,:- PREPARED BY: Dick Bewersdorff 4.. - , - -- ' DEPT HEAD OK CITY ADMIN OR _REQUESTED BY: Ed Murphy --:- ____ . . , ISSUE BEFORE THE COUNCIL 'dt 4 Should the City add boat sales to the Automotive Equipment: Sales/Rentals, .," Light Equipment use classification and make other changes to the Central -.. ' t Business District regulations to promote development activity? e -- 1 STAFF RECOMMENDATION . It is recommended that the Development Code be amended as follows: repeal , `r ;.- the Action Area Overlay; amend the CBD section of the code to include the existing interim requirements of the Action Area Overlay; amend the use classification for Automotive Equipment: Sales/Rentals, Light Equipment to include boat dealers; add Children's Day Care, Residential Care facilities i and outdoor storage if screened on all sides as outright uses in the CBD; t add drive up windows as a conditional use in the CBD; and allow the non- conforming use of existing industrial structures in the CBD. e r' •,, : . , . .. , INFORMATION SUMMARY . - - Representatives of Stevens Marine contacted the City regarding how to proceed ' - with expansion of their boats sales and repair facility. The facility is a , . non-conforming use and would not be allowed to expand according to existing code .. e provisions. The request initiated staff consideration of a number of issues relative to the CBD. As a result, staff proposed a number of amendments . "''. related to improving the flexibility of development in the CBD and to promote increased development activity. NPO's 1 & 2 reviewed the proposals and indi- 17 ' ' ' :,-- cated support. The Planning Commission reviewed the proposals at a public , . .' , -. hearing on August 19, 1991. The Commission recommended that the Council e adopt the amendments with one modification of the original staff recommendation. That modification entailed keeping Automotive Equipment: Sales/Rentals, Light Equipment (including the addition of boat dealers) as a conditional use : 11. rather than making it an outright use. The modification provides more control 11_4 than would the listing of the classification as an outright use. The proposed 1.= co changes are not seen as an end-all solution to development of the CBD. They proposed as a means assist in generating development activity and flexibility. ell Attachment include: 1) an ordinance adopting the proposed changes as Exhibit "A" and 2) the staff memorandum reviewed by the Planning Commission. 0 -- .. PM PROPOSED ALTERNATIVES 1. Approve the changes as recommended by the Planning Commission by adopting the attached ordinance. 2. Modify the proposed changes. 3. Reject the proposed changes. . . , - - .. . . . . .. TO frl 11 - KOLVA,5=T\ FROM:.-DICK eettOr..540(4-- DATE:5 A ii Si . . . ' _,,,o w, ND.PAGES FAX#: 2143- 2-1 Vil Crthc 21-ts..1( t6r v\ 1A I A 1 INCLUDING FAX#:Obl- /2-'-1 / PHONE#:LP 71 -1+ I I THIS PAGE r---'eF 1 - 4 :' - ' • '- %".." '. ., 7- %'/-:,'" : FISH NOTES Not applicable ;. • .. ,?'r . :i.'_'.. -f-:,!':..::',!'. .... . .. . .. . . '1',`",-', ..!I '. _. .. u ; ^: a 4 CITY OF TIGARD, OREGORi ORDINANCE NO. 91- v AN ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF THE COMITY DEVELOPMENT CODE PERTAINING TO THE CENTRAL BUSINESS DISTRICT (CBD) INCLUDING: F ' REPEALING SECTION 18.86 (ACTION AREAS) AND AMENDING SECTIONS 18.42.020 C.6.i. (AUTOMOTIVE AND EQUIPMENT: SALES/RENTALS LIGHT EQUIPMENT) ; 18.66.030 (PERMITTED 1 USES) ; 18.66.040 A. (CONDITIONAL, USES) ; 18,66.060 A.1. (ADDITIONAL j" REQUIREMENTS) ; 18.66.070 (INTERIM REQUIREMENTS) ; AND 18.130.150 C.23.a. & 29.a. (APPLICABLE ZONE) (ZOA 2-91) WHEREAS, The City of Tigard finds it necessary to revise its Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, certain provisions of the Code concerning the Central Business District conflict with existing conditions, existing businesses and buildings in the CBD; and WHEREAS, the City of Tigard Planning Commission reviewed the staff : " recommendation at a public hearing on August 19, 1991 and voted to recommend `. f approval of the amendment to the City Council; and WHEREAS? the City Council held a public hearing on September 3.0, 1991 to consider the amendment. yt ' THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The Community Development Code shall be amended as shown in Exhibit , Y F-' "A" . Language to be added is UNDERLINED. Language to be deleted is shown in [BRACKETS] . j. 1 _ ;i. Section 2: This ordinance shall be effective 30 days after its passage by the °zr4t , Council, approval by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after :+ . being read by number and title only, this day of Yt , 1991. 5 vas n Catherine Wheatley, City Recorder APPROVED: This day of , 1991. Gerald R. Edwards, Mayor " ORDINANCE No. 91- t Page 1 . _�.'<' Approved as to form: ::,...--...:.•-: '..... - . ' ' ' .....:1::... City Attorney e Date { H fC E-,t;x q r .^ y ` j` ' ORDINANCE No 91- Page CITY OF TIGARD, OREGON , y ORDINANCE NO. 91 {. AN ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF THE COMMUNITY a . ' DEVELOPMENT CODE PERTAINING TO THE CENTRAL BUSINESS DISTRICT (CBD) INCLUDING: REPEALING SECTION 18.86 (ACTION AREAS) AND AMENDING SECTIONS 18.42.020 C.6.h. (AUTOMOTIVE AND EQUIPMENT: SALES/RENTALS LIGHT EQUIPMENT) ; 18.66.030 (PERMITTED USES) ; 18.66.040 A. (CONDITIONAL USES) ; 18.66.060 A.1. (ADDITIONAL - REQUIREMENTS) ; 18.66.070 (INTERIM REQUIREMENTS) AND 18.130.150 C.23.a. & 29.a. ,'' (APPLICABLE ZONE) (ZOA 2-91) } WHEREAS, The City of Tigard finds it necessary to revise its Community Development Code periodically to improve the operation and Implementation of ; the Code; and . WHEREAS, certain provisions of the Code concerning the Central Business } `z ' ,, ' District conflict with existing conditions, existing businesses and buildings in the CBD; and ea t ' , y WHEREAS, the City of Tigard Plann4 ng"C�ommissio�a reviewed the staff recommendation at a public hearing on July , 1991 and voted to recommend "! approval of the amendment to the City C uncil; and WHEREAS, the City Council held a public hearing on August , 1991 )to consider ;' the amendment. a THE CITY OF TIGARD ORDAINS AS FOLLOWS: :. Section 1: The Community Development Code shall be amended as shown in Exhibit . "A" . Language to be added is UNDERLINED. Language to be deleted .,- is shown in [BRACKETS] . Section 2: This ordinance shall be effective 30 days after its passage by the '': , ' < t Council, approval by the Mayor, and posting by the City Recorder. 1 PASSED: By vote of all Council members present after being read by number and title only, this day of , 1991. Catherine Wheatley, City Recorder l APPROVED: This day of , 1991. l4 Gerald R. Edwards, Mayor ORDINANCE No. 91- 1 +, - x Page 1 i' Approved as to form: yy. .. City Attorney 1 ti, Date ' .a h z r -, T , 47 y f.., A. .'f F? y A. 1. ORDINANCE a 3o. 91- I , , "lg.:- , a.4 - ,...: ‘. J. a . .,. y.T4., .t. . ..,:.• .-....• ` " EXHIBIT "A" r CHAPTER 18.86 is hereby deleted 118.42.020 C. 6. .-'1. h. Automotive and Equipment: Sales/Rentals, Light Equipments Sale, retail or wholesale and/or rental from the premises of autos, noncommercial trucks, motorcycles, motorhomes, . boats, and trailers with less than 10,000 pounds gross µ cargo weight together with incidental maintenance. a+• ' r' Typical uses include automobile dealers, care rental t,, • ° agencies, boat dealers., or recreational vehicle sales and :;'; 4 rental agencies; 18.66.030 3. Residential Use Types (See R-40 and R-12 for ,Y• ° development standards) : , f. Children's day care; } [f. ] h. :'?amily day care; JET �'. • i.. Residential care facility: 18.66.030 7. Outdoor stored° if screened on all sides° 18.66.040 Conditional Uses (See Chapter 18.130) a 3. [Children's day care; ] Drive-u�p windows. . (See standards contained in Chanter 18.1301 .. 