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ZOA93-0006 POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. - ...-:. .., -, ,-,•-. .." -, " •.-1 ' •'.<",.`'.••,.',. - ':--,`.•• ‘. ''•••''.::.• ','' t 1''' 6.1 r ik .i'tt''t t' . 71(.1' *n Yieets4. , • „. ,, IP-tt.Infide ~'''.- • *onstruction Contractor's Prof, Offices ..„ . :).•::..s. ' . :. ' ........::;., , , .:' . , '.- 1,:••••:.'-..' ' ,. • '.'' .', .. ':'.:•" ,'•••••••,.-.„ ' , .■ • ,,,. . .• .7'.'..''.. ■-• , . • , .,' •.•,. ...:4``4 . t • "..., '0 C • ;' '..-*..•... ' • ,*, • .^, . .,.., 1'•••;',.,' '' •' ' .,..; '• ''' '•.",'...•:,, ., '.. •-1,t•',•••• ■',..'i".....'. '.• . .r. „,ti 7*, •'a , •,.'3.' •• c• i '•,' Yi.•--'. 'I . . . . . , , 1 • -- .f. ,....‘,., . . .. . ,.. . -, .., , '1,-•....,..,. 1,-,....,,,. •4.'7 r 4 ■ % „,„.• ••, u) .. t.. 4 -, . ea • - 0 '-,, u.1 ,•• . . 4 ■; s, •'.,:'.,,' , . '- -0 . • ” r .1;:,-.•1 EP/. ! ., ■",,.',':-4*.., . , I ' .. I .. . .1...' t• , • ..... .' ., '',, • ,... 1..; 2,•: _,A1,1' '''..'■,'..1..,.','', :). '..,■,44.:11:1 •..',' ‘, r. 2.,'!..:' ,_...::„ '.'•4( ' -.4.:Wr!. ' ...'.. '. ' .'',..' ..:' •L'':.. ... : V, 1 '.t'' ': '...5,:72„ •,..} •••,-', 4 1,—,., . ,.,:1„,:.:,".4■:.:4. '.r- PROPOSAL DESCRIPTION •,1., FILE NO.: ZOA 93-0006 'z' a +;. FILE TITLE: GRILLO / HUGHES COSTRUCTION APPLICATNT: Joseph Hughes Construction OWNER: � c\o Phillip Grille 319 SW Washington, STE 920 Portland, Oregon 97204 ':',fir:• a ;'- ,.:. REQUEST: A request by Phillip Grillo and Joseph Hughes' Construction to amend Section 18.64.040 (A) of the ='; : 4'..2•I ' City of Tigard Community Development Code to allow Construction Contractor,s Professional Offices as a conditional use in the Professional Commercial zoning district. 'I' " *.' APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.22.040, ;°:, 18.64.040 (A). LOCATIO : CITY WIDE --*'. , NPO NO. #1 - #8 PHONE NUMBER: • CHECK ALL 1,QHICMI APPLY: :, ' STAFP DECISION COMMENTS ARE DUE .BACK_TO STAFF ON 1993, i,y'. 4.1.Yj,„%L-. XX 09 PLANNING COMMISSION DATE OF HEARING: 20"93 TIME: ? HEARINGS OFFICER DAYS OF HEARING: TIME: CITY COUNCIL DATE OF HEARING: TIME: ,: ATTACHMENTS XX VICINITY MAP LANDSCAPING PLAN XX NARRATIVE ARCHITECTURAL PLAN y` SITE PLAN ___ OTHER • •••; STAFF CONTACT: Victor Adonri - 639-4171 rf D. 44 t a vP 'a?. r i'a 1 }a 0 r' .r4 *,4-..'•,.i:.; ,,L• d i . .} l it A t i : -:-1*i•. l� ,t 4,.14-4:,,,,,,-:,...„,.;,.., rye .. , k � •�+� M4 f s 4. � 4, Sy t•. K 0 4 , , 1 l ►. CITY OF IG rn) EOM s. i COMPREHI TSI E PLAN AMENDMENT/zONE CHANGE 0 0' :r IANL'E A.ks .1)yir. APP r . 1:, 1 CITY OF TIGAR:D, 13125 SW Hall, PO Box 23397 yet 1 Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY •' CASE NO.Zoo- 93 — 0066 ' ' OTHER CASE NO'S: / RECEIPT NO. c"?..3 a`Y `i'� r + APPLICATION ACCEPTED BY: 09 DATE: _12:::112_:_23----- ' j '' 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION 7O 36— sr...) .-tb-- S-f. L.//-1--A) Application form (1) �, j/ (B) Owner's signature/written 4, TAX MAP AND TAX LOT NO. ( T 1 5 Zof dod authorization °k e;:.S i a 00 �(C) Applicant's statement 4 ; {a 1 SITE SIZE A ,,, ' zO $SI >;, ,, (pre-app check list) ' ' PROPERTY OWNER DEED HOLD * (D) Filing fee ($ S . ® -) ' ADDRESS 55 75 SW Elm PHONE 824_ Additional information for Compre- 'Ft , -i I CITY W &r ZIP — si.ve Plan Map Amendments/Zone Changes • 1 APPLICANT* AA . f- No X. e u ate ,�.tc'. (E) Maps indicating property • Ix I ADDRESS 'Sl°( 5,t...) u945�..sr_ S-{-• PHONE 27 3/a0 location (pre-app check list) CITY 224 ZIP g74c, y (F, - ' . , *When the owner and the applicant are different in eet ,• k ;,. a people, the applicant must be the purchaser of record (G) Assessor's Map (1) or a leasee in possession with written authorization �(H) Title transfer instrument (1) '. from the owner or an agent of the owner with written authorization. The owner(s) must sign this '` application in the space provided on page two or . 71 submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: 1 `' 2. PROPOSAL SUMMARY ?, The owners of record of the subject property FINAL DECISION DEADLINE: 'z W request a Comprehensive Plan Amendment (if COMP. PLAN/ZONE DESIGNATIO : applicable) from to '� t'+l % , `.. .�. ro C-1" and a Zone Change from to ' N.P.O. Number: _1:_' OR The applicant requests an amendment to the Planning Commission Approval Date: r ` following sections of the Comprehensive Plan _, , or Community Development Code , JJ 464,;140,• 4 . r C ,y r " City Council Approval Date: - 0737P 23P cify C-p 7-o ,' ' Rev'd: 5/87 ,,. y ..,y. +.i»; b 1 :i•J aV..,, ' _,;' -."` t.'.«;d 1 , 4 t a , �, .r;. M1 to .. ,,� s ,,_ 3. List any variance, conditional us s, or other land use actions to be considered as part of this application: Ohe ' • . ., ,� ,.• 1•.. -C. 4. Applicants: To have a complete application you will need to submit attachments. 'described in the attached information sheet at the time you submit this '` L^« application. ••. `IS3 5. THE APPLICANT(S), SHALL CERTIFY THAT: A. The above request does not violate any deed restrictz!ons that mag be f . ..; atiacbed to or ir►poced ugsaa the subject property •;. y, R. If the application is granted, the applicant will exercise the rights. :, granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, .. .."...1,.:±,` attachments', and exhibits transmitted herewith, are true; and the °r applicants - so acknowledge that ` any permit issued, based on this .'','``= application, may be revoked if it is found that any such statements are `; false. .t...- '. D. The applicant has read the entire contents of the application, including -.. the policies and criteria, and understands the requirements for approving ..:..' ',4,'. or denying the application. , t , tSR {; DATED this day of _CLs: ,,. ?i 19 c� SIGNATURES of each owner (eg. husband and- wife) of the subject property.- ,, - '' :•.:*:„. e :: .6111211±2 1 OSer 14.5',.$S 115�� C{i0 -•F�O( .4 'e ' .: '' '.., "_j_e_jra :, 144.-7240..- IT.A•eic64-1 X.--le:A .-.1=Cr. —L------o4-'1- ■'....-, ;a.`-,, M1 -.,s us .. tti i•, 0...: rn -ii (KSL:pm/0737P) •, Kv • b ✓ .;.f.• {,ms,+sF r`,'c.''''''''..-' `,7,n!': .,,' :r ,w r-x*-. :!::� gi•:,aer,c#44: '.*.[. li i dr . r t=e.^ $1yt:, . .,,4gg 1 i?t-A f�sg. >ta4! si ZIi r(1rr .a f t _y"' FrO�4. .4 n ., 4 r+a $ fl,,s..3. :. ,dV, • A444 � � ,. ' •,fi, s s 3 L� W P � x r.i'; -•,$. .`, a 4 ?t -#4:-.•:'';;I:.:..-.: ,C^� ' � " . is ,45.:t * b 3 .�:"%rst: ,J,. . a" E `, n l',,,,:;,,; ro , q 4 .c> * i �r�,4.' - -,,'F'''.. , - sr� J G ' � F t 'rh {•'{ '� . d'• f, FA * � : cC' t.:j � a c. �,,' �- '�,' -$ �r it�, 4 ` T ' E 'A� �u a� it r 'Y 'r . "„ ' r - 't '• .', � u{.� � 4'- -: .-ET\f QF 1 t6�I4tio RtelO C3F PAVt1EN.T F G APT 14p i r :� , , � lsN 'U � Atilt � a -��3� LC5, - ��L�� 5 � . C 3N t CT `� � j SS; �33 i ASHt C TQN, 9 ` l� L v { , ��/{ 1� i t " i 5 , .i.W'o}#T�„.PIND t S 1 eoN, p s.... "'4+��'' ' r ` c ";•:-.''' 9 ! ..1;;:_r...."';..'"%'-,.3r. fur i : I ' , F• `` 1:4'URpO e tF' PA' rp1E N1T c fTh*3UNT pA�D? , �PUU1'1P9PE' 3 A.A'.M NT A?4O1.1NT' P • � F .{.•I,. 'i'-y'�ap_. 'eeifyy .1..�� cyp"...,:e .' �.:.--,-1, ':,, -.-, ,,.-yq.-- f. -, 4 -' - {4 If L til tjr tJl!M1E P MJ ZO 93.4.,0 iJ i ci Te S , ' .�.� {.^T - < ; r x • i d- ki 7} A < -' ,. r1 r, .•r ( S fit r _ r _ _ a t 1 < - i,SY• try L r¢• a t - g �, '- t � -� � - #� u r ONE 0146 NANCE AME'4DMEWT ! 11 -: ' rC'C i141.. AMOUNT PAID '. } '.81"0'..0e C b � ....',-.',-...':.:-.,.:•.--'.".:' ,�7°^ y •, '�*"2` "......��,,r,�°`q`�Jr•..�`.'�- `r s t��i pg � �V �,}^- r .i ;4- c t A� - p. fi L r'- - r"G fi i,4 '�'y rk -�,.: w�t '` J. 1 4. i,_t4 b5 -, 5r [r r Ftr.ty &�i; w� E sJFS,, t " a 4- mil a jP u .„:,;=-.,:,4,:4,.•.,•-,•,•.- ' }' „.,k. 8 {'r•• ..-.:,.; ,--.,,:,v.7.-',.,----., r rY;;., . G"'xa'us'i m"u...• Y` .,, ray .,.fie '�. 6?E+rl�-ti.-^.. . -_j=_(""'w!s-trir�°T��awu';..�1"° �"r+`:;w,,.-c.�:xam„�+;.msy1<.�..«l.ts }` ....tom%1sw+' "?'4 'r, t • f Ii • . . . .(. 4Yv 2.''::'; } z �; - 5 • 0 . i E. GRILLO, P.C. Attorney at Law & r Hearings Officer 319 S.W. Washington Street Suite 920 -,-- Portland,OR 97204 August 9, 1993 Phone: (503)224-3609 Facsimile: (503)228.6032 Victor Adonri Cellular: (503)7994576 ' < •:<-. Assistant Planner City of Tigard QA 13125 S.W. Hall Blvd. Tigard, OR 97?23 Dear Victor: j : s. Enclosed please find 15 copies of our Zoning Code Text Amendment 1Y» regarding Joseph Hughes Construction, Inc. Also enclosed is the ,, signed Zoning Ordinance Amendment Application. This has been Y f� signed by the owner of the property, Hampton Partners and by Joseph Hughes Construction, Inc. , who is the prospective purchaser. As you know, I represent Joseph Hughes Construction, Inc. I have also enclosed a check in the amount of $310 to process the zoning ordinance amendment. I am hopeful that this matter will be heard by the planning commission in late September or at the latest in their first y meeting in October. Please let me know if any additional A information is required to complete this application. As you know, time is of the essence in this matter. Once again, thank you for 1 your continued assistance in this case. ' Sincerely ,,riT7, ./. 7.. 7411 m t=„ Phil4 E. Grillo € Attorney at Law -, PEG/smw M cc: Joseph Hughes 0 ILI 1 1 y • IP is .,+ x t r='a " : .• ' 1+. .6 . .'!• 1 , .4,4• . r., §°•, 44.. 3a' a.:'' ,x, ...'�� ... Y .�,.?. 4. '"4. w.:, Chapter.'18.64 0 ' C.-P.: PROFESSIONAL/4MINISTRATIVE OFFICE ' COMMERCIAL DISTRICT Sections: 18.64.010 Purpose ' 18.64.020 Procedures and Approval Process 18.64.030 Permitted'Uses gee 18.64.040 Conditional Uses (See Chapter 18.130) 18.64.050. Dimensional Requirements ` �ey i, , — 18.64.060 Additional Requirements . , 18.64.Q 10 Purt�ose A. The purpose of the C-P zoning district is 1. To provide for groups of businesses and offices in centers; 2. To accommodate the location of intermediate uses between residential '`z '= districts and areas of more intense development; '-:. ,, I,-;: 3. To provide opportunities for employment and for business and 'S professional services in close proximity to residential neighborhoods Rv and major transportation facilities; 4. To expand the City's economic potential; 5. To provide a range of compatible and supportive uses; and 6. To locate office employment where it can support other commercial. uses. A ( B. The trade area will vary and may extend outside the community. This zone is 4 ;' `:{. intended to implement the policies and criteria set forth in the comprehensive plan. (Ord. 89-06; Ord. 83-52) 1864.020 Procedures and approval Process , : A. A permitted use, Section 18.64.030, is a use which is allowed outright, but is subject to all applicable provisions of this title. If a use is not e:: listed as a permitted use outright, it may be held to be a similar unlisted ' use under the provisions of Chapter 18.43, Unlisted Use. B. A conditional use, Section 18.64.040, is a use the approval of which is '1 'N ,>'.. discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. if a use is 0l. not listed as a conditional use, it may be held to be a similar unlisted use , QC , under the provisions of Chapter 18.43, Unlisted Use. (Ord. 90-41; Ord. 89- 06; Ord. 83-52) ;. w 7: �1 , t �_ .' Revised 1/17/91 Page'130 , `x r " ' 18.64.030,_ Permitted �Us A, Permitted uses in the C-P district are as follows: `' 1.. Civic use types: s;' • *`1'd: I`. a. Public agency administrative services; b. Cultural exhibits and library services; c. Public support facilities; ., :,.r d. Lodges, fraternal and civic assembly; e. Parking facilities; • --%.,- ‹ f. Postal services; and g. Public safety services; 2. Commercial use types: "` a. Animal sales and services: (i) Grooming; and „' _ (ii) Veterinary, small animals; - t..' b. Building maintenance services; . c. Business equipment sales and services; d. Business support services; e. Communication services; f. Children's day care; '. ll.--2 g. Financial, insurance, and real estate services; h. Medical and dental services; e. • i. Participation sports„ h p and recreation: (i) Indoor; and '`1. -'''.-:' J (ii) Outdoor (not to exceed ten percent of the total square footage within the office complex) ; ,k a _ '. 3• Personal services, general; 4.. , k. Professional and administrative services; Revised 1/17/91 Page 131 a '+` 1. Res*h services; and 0 `j. ' m. The following uses, separately or in combination, shall not ,a,:,=^ } exceed a total of 20 percent" of the entire square footage within ?.; :,,• the development complex: (i) Convenience sales and personal services; , • ' '" s (ii) Eating and drinking establishments; and (iii) Retail sales, general; 3. Residential use types: `-,-;; ': a, Multiple-family residential units as a mixed use in conjunction, � _ :. developed at R-40+ standards, with a commercial development, , , , only in the CP District within the Tigard Triangle and the Bull =' <- • Mountain Road District, on or above the second floor of the structure; ';. 4: ; b. Home occupations subject to provisions of Chapter 18.142; • c. Family day care; ' r'°4'• L ' 4. Transient lodging/restaurant (on the same parcel); 5. Temporary use; • 6. Fuel tank; or •;�` ' ,, 7. Accessory structures. (Ord. 90-41; Ord. 89-06; Ord. 86-08; Ord. 85-32; M A.I''.: Ord. 84-73; Ord. 84-29; Ord. 83-52) 18.64.040 Conditional Uses (See Chapter 18.130) ' ; . ; A. Conditional uses in the C-P district are as follows: it `V'• " :' .' 1. Heliports, in accordance with the Aeronautics Division (ODOT) and FAA; • ': ; 2. Hospitals; • i• s 3. Utilities; and '.:" 4. Religious Assemblies, (Ord. 92-15; Ord. 89-06; Ord. 85-32; Ord. 84-29; Ord. 83-52) :. '"'`� 18.64.050 Dimensional Requirements a. A. Dimensional requirements in the C-P district are as follows: 2 a1. The minimum lot area shall be 6,000 square feet; L ` ; 2. The average minimum lot width shall be 50 feet; -.' tag 3. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, f 614 the minimum setback requirements are as follows: a. There shall be no minimum front yard setback requirement; however, conditions in Chapters 18.100 and 18.102 must be met; ti' _` • .` Revised 05/05/92 Page 132 1 {. . °,i 1 .- .N} } „,' a .r _ ,,,i.s: r l 1' -4 7 K h... 4 Z. *'', .' b: On ner lots and through lots, 411ke shall be no minimum set ack requirement; however, the provisions of Chapter 18.102 • .r •, must be satisfied; Y ; c. No side yard setback shallbe required except 20 feet shall be ' required where the C-P zone' abuts a residential zoning district, ' ee- d. No rear yard setback shall be required except 20 feet shall be • ti required where the C-P zone abuts a residential zoning district; :: and '�'" •' �'' e. All building separations shall meet all Uniform Building Code `' : requirements; •- ;': : 4. Except as otherwise provided in Chapter 18.98, no building in the C-P `'' zoning district shall exceed 45 feet in height, 5. The maximum site •coverage shall be 85 percent including all buildings 4. and impervious surfaces; and :{ 6. The minimum landscaping requirement shall be 15 percent. (Ord. 89-06; ' ' Ord. 85-32; Ord. 84-30; Ord. 84-29; Ord. 83-52) '4y ' 18.64.060 Additional Re z A. Additional requirements ,}, ;_iy quiremenrs in the C-P district are as follows: °'' 1. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 2. Supplemental Provisions, Chapters 18:90 Environmental Performance :�;; Standards, 18.92 Density Computations, 18.94 Manufactured/Mobile Home °_i '','' • Regulations, 18.96 Additional Yard Setback Requirements and Exceptions, -`•f C 18.98 Building Height Limitations: Exceptions, 13.100 Landscaping and Screening, 18.102 Visual Clearance Areas, 18:104 Fuel Tank Installations, 18.106 Off-Street Parking and Loading Requirements, " <r* 18.108 Access, Egress, and Circulation, and 18.114 Signs; ° - '.., 3. Site Development Review, Chapter 18.120; e - , 4. Development and Administration, Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses, '' 18.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible' Setback Standards, and 18.150 Tree Removal; and, 5. Land Division and Development Standards., Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning - Lot Line j^ Adjustment, and 18.164 Street and Utility Improvement Standards. (Ord. 90-41; Ord. 89-06; Ord. 83-52) e* 7'. iii V.; + Revised 1/17/91 Page '133 ''' • , J..Y: . , '` 'j Y { . ...*..;:5,. 1. ... • l 1„:,,,,,,, >'> 41. d 1...., t' , + i '. 0 ... 0 , • CITY OF TIGARD 1 E:, Washington County, Oregon NOTICE OF FINAL ORDER - BY CITY COUNCIL i t t 1.. Concerning Case Number(s) : ZOA 93-0006 2. Name of Owner: Jose.h Hushes Construction ra Name of Applicant ip Grillo 3. Address 319 SW Washin tats Suite 920 City Portland State OR Zip 97204 . 4. Address of Property: Cit ide. :; • Tax Map and Lot No(s) . : Not a. •licable w}•c z, -- 5. Request: A request to amend section 18.64.040 (A) of the City of Tigard Community Development Code to allow Construction Contractor's Professional Offices as a Conditional Use in } the C-P (Professional Commercial) zoning district. APPLICABLE APPROVAL CRITERIA: Community Development Code Sections 18.22.040 and 18.54.040 (A) . zv 6. Action: Approval as requested ' Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted. at City Hall, A . � and mailed to: Y. X The applicant and owners) u,„;;; X Owners of record within the requi:;- d distance X Affected governmental agencies 8. Final Decision: THE DECISION WAS SIGNED ON AND 0' 0 . . BECOMES EFFECTIVE ON The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW ..o.