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ZOA2000-00005 ZOAZ000 00005 • 11,12 • CITY OF TIGARD Community<Deveoopment Shaping Better Community . 'sr," ,r: '.r,�'` :.SM Ky. ;.r .yg :r^�s:- '"2:: •;4.�: ^„'<". -,�. y.' .^;,' ;,,$ n-::.,_...,,.;;':, e t :i, d, ^?i ..•^< w: :'�`..fr, F,S°, zap y'�N �U � LA�N�D•aUS:E-�PR.DP§,OSAL.=rDES:GRIPTI=ON; .�= ... h.�.1%s"... :rL:9..w.. ., ss. ,.5'AS<`i>is..>,,.. .a. s .,, ..„",...:.°5..,.;�. ..n. ... .. '•a�:,^,5:. _, ,. a.,. .. . .�. ...ar.-..^;„-....,.. .. ,. .,.. _.b. ,. ... ,<... 120 DAYS = N/A FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2000-00005 FILE TITLE: CODE AMENDMENT TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS • APPLICANT: Ci ty Tigard and OWNER: N/A 419 g Attn: Duane Roberts, Associate Planner \� 13125 SW Hall Boulevard Tigard,OR 97223 REQUEST: The City. of Tigard is requesting approval of a Zone Ordinance Amendment to amend Table I8.530.I/of the Community Development Code to allow Community Recreation as a Conditional Use within two specific overlay areas of the I-P, I-L and I-H zoning districts. These areas are proposed to include: (I.) land classified as floodplain on City flood maps and (2.) land located outside the floodplain when the Recreational use is temporary and does not preclude allowed uses or Conditional Uses other than recreation. LOCATION: Citywide. ZONES: 1-P, I-L and I-H. APPLICABLE REVIEW • CRITERIA: Statewide Planning Goals I, 2, 5, 8 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.5.1, 3.6.1 and 3.6.2; and Community Development Code Chapters 18.380, 18.390 and 18.530. CIT AREA: East/South/West/Central CIT FACILITATOR: List Available Upon Request COMMENTS SENT: FEBRUARY 28, 2001 DUE: MARCH 14, 2001 DATE DLCD NOTICE WAS SENT: FEBRUARY 28, 2001 (47 days prior to 1” hearing) • DECISION MAKING BODY BELOW: ❑ TYPE I ❑TYPE II ❑ TYPE III ® TYPE IV ® PLANNING COMMISSION (MON.) DATE OF HEARING: APRIL 16, 2001 TIME:7:30 PM • CITY COUNCIL (TUES.) DATE OF HEARING: MAY 8, 2001 TIME:7:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION • PROPOSED ORDINANCE/AMENDMENTS ® STAFF REPORT ® DLCD NOTICE ® VICINITY MAP ❑ SITE PLAN STAFF CONTACT: Duane Roberts. Associate Planner (503) 639-4111. Ext. 347 • • Request to Schedule - Council Agenda Item (File wit • - der Cathy Wheatley) Meeting Date Ma Packet Material Due. Apt % 2..5 Agenda Topic (please state as you want the title to appear on the agenda) z--o A z_o o 0 0 5 740 4 Po a7 -rrrr�_ 1 f u '7 cii Check one: -I , .77-7-? �._L; - H Executive Session ❑ Study Session ❑ Business Meeting ❑ Consent Agenda [] Workshop Meeting [] Check if Applicable: Public Hearing Resolution ❑ Ordinance 11 Council Motion Requested Staff Report Required? Yes F-4 l No Estimated Time Needed at Meeting: /o Staff Contact Person(s): � `" 0 6 ¢��f Presentation Format ° — - Other Information: • • A Summary of Oregon's Statewide Planning Goals 1. CITIZEN INVOLVEMENT Goal 1 4. FOREST LANDS This goal defines calls for "the opportunity for citizens to forest lands and requires counties to be involved in all phases of the planning inventory them and adopt policies and process." It requires each city and county ordinances that will "conserve forest to have a citizen involvement program lands for forest uses." containing six components specified in the goal. It also requires local 5. OPEN SPACES, SCENIC AND governments to have a committee for HISTORIC AREAS AND NATURAL citizen involvement (CCI) to monitor RESOURCES Goal 5 covers more than and encourage public participation in a dozen natural and cultural resources planning. such as wildlife habitats and wetlands. It establishes a process for each resource to 2. LAND USE PLANNING Goal 2 be inventoried and evaluated. If a outlines the basic procedures of Oregon's resource or site is found to be statewide planning program. It says that significant, a local government has three land use decisions are to be made in policy choices: preserve the resource, accordance with a comprehensive plan, allow proposed uses that conflict with it, and that suitable "implementation or strike some sort of a balance between ordinances" to put the plan's policies into the resource and the uses that would effect must be adopted. It requires that conflict with it. plans be based on "factual information"; \\4I that local plans and ordinances be AIR, WATER AND LAND coordinated with those of other l ® RESOURCES QUALITY This goal jurisdictions and agencies; and that plans requires local comprehensive plans and be reviewed periodically and amended implementing measures to be consistent as needed. Goal 2 also contains with state and federal regulations on standards for taking exceptions to matters such as groundwater pollution. statewide goals. An exception may be taken when a statewide goal cannot or 7. AREAS SUBJECT TO NATURAL should not be applied to a particular area DISASTERS AND HAZARDS Goal 7 or situation. deals with development in places subject to natural hazards such as floods or 3. AGRICULTURAL LANDS Goal 3 landslides. It requires that jurisdictions defines "agricultural lands." It then apply "appropriate safeguards" requires counties to inventory such lands (floodplain zoning, for example) when and to "preserve and maintain" them planning for development there. through farm zoning. Details on the uses allowed in farm zones are found in ORS 8. RECREATION NEEDS This goal calls Chapter 215 and in Oregon for each community to evaluate its areas Administrative Rules, Chapter 660, and facilities for recreation and develop Division 33. plans to deal with the projected demand for them. It also sets forth detailed • • standards for expedited siting of 14. URBANIZATION This goal requires destination resorts. cities to estimate future growth and needs for land and then plan and zone 9. ECONOMY OF THE STATE Goal 9 enough land to meet those needs. It calls calls for diversification and for each city to establish an "urban improvement of the economy. It asks growth boundary" (UGB) to "identify communities to inventory commercial and separate urbanizable land from rural and industrial lands, project future needs land." It specifies seven factors that must for such lands, and plan and zone be considered in drawing up a UGB. It enough land to meet those needs. also lists four criteria to be applied when undeveloped land within a UGB is to be 10. HOUSING This goal specifies that each converted to urban uses. city must plan for and accommodate needed housing types, such as 15. WILLAMETTE GREENWAY Goal 15 multifamily and manufactured housing. sets forth procedures for administering It requires each city to inventory its the 300 miles of greenway that protects buildable residential lands, project future the Willamette River. needs for such lands, and plan and zone enough buildable land to meet those 16.ESTUARINE RESOURCES This goal needs. It also prohibits local plans from requires local governments to classify discriminating against needed housing Oregon's 22 major estuaries in four types. categories:, natural, conservation, shallow-draft development, and 11. PUBLIC FACILITIES AND deep-draft development. It then SERVICES Goal 11 calls for efficient describes types of land uses and planning of public services such as activities that are permissible in those sewers, water, law enforcement, and fire "management units." protection. The goal's central concept is that public services should to be planned 17. COASTAL SHORELANDS The goal in accordance with a community's needs defines a planning area bounded by the and capacities rather than be forced to ocean beaches on the west and the coast respond to development as it occurs. highway (State Route 101 ) on the east. It specifies how certain types of land and 12. TRANSPORTATION The goal aims to resources there are to be managed: major provide "a safe, convenient and marshes, for example, are to be economic transportation system." It asks protected. Sites best suited for unique • for communities to address the needs of coastal land uses (port facilities, for the "transportation disadvantaged." example) are reserved for "water-dependent" or "water related" 13.ENERGY Goal 13 declares that "land uses. and uses developed on the land shall be managed and controlled so as to 18. BEACHES AND DUNES Goal 18 sets maximize the conservation of all forms planning standards for development on of energy, based upon sound economic various types of dunes. It prohibits principles." residential development on beaches and active foredunes, but allows some other • • Y types of development if they meet key nearshore ocean and the continental criteria. The goal also deals with dune shelf." It deals with matters such as grading, groundwater drawdown in dunal dumping of dredge spoils and aquifers, and the breaching of foredunes. discharging of waste products into the open sea. Goal 19's main requirements 19. OCEAN RESOURCES Goal 19 aims are for state agencies rather than cities "to conserve the long-term values, and counties. benefits, and natural resources of the • • RAMIS CREW CORRIGAN & BACHRACH, LLP ATTORNEYS AT LAW 1727 N.W.Hoyt Street MEMORANDUM Portland,Oregon 97209 (503) 222-4402 Fax: (503)243-2944 Tn: Duane Roberts, Associate Planner City of Tigard FROM: Timothy V. Ramis and Gary Firestone, City Attorney's Office DATE: December 6, 2000 RE: Proposed Zoning Text Amendment ISSUES Does a change to the text of the Community Development Code that would conditionally allow a use in certain zones that is currently prohibited in those zones raise any Measure 7 issues? May the City proceed with such a change with reasonable assuredness that a Measure 7 claim challenging the text amendment would not be successful? SHORT ANSWER The proposed amendment does not raise any Measure 7 issues. The City should be able to defeat any Measure 7 claim based on the amendment. The issue is sufficiently clear that the chance of any claim is slight. ANALYSIS Measure 7 applies when a"local government passes or enforces a regulation that restricts the use of private real property." The proposed text amendment, which would