8. [Residential care facility;] ., [9. ] 8. Vehicle fuel sales; and [10. ]9. Wholesale, storage, and distribution. (Ord.90'41; ' : m Ord 89--06; Ord 93-52) ; 18.66.060 Additional Requirements i of in A. 1. Overlay Districts, Chapters 18.80 Planned '' CI Development, 18.82 Historic Overlay District, 18.84 ,' Sensitive Lands [and Action Areas]; v. 18.66.070 Interim Re aai ements A. In the absence of an adopted dess. plane the following issues . under Subsection 18.86.040.A.1.c must be A 4 At' .,,'2%. addiresser3 for nee. devreloQra�ents as necessary to serve the is use and provide for pro jectwd piblia facility needs of . the area g rrsuant to Chapter 18.16 as determi ps!,j,.y th Director, 1. City may..: attach conditions to any development , within an action area „gar .or to adnptia�n of the • design plan to achieve the following objectives: ' 'f m. The development shall address transit usage by residents, employees customers if the. site is withi l 4 mile of a public transit line or transit stop. �aec fic items to bra. addressed are as follows: :.:4. 4a. .., 4 Orientation of buildings seed facilities towards transit services to provide for ` direct pedestrian access into this ' S T . buildinq(s) from transit lines or stops; i (11) ;a j i j ncy transit auto conflicts bar ' pin c, direct pedestrian access into M the buildings with limited crossings in automobile ' circulatcion! ark nc areas. Yf pedestrian €access crosses automobile >.: circulation/parking areas, paths shall be marked pedestrians; 2 (iii) ncouraging transit-su„ppq 1 ive users by limiting autoxp bile sugaport ,, services to .collector and arterial a r= streets. and iv .Avoiding the creation of small scattered `` ., ., . parking areas by allowing a�scent a, x ,,t- - .;, develo.ments to use shared surface 0.: '' , parking,-_parking structures or under- structure parking; • h_. The develo •ment shall facilitate pedestrian/biclrcle circulation if the site is at located on a street with designated bikepaths us . or adjacent to a desa.gs�ated greenwayfopen ', L space% ark Specific items to be addressed are as follows: ®p ' (i) Provision of efficient, convenient and % C7 continuous pedestrian and bicycle transit J. ' Illi circulation linking,develop ytents by requiring dedication and construction a of pedestrian and bike�aths l.dent3.fied in the comprehensive plan.. If direct connections cannot be madecuire that funds in the _amount of the construction ,, cost be deposited into an account for the W . ., .,‘ <. , 4.- ,4 ■ i'.�, t'. t 4 . *, at 14 4s, / i -4 ,e r t •. 47.x:] ' 4 t . gurpose of constructing pat3lgi 1 Separation of auts� and truck circulation activities from pedestrian areas: • (iii) Encouraging pedestrian-oriented designby i re quring pedestrian walkways and street level windows along all sides with public access into the buildings (iv) Provision of bicycle loarlcing as rec aired under labsection 18.106.020.P; and .a- Ensure adequate outdoor ligghting by ' lighting pedestrian walDeways and auto circulation areas. c.. Coordination of develo.ment within the action ,,., area. Specific items to be addressed are as , ': follows: (i) Con.tinuity andLor compatibility of lands_ pi nct ci,rculati.on, access. public facilities, and other improvements. -4- Allow re wired landscaping areas to be '` grouped tocgether. Reotulate shared access !/ wrhere auaopriate. Prohibit li hcg�tinq which shines on adiacent „property• i = ii Sitin• and orientation of land use which - considers surrounding land use, or an adopte d 2lan. Screen loading areas and refuse dum.sters from view. Screen commercial and industrial use from �'. - single-family residential through >, lnaAscr:pin and ,. 1: t iii Provision of frontage roads or' _ shared access where fear ible. (Ord;. i 33�06: Ord. X37-561 2 ; B. Existing nonconforming industrial structures in the CBD ;,* na continue to be utilized for industrial purposes J b yond the nonconformine use limits of six months. '`° u 1. 18.130.150 C. ;., J :* 23. Children's day care: a. Applicable Zone: single family and multi-family y: residential, (CBD]; i: r t.{ { ._ ,. .., 4.. tea ?4° r. � .. f.. • 29. Drive-Up Windows: j.•,. 1 a. Applicable Zones: [any commercial or industrial zone with an action area overlay] CBD; d?' 18.66.060 Additional Requirements A. Additional requirements in the CBD district are as follows: 1. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 Sensitive Lands [and Action Areas]g • • • { V/ w ., r 44 ; , ,4„.:. n e • ,.; - :y., , _ .: _ - ,. , . „ _._ MEMORANDUM s CITY or TIGARD, OREGON TO: Planning Commission 3 FROM: Planning Division Y y DATE: July 17, 1991 ,' SUBJECT: Proposed Amendments to Development Cade relating to the s Central Business District (CBD) OVERVIEW ;, t°: Summary Representatives of Stevens Marine contacted the City >. regarding how to proceed with expansion of their boat sales and 1,' repair facility. The facility is a non-conforming use and would not be allowed to expand according to existing code provisions. . Outdoor storage is also prohibited by the Action Area Overlay, ,, provisions. The request caused staff to give consideration to a e number of issues relative to the CBD. As a result, staff is proposing a number of amendments related to the improving the flexibility of development in the CBD and to promote increased ,� development activity. Policy m�tms Ilications: Should the City allow boat sales and r.e ,.. automotive sales as outright uses in the CBD and make other changes r to promote development activity. ' A Financial Impact: There would be negligible impact on the budget. 'r. More flexible development code provisions in the CBD could foster , :.; increased investment and higher assessed valuation. r lee . Recommendation: It is recommended that the Development Code be amended as follows: repeal the Action Area Overlay; amend the CBD 7' ®. section of the code to include the existing interim requirements of the 'Action Area Overlay; amend the use classification for ch Automotive Equipment: Sales/Rentals, Light Equipment to include • G boats; add Automotive Equipment: Sales/Rentals, Light Equipment, Children's Day Care, Residential Care facilities and outdoor m storage if screened on all sides as outright uses in the CBD; add ' 0 drive up windows as a conditional use in the CBD; and allow the -1 non-conforming use of existing structures in the CBD. ANALYSIS Background t Representatives of Stevens Marine met with city staff to request y'Y = k Y fix: " •11 4 4 4 , 1 y information on how to proceed with expansion of the boat sales s,,F facility on SW Burnham Street. The Stevens Marine sales and repair i Z' facility is a nonconforming use in the CBD district. Outdoor _' i, i storage of materials, products or supplies is prohibited by Action v `p Area overlay provisions. - . The request caused staff to give consideration to a number of se--)s issues relative to the CBD. These included the heavy commercial and industrial nature of many existing uses along Burnham and ` Commercial Street; the effectiveness and need for the Action Area designation; the need for continued business activity in the CBD; . ' , the difficulty in finding tenants for structures in the CBD that ti• were designed for industrial purposes; and the general nature of s uses now allowed in the CBD. • . As a result of staff review, it was determined that staff was better equipped to pull together all the requirements of the i- . potential code changes necessary to respond to the needs of Stevens Marine and the long standing issues of the CBD. • • Jr Summary of Proposed Changes Action Area Overlay The Action Area overlay provisions were developed in 1987 for the purpose of protecting the CBD from , activities that were considered inappropriate to pedestrian orientation of the CBD and the concept of protecting Main Street. • }; The provisions were also developed as a precursor to approval of an urban renewal district. Because of a broad range of uses allowed and accommodated in the CBD as well as the inability to proceed - ,• ,e ,s with redevelopment efforts and lower property values, the provisions have largely been ineffective. They have also inhibited } the growth of some of the existing uses in the CBD. , • ,.. While the prohibition of outdoor storage creates ordinance 4 ; violation conditions at some existing businesses, the interim requirements of the Action Area relative to transit, pedestrian paths and circulation still have a certain degree of applicability. ,1 This is especially true in regard to the design and parkway acquisition needs. The interim requirements are therefore suggested to be added specifically to the CBD provisions. is Use Classification Definition. Presently, marine boat dealers are a" ' listed under the use classification: Automotive and Equipment '1 Sales/Rentals, Heavy- Equipment. This classification is not allowed either as an outright or conditional use in the CBD. 5' Automotive and Equipment Sales/Rentals, Light Equipment is now : w listed as a conditional use in the CBD. This classification ....1 includes auto dealers, car rentals, recreation vehicle sales, motor home sales etc. Boat dealers such as Stevens Marine appear to have similar characteristics to the above uses. The classification Auto repairs, light equipment is allowed outright. In many cities, , s automotive dealers were once a prominent CBD use prior to the desire to keep large inventories on site. The proposed change will � y p w :, N' make these type of dealerships an outright use in the CBD to help • { '' encourage activity in the CBD. While the proposal is to make these uses outright in the CBD, the conditional use process is a reasonable alternative. The need for and the consistency of this 3, use classification in the CBD should be carefully considered. ': ' Additions to Outright Uses. It appears that children's day care and residential day care facilities would also have the effect of , t ' increasing activity in the CBD with little reason for additional : v review requirements. Outdoor storage pposf e arief exn and allowed uses is now a in r the priate CBD.b Requiring the screenving ty on o all sides istig , should alleviate most aesthetic issues while allowing businesses to expand and foster activity in the CBD. Drive-up windows. Drive-up windows are now a conditional use in the Action Area. To continue to allow them in the CBD under the CBD provisions will allow drive-up windows while providing adequate protection against adverse impacts. pcslconforminc,�Use of Existing Industrial Structures. The continued use of existing buildings that once housed industrial uses such as Y Pacific Red Lion has been a concern. Only businesses of an industrial or heavy commercial nature are apt to utilize these buildings As a result, when the buildings are vacated there is a • tendency for them to remain vacant for long periods of time. It is difficult to find uses which conform to the use requirements of the _ , CBD within the six months required by nonconforming regulations. Redevelopment costs create another practical problem. i The proposed code changes will limit the extension of the time period for the nonconforming use of structures to industrial }R buildings only a 5,.4 N1. Applicable Planning Goals l 1 4 x Statewide planning goals, federal and state statutes and Metro 1 •,. goals are not impacted by the proposed changes. The Comprehensive Plan indicates the Central Business District is: fr "The area deemed appropriate for high intensity mixed use I development allowing commercial, office, as well as ,' higher density residential uses of a minimum of 40 units } per acre. The applicable zoning districts are, the Central Business District (CBD) and the Special District 'e which limits residential uses to 12 units per acre. " w 4: -1 Under Special Areas of Concern, the Plan findings indicate that this `i downtown area contains a broad mix of land uses and that a major concern is to maintain existing businesses in the downtown area and expand the economic potential of the downtown area. The policy ,, under this section states: "The redevelopment of downtown shall be accomplished in order to make it complementary to newer shopping areas. ' :a Convenience, appearance and the needs of the shopping q public should be primary considerations. " .. u ' Complementary implementation strategies under the above policy call for emphasis of the revitalization of the CBD within the economic ' program and that the CBD is an area of special concern for economic development activity. The strategies also call for coordination ," and cooperation with the private sector to promote their , - :' , ' . participation in the revitalization of the CBD. None of the policies applicable to the CBD directly conflict with ,' t,<: the proposed changes. The findings quoted above indicate a major °•=' `` concern in maintaining existing businesses and revitalization. The , list of the broad range in uses allowed in the 'CBD exemplifies this direction. All the proposed ordinance changes will aid in r' : increasing activity by helping business expansion and are, therefore, compatible with the comprehensive plan. NPCds 1 and 2 have reviewed the proposal and have indicated that '' the proposed changes appear to be beneficial. < , � Alternatives: o Change the Development Code as proposed o Add changes or modify the proposed changes , '', o Retain the existing code provisions Conclusion The proposed changes will aid in promoting development 1 activity in the CBD by adding flexibility. None of the changes conflict directly with Comprehensive Plan policies. A copy of the proposed ordinance is attached. 1 a. F Pk CO * :r a.>ti COUNCIL AGENDA ITEM ! CITY OF TIGARD, OREGON '= COUNCIL AGENDA ITEM SUMMARY ' AGENDA OF: September 10, 1991 DATE SUBMITTED: Auc ust 29, 19 91 , ISSUE/AGENDA TITLE: CBD Amendments _PREVIOUS ACTION: glannina-Commisssion .' recommendation from August 19, 1991 Public Hearing • . T PARED BY: Dick Bewersdorff , s a , DEPT HEAD OK 04) CITY Amax qi< /"/ —QUESTED BY: Sd lurohs► ISSUE B ' ORE THE COUNCIL Should the City make various change; to the CBD zone regulations including adding boat sales as a conditional use and repeal the Action Area Overlay provisions to a help promote development activity? K, STAFF RECOMMENDAaXON so It is recommended that the Development Code be amended as follows: repeal ,: the Action Area Overlay; amend the CBD section of the code to include the _-` existing interim requirements of the Action Area Overlay; amend the use classification for Automotive Equipment: Sales/Rentals, Light Equipment to include boat dealers; add Children's Day Care, Residential Care facilities and outdoor storage if screened on all sides as outright uses in. the CBD; '' add drive up windows as a conditional use in the CBD; and allow the. enon- . '1 '" conforming use of existing industrial structures in the CBD. ' INFORMATION SUMMARY ' ' Representatives of Stevens Marine contacted the City regarding.how to proceed , with expansion of their boats sales and repair facility. The facility is a 4 non-conforming use and would not be allowed to expand according to existing code provisions. The request initiated staff consideration of a number of issues relative to the CBD. As a result, staff proposed a number of amendments related to improving the flexibility of development in the CBD and to promote ` '- increased development activity. NPO's 1 & 2 reviewed the proposals and indi- ct cated support. The Planning Commission reviewed the proposals at a public hearing on August 19, 1991. The Commission recommended that the. Council adopt the amendments with one modification of the original staff recommendation. That modification entailed keeping Automotive Equipment: Sales/Rentals,, Light Equipment (including the addition of boat dealers) as a conditional use rather than making it an outright use The modification provides more control than would the listing of the classification as an outright use. The proposed 1` changes are not seen as an end-all solution to development of the CBD. They 1;{ proposed as a means assist in generating development activity and flexibility. Attachment include: 1) an ordinance adopting the proposed changes as Exhibit . "A° and 2) the staff memorandum reviewed by the Planning Commission. PROPOSED ALTERNATIVES 1 1. Approve the changes as recommended by the Planning Commission by adopting , so the attached ordinance. 