=?.-s:..7' - Hall, P.O. Box 23397, Tigard, Oregon 97223. .0 + '4i A review of this decision may be obtained by filing a notice of intent ` with the Oregon Land Use Board of Appeals (LUBA) according to their , I ; procedures. n. 9. QUESTIONS: If you have any questions, please call the Tigard City '`' et .. Recorder at 639-4171. i' ;.,=4 j t } 1, '•..� ' ail.. t a i.y. 4. • .i'?.. 4' f„ 1 Y Zoning Code Text Amendment . City of Tigard, Oregon f ' k s .Y • L' t S ,t ti''.. . ,Ce. it i.' ■Y{> t,... d J' p�q S,G ® . • . ®o Submitted by: Phillip on Behalf of Joseph Hughes Construction, Inc. ti ', Hughes Zoning Code Text Amendment August 9, '1993 z •(.:!,.::: t ,, t t ,. , A. Background Applicant: Phillip E. Grillo, on behalf of /,^ i4 Joseph Hughes Construction, Inc. 319 S.W. Washington Street, Suite 920 Portland, OR 97204 1.,.. .„-.:!. (503) 224-3609 " Joseph Hughes Construction, Inc. 10ll0 S.W. Nimbus Avenue, Suite OgH° ); ` Tigard, OR 97223 (503) 620 4,134 • } Zone: C-P (Professional\Administrat.ive Office Commercial District) a Y t ,i • a, a,. 1-; y ' /: h A 4 P { r x • 1 '. 'y • • • •,. , ;._ Hughes Zoning Code Text Amendment Page 1 August. 9, 1993 a 1 4 4 ,' .. . -cr d•. .. . a. 7 ' ---.1'. • • S: ;F t y Vi�.. ,, , ._ , r i_ , . 1 I. INTRODUCTION b` B. Purpose of Application This application for a zone ordinance amendment to the Tigard t, Community Development Code (the "Code") contains two requests. The first request is for the addition of "Construction Contractor's Professional Offices" to the definition list of Use Classifications s in Chapter 18.42 of the Code. The second request is to add "Construction Contractor's Professional Offices" to the list of '.,::'7: . � conditional uses with the C-P (Professional/Administrative Office) zoning district. The Code currently categorizes all construction offices in the .; , same way, regardless of their function and design. The current is ` ' ,'% •.y i�: Code allows "Construction Sales and Service" as a permitted use only within industrial zoning districts. The "Construction Sales and Service" definition contemplates sales and rentals of tools and ' { equipment, as well as outdoor storage of equipment and materials. ,i% On the other hand, the proposed definition of "Construction A Contractor's Professional Offices" contemplates typical office A 1 ''� functions and designs, allowing indoor storage but prohibiting outdoor storage, as would normally be expected in a typical office ; environment. Therefore, adoption of this zone ordinance amendment % t will fill a much needed gap in the Code, allowing under-utilized <: J al , land in the C-P zone to be put to use for construction contractor's , 4.z professional offices--a use that is compatible with the underlying purpose of the zone. . ,_ Hughes Zoning Code Text Amendment Page 2 August 9, 1993 h{ x, u1 1 T is ly .' The applicable statewide planning goals and guidelines have been addressed in this narrative, as have the applicable comprehensive plan policies and provisions of the implementing . . ordinances, in particular, the purpose of the C-P zone itself. The .., proposed findings in the applicant's narrative demonstrates the ... positive impact this zone ordinance amendment will have within the ..----'. --. „ C-P zone, and on land use in Tigard generally. .., . : . , . c .,• .' ',..., ' ■ ".. il,■" '" ., •'"--'s .—.,4 ' • ..' . , ., ,'.. .,..... ..t . . 1 IL E .' 5... 4 119 'I 1 ,, •:. . Hughes Zoning Code Text Amendment Page 3 August 9, 1993 , 1 , - •.,.,4:',,' ...., d „ .,•4,.., .. •.?"' , , , ' • " :,7--. ---- --.- t ' * I .4 : 5 ..',. ','' .1'' .. "1' ,' * .4 ."':- ' . '::'''.'• 4. : '.''...'. . ''.'; ...: ‘,.= '' '' .-'' •1..- 1,'...,e'..... :,, .' 2 J II. ANALYSIS OF THE REQUEST { A. Proposed Text Amendment to the Zoning Ordinance This application seeks a zone ordinance amendment that creates -'\,1 "". a use type categorized as "Construction Contractor's Professional " t Offices". This use type will then be added to the list. of „1. ' ="' conditional uses within the C-P commercial zoning district. ;3 1.?-:,. .. .;. Chapter 18.64 of the Code sets forth the Permitted Uses within the ...;e C-P (Professional\Administrative Office) commercial zoning 4 >.; district, The proposed text amendment to the Code will not require ' ' e. any additional changes to Chapter 18.64.010, which sets forth the :r: : purpose of the C-P zoning district. This is because the addition {'7"' of "Construction Contractor's Professional Offices" to the list of 1, `.'' conditional uses within the C-P zone will match the type of uses contemplated by the criteria set forth in Section 18.64.010 of the • <`' Code. :` b ., t. 1. Need for Amendments :`^'" Section 18.22.010(B) of the Code describes the need for °• . amendments to the Code and Map "to reflect changing community J:,',."`r';, conditions, needs and desires, to correct mistakes or to address changes in the law. " The applicant is proposing an amendment that , u) reflects the community's need for more efficient and beneficial `, r � utilization of land within the C-P zone. .s. r. • - Hughes Zoning Code Text Amendment Page 4 August 9, 1993 j . 2. Legislative Amendments ;;, ': A "legislative" amendment to the Code, defined as a decision -' _: ; that will apply to a large number of individuals or properties, ; ,. ' must follow the procedures and standards set forth in Chapter • �.•; 18.30. Section 18.22.020; Section 18.26.030. Under Section • y r 18.30.20(A) (5) , a request for a legislative amendment may be initiated by any person, or person's agent, in writing. The -`' submittal period for such legislative changes extends between not more than 75 days and not less than 45 days before the first • ; Commission meeting in October. Section 18.30.030. This application complies with these pp p procedural requirements. • ', 3. Amendment to Section 18.42.020(C)(11) • Chapter 18.42 classifies and lists the use types "thereby t•=;,,,„ providing a basis for the regulation of uses in accordance with ; _,',0..' criteria which are directly relevant to the public interest". ;,:t,,} Section 18.42. 010(A) . On page 87 of the Code, in Section 18.42. 020, the definition for "Construction Sales and Service" will remain unchanged except that after the last word "offices", the . ft.' text should continue: "except as defined and distinguished below;". 0. This language will refer the reader down to the added definition, i which may be codified as subparagraph (a) under "Construction Sales and Service", which will be titled ""Construction Contractor's ;• - Professional Offices. " • s Hughes Zoning Code Text Amendment Page 5 August 9, 1993 ' x , V '.Y 4. Proposed Definition of "Construction Contractor's Professional Offices' This definition will now become Section 18.42.020(C) (11) (a) in 'Vii. : .=> the Code, thus allowing each subsequent definition in this sub- `'' I' chapter to remain the same number. The proposed definition for "Construction Contractor's Professional Offices" reads: ''' Refers to the administrative offices associated with ,!,-. firms who regularly engage in professional construction '''` contracting. These offices function primarily as other -- , - professional and administrative offices (See Code Definition of Professional and Administrative Services) ` . ,t• ?` and are to be distinguished from Construction Sales and v Services uses, defined elsewhere in the Code. ' Construction Contractor's Professional Offices may :- -_,-,. : contain incidental indoor storage to accommodate various '.j,;T; building materials and equipment related to the firm's ': A construction business. However, no outdoor storage of t• heavy vehicles, equipment or construction materials shall be permitted. This definition clearly defines a use that integrates the .;. • -;- incidental indoor storage of construction equipment with the "'° ;; :; 7y contractor's professional offices. This definition will fill the � • ° gap in the Code that now exists between "Professional and z` ; ;':' : Administrative Services" and "Construction Sales and Services. " ; 5. Amendment to Chapter 18 64 Chapter 18.64 is the portion of the Code that describes the a. Wpurposes and permitted uses within the C-P zoning district. The ',_ only amendment that will be required in this Chapter is in Section ,'' IA18.64.040, dealing with conditional uses within the C-P zone, so {, aI .,,1 that it will include Arabic numeral 5 (five) and read: :• ': "5. Construction Contractor's Professional Offices." This r ;s..- Hughes Zoning Code Text Amendment Page 6 August 9,. 1993. amendment will allow the proposed use type to be a conditional use '-': within the -P zoning district. B. Relevant Approval Criteria and Proposed Findings , Pursuant to the provisions of the Code, the Commissioner's recommendation and the Council's decision on a proposed zone . ; ordinance amendment must be based on the following factors: '; 1. The statewide planning goals and guidelines; e 2. Any federal or state statutes or guidelines found applicable; *. 3 . Applicable plans and guidelines adopted by the Metropolitan Service District; 4. The applicable comprehensive plan policies and map; . 5. The applicable provisions of the implementing ordinances; .' and consideration may be given to: 6. Proof of a change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or implementing ordinance which is the subject of the application. Section 18.30.120(A) , (B) . , Each of the foregoing factors, when analyzed against the purpose and goal of the proposed zone ordinance amendments, supports this application to allow "Construction Contractor's Professional Offices" as a conditional use within the C-P zone. 'j'. ,., I. Statewide Planning Goals 47: a. Goal 1: Citizen Involvement :: Findings: Citizens are involved in every phase of the planning `_ .'' process when a zone ordinance amendment p proposal comes before the f Planning Commission and City Council. In the present case, a citizen is proposing the amendment, the Commission will make a recommendation, and the Council will issue a final decision. Aty. every level in this process, and with every subsequent conditional t..: +', Hughes Zoning Code Text Amendment Page 7 August 9, 1993 ■ :.i,... ._ : .tom • .xf ':4 ..i: r `: n •}a ,. ia t... ''' use hearing, citizens will have opportunities to effectively , ;. communicate their views and influence the decision. b. Goal 2: Land Use Planning Y Findings: The proposed amendments to Tigard's Community Development Code are accompanied in this narrat4ie by factual information and ' ` • ` ' the identification of social, economic, energy, and environmental issues. Implementation of these zone ordinance amendments, ,. following a set of public hearings, will help maintain the city's ., .,',, ongoing comprehensive planning process. .4 . c. Goal 3: Agricultural Lands ` Findings: The proposed amendments will have no effect on the "f. preservation or maintenance of agricultural lands since the ', amendments simply create an additional conditional use within a; Tigard°s C-P zone. d. Goal 4: Forest Lands ::o Findings: The proposed amendments will have no impact upon forest 1 lands or the fish and wildlife resources of the state. ;` } , e. Goal 5: Open Spaces, Scenic and Historic Areas, and t <_ „: Natural Resources s *A W Findings:, The proposed amendments will have no impact upon open f spaces, scenic and historic areas, or on natural resources since {' li to 4 the amendments only affect land use within the C-P zone. •`' DJ Application for individual conditional use permits that would • permit "Construction Contractor's Professional Offices" in the C-P Hughes Zoning Code Text Amendment Page 8 August 9, 1993 { a i: x i 1 �‘ ' will be reviewed for Goal 5 impacts on a case-by-case basis, '*- ail through the city's conditional use permit process. ;', *$` f. Goal 6: Air, Water and. Land Resources Quality Findings:: The proposed amendment will have no impact upon the water K. ; , and land resources of the state of Oregon. The air resources may . . ;' even improve due to the efficiency of an integration of professional offices and indoor equipment storage, and also because the C-P zone is largely located within the Tigard Triangle which • '` : offers convenient transportation access. . :.: g. Goal 7: Areas Subject to Natural Disasters and ',, Hazards •r; '..' Findings a The proposed amendment will have no impact on, nor will j.x it they increase, areas subject to natural disasters and hazards since `.' ' Tigard's C-P zone is located outside of the 100-year floodplain. . I. ', h. Goal 9: Economic Development ':. 1 ,4%:., Findings: The proposed amendment will have a positive impact upon .,.. . the economic development of Tigard and the State of Oregon. By 1' %r.z'',A. P 9 g Y `{' „•,.'._ adopting the proposed amendments to the zone ordinance, Tigard MI ' ”*;? promotes the efficient use Of land within the C-P zone, an area of m concern due to its under-utilization. See Tigard Comprehensive : ;^ t Plan, p. 1-144. I t Hughes Zoning Code Text Amendment Page 9 August 9, 1993 u, ': 0 ' ",-1""'.- i. Goall 11: Public Facilities and Services , -. .: •' ': Findings: The proposed amendment will have no impact upon public facilities and services because the areas affected are already f served. ,• ' j. Goal 12: Transportation `" Findings: Because the C-P zone is largely located within the Tigard Triangle, an area that offers excellent transportation options, the z, 4 '4, ',. proposed amendments will support the goals of providing convenient -7 v K = and economic transportation. a,^{ k. Goal 13: Energy Conservation .' i; 2 '. . Findings: As previously mentioned, the proposed amendment will have„ , ~; a positive impact upon the economic, health, and environmental w` issues surrounding automobile transportation. Energy will be , 7,, •y; conserved through allowing "Construction Contractor's Professional ` .,:..s ''lIT Offices” as a conditional use within the C-P zone. .:: �-.` ,r It ?"r..r; 2. Applicable Federal or State Statutes and Guidelines Findings: No other federal or state statutes are relevant, except .; 4M' :'; those already discussed in this narrative. 4y R; 3, Applicable Plans and Guidelines Adopted by Metropolitan a. Service District , 2 Findings: For the purposes of approval or denial of the proposed - 03 , zone ordinance amendment, there are no applicable plans or .y ` iii guidelines that have been adopted by Metropolitan Service District that must be considered. h' Hughes Zoning Code Text Amendment Page 10 August 9, 1993 '4 ,a a 1 i• t. ti`1"_ ,4‘'!.:'n y i ':.‘4.',.- 4 4.,. }..,.,. .- 4. Applicable Comprehensive Plan Policies and Map ,� :; a. Policy 1.1.1(c) `= - ,1 . Findings: This policy underscores the need to keep the Tigard :.s Comprehensive Plan and Community Development Code current with the U:-, needs of the community. In keeping with this policy, the applicant proposes this zone ordinance amendment to allow for greater .-=`= utilization of land in the C-P zone compatible with the purpose of ' the zone itself. ',: '.,' T b. Policy 2.1.1. Findings: This policy addresses Statewide Planning Goal 1: Citizen t;t `- ' ' i 'A Involvement. As discussed earlier under Goal 1, citizens will be ;: A ',:, '*'.7::' involved in all phases of the planning process, including the 9'1 application for the amendment, related public hearings, and any subsequent conditional use permit processes. , *, .,-:'- C.c. Policies 3.2.1 - 3.2.4 Jr. Findings: These policies address the need to control development • f:4: within the 100 year floodplain and on land with severe physical j. (`(` ''' -. limitations. The proposed amendment will have no impact on the availability of open spaces, nor will it increase the amount of ': land subject to natural hazards. Since the amendment merely y, '` L requests that a new definition and category of use be added to the M t.;1' list of conditional uses within the C-P zone, outside of the 100 .4 year floodplain, no new hazard will be created. Furthermore, the y C-P zone, primarily within the Tigard Triangle, is neither steep in 1 ':. "i 'i• Hughes Zoning Code Text Amendment Page 11 August 9, 1993 .sii '-4' x" , .y. t• 3. e. character nor is it marked by significant habitation of wildlife. -!: Therefore, this amendment will not impact erosion or open y space\greenway policies. '. d. Policy 4.1.1(a) .<:`:': Fir di ags: This provision requires the city to maintain and improve 5. the integrity of Tigard's air quality. The proposed amendment = e-5 ' • allows, as a conditional use, a construction contractor's ' ':` professional offices (including indoor storage of equipment) to be 4=__. located in the C-P zone. The C-P zone is located between three ,'= • ; major highways, making transportation convenient, economic, and therefore less pollution-producing. While this single zone ' , ''N = ^j ordinance amendment may only produce minor gains, it represents an ', r;: ' ' integrated approach to the land use/air quality inter-relationship. „°s•' e. Policy 4.3.1 ". °;.:: ;Findngs: This policy sets forth the city's approach to noise pollution problems. The proposed amendment will not have a ''.3,.,' I significant impact on the levels of noise pollution within the C-P ,. ' . , zone. The definition of "Construction Contractor's Professional '`:j : ' t; Offices" clearly contemplates only the indoor storage of equipment, D 4 in keeping with the surrounding office environment. Furthermore, _ i • during the conditional use permit process, the site plan and si.te- - specific limitations of any proposed construction contractor's `i professional offices can be examined for potential noise issues. t` { 1 r �•r :` Hughes Zoning Code Text Amendment Page 12 August 9, 1993 #. y f Ar t . .. . .... .. ..