allow community recreation use in certain commercial and industrial zones where that use is not currently allowed, is not a regulation that restricts the use of private real property. It expands and does not restrict the uses that are allowed. The language of Measure 7 is sufficiently clear that any Measure 7 challenges to the text amendment allowing an additional use are unlikely. The City should be able to defeat any Measure 7 claim that may be made by a motion to dismiss or similar procedure that will end any litigation before substantial expenses are incurred. G(f/acm/90024/measure7zoningamend me 1 AN 02 '01 10:59AM RAMIS CREW CORRIGAN P.3 • • • Memorandum re. Comprehensive Plan and CDC Text Amendments to Allow Recreational Uses in Commercial and Industrial Zones January 2, 2001 Page 2 Cities are generally free to decide on the mix of uses to be allowed in various zones. Few statewide or Metro regulations limit a City's ability to allow uses in a particular zone. The City must consider the statewide planning goals. The main concern is that the recreational uses not overwhelm . the commercial and industrial uses so as to violate Goal 9. The City must consider its Goal 9 obligation to zone sufficient land for commercial and industrial use and to limit uses to those which are compatible with the commercial and industrial uses. However, this should not be a problem. The City can place appropriate restrictions/standards on recreational uses in commercial and industrial zones to ensure compliance with Goal 9. For example, it could adopt a standard that requires the recreational use be compatible with and not change the commercial or industrial nature of the area. The City could also consider restrictions on the type of recreational facility (e.g. trails OK, regional parks not OK) or could limit the size of recreational uses. The City will also need to consider Metro's employment targets. However, allowing a limited amount of recreational uses in commercial and industrial areas should not affect the City's ability to • meet those targets. However, as with Goal 9, the City will need to ensure that the recreational uses do not overwhelm the commercial and industrial uses. pff/ccm/900241m,..we7zoniz m nd.mc2 • • • • • • • • • • • • • WOPO l • • • CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Planning Division FROM: Duane Roberts DATE: 02/21/01 SUBJECT: Applicant's Statement Zone Ordinance Amendment (ZOA) 2000-00005 REQUEST: The City of Tigard, as applicant, requests approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within specific overlay areas of the I-P, I-L, and I-H zoning districts. These overlay areas are proposed to include two types: (1) land classified as floodplain on City flood maps, when the Recreational Use does not otherwise preclude future cut and fill as needed to develop adjoining industrially zoned upland, and (2) land located outside the floodplain as shown on City floodplain maps, when the Recreational use is temporary and does not otherwise preclude allowed uses or other Conditional Uses within the zoning district. STATEMENT: The Tigard Community Development Code (CDC) currently prohibits the Community Recreation Use within the I-P, I-L, and I-H zoning districts. The present request is to amend the community development code to allow outdoor Community Recreation as a Conditional Use within all three zoning districts. Recreational Uses are proposed to be limited in terms of either location or duration through the establishment of two circumstances. One circumstance would include land classified as floodplain on City flood maps. Outdoor recreation would be allowed in this instance provided it did not otherwise preclude balanced cut and fill as needed (and permit approval obtained) to develop an adjoining industrially zoned property. An example of a Recreational Use under this circumstance would be the establishment of an open play area on City-owned land located entirely within the 100-year floodplain of an area zoned for Light Industrial development. The second circumstance would include land located outside the floodplain as shown on City floodplain maps. Outdoor recreation would be allowed as a Conditional Use in this case only when the recreational use did not preclude allowed uses or Conditional Uses other than outdoor recreation. The Recreational Use would be temporary. It would be allowed to continue until such time as the conversion of the property to an allowed or • • conditional use other than recreation occurred. An example of such a Recreational Use would be the establishment and operation of a public dog off-leash area on vacant industrial property - under a revocable lease agreement until the property were needed by the lease holder for the expansion of an existing industrial operation or sold for other industrial development. No changes to existing CDC regulations pertaining to floodplain protection are proposed. According to the Tigard Comprehensive Plan, the present restrictions on unrelated uses within commercial and industrial zoning districts are intended to protect the land within these districts for uses that provide employment opportunities for City residents and improve the City economic base. The main justification for the proposed amendment is that allowing Community Recreation within the proposed overlay areas would enhance and improve the city's livability, but at the same time would have no appreciable impact on the supply of land available for industrial development. The latter is true for two reasons. First, the current code prohibits industrial development within the 100-year floodplain. An exception to this prohibition is that balanced cut and fill is allowed. Under the proposed amendment, floodplain could be used for outdoor recreation only when such use did not otherwise preclude future balanced cut and fill as needed (and permit approval obtained) to develop an adjoining industrially zoned property. Second, under the proposed amendment, land developed for an outdoor recreational use outside the floodplain would not be removed from the inventory of industrially designated land, but would continue to be available for conversion to industrial use as market conditions dictated. Another justification for this change is that since 1996 the City has imposed a fee on new commercial and industrial development, i.e., $49 per employee. According to the 1996 Park System Development Charge (SDC) study, commercial and industrial development contributes an annual average of some $40,000 to the Park SDC Fund. The rationale for this fee is that the employees of Tigard-based businesses spend a portion of their time in the City using local recreational facilities. Prohibiting Recreational Uses within commercial and industrial zones, while at the same time charging such development for its impact on the demand for parks, unnecessarily and unreasonably limits the potential supply of nearby recreational opportunities available to the employees of local businesses. In conclusion, the supply of land available for recreational uses is dwindling, while land prices are at an all-time high. The proposed changes would make lower priced (1) environmentally constrained and (2) undeveloped commercially and industrially zoned land available to meet the outdoor recreational needs of local residents and employees. At the same time, the City's inventory of commercial and industrial land would not be threatened. I/Irpn/dr/zoa.dogs • • • TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities C C . P Colleges N N N Community Recreation tl�CM() Cisiio CNto Cultural Institutions N N N Day Care R3 9 R3 9 R3 9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N • - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 2These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 'In-home day care which meets all state requirements permitted by right. 4Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 'When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. • • • 8Explosive storage permitted outright subject to regulations of Uniform Fire Code. 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. oLimited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop! iadjoining industrially zoned upland; and(2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses! for Conditional Uses other than Recreation within the district. I/lrpn/zoa.table 18.530.1 • 120:D0S.=N/A CITY O OF TIGARD Community tDeve&opment Shaping Better Community CITY OF TIGARD 'Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: ZONE ORDINANCE AMENDMENT(ZOA) 2000-00005 Case Name: CODE AMENDMENT TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS Names of Owners: N/A Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Boulevard Tigard, Oregon 97223 Address of Property: Citywide within industrial zoning districts Tax Map/Lot Nos.: N/A 'A-FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A ZONE ORDINANCE AMENDMENT. THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON APRIL 16 2001 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON MAY 8,2001 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: D The City of Tigard requested approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Recreation as a Conditional Use within two specific overlay areas of the I-P, I-L and I-H zoning districts. These areas include: (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not preclude allowed uses or Conditional Uses other than Recreation within the district. In addition, the Conditional Use Section 18.330.050B.5.b of the Community Development Code was amended to establish a minimum automobile parking space requirement and parking plan provisions. ZONES: I-P, I-L and I-H. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5, 8 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.5.1, 3.6.1 and 3.6.2; and Community Development Code Chapters 18.330, 18.380, 18.390 and 18.530. Action: D ❑ Approval as Requested ® Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Affected Government Agencies ® The Affected Citizen Involvement Team Facilitator The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THE DECISION WAS SIGNED ON MAY 8, 2001, AND BECOMES EFFECTIVE ON JUNE 7, 2001. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: 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 procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • • - CITY OF TIGARD, OREGON ORDINANCE NO. 01- 03 AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE BY ADOPTING AMENDMENTS TO TABLE 18.530.1 AND SECTION 18.330.050.B.5.B TO ALLOW RECREATION AS A CONDITIONAL USE WITHIN ALL INDUSTRIAL ZONING DISTRICTS AND TO ESTABLISH OFF-STREET PARKING REQUIREMENTS FOR DOG PARKS. WHEREAS, the City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the City of Tigard Planning Commission held a public hearing on April 16, 2001, regarding the above listed amendments; and WHEREAS, the City's supply of land available for recreational uses is dwindling; and WHEREAS, the proposed standards restricting the location and duration of the recreation uses within the industrial zoning districts would ensure that the uses do not interfere with or overwhelm the industrial uses; and WHEREAS, dog parks attract people from outside the area who drive to the park; and WHEREAS, the City of Tigard Planning Commission voted unanimously to recommend Council adoption of the revised Code sections shown in Exhibit "A"; and WHEREAS, the City Council held a public hearing on May 8, 2001, to consider the amendments. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendments are consistent with all relevant criteria based on the facts and conclusions noted in the attached staff report(Exhibit "B"). SECTION 2: The specific text amendments attached to this Ordinance are hereby adopted and approved by the City Council. SECTION 3: This ordinance shall be effective 30 days after its passage.by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By Ufaif(1fl-N1S vote of all Council members present after being read by number and title only, this day of , 2001. • Catherine Wheatley, City Recorder ORDINANCE No. 01-63 - Page 1 • • APPROVED: By Tigard City Council this day of `-1(ta ,' , 2001. !kat. . e att...1-4/ J mes E. Gri f'.th, 1's js r Approved as to form: (M• _ Attorney 570 ( Date • ORDINANCE NO. 01-03 Page 2 • • EXHIBIT A TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation . . N N N CIVIC(INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation CNto CNio CNio Cultural Institutions N N N Day Care R3 9 R3 9 R3 9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N . N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 'In-home day care which meets all state requirements permitted by right. 'Permitted if all activities, except employee and customer parking,are wholly contained with a building(s). 'When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. "Explosive storage permitted outright subject to regulations of Uniform Fire Code. S 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. to Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adioining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. • • • • • 18.330.050B.5.b c. Any sign shall comply with the sign requirements, Chapter 18.780; d. Hours of operation shall be limited to 10:00 a.m. to 1:00 a.m.; e. All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use; f. Doors and windows shall at all times be closed except for normal ingress and egress; g. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portiotr Qf the structure in which the adult business is operated; and h. All adult entertainment establishments shall comply with all applicable state laws. 2. Motor Vehicle Servicing and Repair: a. Setbacks: (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and (3) All repair work shall be performed indoors. 3. Fleet Storage: a. No buildings or structures are allowed; and • b. Setbacks shall comply to those of the underlying zone. 4. Motor Vehicle Sales and Rental: a. Five feet of the perimeter setback shall be used for landscaping and screening purposes; 5. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; b. There are no off-street parking requirements, except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more, along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. Three automobile parking spaces are required for a dog park or off-leash area with a fenced area of less than one acre, along with an approved parking plan for anticipated peak use periods. Off- site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. 1' . 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S'.1 should be verified with the Devel�` ,,, '„'� . !, 1/al 13125 SW FIaII BIvd 1■7� •■■ • 1111 -` •/,a,/ •_ , ■■1 ■ Tigard OR 97223 �••••n.iinv v '•••ri` o ° (5lX'')Q9-0171 • -ect-g 1� �111�' '1111111111,111111111' ,� -rd;Pp�ti i ��,�:.� http./lwww.d.tigardor.us r Community Development Plot date:Feb 28,2001;C:Unagic\Magic03.apr • • CITY OF TIGARD, OREGON ORDINANCE NO. 01- 03 AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE BY ADOPTING AMENDMENTS TO TABLE 18.530.1 AND SECTION 18.330.050.B.5.B TO ALLOW RECREATION AS A CONDITIONAL USE WITHIN ALL INDUSTRIAL ZONING DISTRICTS AND TO ESTABLISH OFF-STREET PARKING REQUIREMENTS FOR DOG PARKS. WHEREAS, the City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the City of Tigard Planning Commission held a public hearing on April 16, 2001, regarding the above listed amendments; and WHEREAS, the City's supply of land available for recreational uses is dwindling; and WHEREAS, the proposed standards restricting the location and duration of the recreation uses within the industrial zoning districts would ensure that the uses do not interfere with or overwhelm the industrial uses; and WHEREAS, dog parks attract people from outside the area who drive to the park; and WHEREAS, the City of Tigard Planning Commission voted unanimously to recommend Council adoption of the revised Code sections shown in Exhibit "A"; and WHEREAS, the City Council held a public hearing on May 8, 2001, to consider the amendments. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendments are consistent with all relevant criteria based on the facts and . conclusions noted in the attached staff report(Exhibit "B"). SECTION 2: The specific text amendments attached to this Ordinance are hereby adopted and approved by the City Council. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By Droll 'MOUS vote of all Council members present after being read by number and title only, this fit±' day of �� 2001. 04E')rk-t- Ut..4e Catherine Wheatley, City Recorder ORDINANCE No. 01-03 Page 1 • • APPROVED: By Tigard City Council this so — day of r— 2001. J mes E. Grif'.th, l'%%i r Approved as to form: Attorney 3 NO ( Date . ORDINANCE No. 01-03 Page 2 • • EXHIBIT A TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C C P Colleges. N N N Community Recreation CNio CNio CNio Cultural Institutions N N N Day Care - R3 9 R3 9 R3 9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P • OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries • N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family.` 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a • development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 31n-home day care which meets all state requirements permitted by right. 4Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 'When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the 1-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 8Explosive storage permitted outright subject to regulations of Uniform Fire Code. • • ! • 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. to Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps= when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. • • • • • 18.330.050B.5.b c. Any sign shall comply with the sign requirements, Chapter 18.780; d. Hours of operation shall be limited to 10:00 a.m. to 1:00 a.m.; e. All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use; f. Doors and windows shall at all times be closed except for normal ingress and egress; g. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated; and h. All adult entertainment establishments shall comply with all applicable state laws. 2. Motor Vehicle Servicing and Repair: a. Setbacks: (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and (3) All repair work shall be performed indoors. • 3. Fleet Storage:, a. No buildings or structures are allowed; and b. Setbacks shall comply to those of the underlying zone. 4. Motor Vehicle Sales and Rental: a. Five feet of the perimeter setback shall be used for landscaping and screening purposes; • 5. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; .b. There are no off-street parking requirements, except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more, along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. Three automobile parking spaces are required for a dog park or off-leash area with a fenced area of less than one acre, along with an approved parking plan for anticipated peak use periods. Off- site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. • AGENDA ITEM# FOR AGENDA OF 5/8/01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Zone Ordinance Amendment to Allow Recreation as a Conditional Use within all Industrial Zoning Districts PREPARED BY: Duane Roberts DEPT HEAD OK A / ! TY MGR OK l/‘444-1v� ISSUE BEFORE THE OUNCIL Should the City amend the Community Development Code to allow outdoor recreational uses within the industrial zoning districts? STAFF RECOMMENDATION Approve the proposed ordinance amendment, as recommended by Planning Commission. INFORMATION SUMMARY The Tigard Community Development Code currently prohibits Community Recreation within all the industrial zoning districts. The proposed, City-initiated amendment would allow outdoor recreation as a Conditional Use within these districts under certain circumstances. These circumstances include (1.) land classified as floodplain when the recreational use does not preclude the future industrial development of adjacent upland and (2.) upland areas when the recreational use is temporary and the land is available for conversion to industrial use as market conditions dictate. • The effect of adopting the amendment would be to make additional land available for recreational uses without interfering with the supply of land designated for industrial development and without adversely affecting the City's ability to meet the job target capacities set by Metro, which are based on vacant land and redevelopment and infill opportunities. Allowing recreation on the limited basis proposed by the amendment would contribute to an improved quality of life and, correlatively,to an improved business climate within the City. On April 16th, the Planning Commission conducted a hearing on the proposed amendment. At the conclusion of the hearing, the Commission voted unanimously to recommend to Council that the amendment be approved. The recommendation included the qualification that parking standards be developed as a.companion to the proposed amendment. The current code contains no parking standards for outdoor recreation. The portion of the Planning Commission recommendation pertaining to parking is worded as follows: "Recommend the City Council . . . adopt appropriate parking standards for the temporary use to include allowing unpaved parking and to focus the required parking dependent upon existing available parking." In response to the Planning Commission's recommendation regarding parking requirements, staff called several cities statewide to obtain information on and compare parking standards pertaining to outdoor recreation. Among • • the ten cities contacted, none currently has in its code specifically defined parking standards for outdoor recreation uses. In the case of neighborhood-level parks, the reason for this would appear to be related to the purpose of such parks. Neighborhood parks typically are designated to provide neighborhood social, recreational and fitness activities. They generally are located in the interior of residential areas. The major methods of travel to these sites are walking and bicycle riding. As such, there appears to be no need for park providers to establish parking standards for neighborhood parks. For the same reason, staff recommends Council not consider parking standards for City neighborhood parks. The same is not true of community and regional scale parks. These parks serve as a focus for the community's recreational and social needs and activities. They are bigger and provide a larger number of facilities and activities and therefore attract a high number of users who travel by car. However,because parking standards for large-scale parks are not well established in community codes and because such parks would not be allowed in industrial areas under the proposed overlay standards, staff recommends that Council not consider standards for community and regional scale parks in conjunction with the proposed amendment. • As for Planning Commission's call for standards relative to unpaved and joint use parking, gravel or unpaved parking already is allowed in the Tigard code under a variance procedure with a showing of special circumstances. The use of joint parking also is addressed in the existing code, which provides specific approval standards for joint parking arrangements. Both required on-site and overflow parking requirements can be satisfied through a joint parking arrangement. Therefore, there appears to be no need, in conjunction with this amendment, to adopt special • standards pertaining to joint use and unpaved parking. Recreational uses involving dogs were the main focus of the Planning Commission discussion regarding parking. Dog parks generally tend to attract people from outside the area who travel to the park by car. Given the unique circumstances associated with dog parks, staff concurs with the comments of some Planning Commissioners concerning the need for parking standards addressing this specific recreational use. Based on an informal survey of four cities that operate dog parks, five spaces appears to be the minimum number of stalls needed to accommodate the weekday parking needs of dog park users. Therefore, staff recommends the City establish a basic automobile parking requirement of five spaces for a dog park with a fenced area of one acre or more and three spaces for a dog park of one acre or less. In addition, a parking plan should be developed to address parking requirements during peak use periods, including evening and weekends. The parking plan could include shared parking with other uses. Staff further proposes the parking requirement be added to the Conditional Use chapter of the Community Development Code under 18.330.050B.5.b. as follows: b. There are no off-street parking requirements, "except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more, along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. Three automobile parking spaces are required for a dog park or off-leash area with a fenced area of less than one acre, along with an approved parking plan for anticipated peak use periods. Off- site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking." • • • OTHER ALTERNATIVES CONSIDERED Approve the zone ordinance amendment in the same form as contained in the ZOA application without adding a parking requirement. Approve the amendment with the parking requirement developed by staff. Approve the amendment with a different parking requirement. Do not approve the proposed amendment allowing recreational uses within industrial areas. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The amendment is consistent with the spirit of Community Character and Quality of Life Goal # 1, Community Aesthetics, which calls for the development of a"list of methods for dedication or acquisition of open space", if broadened to include the use of open space. ATTACHMENT LIST Staff report to the Planning Commission. Draft minutes of 4/16/01 Planning Commission hearing. Ordinance amending the Community Development Code. FISCAL NOTES The amendment would make available additional land for parks, including lower-priced floodplain and uplands, until such time as the upland is needed for industrial development. i/citywide/sum/zoa 2000-05.doc • r • ExiinnT 5 Agenda Item: Hearing Date: April 16, 2001 Time: 7:30 PM STAFF REPORT TO THE PLANNING COMMISSION CITY OF TIGARD o- FOR THE CITY OF TIGARD, OREGON Vev�y ShapL*I -A Bettor Carnmanity SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW RECREATION AS A CONDITIONAL USE WITHIN ALL INDUSTRIAL ZONING DISTRICTS CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2000-00005 PROPOSAL: The applicant requests approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within specific overlay areas of the I-P, I-L, and I-H zoning districts. APPLICANT: City of Tigard APPLICANT'S Duane Roberts REP: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: I-P, I-L, and I-H. LOCATION: All industrial zoning districts citywide. APPLICABLE REVIEW CRITERIA: • Community Development Code Chapters 18.380, 18.390 and 18.530; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.5.1, 3.6.1 and 3.6.2; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 5, 8, and 9. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation to the City Council to APPROVE the requested Zone Ordinance Amendment to allow Recreational Uses within specific overlay areas of the I-P, I-L and I-H zoning districts. STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 1 OF 7 S SECTION III. BACKGROUND INFORMATION The City of Tigard, as applicant, requests approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within specific overlay areas of the I-P, I-L, and I-H zoning districts. These overlay areas are proposed to include two types: 1. land classified as floodplain on City flood maps, when the Recreational Use does not otherwise preclude future cut and fill as needed to develop adjoining industrially zoned upland, and 2. land located outside the floodplain as shown on City floodplain maps, when the Recreational use is temporary and does not otherwise preclude allowed uses or other Conditional Uses within the zoning district. The net effect of the proposed amendment would be to make additional land available for recreational uses without interfering with the supply of land designated for economic development and without overwhelming the industrial uses. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all owners of property with all industrial zones and notice was published in the Tigard Times Newspaper prior to the public hearings. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. • STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 2 OF 7 • • Statewide Planning Goal 5 — Open Spaces, Scenic & Historic Areas & Natural Resources: This goal establishes a process through which resources must be inventoried and evaluated. It gives local government three choices when a resource is found: Preserve it, allow proposed uses that conflict with it, or establish a balance between the resource and those uses that would conflict with it. In this case, the City code includes standards that preserve the floodplain and other environmentally constrained sites. The proposed zone ordinance amendment would not conflict with this goal or the City's implementation of it. The City's established standards for riparian and natural resource protection would apply in full to any proposed recreational uses within the floodplain and upland overlay zones. Statewide Planning Goal 8 — Recreational Needs This goal requires the City to meet the recreational needs of residents of the community, State, and visitors. The proposed amendment meets this goal by making available for recreational uses, a limited amount of additional land within the City. In addition to City residents, the amendment would benefit the employees of Tigard-based businesses by making unused and unuseable land available for nearby recreational opportunities. Statewide Planning Goal 9 — Economy This goal obligates the City to zone sufficient land for commercial and industrial uses and to . limit uses to those