2. Modify the proposed changes. { BM 3. Reject the proposed changes. J FISCAL NOTES Not applicable j it CITY OF TIGARD; ORE ! ORDINANCE NO. 91- a AN ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF ', HE . CO NITY DEVELOPMENT CODE PERTAINING TO THE CENTRAL BUSINESS DISTRICT (CBD) INCLUDING: •' ;, REPEALING SECTION 18.86 (ACTION AREAS) AND AMENDING SECTIONS 18.42.020 C.6.h. • (AUTOMOTIVE AND EQUIPMENT: SALES/RENTALS LIGHT EQUIPMENT); 18.66..030 (PERMITTED USES : 18.66.040 A- )• (ADDITIONAL '•'"; REQUIREMENTS); 18.66.070 (CONDITIONAL REQUI USES AND 18.130.:50 A.1. (ADDITIONAL & 29.a. Ii (APPLICABLE PPLICABLE ZOO) (ZOA 2-91) ,' 't WHEREAS, The City of Tigard finds it necessary to revise its Community Development Code periodically to improve the operation and implementation of {, the Code; and WI EREAS, certain provisions of the Code concerning the Central` Business District conflict with existing conditions, existing businesses and buildings ;: i.' ` in the CBD; and • AREAS, the city . of Tigard Planning Commission reviewed the staff recommendation at a public hearing on August 19, 1991 and voted to recommend approval of the amendment to the City Council; and WHEREAS, the City Council held a public hearing on September 10, 1991 to ;. consider the amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS Section 1: The Community Development Code shall be amended as shown in .Extaa bit • • "Aft. Language to be added is EEIU EQ. Language to be deleted f i is shown in [BRACKETS] 3 Section 2: This ordinance shall be effective 30, days after its ,passage by the • ': Council, approval by the Mayor, and ,posting by the City Recorder. :, • PASSED: By vote of all Council members present after f ' being read by number and title only, this day of ^. , 1991. • Catherine Wheatley, City Recorder . APPROVED: This day of , 1991.. 0 Gerald R. Edwards, Mayor Approved as to form: aro • '�•, City Attorney Date • ORDINANCE No. 91- • d Page 1 4. pp MS t EXHIBIT nA" ° , CHAPTER 18.86 is hereby deleted 118.42.020 C. 6. 1 r .1 h. Automotive and Equipment: Sales/Rentals, Light Equipment: Sale, retail or wholesale ana/or rental from the premises of autos, noncommercial trucks, motorcycles, motorhomes, boats, and trailers with less than 10,000 pounds gross i :e .:a cargo weight together with incidental maintenance. Typical uses include automobile dealers, care rental agencies, boat dealers, or recreational vehicle sales and - rental agencies; `a' 18.66.030 3. Residential Use Types (See R-40 and R-12 for development standards) s e Children's day care; [f. ] h. Family day care; ,. r :f, - i. Residential care facility• :4, 18.66.030 7. Outdoor story•e if screened.on all sides- ' •' 18.66.040 Conditional Uses (See Chapter 18.130) 3. [Children's day care;] Drive-up p pdows. I_j'.;' i ses standards contained in Chaoter 18.3.301 e 8. [Residential care facility;] (9. ] 8. Vehicle fuel sales; and j GY y (10.]9. Wholesale, storage, and distribution. (Ord.90-41; h Ord 89-06; Ord 93-52) ; L 18.66.060 Additional Requirements - e ea w A. 1. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 _ Sensitive Lands [and Action Areas]; Y` 18.66.070 Interim Requirements 4 ; ,I R. ce In the absen of an addpted desicrn plan, the following issues, under Subsection 18.86.040.A.1.c must be A .y4 M t f i 0 , 4 .i A 5 k...4 4+ }t 5 addressed for new i e e1 oame its as necessary to serve the use and provide for' projected ,puffs facility- needs of } the area, pursuant. to Chapter 18.`164 as determined bre Director. 1. The Cit may attach conditions to an development within an action area p_ r for to adaption of the design plan to achieve •the `following obiectives: a. The development shall address transit usage by . residents, employees and customers if the site is within 1 4 mile of a •ublic transit line or transit p sto , Specific items to be ,, addressed are as follows: (i) Orientation of buidln and fca.l3ties d; ,' �< gagards Transit services to _provide for t direct eedestr . h access into the bui.1dinc�s) from transit lanes or st ns (ii) Minimizing traxasit/auto conflicts providing direct pedestrian access into the building s, wii h limited crossfn s in � automobile circulation/ ark ning arreas.• p _f pedestrian' access crosses automobile circulation/oarkine� areaspatFns shall Rae . marked for pede€�trians t, 4 , (iii) Encoura nu transit-supportive users by irtir�sL _aut aglage sppx Y. 1 services to collector and arterial, s streets;_ and (iv) Avoidin. the creation of small scattered ar ,p_lareas by all©win� ari scent "Y 5 ' ievelo entry to use shared surface ` ark p inci g ar�Cira structures, or under-: structure b. The development shall facilitate pe destrianlbicycle c�.rculati.on if the site is located on a street with designated bi.iseaths "' P. or adjacent to a desig ated creen , 4 space park. Specific items to be addressed .- are as follows: (i) Provision of efficient convenient and pontinuous pedestrian and bicycle traresit circulation systemss linking days]opwents•°aguiring dedication and constr ue. Vi,,i,o�„a of edestrian and_bikehs identai in the comprehensive Plan 1f; direct• connections cannot be made re• ire that, funds in the amount of the construction 1 cost be de �so sited into an account for the J JT 0 •. 4 h p,_, ,, a of ccln t pstructinat r { lila. Separation of auto and truck circulation activities from .edestrian areas- is. Encouraoinca peziestriand oriented ' design by realuirina rpedestrinn walkwa,'s and street level windows aloe• all sides .with ••.nzblic access into the buy l dincas ' i?" (iv) Provision of bicvclearlcing as res�aizced under Subsect,on lS.1.06.Si0.3P: aind 1. a, n (v) Esure ad o ec�aaate outdoor ll.rahtino by lia�htina pedestrian wallcvaays . and auto circulation areas. ' " i c. Coardination of development within :the action area. S•ecific items to be addressed are as ,' follows (i) Continuity andfo�c compatibility of a landscaoinsq,�ci rculation. access,_pubL c facilities and other IHREpvements. t.:• Allow reams aired landsca inra areas to grouped together. Regulate shared access where appropriate. Prohibit liahtine Y .� :T which shines on adjacent property: all Siting and orientation of land use which 4- considers surroundinca land use, or an adopted elan. Screen loadinc areas an4 - refuse deters from view. Screen commercial and industrial use from single-family x de esintial gL_. throu . l.aandscapinqL and (iii) Provision of frontage roacd or shared access where feasible. (Ord. - 89-06: ®rd. 87-56), B. Existing nonconforming industrial structures in the CED m continue to be utilized for industrial gaursaseg .-� beyond the nonconfoing rm use limti.ts of six months tatt •s gj fli.0 18.130.150 C. 23. Children's day care: i a. Applicable Zone: single family and multi-family ° residential, [CSD]; y 3 • 29. Drive-Up Windows: a. Applicable Zones: [any co ercial or industrial zone with an action area overlay] -d:SY',• ` 7 18.66.060 Additional Requirements ,,,,.,.,,.,..