„...... , . , , „. % f. Policies 5.1 - 5.6 ,,,. '� Findings: These provisions of the Comprehensive Plan address the . city's need for ongoing economic development. In the Findings of , y this section, the city acknowledges that * A significant amount of commercial buildable land is available for development, Most of this land is concentrated in the Tigard Triangle area 3 ;' * A core problem facing the City is lack of buildable land designated for industrial use. Tigard Comprehensive Plan, p. II-29. ty y ,, `` ' The city further acknowledges that the C-P land in the Tigard Triangle that is developed with single family residential units is sir' potentially available for redevelopment. Id., p. I--144. i ; ',--'1,'. Given these factors, the proposed amendment will have several * r1 positive impacts. First of all, under-utilized land in the C-P zone f ;` will be used for "Construction Contractor's Professional Offices"-- ,x - a compatible use considering the proposed definition and purpose of t :a: _, ' the zone. Secondly, "Construction Contractor's Professional 4 Offices" are distinguished from "Construction Sales and Services",• ,' the latter requiring an industrial zone for site approval. This ' 4 .= distinction decreases the demand on land that is zoned for , industrial uses and funnels the newly defined f commercial\professional use category toward under-utilized C-P zoned land. Finally, the city clearly envisions the C-P zone as one of slow transition away from single family residential units _I and toward redevelopment. The proposed amendment to the zone N k' ordinance is in keeping with this approach. r '~ Hughes Zoning Code Text Amendment Page 13 August 9, 1993 • ;x g. Policies 7.1.1 e 7.12.2 indinas: The proposed zone ordinance amendment will have no impact , ... upon the public facilities and services of the city. The amendment essentially redirects development towards a better location. In this case, that location is the C-P zoning district that the city identifies as being under-utilized. The C-P zone is also fully s{'{ "' served by all utilities, and the proposed amendment will create no additional drainage, water, or sewer problems. h. Policies 8.1.9 8.1.7 Findings: These policies address the transportation problems facing •, the city. The city recognizes the need to complete the collector street system within the Tigard Triangle, where the C-P zone is largely located. Nonetheless, the proposed amendment merely creates another category of conditional use Any further development that my occur within the definition of "Construction Contractor's Professional Offices" must go through the city's conditional use permit process. Traffic issues will be approached on a case-by-case basis and, as previously discussed, the integration of construction contractor's offices and indoor equipment storage within the Tigard Triangle may even reduce the economic and environmental problems associated with automotive transportation. ILI • Hughes Zoning Code Text Amendment Page 14 August 9, .1993 0 ` 1. Policy 9.1.2 ' . F`indi This provision inter-relates land use planning, w t transportation, and reduced energy consumption. As presented .. above, the location of "Construction Contractor's Professional } ~' Offices" within the C-P zone will allow for convenient and economic :r transportation for professionals who must often use major highways to get to job-sites. Energy consumption can be reduced through adoption of this proposed amendment_. j, Policy 11.4.2 PI'1- ' Findings: This provision conditions further commercial development 3 :::'*:.7 ' within the Tigard Triangle on certain roadway improvements. This condition, however, has exceptions that apply on a case-by-case ,a f ',- basis. This Comprehensive Plan Policy will therefore be addressed - when an applicant seeks subsequent conditional use approval, at which time, the various exceptions may be applied. • ' Q k. Policy 12.2 ;, Jt Findings: This policy sets out locational criteria for commercial fj = development. Since the proposed amendment merely creates another fi° 7 commercial use category, it complies with these criteria. The ' a, conditional use permit process will insure compliance with these e site-specific factors. 4 0 tJ F Hughes Zoning Code Text Amendment Page 15 . August 9, 1993 ' , tr' w Affh 5. Applicable Provisions of the Implementing Ordinances .;k. a. Section 18.64.010 Findings: This section sets out various purposes of the city's C-P zone. One of the more specific purposes is to provide for business and professional services in close proximity to major transportation facilities. By allowing construction contractors to r 1. locate their professional offices within the C-P zone, these businesses will have better and more direct access to major r.14. transportation facilities, thereby reducing vehicular trips on less L. appropriate transportation routes. In addition, since Construction Contractor's Professional Offices function in the same way as other professional offices, they are compatible with other C-P uses and will be supportive of uses permitted in the zone. b. Section 18 42.020(C)(11) T Findings: This section defines "Professional and Administrative Services". This definition refers to offices which are used primarily for "professional, executive management or administrative offices, legal offices, architectural, or engineering firms." Construction Contractor's Professional Offices typically house administrative services and function as would any other professional office. �r�tl Hughes Zoning cf_,o Text Amendment Page 16 August 9, 1993. F. .* ' " 6. Proof of a Change in Community or Inconsistency in the "' Comprehensive Plan ,4 :=-: Findings: The applicant has demonstrated above that there is =;t . ..; f, currently a gap in the code which tends to categorize all building 3;. - contractor's offices as "Construction Sales & Service" uses, even ``•'-/ though some building contractor's offices function as professional ",;. 1;!, and administrative offices. The proposed code amendment remedies - °• " this inconsistency in the code. -4:' III. CONCLUSION , The applicant has worked with the city's planning staff to uy develop a definition of "Construction Contractor's Professional - Offices" that will distinguish typical building contractor's offices from those contractors who are large enough to require j. ,`J.:' separate space to house their professional and administrative staff -.7 functions. No outdoor storage will be allowed and the .1v,-,: g proposed use F:=?.3: will compliment the existing range of uses currently permitted in the C-P zone. By allowing "Construction Contractor's Professional x• , . Offices" as a conditional use in the C-P zone, the city will be ;.',;? able to review each request on a case-by-case basis through the city's conditional use process. This will help insure that the ,` pi, proposed use will be compatible with the surrounding area. • Overall, the proposed amendments help fill an important gap in the 4; : a city's development code, thereby correctly categorizing certain C9 -i construction contractor's offices in a manner that is similar to other professional and administrative offices. • .1 'y . :`; 7 Hughes Zoning Code Text Amendment Page 17 August 9,1993 i r't:;f ` l,f s.• -e 1. ,. - cl iy - RE UES'd' FOR 22_lEN'1'S {' ,.:,,'w TO: DATE: R,uaust 16, 1993 FROM: Tigard Planning Department .,,. V' RE: ZONE ORDINANCE AMENDMENT ZOA 93-0006 GRILLO/1EiUGHI;S LOCATION: Citywide. A request to amend section 18.64.040 (A) of the City of Tigard Community Development Code to allow Construction Contractor's Professional Offices ,:: as a Conditional Use in the C-P (Professional Commercial) zoning district. ' APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.22.040 `: and 18.64.040 (A) . Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and , agencies and from other information available to our staff, a report and recommendation will be prepared z and a decision will be rendered on the proposal in the near future. If you wish r. to comment on this application, we need your comments by Auq.26, 1993. You may use the space provided below or attach a separate letter, to return your comments. If you are unable to respond by the above date please phone the staff contact '' - .,-::' noted below with your comments and confirm your comments in writing as soon as ii' r:^., ':• ' possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd„ Tigard, OR 97223, PHONE: 639-4171. ..3 STAFF CONTACT: Victor Adonri , PLEASE CHECK' THE FOLLCWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to at a -3'4' r'+ -_ Please contact of our office. y'',''`.'?'' '' Please refer to the enclosed letter. ` e Written Comments: >a '2' �'. Lt ,c: to a ': • ae (j Name of Person Commenting: : L.1 °" Phone Number: ^x. cw . i. :: ', ,5.;! f. t`'t, r.. ..‘( .. e . :is • ;..' ` NOTIFICATION LIST FOR ALL APPLICATIONS ' 0 (�o ptof 0+ ,°:. ,: 1• 11 a WPC6Naar'- 01")pies pl i. `„ 2. CITY DEPARTMENTS �Y ha Ya h ie' - .,- ^�Building Official/Brad R. Parke G Recreation Board i:.., _"""Police .f . `.....szpdat Bngineezing/Chris D. -Field Operations a. a, —Permits Coordinator/Viola 0. i "';.wi , 3. SPECIAL DISTRICTS `:. • ;. _Fire District School Dist No. 48 (Pick-up box) "- (Beaverton) Joy Pahl r PO Box 200 l' r. Beaverton, OR 97075 Tigard Water District School Dist. 233 ' . .•'i; ` 8777 SW Burnham St. ` (Tigard) -,-. Tigard, OR 97223 13137 SW Pacific Hwy. Tigard, OR 97223 Tualatin Valley Water District .., ` 6501 SW Taylors Ferry Rd. aa r.. Tigard, OR 97223 4. AFFECTED JURISDICTIONS `° :a - Waah. Co. Land Use G Tranap. Boundary Commission • 150 N. First Ave. --_ 320 SW Stark Room 530 Hillsboro, OR 97124 Portland, OR 97204 Brent Curtis _ Kevin Martin METRO ----Scott Rice ` 2000 SW let eve. Scott Ring Portland, OR 97201-5398 :•:,:: Prod Eberle :.. ----Mike Borreaon `/ :, !S ULCD (CFA's only) ;-,; City of Beaverton 1175 Court St. NB '; `Jim Hendryx Salem, OR 97310-0590 • s PO Box 4755 ,a• • Beaverton, OR 97076 Other 'y City of Xing City City of Durham • ::.'.```M: — City Manager City Manager ;',a,. 15300 SW 11Gth 17160 SW Upper Scones Ferry Rd. "'- a.., Xing City, OR 97224 Tigard, OR 97224 la A. . City of Lake Oswego �_ City of Portland • `City Manager Planning Director `* ' .: 380 8W A 1120 SW 5th Lake Oswego, OR 97034 Portland, OR 97204 $ .' ;<, '. -- Bob State Highway Division `_COOT Doran Lidwien Rahmann ,; . PO Box 25412 9002 BB McLoughlin Blvd. 7d.a, Portland, OR 97225-0412 Milwaukie, OR 97222 • "" + 5. SPECIAL AGENCIES r:a•. General Telephone Portland General Elec. `','`"'`r `Runs Wells ,---Brian Moore a' ` 14655 SW Old Scholia Fry. , 12460 SW Main St. ,,,•.•fi,.• Tigard, OR 97223 Beaverton, OR 97007 a. NW Natural Gas Metro Area Communications --- ,_�,''`'•:i t Scott Palmer -"' Jason Hewitt ,, 'r 220 NW Second Ave. Twin Oaks Technology Center 'i" ' •"" Portland, OR 97209 1815 kw 169th Place 5-6020 'r":`t Beaverton, OR 97006-4886 TCI Cablevision of Oregon 14w,` Mike Hallock US Went 3500 SW Bond St. — Pete Nelson Portland, OR 97201 421 SW Oak St. • i' Portland, OR 97204 Columbia Cable (Frank Stone) biz „ ` 14200 SW Brigadoon Ct. Beaverton, OR 97005 ±.. G) 6. STATE AGENCIES ; /!/ Aeronautics Div. (ODOT) DC?GAYI . Engineer — Division of State Lands Board of Health —' Fish a Wildlife �- Commerce Dept. - M.H. Park Park,s a G Recreation Div. LCDC 0 Subdivision Supervisor ` UJ Dept. of Energy PUC ..j Dept. of Environ. Quality `--Fire Marshall_aaa 7. FEDERAL AGENCIES Other �� Corps. of Engineers ,_.._ Other Peat Office -'.a 8. OTHER • '','.., :y^`,r� Southern Pacific Transportation Company _. �;� ` Duane M. Forney, PLO - Project Engineer •,, aaa f 800 NW 6th Avenue, R. 324, Union Station a::' ?.`•• Portland, OR 97209 t'. ' ,r . T LJ /;m .� i. ° „,...a:° • .i.r . t' » n_;... 9 5.' t ... , =.z,4- ., .; .,. t. �{S. ,.jam•. .4 .+t a , ti t i, �+ :bJ• %�,: 1.. '.... y. fie t 44.,{,/ ,o, ', = ;::: CITY OF TIGARD, OREGON ORDINANCE NO. 93-42E._ r" •, ' AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE TO ADD "''-.- - CONSTRUCTION CONTRACTOR'S PROFESSIONAL OFFICES TO THE LIST OF THE USE F.,-,,', CLASSIFICATION, SECTION 15.42, AND AS A CONDITIONAL USE IN THE C-P ZONE, ,; ; SECTION 18.64.040 A. , . • - T'."'.; WHEREAS, the City of Tigard finds it necessary to revise the Community wr:A ,:, Development Code periodically to improve the operation and implementation of the Code; and - } WHEREAS, the City of Tigard Planning Commission reviewed the staff -;:' a:' recommendation at a public hearing on September 13, 1993 and voted . to , ..y� recommend approval of the amendment to the City Council; ' and `j. =4 WHEREAS, the City Council held a public hearing on October 12, 1993 to '' consider the amendment. ;: :' THE CITY OF TIGARD ORDAINS AS FOLLOWS: '->-. `' SECTION 1: The Community Development Code shall be amended as shown in °`" Exhibit NAP . Language to be added in UNDERLINED. -•:'` '' This ordinance shall be effective 30 days after its passage by the . -...• Council, approval by the Mayor, and posting by the City Recorder. 1 +a ;;N PASSED: By J 1)€-`14MC L vote of all Council members present after eing read by number and title only, this ' day _+F ;';::=; of 00/1 i' . 1993. ` .e GAO f atherine Wheatley, City ;'corder APPROVED: This day o ,�„ 193 . Geral."R. Edwards, Mayor 1. cp) Approved as to form: ._ 1 Cit torney Date ,' oii '' k t. t ORDINANCE No. 93-d J.. Y Page 1 � `; #_fi r .. at .i ,4 a `i{ ,', t a . .. . - #■- ,,, ' ... ••• li, ,- Exhibit "A " ....' 18.42. (C) (12) Definition ..,, 12. Construction Contractor's Professional Offices. .-...',..4 Refers to the administrative offices associated with firms who regularly engage an professional construction . - ... . contracting. These offices function primarily. as other professional and administrative offices and are to be distinguished from construction sales and services uses, Construction Contractor's Professional Offices may contain incidental indoor storage to accomodate various ..‘ - -": building materials and equipment related to the firm's ,- .. .,.....,; - construction business. However, no outdoor storage of t- heavy vehicles, equipment or construction materials shall ••••,-.' ";''' be permitted. ,.,/, .:,',. . • ' •. r,---',' -..:,.. ., !•-.... '- ,..... -. .4 ' 18.064.040(A) Conditional Uses (See Chapter 18.130) 5. Construction Contractor's Professional Offices. , , .0..... -..,, t, " • . . t . -''• ", `•'. ''..* - -, ,, 4- , ;:,,4 .■ n . - E , . , • * 0 :' UR ....1 s " - !.,' -- _ ,..- * .' „....,....- ,, , . _. 7 • . RECEIVED PLANNING . ., OCT d'4 1993 PHILLIP E. GRILLO, F.C. ; Attorney at Law ' & Hearings Officer 319 S.W. Washington Street ' Suite 920 • Portland,OR 97204 , _: Phone: (503)224-3609 s,' October 13, 1993 F1 Facsimile: (503)228-6032 Cellular: (503)799-4576 Victor Adonri Assistant Planner ' ' City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 Re: Ordinance 93-28 (Hughes Zoning Ordinance Amendment) Dear Victor: , I am writing to thank you for your timely and effective assistance in processing our zoning ordinance amendment. As you know, council , „Mi:r•- approved Ordinance 93-28 at its hearing on October 12. ,d Before we proceed with our Conditional Use Application, I want to „ ; be certain of the effective date of Ordinance 93-28. Since the °,< ordinance did not have an emergency clause, I suspect that it will not be effective for a period of time I would greatly appreciate 1; it if you could advise me concerning the effective date of this ordinance. We certainly do not want to put ourselves in the position of making an application prematurely. Since this is a zoning ordinance text amendment and since it is consistent with the comprehensive plan, I do not believe that we will be in the same ' situation that the applicant faced in the Davenport case. If you or the city attorney could advise us regarding the waiting period in this case, I would greatly appreciate it. D. Sincerely, S:�.y ea Y/ t' Phi lip E. Grillo '' 0 Attorney at Law J k PEG/sin cc: Joseph Hughes ,A Y y , •-. ; � ?, 4 ,: ,...x *i ,[+s lr i;df Y 7 j1 1 y ,y r x (v 75 ' µ y • I 1 a, '; Councilor Fessler noted that on Condition 210 she would like to see an independent certified arborist look at the entire project. i " § Community Development Director M y P ment Murphy raised the `. t issue of providing a route to a bus shelter. After " discussion, it was decided this issue would not be " addressed at this time. ja Motion by Councilor Schwartz, seconded by Councilor Fessler, to uphold the Planning Commission's Final Order and direct staff to prepare a City Council Final Orders �. Discussion followed. It was determined that Item 14(c) ` ', would be deleted from the Final Order, and that Condition 21 on Page 26 would be amended to require an independent, 4, certified arborist. Motion was approved by a majority vote of Council #' present. (Mayor Edwards and Councilors Fessler and R Schwartz voted yes Councilor Hunt voted no) . 