that are compatible with the commercial and industrial uses. The proposed amendment places appropriate restrictions/standards on recreational uses in industrial zones to ensure compliance with Goal 9. The amendment includes standards that limits the location of the recreational uses to land (floodplain), which is unbuildable for industrial purposes, except that balanced cut and fill is allowed, and to projects on buildable land that are temporary in duration and do not otherwise preclude allowed uses or other Conditional Uses within the zoning district. Any applicable Metro regulations; Two Metro regulations need to be considered with regard to this request: Title 1: Requirements for Housing and Employment Accommodation Under this title, the City needs to consider employment targets established for Tigard. Allowing a limited amount of recreation within (1.) environmentally constrained flood land, within which, except for balanced cut and fill, industrial development is prohibited, and (2.) vacant upland that will continue to remain available for conversion to industrial use as market conditions dictate, should not affect the City's ability to meet those targets. The proposed overlay standards restricting the location and duration of the recreational uses ensure that the uses do not interfere with or overwhelm the industrial uses. Title 3: Water quality and Flood Management This goal contains performance standards intended to protect against flooding and to protect and enhance streams, rivers, and wetlands. The areas subject to these requirements are depicted in maps adopted by Metro Council. Tigard is in the process of adopting standards that meet or exceed the Metro requirements. Any recreational uses proposed within the mapped areas would be required to fully comply with these and any future environmental standards. No special exception from environmental or any other code provision would be provided by the proposed amendment. STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 - PAGE 3 OF 7 �► • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: In pertinent art, this policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and Regional Plan. Comprehensive Plan Policy 2.1.1: This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This olicy is satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Facilitators and the amendment was discussed at a regular monthly CIT meeting. In addition, two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Comprehensive Plan Policy 2.1.2 and 2.1.3: In pertinent part, this policy states that the Citizen Involvement Team program and the Citizen Involvement Team Facilitators shall serve as the primary means for citizen involvement in land use planning. Policy 2.1.3 states that information on land use planning issues shall be available in understandable form. These policies were satisfied because notice of the proposed amendment was mailed to all Citizen- Involvement Team (CIT) Facilitators and the amendment was discussed at a regular monthly CIT meeting. An attempt was made in the written and oral notices to explain the amendment in plain English. Comprehensive Plan Policy 3.5.1: This policy states that the City shall encourage private enterprise and intergovernmental agreements that provide for open space and recreation. This goal is implemented by the proposed amendment, because the amendment allows the owners of vacant industrial zoned land to make the land available for recreational uses during the period before the land is needed for industrial development. The amendment also furthers the goal by allowing industrial zoned floodplain to be used for recreational uses. This brings the industrial zones on par with the residential zones, where recreational uses currently are allowed on flood land as a Conditional Use. Comprehensive Plan Policy 3.6.1: This policy states that individual park sites shall be developed according to a priority system, with larger-size parks receiving the highest priority and smaller-sized parks the lowest. The present amendment does not affect the prioritization of park improvements. It merely increases opportunities for the establishment of park areas of all sizes within the City. As a practical matter; given the existing inventory of vacant industrial land, most potentially available sites, in terms of size, would fall into the neighborhood-level and below categories. The investment of park resources in any particular site is a policy decision made through the City's Capital Improvement Budget Process and guided by the .park master plan and comprehensive plan policies. Comprehensive Plan Policy 3.6.2: This policy states that the City shall coordinate with other public and private organizations and affected property owners in order to facilitate the implementation of the City's adopted parks plans. The present amendment, in part, was initiated in response to citizen's effort to establish a "dog park" within an area zoned for light industrial use. The property in question is land owned by and designated for the future expansion of a major City industrial employer. STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 4 OF 7 i • The owner in question is willing to allow the dog park as a temporary use, because the proposed expansion of the enterprise is not scheduled to take place until approximately 2011 and the dog park use will not interfere with the operation of the existing facility. The adopted Park System Master Plan identifies the need for three dog parks within the City and Urban Services Area combined. The case of the dog park is an example of how the amendment will facilitate public-private coordination in order to facilitate implementation of the parks master plan. • Any applicable provision of the City's implementing ordinances. Code Section18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV procedure as set forth in the chapter: . Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV procedure as detailed in the chapter. Code Section 18.530: The purpose of this chapter is to ensure that a full range of job and economic opportunities is available within the City. The present amendment does not in any way interfere with or limit job and economic opportunities within the City. The amendment improves the quality of life and business climate within the City by allowing recreational uses within certain overlay zones. These zones are conditioned specifically to avoid interfering with present and future industrial activities. Industrial Uses are prohibited with the floodplain, except for balanced cut and fill, and upland areas may be used for Recreation only until the land is needed for industrial development. SECTION V. STAFF ANALYSIS The Tigard Community Development Code (CDC) currently prohibits the Community Recreation Use within the I-P, I-L, and I-H zoning districts. The present request is to amend the Community Development Code to allow outdoor Community Recreation as a Conditional Use within all three zoning districts. Recreational Uses are proposed to be limited in terms of either location or duration through the establishment of two circumstances. One circumstance would include land classified as floodplain on City flood maps. Outdoor recreation would be allowed in this instance provided it did not otherwise preclude balanced cut and fill as needed (and permit approval obtained) to develop an adjoining industrially zoned property. An example of a Recreational Use under this circumstance would be the establishment of an open play area on City-owned land located entirely within the 100-year floodplain of an area zoned for Light Industrial development. The second circumstance would include land located outside the floodplain as shown on City floodplain maps. Outdoor recreation would be allowed as a Conditional Use in this case only when the recreational use did not preclude allowed uses or Conditional Uses other than outdoor recreation. The Recreational Use would be temporary. It would be allowed to continue until such time as the conversion of the property to an allowed or conditional use other than recreation occurred. An example of such a Recreational Use would be the establishment STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 5 OF 7 and operation of a public dog off-leash area on vacant industrial property under a revocable lease agreement until such time as the property were needed by the lease holder for the expansion of an existing industrial operation or sold for other industrial development. No changes to existing CDC regulations pertaining to floodplain protection are proposed. According to the Tigard Comprehensive Plan, the present restrictions on unrelated uses within commercial and industrial zoning districts are intended to protect the land within these districts for uses that provide employment opportunities for City residents and improve the City economic base. The main justification for the proposed amendment is that allowing Community Recreation within the proposed overlay areas would enhance and.improve the city's livability, but at the same time would have no appreciable impact on the supply of land available for industrial development. The latter is true for two reasons. First, the current code prohibits industrial'development within the 100-year floodplain. An exception to this prohibition is that balanced cut and fill is allowed. Under the proposed amendment, floodplain could be used for outdoor recreation only when such use did not otherwise preclude future balanced cut and fill as needed (and permit approval.obtained) to develop an adjoining industrially zoned property. Second, under the proposed amendment, land developed for an outdoor recreational use outside the floodplain would not be removed from the inventory of industrially designated land, but would continue to be available for conversion to industrial use as market conditions dictated. Another justification for this change is that since 1996 the City has imposed a fee on new commercial and industrial development, i.e., $49 per employee. According