-.,,.;,,_... ,; A. Additional requirenients in the CRe district are as ., follow 1. Overlay Districts, Chapters 18.80 Planned Developiuent, 18.82 Historic Overlay District, 18.84 ,,x Sensitive Lands [and Action ,Areas]; nr 1. • • 0 • , i • MEMORANDUM ; CITY OF TIGARD, OREGON TO: Planning Commission FROM: Planning Division ,.a DATE: July 17, 1991 SUBJECT: Proposed Amendments to Development Code relating to the Central Business District (CBD) — ,.. . ..' OVERVIEW Summary: Representatives of Stevens Marine contacted the City regarding how to proceed with expansion of their boat sales and .j` repair facility. The facility is a non-conforming use and would _ 1 not be allowed to expand according to existing code provisions.Outdoor storage is also prohibited by the Action Area Overlay . ri provisions. The request caused staff to give consideration to a . ,';; ,; number of issues relative to the CBD. As a result, staff is proposing a number of amendments related to the improving the , ::' flexibility of development in the CBD and to promote increased development activity. Policlr Implications; Should the City allow boat sales and automotive sales as outright uses in the CED and make other changes to promote development activity. Financial Impact: There would be negligible impact on the budget. 4 , More flexible development code provisions in the CBD could foster increased investment and higher assessed valuation. ` `c ;' Recommendation: It is recommended that the Development Code be • amended as follows: repeal the Action Area Overlay; amend the CBD ` CL, section of the code to include the existing interim requirements of w oo c 1 the Action Area Overlay; amend the use classification for s Automotive Equipment: Sales/Rentals, Light Equipment t6 include L boats; add Automotive Equipment: Sales/Rentals, Light Equipment, J Children's Day Care, Residential Care facilities and outdoor m storage if screened on all sides as outright uses in the CBD; add 0 drive up windows as a conditional use in the CED; and allow the ati ▪ <; non-conforming use of existing structures in the CBD. . ANALYSIS Background Representatives of Stevens Marine met with city staff to request e 14, k• . ._ 5 • information on how to proceed with expansion of the boat sales facility on SW Burnham Street. The Stevens Marine sales and repair facility is a nonconforming use in the CBD district, Outdoor storage of materials, products or supplies is prohibited by Action ' ` Area overlay provisions. y . The request caused staff to give consideration to a number of issues relative to the CBD. These included the heavy commercial and industrial nature of many existing uses along Burnham and ` Commercial Street; the effectiveness and need for the Action Area ° designation; the need for continued business activity in the CBD; the difficulty in finding tenants for structures in the CBD that ,j were designed for industrial purposes; and the general nature of s.'=` uses now allowed in the CBD. As a result of staff review, it was determined that staff was = better equipped to pull together all the requirements of the {: •potential code changes necessary to respond to the needs of Stevens r• - Marine and the long standing issues of the CBD. Summary of Proposed Changes le 4 , Acti .on Area Overlay The Action Area overlay provisions were• developed in 1987 for the purpose of protecting the CBD from activities that were considered inappropriate to pedestrian , ; . orientation of the CBD and the concept of protecting Main Street. (, - The provisions were also developed as a precursor to approval of an , urban renewal district. Because of a broad range of uses allowed .4 s and accommodated in the CBD as well as the inability to proceed with redevelopment efforts and lower property values, the ' provisions have largely been ineffective. They have also inhibited • -' the growth of some of the existing uses in the CBD. s. . t• it While the prohibition of outdoor storage creates ordinance :;44 violation conditions at some existing businesses, the interim requirements of the Action Area relative to transit, pedestrian paths and circulation still have a certain degree of applicability. This is especially true in regard to the design and parkway acquisition needs. The interim requirements are therefore . " suggested to be added specifically to the CBD provisions. • y Use Classification Definition. Presently, marine boat dealers are 4 . listed under the use classification: Automotive and Equipment e* a E Sales/Rentals, Heavy Equipment. This classification is not allowed either as an outright or conditional use in the CBD.id Automotive and Equipment Sales/Rentals, Light Equipment is now s -J listed as a conditional use in the CBD. This classification. includes auto dealers, car rentals, recreation vehicle sales, motor home sales etc. Boat dealers such as Stevens Marine appear to have similar characterilitics to the above uses. The classification Auto ;♦; repairs, light equipment is allowed outright. In many cities, 4-e'-:, automotive dealers were once a prominent CBD use prior to the desire to keep large inventories on site. The proposed change will (ti 2 " ' ' 4 .. ,4' - 1 . 0 make these type of dealerships an outright use in the CBD to help S: . encourage activity in the CBD. While the proposal is to make these uses outright in the CBD the conditional use process is a reasonable alternative. The need for and the consistency of this - use classification in the CBD should be carefully considered. Additions to Outright Uses. It appears that children's day care t' and residential day care facilities would also have the effect of ; increasing activity iu the CBD with little reason for additional review requirements. Outdoor storage is appropriate because of the variety of existing and allowed uses now in the CBD. Requiring screening on all-sides should alleviate most aesthetic issues while allowing businesses to expand and foster activity in the CBD. Drive-up windows. Drive-up windows are now a conditional use in the Action Area. To continue to allow them in the CBD under the ,;' CBD provisions will allow drive-up windows while providing adequate protection against adverse impacts. , Nonconforming Use of Rxistingindu.strial Structures. The continued ` use of existing buildings that once housed industrial uses such as Pacific Red Lion has been a concern. Only businesses of an industrial or heavy commercial nature are apt to utilize these ': buildings. As a result, when the buildings are vacated there is a ;` tendency for them to remain vacant for long periods of time. It is difficult to find uses which conform to the use requirements of the 2' a x r CBD within the six months required by nonconforming regulations.. 4 Redevelopment costs create another j` -{4 pm practical problem. 1" The proposed code changes will limit the extension of the time ' period for the nonconforming use of structures to industrial x buildings only. • 4. d v` e Applicable Planning Goals „ Statewide planning goals, federal and state statutes and Metro goals are not impacted by the proposed changes. The Comprehensive Plan indicates the Central Business District .is: . w4 ' i "The area deemed appropriate for high intensity mixed use m development allowing commercial, office, as well as '; higher density residential uses of a minimum of 40 units per acre. The applicable zoning districts are, the Central Business District (CBD) and the Special District : ° which limits residential uses to 12 units per acre. " a Under Special Areas of Concern, the Plan findings indicate that the 'downtown area contains a broad mix of land uses and that a major concern is to maintain existing businesses in the downtown area and expand the economic potential of the downtown area. The policy ' „ ` under this section states: 3 i';4 .t' + .. f. 