6. ,: PUBLIC HEARING (LEGISLATIVE) - ZONE ORDINANCE AMENDMENT ZOA 93-0006 GRILLO/HUGHES LOCATION: Citywide. A request to amend section 18.64.040 (A) '', of the City of Tigard Community Development Code to allow Construction Contractor's Professional Offices as a Conditional Use in the C-P (Professional Commercial) zoning ''' : district. APPLICABLE REVIEW CRITERIA: Community Development ' Code Sections 18.22.040 and 18.64.040 (A) . . a. Public Hearing was opened. ji t Y x' �' .•1 b. There were no declarations or challenges. 4„� C. Community Development Murphy reviewed the staff report, which is on file with the Council packet material. 1, d. Public Testimony: , I. Mr. Phil Grillo, 391 SW Washington Street, Portland, ' 0° Oregon, 97204, advised the staff had adequately outlined the purpose of the amendment in the staff report. h` e. Public Hearing was closed. M There was discussion between Councilor Schwartz and , is 0 Community Development Director Murphy with concerning .4 which issues should be heard before the Hearings Officer or the Planning Commission. No changes to the proposal resulted from this discussion. JL: ;j4.:: CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 20 fee- F .`+j7 . {i � + 2. :`_. t..},.,..ii :-';. y':.j k:;4' * .' .,_ ..... 1.1.. s ..".. .v S + .. .. .... 0.,1 sak• IIIP A ,; f. Motion by Councilor Schwartz, seconded by Councilor " '' Fessler, to adopt Ordinance 93-28. �_., ORDINANCE 93-28 - AN ORDINANCE TO AMEND PROVISIONS OF COMMUNITY DEVELOPMENT CODE TO ADD CONSTRUCTION CONTRACTOR'S PROFESSIONAL OFFICES TO THE LIST OF THE USE CLASSIFICATION, SECTION 18942, AND Ft;. A CONDITIONAL USE ,' IN THE C-P ZONE, SECTION 18.34.040 (A). 7 Motion was approved by a unanimous vote of Council` present. 7. ADMINISTRATIVE REVIEW AND UPDATES - Discussion was cancelled. 8; SESSION: The Tigard City Council went into. Executive Session at 10:39 p.m. under the provisions of ORS d 1 ' 192.660 (1) (d), (e) , & (h) to discuss labor relations, real property transactions, current and pending litigation issues. f 9. ADJOURNMENT: 11:11 p.m. M 'I LL t� -!2. 1,-/.....L4.1 . a A. _ : %" Brine Wheatley, City Rec deg A. l YYY./rJ yor, City of Tigard .. z 1i/q( .3 Date: 5 :f, , ;1 t F S i7) , • W ' h:Orecorderlcca\ccm1012.93 y, CITY COUNCIL MEETING MINUTES - OCTOBER 12, 1993 - PAGE 21 'ti i' 2: t ,.:. .. i",r ;;,: t .. +r �i a, ,.• ... .._� ,.':7..--'� �:., : +�.� r ... r. ',1, `+ : ><• a v .1 1. w KKK ..,,,,:.. .., : 4,,. ,t.: COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY � , AGENDA OF October 12, 1993 DATE SUBMITTED: October 1 1993 .' r ISSUE/AGENDA TITLE: Zoning Ord. amend PREVIOUS ACTION -Planning Commission F' K ZOA 93-0006 l recommendation Se•tember. 13 1993 /41/ PREPARED BY Victor 'Adonri ' DEPT HEAD OK - CITY ADMIN OK %,(S REQUESTED BY _Ed-Murphy r if ISSUE BEFe-E THE COUNCIL ; ?,'. Should the City revise the Development Code to add. construction ' contractor's professional offices to the list of the use classifications, and s" ; as a conditional use in the C-P, Professional Commercial zone? STAFF RECOMMENDATION " :.Fly It is recommended that the Development Code Chapters 18.42, and 18.064.040 ,::_:; (A) be amended to add construction contractor's professional offices to the "' ' list of the use classifications, and as a conditional use in the C-P zone. INFORMATION SUMMARY The Hampton Partners and Joseph Hughes Construction, Inc. proposed this amendment in order to use an existing building in the C-P zoning district for { a construction professional office. This use will fill a gap in the code ..':„ ;s, between professional and administrative services and construction sales and -' services. The amendment will allow incidental indoor storage but no outdoor _ . storage for construction contractor's professional offices. Establishment of { construction contractor's professional offices in the C-P zone would require a public hearing and review by the hearing officer. Impacts therefore, can be review and mitigated. No comments or concern have been expressed by the NPO's ','' : ' ' or any agency notified of the proposal. PROPOSED ALTERNATIVES .; 1. Approve the change as recommended by the Planning Commission by adopting ov the attached ordinance. co 2. Deny the amendment and retain the existing code provisions. FISCAL NOTES • , None applicable. W — c ,. . --\ ., -i'., a '-: y l ' S a ''.:r v N.,-,-'. :' . ."—^ -.., i ., . 0, . CITY OF TIGARD, ,OREGON , ORDINANCE NO. 93 ; AN ORDINANCE TO AMEND PROVISIONS OF THE .COMMUIITY :_DEVELOPMENT CODE TO ADD CONSTRUCTION CONTRACTOR'S ; 'PROFESSIONAL OFFICES TO THE LIST OF THE '. USE - CLASSIFICATION, SECTION 18.42, AND AS A CONDITIONAL USE IN THE 'C-P'.: ZONE, . -' SECTION 18.64.040 A. 4 ' WHEREAS, the City of Tigard finds it necessary to revise the Community 1 Development Code periodically to improve the operation and implementation of the Code, and WHEREAS, the City of Tigard Planning Commission reviewed the staff recommendation at a public hearing on September 13, 1993 and voted to recommend approval of the amendment to the City Council;' and WHEREAS, the City Council. held a public hearing on October 12, 1993 to consider the amendment: A` THE CITY. OF TIGARD ORDAINS AS FOLLOWS: , SECTION TION 1: The Community Development Code shall be amended as shown in � ; i -, Exhibit "A" . Language to be. added in UNDERLINED , This ordinance shall be effective 30 days after its passage by the. - . *, Council, approval by the Mayor, and posting by the City Recorder. Y ( . PASSED: By vote of all Council members present after being read by number and title only, this day of , 1993 . Catherine Wheatley, City Recorder APPROVED: This — day of , . 1993 . a Gerald R. Edwards, Mayor Y a Approved as to form: ,; - • - = City Attorney Date h ORDINANCE No 93"- , Page 1 ; i .�5 4 i i .., . • - ..-�i. t .. .! . L. -. .,-t' r • .I.4 .?., to-:T' .. . r .. l • s Exhibit " A" 18.42 . (C) (12) Definition . 12 . Construction Contractor's Professional Offices. Refers to the administrative offices associated with firms who regularly engage in professional construction :; contracting. These offices function primarily as other professional and administrative offices and are to be _° distinguished from construction sales and services uses. Construction Contractor's Professional Offices may x _ contain incidental indoor storage to accomodate various { :' building materials and equipment related to the firm's .:: , construction business. However, no outdoor storage of ' "" heavy vehicles, equipment or construction materials shall ax be permitted. ti 1,r 'iri •'•:45 18.064.040 (A) Conditional Uses (See Chapter 18.130) 5. Construction Contractor's Professional Offices. .,s: �" $ y Li T k,,,, ..,,•-•:..:,- . p (. i e c: l'`; _1 Y .• w . - - - 'Cr. . 4 ., t d; 1 1 0 -0 ,s, . , 1 t , a• e { Zoning Code • Text Amendment City of Tigard, Oregon 1 t i F ' • f 1 r ai t 1 • '5. ,i t, . • A., Co • al ,; _ Submitted by:• :_ .Phillip E. Grillo on Behalf of. • l Joseph Hughes Construction, Inc.' � , Hughes Zoning ce Text Amendment August 9; 1993 a a+ i ib ..• - - - • ! . A. Background Applicant: Phillip E. Grillo, on behalf of Joseph Hughes Construction, Inc. • 319 S.W. Washington Street, Suite 920 Portland, OR 97204 (503) 224-3609 Joseph Hughes Construction, Inc. 1011.0 S.W. Nimbus Avenue, Suite ell/1 Tigard, OR 97223 (503) 620-8134 • Zone: C-P (Professional‘Administrative Office Commercial District) • • • s 'e 1^,.� . ' IL Hughes Zoning Code Text Amendment Page 2. August 9, 199.3 Lt I. INTRODUCTION , B. Purpose of Application This application for a zone ordinance amendment to the Tigard - ` Community Development Code (the "Code") contains two requests. The first request is for the addition of "Construction Contractor's Professional Offices" to the definition list of Use Classifications in Chapter 18.42 of the Code. The second request is to add "Construction Contractor's Professional Offices" to the list of • conditional uses with the C-P (Professional/Administrative Office) zoning district. The Code currently categorizes all construction offices in the same way.; regardless of their function and design. The current .' Code allows "Construction Sales and Service" as a permitted use only within industrial zoning districts. The "Construction Sales and Service" definition contemplates sales and rentals of tools and T equipment, as well as outdoor storage of equipment and materials. o+., On the other hand, the proposed definition of "Construction Contractor's Professional Offices" contemplates typical office t,. ... functions and designs, allowing indoor storage but prohibiting Lc • outdoor storage, as would normally be expected in a typical office environment. Therefore, adoption of this zone ordinance .amendment will fill a much needed gap in the Code, allowing under-utilized tti W land in the C-P zone to be put to use for construction contractor's { professional offices--a use that is compatible with the underlying. purpose of the zone. Hughes Zoning Code Text Amendment Page 2 August 9, 1993 • 4.,2s 1 j Kt x .. ♦ j' lir IIP :., . x ' The applicable statewide planning goals and guidelines have been addressed in this narrative, as have the applicable ' ,�'`: comprehensive plan policies and provisions of the implementing =° ,x ... ......?ordinances, in particular, the` purpose of the C-P zone itself. The proposed findings in the applicant's narrative demonstrates the t positive impact this zone ordinance amendment will have within the - >:_ C-P zone, and on land use in Tigard generally. • y7 is @- 4 by ..j P y. • ., 1 • G n f J: . a vti • Hughes Zoning Code Text Amendment Page 3 August 9, 3993.,, 1.11. 1 i . • • IL ANALYSIS OF THE REQUEST ' A. Proposed Text Amendment to the Zoning Ordinance This application seeks a zone ordinance amendment that creates a use type categorized as "Construction Contractor's Professional e Offices". This use type will then be added to the list of conditional uses within the C-P commercial zoning district. _ ., Chapter 18.64 of the Code sets forth the Permitted Uses within the C-P (Professional\Administrative Office) commercial zoning • f :*.A. y., ' district. The proposed text amendment to the Code will not require = any additional changes to Chapter 18.64.0 .0, which sets forth the • , ,` ,` purpose of the C-P zoning district. This is because the addition of "Construction Contractor's Professional Offices" to the list of x . ;,' conditional u>es within the C-P zone will match the type of uses � ' . contemplated by the criteria set forth in Section 18.64.010 of the LJ T ' Code. . '--''-• { 1. Need for Amendments '::• :::;°-%,-;'': • Section 18,22.010(B) of the Code describes the need for e amendments to the Code and Map "to reflect changing community . ��' ,' conditions, needs and desires, to correct mistakes or to address • n' changes in the law." The applicant is proposing an amendment that 4 4 reflects the community's need for more efficient and beneficial , °� utilization of land within the C-P zone. .. j } '` Hughes Zoning Code Text Amendment Page 4 August 9, 1993 r1 , ,' , 4 . _. , , - . . it ... ,, ,... . • ,. . ,- ,_, ... . ...„, . „ • . 0 to ,4 .J, ,,, , - • . , 2. Legislative Amendments `�,: , i. ': '- A "legislative" amendment to the Code, defined as a decision -s ti1 _`' that will apply to a large number of individuals or properties, - 47 .1 T;•k must follow the procedures and standards set forth in Chapter :'.. 18.30. Section 18.22.020; Section 18.26.030. Under Section •j 18.30.20(A) (5) , a request for a legislative amendment may be r :', initiated by any person, or person's agent, in writing. The - submittal period for such :Legislative changes extends between not 'i' mote than 75 days and not less than 45 days before the first '`N Commission meeting in October. Section 18.30.030. This application complies with these procedural requirements. 3. Amendment to Section 18.42.020(C)(11) Chapter 18.42 classifies and lists the use types "thereby »'' .: ->;: providing a basis for the regulation of uses in accordance with - criteria which are directly relevant to the public interest au:, ' Section 18.42.010 SvT. (il�) On page 87 of the Code, in Section _ 18.42.020, the definition for "Construction Sales and Service" will = e ,. ; remain unchanged except that after the last word "offices", the y 1:--.. ` text should continue: "except as defined and distinguished�:. . '> 89 c,uashed 3selovr;eo, �; w This language will refer the reader down to the added definition, 2= which may be codified as subparagraph (a) under "Construction Sales , g and Service", which will be titled "Construction. Contractor's r ap — Professional Offices." :y ' '',rA ' '. Hughes Zoning Code Text Amendment Page 5 August 9, 1993 • .A.�..,„-..4,r . i .,', ♦ ., . . r ,.t Y --' '' , ;:d , . ' , < ." , ,... .. . • • .• .. • 0 . 4. Proposed Definition of ('Construction Contractor's Professional Offices" -- 7. This definition will now become Section 18.42.020(C) (11) (a) in the Code, thus allowing each subsequent definition in this sub- " chapter to remain the same number. The proposed definition for ;'': 4.' "Construction Contractor's Professional Offices" reads: y. • Refers to the administrative offices associated with '` , ; firms who regularly engage in professional construction t , r4: contracting. These offices function primarily as other -<;` ; professional and administrative offices (See Code i, . Definition of Professional and Administrative Services) ; ' and are to be distinguished from Construction Sales and : , Services uses, defined elsewhere in the Code. >:'' Construction Contractor's Professional Offices may contain incidental indoor storage to accommodate various building materials and equipment related to the firm's ...., : _ construction business. However, no outdoor storage of ',, 's. heavy vehicles, equipment or construction materials shall �j be permitted. °. : This definition clearly defines a use that integrates the incidental indoor storage of construction equipment with the }:;` ; contractor's professional offices. This definition will fill the • , "'Y�'° , gap in the Code ' that now exists between "Professional and ti Administrative Services" and "Construction Sales and Services." c S. Amendment to Chapter 18.64 . Chapter 18.64 is the portion of the Code that describes the 1�. purposes and permitted uses within the C-P zoning district. The • only amendment that will be required in this "hapter is in Section ��. 18.64.040, dealing with conditional uses within the C-P zone, so 1.3 { that it will include Arabic numeral 5 (five) and read: "5. Construction Contractor's Professional Offices." This Hughes zoning Code Text Amendment Page 6 August 9, 1993 A .. . ; ' .7 J.+'' t . . . <i .. .. .Zit:. -. ._ .. ... ..., • I. • A , amendment will allow the proposed use type to be a conditional use within the C-P zoning district. , B. Relevant Approval Criteria and Proposed Findings `r Pursuant to the provisions of the Code, the Commissioner's. recommendation and the Council's decision on a proposed zone f, ordinance amendment must be based on the following factors: • 1. The statewide planning goals and guidelines; 2. Any federal or state statutes or guidelines . found applicable; � . f 3. Applicable plans and guidelines adopted by the ' Metropolitan Service District; 4. The applicable comprehensive plan policies and map; 5. The applicable provisions of the implementing ordinances; and consideration may be given to: '. 6. Proof of a change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or implementing ordinance which is the subject of the application. Section 18.30.120(A) , (B) . Each of the foregoing factors, when analyzed against the purpose and oal of the g proposed zone ordinance amendments, supports this application to allow "Construction Contractor's Professional • , i r a Offices" as a conditional use within the C-P zone. -0f 1. Statewide Planning Goals a. Goal 1: Citizen Involvement Findings: Citizens are involved in every phase of the planning } process when a zone ordinance amendment proposal comes before the Planning Commission and City Council. In the present case, a ea t� citizen is proposing the amendment, the Commission will make a r' J recommendation, and the Council- will issue a final decision:: At. , every level in this y process, and with every subsequent conditional '.yF Hughes Zoning Code Text Amendment Page 7 August 9, 1993 t 0 0 . , -' •µ use hearings citizens will have opportunities to effectively communicate their views and influence the decision. . •- b. Goal 2: Land Use Planning • 'indinas: The proposed amendments to Tigard's Community Development Code are accompanied in this narrative by factual information and the identification of social, economic, energy, and environmental .. issues. Implementation of these zone ordinance amendments, :;' :''• following a set of public hearings, will help maintain the city's i', ongoing comprehensive planning process. c. Goal 3: Agricultural Lands '` -,' Findings. The proposed amendments will have no effect on the preservation or maintenance of agricultural lands since the • amendments simply create an additional conditional use within H Tgard's C-P zone. :::- d. Goal 4: Forest Lands --,4- ,' '? ; Findings: The proposed amendments will have no impact upon forest lands or the fish and wildlife resources of the state. e. Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources ®. Findincs: The proposed amendments will have no impact upon open _ - spaces, scenic and historic areas, or on natural resources since t: the amendments only affect land use within the C-P zone. w Application for individual conditional use permits that would A ->i permit "Construction Contractor's Professional Offices" in the'C-P w. , Hughes zoning Code Text Amendment Page S August 9, 1993 . ?s i. •, • will be reviewed for Goal 5 impacts on a case-by-case -basis, through throu h tae city's conditional use 9 Y permit process. •ti' f. Goal 6: Air, Water and Land Resources Quality Findings: The proposed amendment will have no impact upon the water and land resources of the state of Oregon. The air resources may even improve due' to the efficiency of an integration of professional offices and indoor equipment storage, and also because � .: . the C-P zone is largely located within the Tigard Triangle which offers `convenient transportation access. { g. Goal 7: Areas Subject to Natural Disasters and Hazards Findings, The proposed amendment will have no impact on, nor will they increase, areas subject to natural disasters and hazards since Tigard's C-P zone is located outside of the 100-year floodplain. h. Goal 9: Economic Development �y Fi.ndinas: The proposed amendment will have a positive impact upon the economic development of Tigard and the State of Oregon. By adopting the proposed amendments to the zone ordinance, Tigard promotes the efficient use of land within the C-P zone, an area of concern due to its under-utilization. See Tigard Comprehensive Plan, p. I-144. • j Hughes Zoning Code Text Amendment Page 9 August 9, 1993 • .. .:�'^ • ° 3•� "t Vii# ax c 7 j"`� i•'•: a t . L.� • . ri .� � . '+. ; +1. • *J`= i Goal 11: Public Facilities and Services •. 'J Findings: The proposed amendment will have no impact upon public facilities and services because the areas affected are already served. j. Goal 12: Transportation Findings: Because the C-P zone is largely located within the Tigard 4 -' Triangle, an area that offers excellent transportation options, the proposed amendments will support the goals of providing convenient and economic transportation. k. Goal 13: Energy Conservation Findings: As previously mentioned, the proposed amendment will have a positive impact upon the economic, health, and environmental issues surrounding automobile transportation. Energy will be conserved through allowing B"Construction Contractor's Professional Offices" as a conditional use within the C-P zone. 2. Applicable Federal or State Statutes and Guidelines Findings: No other federal or state statutes are relevant, except those already discussed in this narrative. 3. Applicable Plans and Guidelines Adopted by Metropolitan Service District Findings: For the purposes of approval or denial of the proposed M zone ordinance amendment, there are no applicable plans or ILI C3 guidelines that have been adopted by Metropolitan Service District that must be considered. Hughes Zoning Code Text Amendment Page 10 August 9, 1993 t. 7 a,, 4 4. Applicable Comprehensive Plan Policies and Map a. Pokey 1.1.1(e) Findings: This policy underscores the need to keep the Tigard Comprehensive Plan and Community Development Code current with the needs of the community. In keeping with this policy, the applicant 0 proposes this zone ordinance amendment to allow for greater • utilization of land in the C-P zone compatible with the purpose of the zone itself. i , . I r b. Policy 2.1.1: Findings: This policy addresses Statewide Planning Goal 1: Citizen Involvement. As discussed earlier under Goal 1, citizens will be • • t involved in all phases of the planning process, including the application for the amendment, related public hearings, and any • subsequent conditional use permit processes. c. Policies 3.2.1 - 3.2.4 Findings: These policies address the need to control development is within the 100 year floodplain and on land with severe physical f Y i limitations. The proposed amendment will have no impact on the availability of open spaces, nor will it increase the amount of land subject to natural hazards. Since the amendment merely requests that a new .definition and category of use be added to the list of conditional uses within the C-P zone, outside of the 100 year floodplain, no new hazard will be created. Furthermore, the C-P zone, primarily within the Tigard Triangle, is neither steep in ' Tr Hughes zoning Code Text Amendment Page 11 August 9, 1993 1 ? • 5;/: 4 s 1-4 t�. a x t,= • ^ ' .d.• 1 character nor is it marked by significant habitation of wildlife. Therefore, this amendment will not impact erosion or open -,:; space\greenway policies. d. Policy 4.1.1(a) 0 J Findinct .. This provision requires the city to maintain and improve ` . the integrity of Tigard's air quality. The proposed amendment 3{ allows, as a conditional use, a construction contractor's professional offices (including indoor storage of equipment) to be i ` located in the C-P zone. The C-P zone is located between three •, major highways, taking transportation convenient, economic, and therefore less pollution-producing. While this single zone `: Y\ 4 ordinance amendment may only produce minor gains, it represents an , integrated approach to the land use/air quality inter-relationship. — e. Policy 4.3.1 Findinc�ss This policy sets forth the city's approach to noise ' ' pollution problems. The proposed amendment will not have a ,,, *: : significant impact on the levels of noise pollution within the C-P , _ zone. The definition of "Construction Contractor's Professional r, Offices'! clearly contemplates only the indoor storage of equipment, 4 a in keeping with the surrounding office environment. Furthermore, , during the conditional use permit process, the site plan and site- :. 1 specific limitations of any proposed construction contractor's .... professional offices can be examined for potential noise issues. Hughes Zoning Code Text Amendment Page 12 August 9, 1993 Vii_• 0 :- .--0 .‘ .:1 r f. Policies 5.1 r 5.6 • • Findings: These provisions of the Comprehensive Plan address the city's need for ongoing economic development. In the Findings of , this section, the city acknowledges that:. . * A significant amount of commercial buildable land is •r • ', available for development. Most of this land is '`` concentrated in the Tigard Triangle area. * A core problem facing the City is lack of buildable land designated for industrial use. Tigard Comprehensive ;. Plan, p. II-29.. Thd city further acknowledges that the C-P land in the Tigard t.' Triangle that is developed with single family residential units is potentially available for redevelopment. Id., po 1-144. i 4.-+ ; Given these factors, the proposed amendment will have several „'. positive impacts. First of all, under-utilized land in the C-P zone will be-used for "Construction Contractor's Professional Of fices"-- a compatible use considering the proposed definition and purpose of • 3 r the zone. Secondly, "Construction Contractor's Professional , Offices" are distinguished from "Construction Sales and Services", i ,< i • �• , the latter requiring an industrial zone for site approval. This distinction decreases the demand on land that is zoned for { industrial uses and funnels the newly defined • a. • , commercial\professional use category toward under-utilized C-P zoned land. Finally, the city clearly envisions the C-P zone as one of slow transition away from single family residential units • �,B „ and toward redevelopment. The proposed amendment to the zone ]y ordinance is in keeping with this approach. Hughes Zoning Code Text Amendment Page 13 August 9, 1993 1 ,-� • . ♦ • g. Policies 7.i.1 - 7.12.2 .. Findings: The proposed zone ordinance amendment will have no impact upon the public facilities and services of the city. The amendment ' essentially redirects development towards a better location. In this case, that location is the C-P zoning district that the city identifies as being under-utilized. The C-P zone is also fully ; served by all utilities, and the proposed amendment will create no additional drainage, water, or sewer problems. . j f , - ` h. Policies 8.1.1 - 8.1.7 , y E.ndinas: These policies address the transportation problems facing ' '; the city. The city recognizes the need to complete the collector street system within the Tigard Triangle, where the C-P• zone is largely located. Nonetheless, the proposed amendment merely ` creates another category of conditional use. Any further development that my occur within the definition of "Construction Contractor's Professional Offices" must go through the city's conditional use permit process. Traffic issues will be approached 1. .- '.. ' on a case-by-case basis and as Y:, y- , previously discussed, the". 1 1 :, integration of construction contractor's offices and indoor a equipment storage within the Tigard Triangle may even reduce the economic and environmental problems associated with automotive transportation. o� "' Hughes Zoning Code Text Amendment Page 14 August 9, 1993 i. Policy 9.1.2 ` Findings: This provision inter-relates land use planning, transportation, and reduced energy consumption. As presented �E a. y . above, the location of "Construction Contractor's Professional Offices" within the C-P zone will allow for convenient and economic transportation for professionals-who must often use major highways - ' to get to job-sites. Energy consumption can be reduced through 4 adoption of this proposed amendment. - • j. Policy 11.4.2 Findings: This provision conditions further commercial development within the Tigard Triangle on certain roadway improvements. This condition, however, has exceptions that apply on a case-by-case • basis. This Comprehensive Plan Policy will therefore be addressed when an applicant seeks subsequent conditional use approval, at k which time, the various exceptions may be applied. i • + k. Policy 12.2 _ 4 s' :' Findings: This policy sets out locational criteria for commercial s F ' ' development. Since the proposed amendment merely creates another commercial use category, it complies with these criteria. The W , conditional use permit process will insure compliance with these ;. M site-specific factors. en 0 Lti . - .. i Hughes Zoning Code Text Amendment Page 15 August 9, 1993 , i t]' -, i 5. Applicable Provisions of the Implementing Ordinances . a. Section 18.64.010 Findings: This section sets out various purposes of the city's C-P zone. One of the more specific purposes is to provide for business • =4 and professional services in close proximity to major transportation facilities. By allowing construction contractors to locate their professional offices within the C-P zone, these businesses will have better and more direct access to major • transportation facilities, thereby reducing vehicular trips on less • appropriate transportation routes. In addition, since Construction Contractor's Professional Offices function in the same way as other professional offices, they are compatible with other C-P uses and will be supportive of uses permitted in the zone. b. Section 18.42.020(0)(11) Findings: This section defines "Professional and Administrative • yy Services". This definition refers to offices which are used primarily for "professional, executive management or administrative • offices, legal offices, architectural, or engineering firms." Construction Contractor's Professional Offices typically house f a. administrative services and function as would any other fag m professional office. • l „ - Hughes Zoning Code Text Amendment page 16 August 9, 1993 1 'raq;. r a• .; ,.. i ( ! 6. Proof of a Change in Community or Inconsistency in the r° ,- Comprehensive Plan • • Findings: The applicant has demonstrated above that there is -4. '—, currently a gap in the code which tends to categorize all building J3;>`' contractor's offices as "Construction Sales & Service" uses, even "s,.:'i.. though snore building contractor's offices function as professional r;. }; �'' and administrative offices. The proposed code amendment remedies Y . ° this inconsistency in the code. : : � . . CONCLUSION <.' The applicant has worked with the city's planning staff to develop a definition of "Construction Contractor's Professional ;a ' ?"r'.' ; ; Offices" that will distinguish typical building contractor's • offices from those contractors who are large enough to require ` separate space to house their professional and administrative staff "' functions. No outdoor storage will be allowed and the proposed use J� will compliment the existing range of uses currently permitted in the C-P zone. By allowing "Construction Contractor's Professional ;. •• • Off ices as -a conditionag use in the Cop zone, the city will be :1'1 '',, `' able to review each request on a case-by-case basis through the city's conditional use process. This will help insure that the '' aG proposed use will be compatible with the surrounding area. Overall, the proposed amendments help fill an important gap in the • C city's development code, thereby correctly categorizing certain s;. A construction contractor's offices. in a "manner that is similar to , other professional and administrative offices. 4L • . Hughes Zoning Code Text Amendment Pace 17 August 9, 1993 .fl) 1", ^ ■i' 4. , 1, " ''p ' ' -,' i _t 4 '‘' '.. * - 0 0 .' s ."; MEMORANDUM CITY OF TIGARD, OREGON • �" . TO Planning Commission FROM: Victor Adonri, Development Assistant Planner -" ..- DATE: September 13, 1993 SUBJECT: Zone Ordinance Amendment ZOA 93-0006 •t SUMMARY i,,:"., ' - The Hampton Partners and Joseph Hughes Construction, Inc. has T : ? proposed an amendment to Chapters 18.42 (Use Classification) , and 18.64 (Professional Commercial Zone) of the Community Development ;`^ >; :e Code. The proposed amendment adds Construction Contractor's Professional Offices to the list of the use classifications, and as • i, , a conditional use in the C<-P zoning district • '`'e. (Professional/Administrative Office Commercial District) . Attached ` t• are copies of Chapters 18,42, and 18.64 of the Community Development Code. The proposed amendment would add construction ,' • • contractor's professional offices in Sections 18.42.020(C) (12) , ea `Y' ` and 18.64.040.A.5. The applicant's statement asserts that because construction ?• =� S`e .` contractor's professional offices contemplates typical office ' functions and designs, allowing indoor storage and prohibiting outdoor storage of construction vehicles and materials, will fill :`. s.•;ra• a much needed gap in the code between professional and Y`� " ' administrative services and construction sales and services. In ' addition, the applicant indicates the following: the changes will ; allow under-utilized land in the C-P zone to be put to use that is • compatible with the underlying purpose of the zone; conflicts or y3.' '`;y,.impacts resulting from construction contractor's professional ,,; '4-3. ',., office uses should be minimal. The conditional use process requires that effects of a construction contractor's professional • a. offices use be reviewed on a case by.case basis, and possible 4,, '';i. mitigation measures can be provided if necessary. _ui;: Staff concurs with the applicant's statement that the use is J compatible with the underlying purpose of the zone. There is relatively minimal potential e-for conflicts between the use and ` 0 other uses permitted in the C-P zoning district due to the • y prohibition of outdoor storage and the ability of the conditional use review process to consider mitigation measures. Permitting construction contractor's professional office uses in the C-P zoning district would be consistent with many of the purposes listed for the C-P zoning district (Code Section 18.64.010). This �.; includes: "# a�. ti 1 � ' �' i F Yr"�..° .a. r.. ' L'' T { iii • e. ;..;y.:'.; A, "3 To provide opportunities for employment and for business and professional services in close proximity to residential neighborhoods and major transportation n facilities; t 4. To expand the City's economic potential; s. 5. To provide a range of compatible and supportive uses." :j : • - Construction contractor's professional office uses provide for the needs of area residents and businesses. Impacts such as traffic levels that exceed normal residential area impacts can be viewed as . an intermediate usage between residential usage and more intensive commercial uses. In addition, typical construction contractor's °'°' • professional office buildings and development sites are of a size that is similar and largely compatible with the scale of , development of other uses permitted in the C-P zoning district. The added definition for construction and contractor's professional -, '' I' ; ' offices Clearly specifies "incidental indoor storage" so that ;: :;, .,.:. storage would not be of a scale that would not be incompatible with other C-P uses. Therefore, staff concludes that allowing :: . `: construction contractor's professional office uses as:,a conditional ; :. ' use in the. C-P zoning district would be supportive of the purpose of the C- > zoning district. ° }' COMMENTS :4- .'