to the 1996 Park System Development Charge (SDC) study, commercial and industrial development contributes an annual average of some $40,000 to the Park SDC Fund. The rationale for this fee is that the employees of Tigard-based businesses spend a portion of their time in the City using local recreational facilities. Prohibiting Recreational Uses within commercial and industrial zones, while at the same time charging such development for its impact on the demand for parks, unnecessarily and unreasonably limits the potential supply of nearby recreational opportunities available to the employees of local businesses. In conclusion, the supply of land available for recreational uses is dwindling, while land prices are at an all-time high. The proposed changes would make lower priced (1) environmentally constrained and (2) undeveloped commercially and industrially zoned land available to meet the outdoor recreational needs of local residents and employees. At the same time, the City's inventory of commercial and industrial land would not be threatened or overwhelmed by the recreational uses. SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS The City of Tigard Public Works Department has had an opportunity to review this proposal and has offered the following comments: Public Works Division supports the proposed amendment to make additional land available for recreational purposes. The City of Tigard Dog Park Steering Committee has had an opportunity to review this proposal and has offered the following comments: STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 6 OF 7 • • • Members of the Planning Commission, on behalf of the Tigard Dog Park Citizens Committee, we strongly agree that some recreational use should be permitted on industrially zoned property. We strongly support the amendment to alter the current zoning regulation. For several months, the Citizens committee has been desperately trying to establish a "dog park" (off leash area) in Tigard. We have become acutely aware of the lack of available property for such a site in Tigard. Additionally, the need for such a site (or two or three) in Tigard, has too become painfully apparent. The committee has currently selected two potential sites for further discussion and consideration. One of the sites is currently zoned industrial property. As Committee Chairman, and on behalf of the committee, we ask for your deepest consideration in amending the existing zoning ordinance, and allow some recreational use in industrial property zones: • Thank you for your time, Jeff Miller, Chair, Dog Park Task Force. Washington County Department of Land Use and Transportation, City of Tigard Current Planning Division, DLCD, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed Zone Ordinance Amendment. • • April 3, 2001 PREPARED BY( ane Roberts DATE Associate Planner 4 _ !. �- � � April 3, 2001 APPROVED B : Richard Bewerdo DATE - Planning Manager • ATTACHMENT Exhibit A — Community Development Code Chapter 18.530, Table 18.530.1 STAFF REPORT TO THE PLANNING COMMISSION _ _ 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 7 OF 7 • EXHIBIT A • TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) • Basic Utilities C C P Colleges N N N Community Recreation 0 • CNio CNio CNio Cultural Institutions N N N Day Care R3 9 R3 9 R3 9 Emergency Services P P P Medical Centers N N N Postal Service P p p Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment . N . N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales • N N N - Outdoor Sales N P P - Animal-Related P p p Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales . • OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a • development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 31n-home day care which meets all state requirements permitted by right. 'Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 'When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. • 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. • 'Explosive storage permitted outright subject to regulations of Uniform Fire Code. • • 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. �o Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. • • • • DRAFT CITY OF TIGARD PLANNING COMMISSION Meeting Minutes April 16, 2001 1. CALL TO ORDER Vice-President Padgett called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: Vice-President Padgett; Commissioners Anderson, Mores, Munro, Scolar, Sutton, and Topp Commissioners Absent: President Wilson, Commissioner Olsen Staff Present: Dick Bewersdorff, Planning Manager; Duane Roberts, Associate Planner; Jerree Gaynor, Planning Commission Secretary City Attorneys Present: Tim Ramis, Gary Firestone, Dana Krawczuk 3. PLANNING COMMISSION COMMUNICATIONS None 4. APPROVE MEETING MINUTES Commissioner Topp moved and Commissioner Scolar seconded the motion to approve the April 2, 2001, meeting minutes as submitted. A voice vote was taken and the motion passed unanimously. 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2000-00005 CODE AMENDMENT TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS REQUEST: The City of Tigard is requesting approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within two specific overlay areas of the I-P, I-L and I-H zoning districts. These areas are proposed to include: (1.) land classified as floodplain on City flood maps and (2.) land located outside the floodplain when the Recreational use is temporary and does not preclude allowed uses or Conditional Uses other than recreation. LOCATION: Citywide. ZONES: PLANNING COMMISSION MEETING MINUTES- April 16,2001 -Page I • • provision. Including commercial zones for this conditional use would be an arduous process and no vacant commercial land has been identified as suitable for this use. PUBLIC TESTIMONY Dave Walker, 15245 SW 74th Avenue, Tigard, Oregon, an owner of industrial land within a flood plain, inquired if the flood plain would be governed by wetland restrictions. The Commission advised him that this amendment would not change any existing environmental regulations. Whatever use is contemplated for an industrial area would have to meet all the existing environmental requirements. DISCUSSION The Commissioners then discussed issues and concerns regarding parking and use of wetlands. It was generally agreed that the proposal is a good idea provided that parking standards are addressed. Commissioner Topp moved to recommend to the City Council to approve the requested zone ordinance amendment (ZOA) 2000-00005, to allow as a conditional use community recreational uses within specific overlay areas of the I-P, I-L and I-H industrial zoning districts, and to adopt appropriate parking standards for the temporary use to include allowing unpaved parking and to focus the required parking dependent upon existing available parking. Commissioner Mores seconded the motion. A voice vote was taken and the motion passed unanimously. 6. OTHER BUSINESS City Attorneys Gary Firestone, Dana Krawczuk, and Tim Ramis gave a PowerPoint presentation on Planning Commission Issues and Procedures. The presentation covered decision making, findings, legal roles, and responsibilities for the Planning Commission. See Exhibits A, B, and C. The presentation covered the following topics: D Planning Commission Responsibilities — Tim Ramis • Legislative • Quasi-Judicial D Substantive Issues in Quasi Judicial Decision Making —Gary Firestone • Applicable Law • Decision Standards — CDC • Applicability of Law Other than CDC • Standards and Criteria • Deference to City PLANNING COMMISSION MEETING MINUTES- April 16,2001 - Page 3 \AOCSOA__. • �TIGARDGITY-COUNCLl r 7.r, /4/10114111"1- B.USINESS=MEETING ;:' <;'_<,>=F: �,A�, __.'}�-.'iii:'•�. � S°� Ai" �-� - - �m'YS T:tty i : "a:��- :' Ma. 8,;2001': ==630§p:.m ;_e CITY OF TIGARD ry >70 k !TIGARD'CITY_:HALL `3- ic ,-74 3125 SW HALL:BLVU : > ;_:,: :: TIGARD OR 97223 v rr.:,2,t PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matt ers can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:1 5 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting by calling: 503-639-4171, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - May 8, 2001 page 1 • • �r AGENDA TIGARD CITY COUNCIL BUSINESS MEETING MAY 8, 2001 6:30 PM • STUDY MEETING > CITY MANAGER REVIEW > DISCUSS REQUESTS FOR ADDITIONAL CONTRIBUTIONS OR TO RENEW MEMBERSHIP TO REGIONAL ORGANIZATIONS > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor relations and real property transactions under ORS 192.660(d) and (e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council at Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. PROCLAMATIONS: a. Police Memorial Day — May 15, 2001 b. Washington County Cooperative Library Services — 25 Years of Service in Washington County May 25, 2001 COUNCIL AGENDA — May 8, 2001 page 2 i • • 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 4.1 Approve Council Minutes: March 13, 20, April 3, and 19, 2001 4.2 Receive and File: a. Council Calendar b. Tentative Agenda 4.3 Initiate a Public Hearing to Vacate a Portion of 67th Avenue -- Resolution No.- 4.4 Local Contract Review Board a. Award Construction of the of the Washington Square Treatment Facility to Canby Excavating, Inc. 5. AQUIFER STORAGE AND RECOVERY FEASIBILITY STUDY PROGRESS REPORT a. Staff Report: Public Works Staff b. Council Discussion, Questions, Comments 6. LEGISLATIVE PUBLIC HEARING ZOA 2000-00005 TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN THE 1-P, I-L AND I-H DISTRICT a. Open Public Hearing b. Staff Report: Community Development Staff c. Public Testimony d. Council Discussion, Questions, Comments e. Staff Recommendation f. Close Public Hearing g. Consideration by Council: Ordinance No. 01- COUNCIL AGENDA — May 8, 2001 page 3 • • `f „ 7. INFORMATIONAL PUBLIC HEARING — FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 19 — SW HUNZIKER STREET a. Open Public Hearing b. Stiff Report: Engineering Staff c. Public Testimony d. Council Discussion, Questions, Comments e. Staff Recommendation f. Close Public Hearing g. Council Motion: Should Council approve the finalization of Sanitary Sewer Reimbursement District No. 19? 