'x.'15 4 ♦ S },It. bi i it J; "The redevelopment of downtown shall be accomplished in °r, order to make it complementary to newer shopping areas. Convenience, appearance and the needs of the- shopping public should be primary considerations. s Complementary implementation strategies under the above policy call t for emphasis of the revitalization of the CBD within the economic program and that the CBD is an area of special concern for economic , development activity. The strategies also call for coordination and cooperation with the private sector to promote their - participation in the revitalization of the CBD. Hone of the policies applicable to the CBD directly conflict with the proposed changes. The findings quoted above indicate a major concern in maintaining existing businesses and revitalization. The '" list of the broad range in uses allowed in the CBD exemplifies this direction. All the proposed ordinance °changes will aid in increasing activity by helping business expansion and aree therefore, compatible with the comprehensive plan. NPO's 1 and 2 have reviewed the proposal and have indicated that ;• ;;, the proposed changes appear to be beneficial. Alternatives o o Change the Development Code as proposed o Add changes or modify the proposed changes o Retain the existing code provisions h Conclusion: The proposed changes will aid in promoting development •' activity in the CBD by adding flexibility. None of the changes conflict directly with Comprehensive Plan policies s ,� .' A copy of the proposed ordinance is attached. t, 0 • .a . :iii . i' ,. NOT I E OF PROPOSE ACT LO -- ,'>' Must be sent to DLCD 45 days prior to the final hearing: See OAR 660-718-020 t. a.ITX'OF 7IGARD Jurisdiction , 7-17-91 ',Goal File Number 91-0001 ` Date Mailed ' -' Date Set for Final Hearing on Adoption SEPTEMBER 10, 1993 Month Day Year Time and Place for Hearing TIGARU CITY HALL 13125 SW HALL BOULEVARD, TIGARD, OR .'-97223 ,: Type of Proposed Action (Check all that apply) ,Comprehensive " Land Use :Jew Land Use 15 .• . Plan Amendment X' Regulation Amendment Regulation • :;''' Please Complete (A) for Text Amendments and (B) for Map Amendments . . A. Summary and Purpose of Proposed Action (Write a brief description of the proposed action. Avoid highly technical r''' terms and .stating "see attached". ): ? VARIOUS AMENDMENTS TO CODE PROVISIONS RELATING TO THE ;Moi 40 .. ' -vxv w: •t..s INCLUDING REPEAL OF ACTION AREA OVERLAY PROVISIONS; MOVEMENT OF INTERIM.REQUIRES h• , ,.s,'' . OF ACTION AREA TO CBD SECTION; AMENDMENT OF USE CLASSIFICATION.FOR AUTOMOTIVE AND - t4 • EQUIPMENT: SALE RENTALS TO INCLUDE BOATS- ADD A .1 •;_#J 41,1 *.•s: . :Jul.:13." ,r::;:r,'•4 - 4 AL "« ' LIGHT EQUIPMENT CHILDREN'S DAY CARE, RESIDENTIAL CARE FACILITl AND a ,�, IF t¢ SCREENED AS OUT RIGHT USES; DRIVE-UP WINDOWS AS A CONDITIONAL USE; ALLOW N G • • •`" U ar-DY—EXISTI NG INDUSTRIAL STRUCTURES IN CBD. • f f B. For Map Amendments Fill Out Cite Following. (For each area to ;• ;:: be changed, provide a separate Sheet if necessary. Do not use , ,. 3) tax lot number alone. ): ' V• :. Current Plan Designation:' , ' ,-,''=. - Proposed Plan Designations Current Zone: • • Proposed Zone: Location: • A` 0 Acreage Involved:'; - Does this Change Include an Exception?'' • .Yes No • ' For Residential''Changes Please:Specify the Change. in Allowed Density in Units Per Net Acre: Current Density: - - Proposed Density: . .144, List Statewide Goals Which May Apply to the Proposal: COALS i. AND 2. .,; List any State cc Federal Agencies, Local Government or Local Special Service Districts Which may be Interested in or Impacted by the ' Proposal N/A Direct Questions and Comments To DICK B .FF t, 13124 SW HALL BOULEVARD is TIGARD, OR 97223 (Phone) 639-4131 t . ., . Please Attach Three (3) Copies of the Proposal.to this Form and {< Mail To : Department of Land Conservation and Development 1175 Court Street, N.E t NOTE: If more copies of this form are needed, please contact the DLCD' office at 373-0050, or this .form may be duplicated on green paper.•14. ._ :; Please be advised that statutes require the "'text" of a proposal to be provided. A general description of the intended actioaa is not • �, sufficient. -Proposed plan and land use regulation amendments must be ce sent to DLCD at least. 45 days prior to the final hearing ;:* "%. a (See OAR 660-18-020) . i ': a * • * FOit DIE,CD OFFICE USE * * '*- •i W sB - '. DLCD File Number # Days, Notice • '<pa>proposedforrm • . .a . j , .. ' \` . . �~ ' i t Y: ! 4' I { Jry A A ti f C? i , ri'P k r.' �4' Y .. 1 ., •'.1‘; ri . 1.,,. • C.4♦ ∎\-- .Y •''' . • . • .a. ^ r . el V 1 V ti FIEFIORANDUYI CITY Or TIGARD, OREGON TO: Ed and planning staff FROW Dick E. DATE:June 10', 1991 _ Please review the attached material and let m�3 know if •� you have any ': :., comments. I having some second thoughts about whether auto dealersilboat dealers should he an outright use in the CBD rather than a conditional use. Please let me know if I've left anything , , out or there needs to be any format changes etc. Y.Lr A;: • X 2a.{ .7' • • t k . ,. ... c i r .E 1 i rw i . . �.. ;� .. • ?sA1 : _. ,.. .. '; .i . .{. iY •a.M . .. , "?�+'C,4.Tr Z• � :9 r MEMORANDUM i CITY OF TIGARD/ OREGON {^ TO: Planning Commission FROM: Dick Uersdorff �a DATE:June 10, 1991 SUBJECT: ZOA v Central Business District .11 The Planning Staff is proposing a number of amendments to the ;; Community Development Code that relate to development in the e• t. e*- Central Business District. A3;- i y The proposed amendments include: ',: o repeal of the Action Area section of the code 'j o movement of the interim requirements of the Action Area section to the CBD section of the code o amendment of the use classification for Automotive and `` h` ,A ,i Equipment; Sales/Rentals, Light Equipment to include • 4 • ', � boats *. a o addition of the following uses to the CBD list of outright uses: :. - Automotive and equipment: sales/rental light { equipment LF' - Children's day care Residential care facility en Outdoor storage if screened on all sides �". ' ; o addition of drive-up windows as a conditional use in the CBD o addition of a provision to the interim requirements of y the CBD to allow the nonconforming use of existing industrial structures in the CBD o the above changes wil3 also necessitate editing amendments including removal of: (1) the CBD listing a {.; from the applicable zone provision for Children's it A ': s ,' n '1, ti ,a . Y , `a . e.- .- - e- 4 'J ; r '. 4 Yj y 4 f: T-='. .,;* ,4 4� i .J L Y { '61 day care; (2) the words "any commercial or industrial " :� zone with an action area overlay" and the addition of �j CBD; and (3) "and Action Area" from the listing of ;'' �� additional requirements in the CBD 'x Background Representatives of Stevens Marine met with city staff to request 4 . , P. information on how to proceed with needed expansion of the boat sales facility on SW Burnham Street, The Stevens Marine sales and repair facility is a nonconforming use in the CED district. Outdoor storage of materials, products or supplies is prohibited by Action Area overlay_provisions. e. d The request caused staff to give consideration to a number of 144 �: issues relative to the CBD. These included the heavy commercial e and industrial nature of many existing uses along Burnham and Commercial Street; the effectiveness and need for the Action Area t,,.,, designation; the need for continued business activity in the CBD; :,4' the difficulty in finding tenants for structures in the CBD that dH.. r_ " were designed for industrial purposes; and the general nature of uses now allowed in the CBD. As a result of staff review, it was determined that staff was rx: better equipped to pull together all the requirements of the ! - potential code changes necessary to respond to the needs of Stevens - s Marine and the long standing issues of the CED. ' Su unary cif Proposed Changes 'f Action Area Cverla_y. The Action Area overlay provisions were developed in 1987 for the purpose of protecting the CBD from activities that were considered to inappropriate to the pedestrian orientation of the CUD and the concept of protecting Main Street. -1, Because of a broad range of uses allowed and accommodated in the o0p`9 CBD as well as the inability to proceed with redevelopment efforts l,sn • w and lower property values, the provisions have largely been ;�ew..