•': ° Staff has notified all NPOs, all abutting cities and Washington County, and the City's Engineering Department of the proposed -„ ; •R. amendment. All returned requests for comments received so far have indicated no comment or concern with the proposal. Any subsequent comments will be provided to the City Council when this proposed amendment is forwarded for final review. '�: RECOMMENDATION _... , , Staff recommends that the Planning Commission forward a ,3 recommendation for approval of ZOA 93-0006 to the City Council to k12'y:' '. : add construction contractor's professional offices as a definition to the use classification, and as a conditional use in the C-P D. , zoning district under Code Sections 18.42.020(C),(12) , and ,, E 18.64.040.A.5. le 4 ;; d S .S'. TIGARD PLANNING COMMISSION { Regular Meeting Minutes -- September 20, 1993 1 1. CALL TO ORDER: President Pyre called the meeting to order at }; 7:40 PM. The meeting was held in the Tigard Civic Center - Town Hall - 13125 SW Hall Boulevard. 4. 2. ROLL CALL: Present: President Fyre, Commissioners Moore (arrived, at 7:40 PM) , Saxton, Schwab Schweitz. * 4 Absent: Commissioners Boone, Castile, - /<.4. Holland, Saporta. >' ,::,: Staff: Senior Planner Dick Bewersdorff, ;' Senior Planner Carol Landsman, Planning Commission Secretary k„ , ' Lorraine Campbell. a. '` .' 3. APPROVE MINUTES y` s Commissioner Saxton moved and Commissioner Schweitz seconded " }• .,' • to approve minutes of August 30, 1993. Motion carried by e, -.;.4 majority of Commissioners present. Commissioner Schwab abstained. _ "4 ,::;:,"r.. 4. PLANNING COMMISSION COMMUNICATIONS '• There were no Planning Commission communications. . " 5. PUBLIC HEARING 5.1 Q 0.4 ORQINANCE AMPNWENT ZO 93 0005 GRI ,LOS G} S 4 i . LOCATION: Citywide. A request to amend section 18.64.040 (A) of the City of Tigard Community Development Code to allow "C D. ` Construction Contractor's Professional Offices as a ; Conditional Use in the C-P (Professional Commercial) zoning district. APPLICABLE REVIEW CRITERIA: Community Development '. Code Sections 18.22.040 and 18.64.040 (A) . :�' 5 o Senior Planner, Dick Bewersdorff„ reviewed the staff report Cry ; regarding a zone ordinance amendment to add construction contractor's professional offices in Sections F 18.42.020(C) (12) , and 18.64.040.A.5. Staff said it agrees j ,: with the applicant's statement that the use is compatible with ' ':,k Page 1 - Planning Commission Minutes - September 20, 1993 ,y..=. ... ..'l4. a , ■ , . 0 jet .1• es the underlying purpose of the zone and recommends that the : .; Planning Commission forward a recommendation fox, approval to • y '; the City Council. o Commissioner Moore asked why the zone change had not been '*_ presented before and Dick Bewersdorff said that it had come up this past year. o President Fyre wanted to know what other municipalities are ='' doing regarding this type of zone change. o Senior Planner, Dick Bewersdorff, said it depends on zoning in those municipalities and the various uses allowed. `> APPLICANT'S PRESENTATION y ,,:; 0 Phillip E. Grillo, spoke on behalf of Hampton Partners and . Joseph Hughes Construction, Inc. 319 SW Washington Street, -'f' Suite 920, Portland, Oregon 97204,and said he agrees with the .,` ;• staff report and stated the location of the site. o Commissioner Schwab asked if this was an existing building and =2 ; *' '' what was "incidental indoor storage." -- o Mr. Grillo responded that it is an existing building and ' , "incidental" means accessory or left over building materials. o Mr. Joe Hughes, Joseph Hughes Construction, Inc. , 10170 SW .," :, Nimbus Avenue, Suite H-1, Tigard, Oregon 97223, discussed his company and said they handle approximately 150 projects a 1 'year. He said they are not looking for outside storage or ~''`: ` vehicle storage but the ability to put a storage addition on a' the building. -, o Mr. Grillo further clarified that the accessory use would not .,. overcome the underlying use of the building. 4. ,,: `. { `t° 0 President Fyre addressed the applicant saying that if they are `�'" `' in the CP zone he assumed they would keep their business as e presentable as the adjacent businesses. m W �; d.• 0 Mr. Hughes responded that having a good image is one of the •,, fuo company's rimar considerations since they moved into the primary y . '`,' L Scholls Business Park. :: - PUBLIC HEARING CLOSED ' k ± ` -a o After a short discussion all Commissioners said they had no problem with the zone change. ,. e. Page 2 - Planning Commission Minutes - September 20, 1993 -':1,- r, '' . .l''' ..q...+. 'D, P.,, ''''O' ,t' �fi+ : ' 7?4 .e, '.''4^.'. ''. 4' - . e ".::cr ' • J. , : •.:r ® Commissioner Schwab moved and Commissioner Saxton seconded to .. `'' forward a recommendation for approval of ZOA 93-0006 to the - , City Council. Motion carried unanimously by Commissioners ,.. present. . 5.2 COMPREHENSIVE PLAN AMENDMENT CR 93-0004/ZONING OI2D3CYimo ~:': -. AMENDMENT ZOA 93-0003 - TRANSPORTA ION PLANNING RULE AMENDU j +4. 3• A staff initiated amendment package intended to address State ;'' .:' of Oregon mandates related to development standards related to : ••:• transportation facilities. Proposed amendments are numerous ;, and therefore will not be listed in detail. Comprehensive Plan Volume I (Transportation Inventory Report) is proposed to be amended to allow a greater variety of improvement standards for local streets. Amendments are also proposed to the following Community Development Code Chapters: Chapter 18.98 '', , (Building Height Limitations: Exceptions) ; Chapter 18.106 ~` . - (Off-street Parking and Loading Requirements) Chapter 18.108 (Access, Egress, and Circulation) ; Chapter 18.120 (Site �'.r.` " Development Review) ;; and Chapter 18.164 (Street and Utility Improvement Standards) . 1 ' ":=�_`= o Senior Planner, Carol Landsman, discussed the proposed transportation related code amendments dealing with improving : pedestrian and bike access and street connections as well as . allowing narrower streets and clarifying code language. Carol said this is the second public hearing regarding the proposed ordinance changes and that the Transportation Planning Rule ;' i .R'`> deadline has been extended for one more year. Carol asked the Commission for their input as to how best to review the �'' -e `` voluminous wor5c of 55 changes. o President Pyre said that maybe they should take the more ' ' =:ti;:.. ; significant issues and focus on those. .;,: ; o Carol Landsman responded that one of the more significant :W'-' ,, amendments is that new developments do not create blocks that ,, are more than 1800 feet. Discussion ensued regarding cul-de" y' sacs, bike parking, block sizes. Carol said narrower streets will discourage vehicles from going through neighborhoods. >Y : 0 Commissioner Schwab asked how staff arrived at 1800 feet for ca ' the perimeter of a block. Carol said that Washington County .:=4 recommended that figure and the City of Tigard wanted to have -I the same standard. w a o Commissioner Fyre asked what were the other major changes in el ,� . the amendments. o Carol said one of the other major changes is making local s streets narrower. ; :, Page 3 - Planning Commission Minutes - September 20, 1993 c-' . . =•3* ''' ' ' . '. � �.c 1.1. . � ♦ .i r y 4 ..S ,'4 i i >.,:')t f Y.. I y ' • o-}rot. e Y 4 4 t ) �'\ , , N S fit , L, 00. 0 -'", , 1- ".. 1r • • ,' -1; t'' ''m MEMORANDUM :s-%7' '',:. CITY OF TIGARD, OREGON };'a. TO: Planning Commission FROM: Victor Adonri\, Development Assistant Planner DATE: September 13, 1993 Y_` SUBJECT: Zone Ordinance Amendment ZOA 93-0006 .a Y.. . . :•;.:ie SUMMARY "- ` The Hampton Partners and Joseph Hughes Construction, Inc. has ' proposed an amendment to Chapters 18.42 (Use Classification) , and 18.64 (Professional Commercial Zone) of the Community Development v,: <-_, Code. The proposed amendment adds Construction Contractor's �':`' '' '` Professional Offices to the list of the use classifications, and as ':z;. ,x ; a conditional use in the C-F zoning - district `"`x"° (Professional/Administrative Office Commercial Distract) . Attached f `"`«=are copies of Chapters 18.42, and 18.64 of the Community '"- Development Code. The proposed amendment would add construction :4" ;r, contractor's professional offices in Sections 18.42.020(C) (12) , f:.: '" . ',... and 18.64.040.A.5. - ' The applicant's statement asserts that because construction e,, contractor's professional offices contemplates typical office functions and designs, allowing indoor storage and prohibiting e. te, ''-} outdoor storage of construction vehicles and materials, will fill ' ."' a much needed gap in the code between •-:.;�., g p professional and '�;': <' administrative services and construction sales and services. In '',.- ,'* addition, the applicant indicates the following: the changes will ;; . 4; ;-„ allow under-utilized land in the C-P zone to be put to use that is '','.e,`. compatible with the underlying purpose of the zone; conflicts or `.` . ,; .`',.", : impacts resulting from construction contractor's professional office uses should be minimal. The conditional use process ; requires that effects of a construction contractor's professional ;`. A offices use be reviewed on a case by case basis, and possible ', '-± mitigation measures can be provided if necessary. - <, Staff concurs with the applicant's statement that the use is -I compatible with the underlying purpose of the zone. There is j ,.4'relatively minimal potential for conflicts between the use and other uses permitted in the C-P zoning district due to the prohibition of outdoor storage and the ability of the conditional `.;. use review process to consider mitigation measures. Permitting , =u construction contractor's professional office uses in the C-P zoning district would be consistent with many of the purposes ..:'# listed for the C-P zoning district (Code Section 18.64.010) This includes ,i$ } ' ._ ._ ;t' r:{ a t to , .'ti e + ♦ ;1,1a,:- .. 'i .' "3. To provide opportunities for employment and for business e.di and professional services in close proximity to . `. residential neighborhoods and major transportation facilities; S , ` '- 4. To expand the City's economic potential; 5. To provide a range of compatible and supportive uses. " Construction contractor's professional office uses provide for the needs of area residents and businesses. Impacts suz.h as traffic levels that exceed normal residential area impacts can be viewed as ` an intermediate usage between residential usage and more intensive commercial uses. In addition, typical construction contractor's ` L professional office buildings and development sites are of a size that is similar and largely compatible with the scale of development of other uses permitted in the C-P zoning district. The added definition for construction and contractor's professional k { offices clearly specifies "incidental indoor storage" so that storage would not be of a scale that would not be incompatible with y other C-P uses. Therefore, staff concludes that allowing construction contractor's professional office uses as a conditional use in the C-P zoning district would be supportive of the purpose of the C-P zoning district. COMMENTS Staff has notified, all NPOs, all abutting cities and Washington • " County, and the City's Engineering Department of the proposed • y amendment. All returned requests for comments received so far have • i>a indicated no comment or concern with the proposal. Any subsequent comments will be provided to the City Council when this proposed ?` amendment is forwarded for final review. RECOMMENDATION Staff recommends that the Planning Commission forward a "_ recommendation for approval of ZOA 93-0006 to the City Council to add construction contractor's professional offices as a definition to the use classification, and as a conditional use in the C-P n. zoning district under Code Sections 18.42.020(C) (12), and ge 18.64.040.A.5. : i 1'" a l f A {/i Chapter 18.42 , USE CLASSIFICATIONS , { Sections: ; 18. 2.010 Purpose .;:t..'.,:*'' 18.42.020 Listing of Use Classifications 28_42.010 Pu_r_pose "•' A. The purpose oe this chapter is to classify uses into a limited number of use ,: ..,,: types on the basis of common functional, product or compatibility =`. {' rhasacteristics; thereby providing a basis for the regulation of uses in accordance with criteria which are directly relevant to the public interest. (Ord. 89-06; Ord. 83-52) 18.42.020 Listin ho€ Uoe Glassificarti,2as :.•." : . ': A. Residential Use Types: ': • Residential use types include the occupancy of living accommodations on a wholly or primarily nontransient basis:. 4- 1. Single-Family Detached Residential Units: a: %.''_. ''" One dwelling unit, freestanding and structurally separated from other : '':j_ . dwelling units or buildings, located on a lot; .`'': 2. Duplex Residential Units: • Two dwelling units placed so that some structural parts are in common and are located on a single lot or development site; -40_ `` 3. Single-Family Attached Residential Units: ' Dwelling units attached side side but on say • <,. ... g by pirate lots with some -°: '' . structural parts in common at a common property line; 4. Multiple-Family Residential Units: A structure containing at least three dwelling units in any vertical :,, " ':: or horizontal arrangement located on a single lot; '- �1,?'''''' 5. Group Residential: Or Refers to the residential occupancy of living units by groups of more r'', @: than five persons who are not related by blood, marriage or adoption, 1- and where communal kitchen/dining facilities are provided. Typical uses include occupancy of retirement homes, boarding. houses, cooperatives and halfway houses, but excluding residential care '1 .J facilities as specified in Subsection 6 of this section; r ` W m,t * C.t. .. ' Revised 1/17/91 Page 80 3 •,..•-: ui, > ^s `1+. yi•, t, , ;• I ! w ... ,' 1 ,+R $ s. i; `3. 1.r.. r... ..r t .. 5 .. . - < • �. .. -_ T 6. Residentia Care Facility: Refers to services provided in facilities licensed by the state to .,: provide board, room,, and care to six or more mentally retarded developmentally disabled: mentally, emotionally, or behaviorly ;•- ';t disturbed; physically disabled or socially dependent residents; alcohol or drug dependent persons or any combination of such residents totaling "' six or more in one or more buildings on contiguous properties. Excluded are those uses classified under hospitals. Typical uses .F :.;.. ': include intermediate care facilities and institutions for the mentally ee ,t retarded aad physically handicapped. 7. Residential Treatment Home: A facility that provides for five or fewer mentally emotionally or behaviorly disturbed individuals or alcohol or drug dependent persons, :' residential care and treatment in one or more buildings on contiguous el eeor properties. Supervisory staff are required for the operation of the e. facility. S. Children's Day Care: A day care facility operated with or without compensation that is . ee' certified by the state to` care for 13 or more children, or a facility that is certified to care for 12 or fewer children and located in a ^` ': ` bonding constructed as other than a single family dwelling. Typical - uses include nursery schools, preschools, kindergartens, child play de. , schools, before or after school care facilities, or child development centers. . 9. Family Day Care: w t ,. Includes two types of child care services: Family Day+Care and Group ; "''=::`= Day Care Home as defined by Oregon State Statute. Family Day Care ".. refers to the provision of day care services for children, with or ,:v;,�e 3 without compensation, in the home of the caregiver. Family Day Care . .i -.,? may provide care for six or fewer children full-time, with an additional four or fewer full-time or part-time children. During the ., �-` school year, a family day care provider may care for four additional day care children on days and during the hours school is not in ,i ,{ . :; session. Such children must be at least an age eligible for first edd grade. During summer vacation, a family daycare provider may care for four additional day care children of any age up to a maximum of four ;,,.: • hours per day. No moee than a total of 10 children including the •:` .'':•°1.`-'; provider's own children may be present at any one time. A Day Care Group Home is one in.which care is provided in the home of to . the caregiver, with or without compensation,Ympensatiori, for seven through 12 ti ' children. It is subject to certification by the Children Services Division. Variation from the above constitutes a Child Day Care .,,� Center. See Subsection 8 of this section. For the purposes of this , ± section, *full-time' is defined as eight of more hours in a 24-hour • El period. *Part-time* is defined as four or fewer hours in a 24-hours period. O J Revised 1/17/91 Page 81 s ' . * : {- . ,. . ,, >;, , _, .,• 44si f ). 4 '''?2,,.i„..;;;''...‘, - B. Civic Use W s: �, ;' ,'. Refers to utility, educational, recreational, cultural,. protective, t:.: :- - governmental,governmental, .and other uses which are public or quasi-public in nature: 1. Public Administrative. Agency: - e Refers to . . ;,;-,:>� public service providers, raacx�rdEtee�ing, clerical, or ,' contact services that deal directly with the citizen, together with incidental storage and maintenance of necessary vehicles, and excludes .' commercial use type, professional and adm ,nistrative services. Typical use types' are associated with governmental offices; j 2. Community Recreation: `t -.1-' Refers to recreational, social, or multipurpose uses typically : ' :- - associated with parks, playfields, golf courses, or ccomunity recreation buildings; ''` 3. Cultural Exhibits and Library Services: +':. a.