�- r' ineffective. They have also .inhibited the growth of some of the �° e"�_ ` d existing uses in the CBD. � �s' - vttyy GMs rJ0•h RI While the prohibition of outdoor storage creates ordinance ,, 4.a violation conditions at some existing businesses, the interim 6,.1 : _ requirements of the Action Area relative to transit, pedestrian paths and circulation still have a certain degree of applicability. This is especially true in regard to the design and parkway acquisition needs. The interim requirements are therefore w `> suggested to be added specifically to the CBD provisions. Use Classification Definition. Presently, marine boat dealers are listed under the use classification: Automotive and Equipment Sales/Rentals, Heavy Equipment. This classification is not allowed :. either as an outright or conditional use in the CID. ee yk. ',s." . Automotive and Equipment Sales✓Rentals, Light Equipment is now A 4ir 4 , }'' ' ° listed as a conditional use in the CBD. This classification • includes auto dealers, car rentals, recreation vehicle sales, motor home sales etc. Boat dealers such as Stevens Marine appear to have similar characteristics to the above uses. Auto repairs, light "'. equipment which includes the sale, installation and servicing of automobile equipment and parts, is allowed outright. In many cities, automotive dealers were once a prominent CBD use prior to the desire to stock large inventories on site. The proposed change -`' will make these type of dealerships an outright use in the CBD to help encourage activity in the CBD. AdditianA_ISLIMIVeiagLihEMLn It appears that children's day care and residential day care facilities would almo have the effect of increasing activity in the CBD with little reason for additional review requirements. _ Outdoor storage is appropriate because of the variety of existing • .! and allowed uses now in the CBD. Respiring screening on all sides ri' should alleviate most aesthetic issues while allowing businesses to =" :" , expand and foster activity in the CBD. , Drive-up windows. Drive-up windows are now a conditional use in , the Action Area. To continue to allow them in the CBD under the '4 = :4a CBD provisions will allow drive-up windows while providing adequate ' protection against adverse impacts. Nonconforming Use of Existing industrial Structures. The continued ',- use of existing buildings that once housed industrial uses such as " Pacific Red Lion has been a concern. Only businesses of an industrial or heavy commercial nature are apt to utilize these buildings. As a result, when the buildings are vacated there is a er` '` tendency for then to remain vacant for long periods of time It is difficult to find uses which conform to the use requirements of the CBD within the six months required by nonconforming regulations. < > Redevelopment costs create another practical problem. o The proposed code changes will limit the extension of the time L `<,` period for the nonconforming use of structures to industrial buildings only. , pp ' E Applicable Planning Coale Statewide planning goals, federal and state statutes and Metro +. goals are not impacted by the proposed changes. The Comprehensive 4 M Plan indicates the Central Business District is: "The area deemed appropriate for high intensity mixed use development allowing commercial, office, - as well as higher density residential uses of a minimum of 40 units per acre. The applicable zoning districts are, the Central Business District (CBD) and the Special District which limits %.,- residential uses to 12 units per acre. " i ,. ., Under Special Areas of Concern, the Plan findings indicate that the u r: F o • downtown area contains a broad mix of land uses and that a major • ,: concern is to maintain existing businesses in the downtown area and expand the economic potential of the downtown area. The policy under this section states: The redevelopanent of downtown shall be accomplished in order to make it complementary to newer shopping areas. Conveniences appearance and the needs of the shopping public should be primary considerations." Complementary implementation strategies under the above policy call for emphasis of the revitalization of the CBD within the economic '. program and that the CBD is an area of special concern for economic development activity. Th_ strategies also call for coordination and cooperation with the private sector to promote their • participation in the revitalization of the CBD. { `>> None of the policies applicable to the CBD directly conflict with le the proposed changes. The findings quoted above indicate a major a concern in maintaining existing businesses and revitalization. The list of the broad range in uses allowed in the CBD exemplifies this direction. All the proposed ordinance changes will aid in incre•=:sing activity by helping business expansion and are, therefore, compatible with the comprehensive plano j x A copy of the proposed ordinance is attached. 1,. • • CL • • • .• CITY OF TIGARD, OREGON ORDINANCE NO. 91- • AN ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE PERTAINING TO THE CENTRAL BUSINESS DISTRICT (CBD) INCLUDING: REPEALING SECTION 18.86 (ACTION AREAS) AND AMENDING SECTIONS 18.42 020 C.6.h (AUTOMOTIVE AND EQ JIPMENT: SALES/RENTALS LIGHT EQUIPMENT) ; 18.66.030 (PERMITTED USES) ; 18.66.040 A. (CONDITIONAL USES) ; 18.66.060 A..1. (ADDITIONAL '. REQUIREMENTS); 18.66.070 (INTERIM REQUIREMENTS) ; AND 18.130.150 C.23.a 0 & 29.a.' (APPLICABLE. ZONE) (ZOA 2 .91) WlEREAS The City of Tigard finds it necessary to revise its Community Development Code periodically to improve the operation and implementation of the Code; and AREAS, certain provisions of the Code concerning the Central Business District conflict with existing conditions, existing businesses and buildings in the CBD; and WHEREAS, the City of Tigard Planning Commission reviewed the staff recommendation at a public ,hearing on July , 1991 and voted to recommend s.< approval of the amendment to the City Council; and WHEREAS, the City Council held a public hearing on August , 1991 to consider 1. the amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS: is Section 1: The Community Development Code shall be amended as shown in Exhibit • "A". Language to be added is UNDERLINED. Language to be deleted is shown in [BRACKETS] . • Section 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor/ and posting by the City Recorder. f PASSED: By vote of all Council members present after being read by number and title only, this day of , 1991. • Catherine Wheatley, City Recorder • APPROVED: This day of , 1991. Gerald R. Edwards, Mayor ORDINANCE No. 91- . ". Page 1 „. • IMF Approved as to form; City Attorney Date • • • • • elf { - it • • • • CC 1. OQ •- '.. ORDINANCE No. 91- Page 2 • , 4 Y':i a, . ..z .f i .. a ...f i .j' -r;1 v. '2:'-f .. :�.. d •7• •••••,:.••••.' w�.