` ;.', a ,... Refers to museums, exhibition of objects in one or more of the arts and . sciences, gallery exhibition of works of art, or library collections of books, manuscripts, etc., for study and reading; 4 - T +� 4. Public Support Facilities: Refers to services which are necessary to support uses allowed outright in the underlying zone and involves only minor structures such as power `;, lines and poles, phone booths, rand fire hydrants as well ass bus stops:, -.- ", benches, and mailboxes which are necessary to" support the principal <.., development; 'A' 5. Hospitals: , .:}' .' leer +rte t;=ji Refers to an institution where the ill or injured may receive medical, e, surgical, or psychiatric treatment as well as nursing care, food, and lodging during their stay; a -,e,., e 6> Lodge, Fraternal, and Civic Assembly: V .; '' Refers to meetings and activities primarily conducted for the members �. „�..,., of a particular group. Excluded from this use type are uses classified + <' as group residential, group care and transient lodging (all types). j : " _, Typical uses include meeting places for civic clubs,, lodges, or fraternal or veterans organizations; ;, al 4' Revised 1/17/91 " Page. 82 , .. •• ,, k.t '4, . , •.ate -_ i '.1... ..'d .. .... - • 7 Utilities: Refers to services and utilities which have a substantial.visaual-impact .. , on an area. Typical places or uses are sanitary landfills. airarts, -. . 4.' detention and correction institutions, muss transit waiting stations =:* '.' or turnarounds, electrical and gas distribution substations, radio microwave. telephone transmitters, and cable TV receivers and transmitters; .` s4 Parking Facilities: Refers to parking services involving garages and lots, excluding :°.. required parking lots within the same lot of a particular development j"^ or use; . 9. Postal Services: Refers to mailing services and processing as traditionally operated or l waed by the United States Postal Service, United Parcel Service and other posted services; ' 10. Public Safety Facilities: • Refers to the providing of protraction by a district or entity F Y pursuant •i `'_' to fire, life, and safety code sections together with the incidental s., storage and maintenance of necessary vehicles. Typical uses include , fire stations, police stations, and ambulance services; 11. Religious Assembly: :'. 2''. Refers to . religious services involving public assembly such ass ''':. - customarily occurs in synagogues, temples, and churches; 12. Schools: Refers to a public, private or parochial place or institution for teaching or learning. Typical uses include nursery, elementary, junior and senior high schools and related uses; excluding trade and business schools and colleges. ?t' ' C. Commercial Use Types: :�:=. Commercial use types include the distribution and sale or rental. of goods and `: 1; ' :,1. Adult Ent ainment: < Refers to establishments or places of business which are engaged in the {. provision of books, magazines, or .other material distinguished or i•: les characterized by an emphasis on matters depicting specified.sexual ' activities or specified anatomical ,areas as .defined in Secticu :se, e, 18.26.030. Typical uses include adult bookstores, adult motion picture • . ,theaters, and topless, bottomless, or nude dance. halls; { 2., Agricultural: Refers to the sale from the premises of feed, grain. .fertilizers, Pesticides, 'and similar goods. Typical uses include nurseries, hay, ' eed, and green stores; s; • '3... Agricultural Horticulture Services: Refers to establishments or places of business engaged in the provision . of agriculturally related services with incidental storage on lots other than where the service is rendered; , 4. Amusement Enterprise: Refers to establishments or places primarily engaged in the provision -:'- '.e'' of entertainment or recreation which require less personal physical activity than those uses included in indoor participant sports and recreation. Typical uses include billiard parlors, bowling alleys," x• -' arcades and electronic game room facilities, or movie theaters: 1 ,,: ,, S. Animal Sales and Services: Refers to establishments or places of business primarily engaged in animal related sales and services. The following are animal sales and • .„ , services use types: a. Animal Sales and Services: Auctioning: 4 auctioning of livestock on a wholesale or retail basis with •: incidental. . storage of animals produced off property not ' c ; ` • exceeding a 48-hour period. Typical uses include animal "- e auctions or livestock auction yards; s b. Animal Sales and Services: Grooming: • y 7 ' Grooming of dogs, cats And similar small animals. Typical uses'. " include dog bathing and clipping salons or pet grooming shops; 4 1. 1 ' Revised 1/17/91 Page 84 t �,a .,-;. . 2'.. '- ;:.^. ..••••::: ; • • I - c. Animal Sales and Services: Kennels • Kennel services for dogs, cats, and similar small animals. •• Typical uses include boarding kennels or dog training ceinters; d. Anil Sales and Services: veterinary. Large Animals: Veterinary, services for large animals. Typical uses, include , • n'-'•' animal hospitals for large animals (horses, sheep) or veterinary ', • \- hospitals for large animals; e. Animal Sales and Services: Veterinary, Small Animals: Veterinary services for small animals. Typical uses include pet clinics, dog and cat hospitals, or animal hospitals for small e anls; 6. Automotive and Equipment: t.. Refers to establishments or places of business primarily engaged in motorized. vehicle related sales or services. The following are ,' _ . automotive and equipment use types: a o Automotive and Equipment: Cleaning: e ..----!; Washing a and polishing of autc biles. Typical uses include auto • laundries or car washes. " b. Automotive and Equipment: Fleet Storage: Fleet storage of vehicles used regularly in business operation and not available for sale or long term Storage of operating "•-le'-e.;,• vehicles. Typical uses include taxi fleet, mobile catering truck storage, or auto storage garages; c. Automotive and Equipment: Repairs, Heavy Equipment: r ,a-' Repair of trucks, etc., as well as the sale, installation, or •,,, servicing of truck or automotive equipment and parts, together 7 with body repairs including welding, painting, and steam cleaning. Typical uses include truck transmission shops, body • shops, or motor freight maintenance groups. d. Automotive and Equipment: Repairs, Light Equipment i, Repair of automobiles and the sale, installation, and servicang of automobile equipment and parts, automotive painting, but ., VZexcluding body repairs and painting. Typical uses include g.,. muffles shops, auto or motorcycle repair garages. including ! ea • welding or auto glass shops; t: mi. l Revised 1/17/91 Pageil85 ` e. ;Automotive and Equipment: Body Repairs, Light Equipment: ' , Repair of automobiles and light vehicles under 10,000 pounds ee e..,,` gross cargo weight including body repairs, welding and painting;' P. f. Automotive and Equipment: Sales/Rentals, Farm Equipment: .. ' Sale, retail or wholesale and/or rental from the premises of ; farm equipment together with incidental maintenance. Typical uses include farm equipment dealers; :e g. Automotive and Equipment: Sales/Rentals, Heavy Equipment: Sale, retail, or wholesale and/or rental from the premises of heavy construction equipment, trucks and aircraft together with incidental maintenance. Typical uses include aircraft dealers, boat dealers, heavy construction equipment dealers, or tractor ,• trailers; r a, h. Automotive and Equipment: Stiles/Rentals, Light Equipment: a Sale, retail or wholesale and/or rental from the premises of '" � ' autos, noncommercial trucks, motorcycles, motorhomes, boats and ' v trailers with less than. 10,000 pounds gross cargo weight together with incidental maintenance. Typical uses include '.'automobile dealers, car rental agencies, boat dealers or i: i'• ,. e recreational vehicle sales and rental agencies; i. Automotive and Equipment: Storage, Nonoperating Vehicles: ' "• ,'.1 Storage of nonoperating motor vehicles. Typical uses ixiclude storage of private parking tow-aways or impound yards; A . a• Automotive and Equipment: Storage, Recreational. Vehicles and Boats: 4fe-, '.-,..:'''‘e.',,,4': ,. ,- Storage of recreational vehicles and boats. Typical uses ,�'+` include the collective stony. aa. personal recreational vehicles or boats; :''i` ;'', 7. Building Maintenance Services: • I,,.. Refers to establishments primarily engaged in the provision of Y ' `..-4'' maintenance and custodial services. Typical uses include janitorial, • '' : landscape maintenance, or window cleaning services; �i. ^ t Gm! t . 'i, - it Y Revised 10/24/91 •1? a'"■ +: , 1. • .. ',x -M •., ','_k' ',k., ' .� L Y..y .'r •' .-A.:,'' . 'A 2 1,... : i, 'y °' 8. Business Equipment Sales and Services: `7` : , Refers to establishments or places of business primarily engaged in the "; ":• .';,1'.; sale, rental, or repair of equipment and supplies used by office, ,7'._.... professional and service establishments to the firms themselves rather 'r than to individuals, but excludes automotive, construction, and farm equipment. Typical uses include office equipment and supply fig, . ;' ±'' small business machine repair shops or hotel equipment and supply - firms; " •• 9. Business Support Services: 4. a: Refers to establishments primarily engaged in the provision of service =` of a clerical, employment, protective, or minor processing nature to firms rather than individuals, and where the storage of goods other :.--:, : >' than samples is prohibited. Typical uses include secretarial services, telephone answering services, or blueprint services; -' ` ` ' 10. Communications Services: ,.;. . Refers to establishments primarily engaged in the provision of .:: broadcasting and other information relay services accomplished through ='; the use of electronic and telephonic mechanisms but excludes those uses 1 ` lassified as Utilities in this title. Typical uses include television l;?%: studios, telecommunication service centers, or telegraph service '': offices; i; "% 11. Construction Sales and Services: `••',-;j''�,., Refers to establishments or places of business primarily engaged in " e construction activities and incidental storage on lots other than y/::.i, construction sites, as well as the retail or wholesale sale from the ",' : premises of materials used in the construction of buildings or other •. g ' structures, other than retail sale of paint, fixtures, and hardware, .'''''''''''''• ,' but excludes those classified as one of the automotive and heavy ":, ,,ee equipment use types. Typical uses include building materials stores, • tool and equipment rental or sales, and building 4;4, •. contracting/construction offices; V` .12'. 1. Consumer Repair Services: 3, Refers to establishments primarily engaged in the provision of repair services to individuals and households rather than firms, but excluding ''; �,:.. automotive and equipment use types. Typical uses include appliance - t repair shops, apparel repair firms, musical instrument repair firms, "n and shoe repair shops; ,:;` 12. Construction Contractor's Professional Offices: °• -I Refers to the administrative offices associated with firms who regularly engage in professional construction .,1 contracting. These offices function primarily as other 4r ".'l professional and administrative offices and are to be ,- distinguished from construction sales and services uses. w, Construction ' Contractor's Professional Offices -may •t_ contain incidental indoor storage to accommodate various building materials and equipment related to the firm's • construction business. However, no outdoor storage of heavy vehicles, equipment. or construction materials shall • .:, s . be permitted. ir.;'.'e y~ Revised 1/17/91 Page 87 14e J6B. Convenience Sales and Personal Services: •. Refers to small, neighborhood oriented retail businesses which provide . '"� for the daily needs of nearby residents. It includes uses which are -- - intended for neighborhood grocery stores, drugstores, laundtcmats,, dry M1 :: cleaners, barber shops, and beauty salons t ,•" 15.44r. Eating and Drinking Establishments: Refers to establishments or places of business primarily engaged in the sale of prepared p- p p�►red food and beverages for on-premiss e�ns�nption. ;,,., ( Typical uses include fast order food establishments with and without drive-up facilities and sit-down eating establishments, taverns, bars, and lounges; , A.. Explosive storage: `.?.: Refers to the storage of any quantity of explosives in accordance with ti,.. ORS Chapter 480. Typical uses include storage in' the course of ,; manufacturing, selling or transporting explosives, or in the course of blasting operations; ` ; -_ Financial. Insurance and Real Estate Services: a e Refers to establishments primarily engaged in the r Tsrittiass:il provision of financial, insurance, real estate, or securities brokerage services. $ ` ' Typical uses include banks, savings and loans, insurance agencies, or r • _'• real estate firms, • ■ :. : 19.4-..r. Food and Beverage Retail Sales: y. "::' Refers to'establishments or places of business primarily engaged in the , : Y' retail sale of food and beverages for home consumption. Typical uses include groceries, delicatessens, or liquor stores, and excludes eating and drinking establishments; q: :e: , yq Funeral and Internment Services: • ',x+.''; Refers to establishments primarily engaged in the provision of services '-'2.7r*` . involving the care, preparation or disposition of human dead. The :�. f.t. ., following are funeral and internment services use types: • a. Funeral and Internment Services: Cremating: '., ":• Crematory services involving the purification and reduction of - x; the human body by fire. Typical uses include crematories or crematoriums; '' r Revised 1/17/91 Page 88._ • . .'-, z ,,.{ ;y, fit - ,. ' `- ' : l j „h ,- e . . ' * J__ ,.:4 sf z a - y`'; b. Funeral and Internment Se'rvi,ce: Interning: • Interning services involving the keeping of,human bodies other `-' than in cemeteries. Typical uses include columberiums or r mausoleums; 4', c. Funeral and Internment Services: Undertakings Undertaking services such as prepating the dead for burial and arranging and managing funerals. Typical uses include funeral k- homes,or, mortuaries; d. Funeral and Internment Services: Cemeteries: o< Cemeteries., 2DASS, General Retail Sales: Refers to the sale or rental of commonly used goods and merchandise for '" w personal or household use, but excludes those classified as. agricultural sales, animal sales, and services, automotive and. equipment, business equipment sales and services, construction sales and, services, food and beverage retail sales,, and vehicle fuel sales. Typical uses include department stores, apparel stores, furniture ; ;; stores, pet stores, or bookstores; s'; . '', A.9• Laundry Services: + 3 `' Refers to establishments primarily engaaged in the .provision of laundering, dry cleaning, or dyeing services other than those . = classified as convenience sales and personal services, general. i Typical uses include commercial laundry agencies, diaper services, or linen supply services, but excluding laundromats and dry cleaners; Medical and Dental Services: ,y Refers to establishments primarily engaged in the provision of personal '' health services ran ing from prevention, diagnosis, and treatment, or * < - rehabilitation services provided by physicians, dentists, nurses, and ' other health personnel as well as the provision of medical testing and analysis services, but excludes those classified as any civic use or i group residential/group care use types. Typical uses include medical' -•.• offices, eye.care offices, dental offices, rind laboratories, or health ;'' maintenance organizations; 1{ 't•. r xi , i Revised 1/17/91 Page 89. ',....;:.,,;', Participant Sports and Recreation: '''n''',':. Refers to ostaabli*tints or places primarily engaged in the provision , : =.4. of sports or recreation by and for partaci ts. 'Any spectators would. .",I n be incidental and on a nonrecurring is:. The following are r; participant sports and recreation use tweeze- : T,:-,, 1 a� '.. Scrap Operations a. Salvage: Refers to places of business primarily engaged in the storage, sale, diamsntling, • or other processing of used, sourcei separated. or waste materials which are not intended for reuse 47.,', e i&r their original form. Typical uses include automotive \y, •;.-e wrecking yards, junk yards, or paper salvage yards; and b. Recycling Collection Center: Refers to facilities where glass, cans, and papers or other ` + .... . materials are collected for the purpose of being transferred to a paper salvage of recycling facility; A.S. 0i. Spectator Sports and Entertainment Facilities: Refers to establishments or places primarily engaged in the provision of cultural, entertainment, athletic, and other events to spectators. - • `I .';' Typical uses include convention centers an sport stadiums; . 3. Transient Lodging: - -. Refers to establishments primarily- engaged in the provision of lodging • :1: services on a temporary basis with incidental food, drink, and other _.;.;• ' sales and services intended for the convenience of guests. Typical uses include hotels, motels, or bed and breakfast houses; ,.;'` '. .,i -. ; BpsaS: Vehicle Fuel Sales: i. 4. Refers to establishments or places of business primarily engaged in the V' ' retial sale from the premises of petroleum products with incidental sale of tires, batteries, and replacement items, lubricating services, ;.;x`{: and minor repair services. Typical uses include automobile service, �' stations, filling stations, or truck stops. Y v` A ,� D. Industrial Use Types: • • ; ;; Industrial use types include the on-site production of goods by methods not :, r -; commercial, agricultural, or extractive in nature: 1. Light Industrial: 4'c t1 c, a. Manufacturing of Finished Products: " aD�° The manufacture of finished products from previously prepared .. 1., material (excluding raw materials); r e. 4- 111 rt r .'t Revised 1/17/91 Page 91 r- � = b. Packaging and Processing: +, • r s. (i) - Refers to the production, processing, assembling, `: ' packaging, or treatment of products from previously ' processed materials; or (:ti) Production, processing, assembling, and packaging of ,. , Y finished products fad previously prepared materials. c. Wholesale. Storage, and Distribution: , : Refers to establishments or places of business primarily engaged •S' ,* ', in wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage, and distribution use types: (i) Wholesaling, Storage, and Distribution: Y+giniwarehouses: to Storage and warehousing service within a building(s) j primarily for individuals to store personal effects and `j s- businesses to store materials for operation of an industrial or cozxunereial enterprise located elsewhere:ss '-;:„•':Y': Incidental uses in a miniwadebouse may include the repair and maintenance of stored K at- materials by the tenant, but in no case may storage spaces in a miniwarehouse facility ,-.. „,t function as an independent retail, wholesale, business, or service use; and Spaces shall not be used for (44rkshops, hobbyshops, manufacturing, or similar uses and ' =:.2 human occupancy of the space is limited to that required to transport, arrange, and :-. maintain stored materials; T (ii) Wholesaling, Storage, and Distribution: Light: r Wholesaling, storage, and warehousing services within :2 enclosed structures. Typical uses include wholesale, di : i distributors, storage warehouses, or moving and .storage ' firms; ;.. ''." ' 2. Heavy Industrial: A!` ; ' ` a. Manufacturing of Finished Products: Refers to the manufacturing, processing, or a assembling of semifinished or finished products from raw materials; , a 4. y1i - ' ' Revised 1/17/91 Pate'92 aS d.7,(a f/ { K t .r� '.: .::' . b. wholesaling. Storage, and Distribution: Heavy: T.; Refers to open-air storage, distribution and handling materials and equip ent. aioal uses include mon nt'or stone'yards, or'. ;: yt grain. elevators. (Ord. 89-06; Ord. 5•'39; Ord. 85-22; Ord. 85- Ord. 84-295 Ord. 83-52) f - • ii 4'• s a 4 V Lr, t♦ E Wi•«..,, y i6v Ku Page 93 „ . Revised 1./17/91 .• j i ♦ .Vi, ti t 14:'. r ♦ `,.!"{.ASt t f J Y t 1161, Chapter 18.64. C-Pm PROFESSIONAL/ADMINISTRATIVE OFFICE • • COMMERCIAL DISTRICT r Sections:: i�. 1 i V, 18.64.010 Purpose 18.64.020 Procedures and Approval Process 18.64.030 Permitted Uses . ' ,. 18.64.040 Conditional Uses (See Chapter 18.130) 18.64.050 Dimensional Requirements 18.64.060. Additional Requirements 1864.010 Purpose A. The purpose of the C-P zoning district is: 1. To provide for groups of businesses and offices in centers; 2. To accommodate the location of intermediate uses between residential ' 7 districts and areas of more intense development; e ; '' 3. To provide opportunities for employment and for business and ' professional services in chose proximity to residential neighborhoods '. .' and major transportation facilities; 4. To expand the City's economic potential; :• i fx - -. 5. To provide a range of compatible and supportive uses; and 6. To locate office employment where it can support other commercial uses. i,• .`,, , B. The trade area will vary and may extend outside the community. This zone is r { intended to implement the policies and criteria set forth in the comprehensive plan. (Ord. 89-06; Ord. 83-52) , • 18.64.020 Procedures and Approval Process. , _ ,:''`,`' A. A permitted use, Section 18.64.030, is a use which is allowed outright, but is subject to all applicable provisions of this title. If..a use is not * ,.{ listed as a permitted use outright, it may be held to be a similar unlisted .,,:,._,,,.,,, A„',M1 use under the provisions of Chapter 18.43, Unlisted Use. : B. A conditional use, Section 18.64,040, is a use the approval of which is ' '' discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is. not listed as a conditional use, it may be held to be'a similar unlisted use -- under the provisions of Chapter 18.43, Unlisted Use. (Ord. 90-41; Ord. 89- 1.- 06; Ord. 83-52) ',:'.:..ie--. .. C "% . ■ Revised 1/17/91 Page 130. . -® Clad3 1 b�u i- T ajl :H/IPi A�. K . „ .'.... . ... - ". ' . 18.64.030 Permitted Use* ...-:1-'.1. ...:* "..,-;".,..,. A. Permitted uses in the C-P district are as follows: - .. ,‘4 le Civic use types: l'-2-- . . '2-.. a. Public agency administrative services; b. Cultural exhibits and library services: .. ,... c. Public support faci/ities; '47, . -P, d. Lodges, fraternal and civic assembly; ..r e. Parking facilities; -. - f. Postal services; and .- :,„.7.... ..,...: .g. Public safety services; . . 2. Commercial use types: 4a. Animal sales and services: ,. .., '.4, ■•4'.-- - t: (i) Grooming; and (ii) Veterinary, small animals; . . -....-..' -...,'1- . b. Building maintenance services; . ''. c. Business equipment sales and services; . , ,.. d. Business support services; 4'. 1".:•:;',. 1 r- e. Communication services; f. Children's day care; g. Financial, insurance, and real estate services; h. Medical and dental services; Participation sports and recreation: '`,.:.'.'''-..... .. . ...7:e......, '' (i) Indoor; and (ii) Outdoor (not to exceed ten percent of the total square footage within the office complex); - ...-. 0., .. *.e 7 ..... ■ ge ', '.. 1.... ' j. Personal services, general; -- k. Professional and administrative services; .t . — .. al .,., . • .,,,.., -,•,„.-t„,-..-,* c , , ..,..,..., ..„:„, .. . , .. Revised 1/17/91 Page 131 i'.... T''''.4''' . ,.'*: .' .''4'.''.''' 4 t.'*:' '* ';'. . '.*.' ' ': :.4..';'. 4..i' . : 4 I'. ',%:.'•&4,..•11, , ”.'''. •,' ' ''' , —=!.,..q ..-,. .4.:;^'...,..,,' ,,-,, .‘ ' :', ,., -.,,., ' .,-,,,.. ., 4., ,•Sie.,,':,....,- - .1:„., MIUMUNOMMw y , 1, Res ch services; and . i'.'*" • m. The following uses, separately or in combination, shall not e is ' exceed a total of 20 percent of the entire square footage within /r the development complex: , (i) Convenience sales and personal .services; (ii) Eating and drinking establishments; and , '4. (iii) Retail sales, general; V i 3. Residential use types: a. Multiple-family residential units as a mixed use in conjunction, developed at R-40+ standards, with a conmercial development, only in the CP District within the Tigard Triangle and the Bull ,.Y Mountain Road District, on or above the second floor of the • structure; ; .;. b. Home occupations subject to provisions of Chapter 18.142; - c. Family day care; f.,"`.V'a Y:- 1. - • 4. Transient lodging/restaurant (on the same parcel); e. 5. Temporary use; • p 6. Fuel tank; or k`$. 7 Accessory structures. (Ord. 90-41; Ord. 89-06; Ord. 86-08; Ord. 85-32; `, . Ord. 84-73; Ord. 84-29; Ord. 83-52) " ?' ( 18.64.040 Conditional Uses (See Chapter 18.130) +-. A. Conditional uses in the C-P district are as follows: :; < 1. Heliports, in accordance with the Aeronautics Division (ODOT) and FAA; 2. • Hospitals; . '.,y 3. Utilities; and -,e ., ; 4. Religious Assemblies. (Ord. 92-15; Ord. 89-06; Ord. 85-32; Ord. 84-29; # .,:'' Ord. 83-52) r Oar( ; , Cis S 'A s" 1. -,_,Lt,„ 4 F dca,5'o 18.64.050 Dimensional Requirements `4,' MG q A. Dimensional requirements in the C-P district are as follows: ?kb P0 5 1. .4. 1. The minimum lot area shall be 6,000 square feet; � j 'a 2. The average minimum lot width shall be 50 feet; W3. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows: a. There shall be no minimum front yard setback requirement; , however, conditions in Chapters 18.100 and 18.102 must be met; '3 a . ` Revised 05/05/92 Pace,•132' .... uw "9 "S. .. .i ••et .,,Ve ... ',:. r- /, b.j.� k. e , �e : ;:,, Z , 1 4, e b. On orner lots and through lots, there shall be no minimum : setback requirement; however, the provisions of Chapter 18.102 a '' must be. satisfied; (e e*:'-- c. No side yard setback shall be required except 20 feet shall be ' required where the C-P zone abuts a residential zoning district; d. No rear yard setback shall be required except 20 feet shall be required where the C-P zone abuts a residential zoning district,, and e. All building separations shall meet all. Uniform Building Code requirements; ' 4. Except as otherwise provided in Chapter 18.98, no building in the C-P zoning district shall exceed 45 feet in height; 5. The maximum site coverage shall be 85 percent including all buildings and impervious surfaces; and , . 6. The minimum landscaping requirement shall be 15 percent. (Ord. 89-06; Ord. 85-32; Ord. 84-30; Ord. 84-29; Ord. 83-52) 18.64.060 Additional Requirements , A. Additional requirements in the C-P distract are as follows: 1. Overlay Districts, Chapters 18.80 Planned Development; 18.82 Historic Overlay District, and 18.84 Sensitive Lands; e-A L' " 2, Supplemental Provisions, Chapters 18.90 Environmental Performance :2- `` Standards, 18,92 Density Computations, 18.94 Manufactured/Mobile Home `e- x, 7' Regulations, 18.96 Additional Yard Setback Requirements and Exceptions, \ 18.98 Building Height Limitations: Exceptions, 18.100 Landscaping and ; Screening, 18.102 Visual Clearance Areas, Fuel A , 18.104 F Tank t, s Installations, 18.106 Off-Street Parking and Loading Requirements, ;e: 18.108 Access, Egress, and Circulation, and 18.114 Signs; 3. Site Development Review, Chapter 18.120; :, ,r>'e, . 4. Development and Administration, Chapters 19.130 Conditional Use, 1.8.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and --� 5. Land Division and Development Standards, Chapters 18.160 Land Division: '' Subdivision, 18.162 Land Division: Land Partitioning - Lot Line O. Adjustment, and 18.164 Street and Util,iey Improvement Standards. (Ord. - 90-41; Ord. 89-06; Ord. 83-52) ■ Revised 1/17/91 Page 133 't • y `a • ' .r.'IG4 Z a.^ L•4. ■ .'..i '...4 y - 4 .. ,_ .., i i .. .. X i. ,. . , 1:11 1\S A. 'y u.... -. err • 1 ��aa G , P.C. I Mornay at Low Hominy O a ?. , FACSIMILE COVER LETTER 334 9.V►'.w►a s Ssrsot Suits r+=' Portland,OR 97204 • Phone;( 33)224-3E61 9 y • - Fa:at®t!®o(3003)228-6031 ;+-47.:'. t TO: _ kir.164-4 afoerrdpritt Cellular:('303)799-4$76 , tiy RR: r C is4v44L DATE: 7-29. 13 Your FAX Number: . ..t Number of Pages Transmitted including this Page: ci .� Documents Faced: r . z x 1 JS Message: y as .. ._..._. a ; m This facsimile transmission (and/or documents accompanying it) may contain confidential information belonging to the sender which is protected by attorney/client privilege. The information is intended only for the use of the addressee named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in w - reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents. Thank you for your attention to this matter. i 4. t • K 1 a j: , PRIMP Ea GRILLO, P.C. V ' Attaraoy et Few a &Airless Ma 319 SM.v/ Street t , Suite 920 Portland,,OR l `.. July 21, 1993 ! Mae:(Wi)2X-36W P c i i le:(503)22S-6032 • Mr. Richard Beweredorff --- '' Senior Planner Cellular:(503)7994576 Community Development Department . City of Tigard 13129 S.W. Hall Boulevard P.O. Box 23397 r =f Tigard, OR 97223 a f RE3 Joseph Hughes Construction - Construction Office Zone Text Amendment Dear Mr. Bewersdorff. a.' 1 am writing to follow up on our recent telephone conversation and ,' previouo meeting on May 11, 1993, concerning a possible zoning code a` ?; °; text amendment that would allow certain types of professional + - building construction offices to be located in the city's C-P a (Professional0Administrative Office Commercial District) Zone as a t s conditional use. I will be meeting with you and members of your staff on Thursday morning to discuss our proposed zoning code text - ,:l.:-.1 amendment that would implement this change. It is my understanding from our earlier meeting and subsequent t conversations, that the city has received other requests from professional building contractors to locate their administrative }` ' offices in various commercially zoned sites within the city. As '� +- you know, the Code currently treats all construction offices the same and regards them as industrial type uses. iX My client, Joseph Hughes Construction, is seeking to locate their administrative offices on a site located in the city's C-P (Professional‘Administrative Office) Zone. Their offices are very similar in appearance and function to other professional and administrative offices which are defined elsewhere in the code. {: Por instance, there is virtually no difference between the r 0 administrative offices of our construction contracting firm and the -J professional offices of an engineering firm. ■ My approach to our proposed zoning code text amendment would be to create a new definition for "Building Contractors Professional ' . offices", then create a provision in the relevant commercial zones to allow such offices as a conditional use. t i ti4 2 � a A 4 t r P� y a 1+. �s j` . •v' , � rA Pr '. . 4. ...,,:'. r. Richard Bnweredorff ,,: '; ,%.- July 21, 1993 ..k, ` 1V;.., Page Two .{: :k Y X have prepared a preliminary draft definition for "building ..1. ':; `. Contractor's Professional Offices" (attached) for you and your T, staff to review at our meeting. We can discuss my draft and the logistics for our proposed text aamenda ent at our meeting. While my v: ':, .1 • primary responsibility is to carry out the interests of my client :`s - •y'' `., _, in this case, I am sensitive Co the needs of the city and would like to craft a text amendment that works effectively for all of . ..., :'• us. We have a fairly tight time schedule though, and want to . '.: develop the , ` p proposed text of they code amendment as soon as :';,. ", possible. X will make myself available to work with your staff on . -,v.:. this matter, Once again, thank you for your assistance. I look ,,=: forward to our meeting at 10 a.m. on Thursday morning, July 22nd. ':. ., ,,; s Sincerely, _• . . . pittitrfp''',:f"f:,:' 4 6ri/to ea) :::_i;_f),:i., j5:' '. = . - Phillip 2. Grillo Attorney at Law PEG/emw .1:1','",., cc• Joe Hughes e :,..:-•.-.. ',:4f": . (Attachment) • j • '41 •S aY • .:t• {,, A a e. ♦. . 2 .r .•. .. : . +... 1 . .. '•« .. .{ I .{ 1e y4 F•' t tY1 n V ;. : i (}` y ;Z. rrrYr -ftALtrsi ■ Iomr 4 f.' ..ry ICY +w.�loTrt�a. { ,,,,-•:. ., : " -'4 y:. au-ileling Contractor's Professional Offices ,, r,: ..;, ; ° Refers to the administrative offices associated with firms who regularly engage in professional construction contracting. These ° -- % offices function primarily as other professional and administrative '';4 :t:'• offices (See Code Definition of Professional and Administrative ,` :' Services) and are to be distinguished from Construction Sales and i _ -,',..•,'.....:".-`' Services uses, defined elsewhere in the Coder GmL4 R Contractor's Professional Offices may contain incidental indoor storage to accommodate various building materials and equipment '"T jv',,, ' related to the firma construction business. However, no outdoor storage of heavy vehicles, equipmen or constru tion materials , ;�F•?'r,� shall be permitted. �K f '°r-y� �G« 7 .gym-at' J� !a: t+ W• iii .4 'z 1 J$4. p A' i R... CO ' ,l I i t?t '4:-.,.. ..,:', . ',.i f '!TEST FOR COM B ... i,` 1 TO ell /.- •' &VE . DATE: August 16, 1993 '? FROM Tigard Planning Department RE: ZONE ORDINANCE AMENDMENT ZOA 93-0006 GRILLO/HUGHES LOCATION: Citywide. A request to amend section 18.64.040 (A) of the City of Tigard Community Development Code to allow Construction Contractor's Professional Offices '` as a Conditional Use in the C-P (Professional Commercial) zoning district. 4. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.22.040 and 18.64.040 (A) . { Attached is the Site Plan and applicant's statement. for your review. From information supplied by various departments and ,agencies and from other r information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Aua.26, 1993. You may ;' use the space provided below or attach a separate letter to return your comments. • If you are unable to _esoond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as A4 „ possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT: Victor Adonri i PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it . Please contact of our office. ' ' ' Please refer to the enclosed letter. "' `= Written Comments: '°"---- .._ . . ._. - 0 Name of Person Commenting: Yf ,�l �' Phone Number Number: Y.- 37-3 . ,1 •4.,.....\. ".1 .. ,