� 6 - J EXHIBIT "A" CHAPTER 18.86 is hereby deleted 118.42.020 C. 6. h. Automotive and Equipment: Sales/Rentals, Light Equipment: • • Sales retail or wholesale and/or rental from the premises ,,'' of autos, noncommercial trucks, motorcycles, motorhomes Q boa a i and trailers with less than 10000 pounds gross ': cargo weight together with incidental maintenance. Typical uses include automobile dealers, care rental agencies, boat dealers, or recreational vehicle sales and rental agencies; 18.66.030 2. Commercial use types: c. Automotive and equipment: (i) Cleaning; > (ii) Repair, light equipment; and 5 s i�-gam. SalPSdrental hc�. ec ipinent; 18.66.030 3. Residential Use Types (See. R-40 and R-12 for development standards): f., Children's day araxe; [f. ] h. Family day care; 1. Residential care faar�i,l itv,_ 18.66.030 7. Outdoor storage if screened on all side `.; 16. 18.66.040 Conditional Uses (See Chapter 18.130) 3. [Children's day care;] peltykrimiLlalgme, /See standards contained in Chapte�c 9 .1.301 s w8. [Residential care facility; ] is [9. ] $_ Vehicle fuel sales; and [10. ]2 Wholesale, storage, and distribution. (Ord.90-41; Ord 89-06; Ord 93-52) ; 18.66.060 Additional Requirements f `•yam . , , i.. A. 1, Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 ' r'- - Sensitive Lands land Action Aireas]; , > 11,11g ®?® Intern l ez�aireaaeex:te A. In the absence o an adooted desirin lan tx the fo]Mlowi.nar issues; under. ubsect on 1: .8• .`I 41 must be t. ddressed fo. ,w ev-. 0. etc .3 nececsas: .o se ve the y 1. use and •rov. de . .„ . ected rub i.c 'facilit `11=e•s of• ' tine a pursuant �co Cha ster. 10,4164 as xdeternai ne�l y the , F� - Director. ,,. 1. Cho City , a� attmch co di 'oils to amy_sdeve.la -',',0: # - within an action -area xir,or to adoration of the des a.crng flan to achieve the tollowincL ,1ectimres: a. the �levelc p.u. it dial add s transit usage by res yesidents plovees,,. aired custosr�ers i.f . ti e site as in�ithx 1 4 z / 3,a.l® of a publ is transit { ' l,,.ne or transit stop. S'ck ocif .c tens tom,�e sddressed areas follows: ,11.1 Qr3.entati oaa _off buildings ar_4,m„facilities .' towards transit ff ertYic es t0. m3rcIVide for + direct pedostrn access into the } r buildIng(s) from transit]L_ s�or stop j , i. { f Y i.i. Minimig_ing transit,{auto conf icts3 y , a prow .dim_diarect pedestrian access into the build c with limited cross .ngs in ' automobile circulation/ parking areaa. xf ,pedesfirian access crosses automobile circulation/parkin areas e oa±-hs sha.11 be s. ,.-:.-,' ,°- marked for pedes ; t . 4 _ i' (iii) BncoLiras indt trans l.t+-s1AppOrt7.Ve users, „, hM limiting utoiuobile sianp®rt }' services to collector and arterial , E. streets; and 0 ,t iv AvoidincLthe creation of small scattered) parki.ny areasby al.lowi.:nq adi accent looments to ease shared. surface - parkig •Rarlcinc structures,or under- - structure parking b. The cieyefla„p •ent shall facilitate pedestrian/bicycle cicaxlation if the. site is • located on a street with:desi.gnated bi.l~epaths sr ad agent: to a deli g tted , areenwa o n ace/oar. . ' Sdsecafi.c items to . be :addressed , are as follows: ' , 4.r I ,K p ti a • j ; ie r . l 4 a: a 1 ,IP +k:: 4 P avis •on •if of_. :e t con enient a d c! continuous pe esl rian and bicycle transit' circulation = .te.es linkin• deve o•:!rents 4 b re. irins de•icat on and co structio a :edestci= and in 7 ke•aths identified the com osehensave pl asa.,__; xf direct connections cannot be made. e�asi,re t at funds in the asmount of the construction * . cost be dos epited into an account fox the t T rni A .se o co st: etin• .aths• +; . i..). igm ation of ado and track. cirrculation activities from oetAestrian areas z .-. (iii) Encouragingg iaedeatri an-oriented .es'• t re• irin., •edestrian Bras kwags and street level wi.ndosas alonq,_,all sides with t�ubli.c accent tt�to the b>s,ild .nca• x s (iv) RXRIELEk2nQf bicycle parkins as required 4' under Subsection 10 lO6,020 P; and im). Ensure adeeluate outdoor l ting by i.htin• edest an walkwa s and : auto circa agiori areas ,> g_.. oord.inati, z�: of level pment within the action {ti area. Spec..fic ite�es to be addressed are as follows: (i) Continuity and/or comnati.bi,lity_ of ` , lands asin circulation access sublic facilities and other i egovements.._._. ' .Z�1.?oua reQUSired l andscas�inca areas to be ": groped together. 4late shared access where a 'no•riate. Prohibit l.i.htin. q wh' h s ines on ad acent '•ro-•ert • • ii 3.tin and orientation of land use which a. considers surroundin• land use or an ado•ted L►ian. Screen loadi• .• areas and .' a refuse clumpsters from view. Screen commercial and industrial use from sine .etmfasnil y residential through C� landsca„ginc : and • • (iii 1 Provision of £ronta¢le roads or shared access where feasible. Lord. 93-06 R Qrd. S7 X56) t: x B. BXis4:in a nonconforming irdustri.al structures i.n the' CBD sr continue to be uitili ed for industrial. nurmosLes .. ,._ beyond the nonconfornnin_g uase limits of si.r months. 18.130.150 C. 23. Children's day care: ae Applicable Zone: single family and multi-family residential, [CBD]; 29. Drive-Up Windows a a. Applicable Zones: [any commercial or industrial zone with an action area overlay] CBD; 18 a 66.060 Additional Requirements Additional- requirements in the CBD district are as follows: 1. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, 18.84 4 • Sensitive Lands [and Action ..Areas], . • • • aW ,� .. • . , . .• .. , . .-,„ 9 • . ., . , , , , . `1, >, fir, r' „1.!`1 .,..'�' `''`' t .+ _ Just a brief bit of background /0 ,'44.*-- '• ` P Staff is proposing some amendments to the City's Central Business ` ti; District regulations: .; These include: -including boat dealers in the Automotive Equipment: Sales/Rentals, Light Equipment claste°A S -adding Children's Day Care and residential care facilities as allowed uses . .. -adding outdoor storage as an allowed use if screened on ' - • „, all sides -adding drive-up windows as a conditional use , ': ,0. ` .° -a ng j�.4-k,.,. J. G-� krQA � c.-s........-/-- -allowing the( nonconforming use of specific industrial i structures in the CBD beyond the normal six months F : expiration period - k , ° -a 6J FF { -In addition the proposal repeals the Action Area Overlay s = provisions while adding the interim requirements of the AAO in the ) t* a' h CBD This proposal was drafted after representatives of Stevens Marine contacted staff about expanding their boat sales facility which is n L now a ,nonconforming u e --'� -°"n-g 4. 7 -4�'-'�°`9 `� rY _ �r R L„al p C o ,tS, c. p,- f'r i9•r nonconforming , srf C� rf .y,. .6..R..............--n. ' "^6e. %1 T-�t.� cu1 ti'lfr- The modification are not seen as an end-all solution to CBD ' development but are a means of generating development activity and adding some flexibility ( ., � item on Sept. 10 and haid questions about which buildings would be designated as non-conforming industrial structures and also about screening requirements }taj; —Staff has modified the proposal to specifically list the r , 1 industrial structure-7as indicated on the map enclosed with the -w'4.) +. , It 3acket ^tk R".SlL nY� 51-0 1 .1-1-.co...) �ca._.~�� Gv' / �nnJ.- 43^+-.�v'- (,,rr,�oA-�u^8 ! -We have also provided a copy of the City's screening=b8)p �' >t(tJ standards as adopted and amended in March of t as ear --- ✓ A. �^ •� `h�4 YL'G'v �r� CCA.e.. .Cain., .. .Pi"43.- 1 ,n-JC e.u..-G� r..•1 rera air.C-.� paha,Vu's.. 1 +®, t fir, fX It is my understanding that there are persons here tonight who ela;� ', w t' y /would like to testify regarding the Central Business District , , J ,ar 4:� g 41 :,e 1,41 , � 1, .0/ . _:, .1.: I 6, VG ._ciY7 4,*. X:,te.k.4-N--, 4(2.4„,c,.., 4.4„,,,,,J-f a. , , . .. ` pi_ - e®- - .. I, tam C � a° � � , ,N,,,-! �, (J f