8. CONSIDER AUTHORIZING THE SALE OF SURPLUS PROPERTY PURCHASED FOR THE BEVELAND STREET EXTENSION FROM 68Th AVENUE TO 69Th AVENUE, PART OF THE 69Th AVENUE RECONSTRUCTION PROJECT a. Staff Report: Finance Department b. Council Discussion, Questions, Comments c. Council Consideration: Resolution No. 01- 9. COUNCIL LIAISON REPORTS 10. NON AGENDA ITEMS 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statue. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 12. ADJOURNMENT 1:\ADM\CATHY\CCA\010508P.DOC COUNCIL AGENDA — May 8, 2001 page 4 • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes April 16, 2001 1. CALL TO ORDER Vice-President Padgett called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: Vice-President Padgett; Commissioners Anderson, Mores, Munro, Scolar, Sutton, and Topp Commissioners Absent: President Wilson, Commissioner Olsen Staff Present: Dick Bewersdorff, Planning Manager; Duane Roberts, Associate Planner; Jerree Gaynor, Planning Commission Secretary City Attorneys Present: Tim Ramis, Gary Firestone, Dana Krawczuk 3. PLANNING COMMISSION COMMUNICATIONS None 4. APPROVE MEETING MINUTES Commissioner Topp moved and Commissioner Scolar seconded the motion to approve the April 2, 2001, meeting minutes as submitted. A voice vote was taken and the motion passed unanimously. 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2000-00005 CODE AMENDMENT TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS REQUEST: The City of Tigard is requesting approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within two specific overlay areas of the I-P, I-L and I-H zoning districts. These areas are proposed to include: (1.) land classified as floodplain on City flood maps and (2.) land located outside the floodplain when the Recreational use is temporary and does not preclude allowed uses or Conditional Uses other than recreation. LOCATION: Citywide. ZONES: PLANNING COMMISSION MEETING MINUTES- April 16,2001 -Page 1 • • I-P, I-L and I-H. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5, 8 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.5.1, 3.6.1 and 3.6.2; and Community Development Code Chapters 18.380, 18.390 and 18.530. STAFF REPORT Duane Roberts presented the staff report on behalf of the City. The proposed amendment would change the code to allow some recreation under certain conditions. These include 1) when the industrial area is within the flood plain, and 2) when the use is temporary. The rationale is that industrial buildings are not allowed within flood plain at present, resulting in some buffer areas that are suitable for recreation that are not being used. The purpose of the present prohibition of recreation use in an industrial area is to protect the limited supply of industrial land. The amendment would make more land available for recreational uses without interfering with that goal, as well as improve the quality of life within the community. There have been no objections to the amendment by any agencies, including Metro and DLCD, nor by area residents. The Public Works Department and the Dog Park Task Force have commented in support of the amendment. The amendment originated through staff and the Dog Park Task Force. There are two specific parcels being considered. One is a five-acre parcel of City-owned flood plain on Bonita Road across from a low income housing project. The Dog Park Task Force has been looking for a suitable place for a dog park and one impediment has been objections by neighbors to sites proposed in residential areas. If a dog park could be located within an industrial area, then there would be no conflict with neighbors over such a use. A 4-acre site has been identified within an industrial area and the owner of that parcel has expressed interest for such a use on the site. With regards to parking, the conditional use section calls for off-street parking, but it is defined in terms of square footage for a recreational structure as opposed to number of spaces required. Parking requirements for outdoor recreational areas are not defined in the code. It is possible to include language in the amendment providing parking standards for this conditional use. The recommendation to City Council can provide for research by staff on what would be appropriate parking standards for this use. Typically for a neighborhood park, it is assumed that people would walk to the park. It is designed to serve the community living within a quarter mile of the park, so there is no parking standard for a neighborhood park. Any recreational use within a wetland would have to meet all wetland requirements. Almost all City parks are located in flood plains and there are provisions for covered picnic areas, restrooms, etc. Recreational uses are prohibited in commercial zones and they are not proposing to change that PLANNING COMMISSION MEETING MINUTES- April 16,2001 -Page 2 k ~ • • provision. Including commercial zones for this conditional use would be an arduous process and no vacant commercial land has been identified as suitable for this use. PUBLIC TESTIMONY Dave Walker, 15245 SW 74th Avenue, Tigard, Oregon, an owner of industrial land within a flood plain, inquired if the flood plain would be governed by wetland restrictions. The Commission advised him that this amendment would not change any existing environmental regulations. Whatever use is contemplated for an industrial area would have to meet all the existing environmental requirements. DISCUSSION The Commissioners then discussed issues and concerns regarding parking and use of wetlands. It was generally agreed that the proposal is a good idea provided that parking standards are addressed. Commissioner Topp moved to recommend to the City Council to approve the requested zone ordinance amendment (ZOA) 2000-00005, to allow as a conditional use community recreational uses within specific overlay areas of the I-P, I-L and I-H industrial zoning districts, and to adopt appropriate parking standards for the temporary use to include allowing unpaved parking and to focus the required parking dependent upon existing available parking. Commissioner Mores seconded the motion. A voice vote was taken and the motion passed unanimously. 6. OTHER BUSINESS City Attorneys Gary Firestone, Dana Krawczuk, and Tim Ramis provided training on decision making, findings, legal roles, and responsibilities for the Planning Commission. They gave a PowerPoint presentation and held discussion on the following topics (see Exhibits A, B, and C): • ➢ Planning Commission Responsibilities —Tim Ramis • Legislative • Quasi-Judicial ➢ Substantive Issues in Quasi Judicial Decision Making — Gary Firestone • Applicable Law • Decision Standards — CDC • Applicability of Law Other than CDC • Standards and Criteria • Deference to City • Evidence PLANNING COMMISSION MEETING MINUTES- April 16,2001 -Page 3 • • ' ➢ Hearings Procedure — Dana Krawczuk • Procedure — Due Process Requirements • Hearing Process — Order of Hearing • Planning Commission Role at Hearing • ORS 197.763 — Statutory Procedural Requirements for Hearing • Findings • Conditions of Approval • 120-Day Rule — Effect of 120-Day Rule • Expedited Land Divisions • Public Meetings ➢ Participation in Decisions — Tim Ramis • Impartiality • Ex Parte Contacts • Disclosure of Ex Parte Contacts ➢ Takings — Gary Firestone • Constitutional Bases • Takings in the Land Use Context • Regulatory Takings • Exactions • Rules Governing Exactions (Nollan/Dolan Rules) 7. ADJOURNMENT The meeting adjourned at 10:17 p.m. Jerree :aynor, ' annin',commission Secretary ATTEST: Vice-President Mark Padgett • PLANNING COMMISSION MEETING MINUTES- April 16,2001 -Page 4 • • AGENDA A, volt City of Tigard C.ammunuy Derdopnau Shaping A Better Community TIGARD PLANNING COMMISSION APRIL 16, 2001 — 7:30 P.M. TIGARD CIVIC CENTER - TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. PLANNING COMMISSION COMMUNICATIONS 4. APPROVE MINUTES 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2000-00005 CODE AMENDMENT TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS REQUEST: The City of Tigard is requesting approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within two specific overlay areas of the I-P, I-L and I-H zoning districts. These areas are proposed to include: (1.) land classified as floodplain on City flood maps and (2.) land located outside the floodplain when the Recreational use is temporary and does not preclude allowed uses or Conditional Uses other than recreation. LOCATION: Citywide. ZONES: I-P, I-L and I-H. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5, 8 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.5.1, 3.6.1 and 3.6.2; and Community Development Code Chapters 18.380, 18.390 and 18.530. 6. OTHER BUSINESS Workshop with City Attorney— decision making, findings, legal roles and responsibilities 7. ADJOURNMENT • • Agenda Item: S.! Hearing Date: April 16, 2001 Time: 7:30 PM STAFF REPORT TO THE PLANNING COMMISSION C o�Y TIGARD Community FOR THE CITY OFTIGARD, OREGON = Development Shaping A Better Community SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO CONDITIONALLY ALLOW RECREATION AS A CONDITIONAL USE WITHIN ALL INDUSTRIAL ZONING DISTRICTS CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2000-00005 PROPOSAL: The applicant requests approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within specific overlay areas of the I-P, I-L, and I-H zoning districts. APPLICANT: City of Tigard APPLICANT'S Duane Roberts REP: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: I-P, I-L, and I-H. LOCATION: All industrial zoning districts citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.530; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.5.1, 3.6.1 and 3.6.2; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 5, 8, and 9. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation to the City Council to APPROVE the requested Zone Ordinance Amendment to allow Recreational Uses within specific overlay areas of the I-P, I-L and I-H zoning districts. • STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 1 OF 7 . • SECTION III. BACKGROUND INFORMATION The City of Tigard, as applicant, requests approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within specific overlay areas of the I-P, I-L, and I-H zoning districts. These overlay areas are proposed to include two types: 1. land classified as floodplain on City flood maps, when the Recreational Use does not otherwise preclude future cut and fill as needed to develop'adjoining industrially zoned upland, and 2. land located outside the floodplain as shown on City floodplain maps, when the Recreational use is temporary and does not otherwise preclude allowed uses or other Conditional Uses within the zoning district. The net effect of the proposed amendment would be to make additional land available for recreational uses without interfering with the supply of land designated for economic development and without overwhelming the industrial uses. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all owners of property with all industrial zones and notice was published in the Tigard Times Newspaper prior to the public hearings. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 2 OF 7 • • Statewide Planning Goal 5 — Open Spaces, Scenic & Historic Areas & Natural Resources: This goal establishes a process through which resources must be inventoried and evaluated. It gives local government three choices when a resource is found: Preserve it, allow proposed uses that conflict with it, or establish a balance between the resource and those uses that would conflict with it. In this case, the City code includes standards that preserve the floodplain and other environmentally constrained sites. The proposed zone ordinance amendment would not conflict with this goal or the City's implementation of it. The City's established standards for riparian and natural resource protection would apply in full to any proposed recreational uses within the floodplain and upland overlay zones. Statewide Planning Goal 8 — Recreational Needs This goal requires the City to meet the recreational needs of residents of the community, State, and visitors. The proposed amendment meets this goal by making available for recreational uses, a limited amount of additional land within the City. In addition to City residents, the amendment would benefit the employees of Tigard-based businesses by making unused and unuseable land available for nearby recreational opportunities. Statewide Planning Goal 9 — Economy This goal obligates the City to zone sufficient land for commercial and industrial uses and to limit uses to those that are compatible with the commercial and industrial uses. The proposed amendment places appropriate restrictions/standards on recreational uses in industrial zones to ensure compliance with Goal 9. The amendment includes standards that limits the location of the recreational uses to land (floodplain), which is unbuildable for industrial purposes, except that balanced cut and fill is allowed, and to projects on buildable land that are temporary in duration and do not otherwise preclude allowed uses or other Conditional Uses within the zoning district. Any applicable Metro regulations; Two Metro regulations need to be considered with regard to this request: Title 1: Requirements for Housing and Employment Accommodation Under this title, the City needs to consider employment targets established for Tigard. Allowing a limited amount of recreation within (1.) environmentally constrained flood land, within which, except for balanced cut and fill, industrial development is prohibited, and (2.) vacant upland that will continue to remain available for conversion to industrial use as market conditions dictate, should not affect the City's ability to meet those targets. The proposed overlay standards restricting the location and duration of the recreational uses ensure that the uses do not interfere with or overwhelm the industrial uses. Title 3: Water quality and Flood Management This goal contains performance standards intended to protect against flooding and to protect and enhance streams, rivers, and wetlands. The areas subject to these requirements are depicted in maps adopted by Metro Council. Tigard is in the process of adopting standards that meet or exceed the Metro requirements. Any recreational uses proposed within the mapped areas would be required to fully comply with these and any future environmental standards. No special exception from environmental or any other code provision would be provided by the proposed amendment. • STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 3 OF 7 • • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: In pertinent part, this policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and Regional Plan. Comprehensive Plan Policy 2.1.1: This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This policy is satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Facilitators and the amendment was discussed at a regular monthly CIT meeting. In addition, two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Comprehensive Plan Policy 2.1.2 and 2.1.3: In pertinent part, this policy states that the Citizen Involvement Team program and the Citizen Involvement Team Facilitators shall serve as the primary means for citizen involvement in land use planning. Policy 2.1.3 states that information on land use planning issues shall be available in understandable form. These policies were satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Facilitators and the amendment was discussed at a regular monthly CIT meeting. An attempt was made in the written and oral notices to explain the amendment in plain English. Comprehensive Plan Policy 3.5.1: This policy states that the City shall encourage private enterprise and intergovernmental agreements that provide for open space and recreation. This goal is implemented by the proposed amendment, because the amendment allows the owners of vacant industrial zoned land to make the land available for recreational uses during the period before the land is needed for industrial development. The amendment also furthers the goal by allowing industrial zoned floodplain to be used for recreational uses. This brings the industrial zones on par with the residential zones, where recreational uses currently are allowed on flood land as a Conditional Use. Comprehensive Plan Policy 3.6.1: This policy states that individual park sites shall be developed according to a priority system, with larger-size parks receiving the highest priority and smaller-sized parks the lowest. The present amendment does not affect the prioritization of park improvements. It merely increases opportunities for the establishment of park areas of all sizes within the City. As a practical matter, given the existing inventory of vacant industrial land, most potentially available sites, in terms of size, would fall into the neighborhood-level and below categories. The investment of park resources in any particular site is a policy decision made through the City's Capital Improvement Budget Process and guided by the park master plan and comprehensive plan policies. Comprehensive Plan Policy 3.6.2: This policy states that the City shall coordinate with other public and private organizations and affected property owners in order to facilitate the implementation of the City's adopted parks plans. The present amendment, in part, was initiated in response to citizen's effort to establish a "dog park" within an area zoned for light industrial use. The property in question is land owned by and designated for the future expansion of a major City industrial employer. • STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 4 OF 7 • • The owner in question is willing to allow the dog park as a temporary use, because the proposed expansion of the enterprise is not scheduled to take place until approximately 2011 and the dog park use will not interfere with the operation of the existing facility. The adopted Park System Master Plan identifies the need for three dog parks within the City and Urban Services Area combined. The case of the dog park is an example of how the amendment will facilitate public-private coordination in order to facilitate implementation of the parks master plan. Any applicable provision of the City's implementing ordinances. Code Section18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV procedure as set forth in the chapter. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV procedure as detailed in the chapter. Code Section 18.530: The purpose of this chapter is to ensure that a full range of job and economic opportunities is available within the City. The present amendment does not in any way interfere with or limit job and economic opportunities within the City. The amendment improves the quality of life and business climate within the City by allowing recreational uses within certain overlay zones. These zones are conditioned specifically to avoid interfering with present and future industrial activities. Industrial Uses are prohibited with the floodplain, except for balanced cut and fill, and upland areas may be used for Recreation only until the land is needed for . industrial development. SECTION V. STAFF ANALYSIS The Tigard Community Development Code (CDC) currently prohibits the Community Recreation Use within the I-P, I-L, and I-H zoning districts. The present request is to amend the Community Development Code to allow outdoor Community Recreation as a Conditional Use within all three zoning districts. Recreational Uses are proposed to be limited in terms of either location or duration through the establishment of two circumstances. One circumstance would include land classified as floodplain on City flood maps. Outdoor recreation would be allowed in this instance provided it did not otherwise preclude balanced cut and fill as needed (and permit approval obtained) to develop an adjoining industrially zoned property. An example of a Recreational Use under this circumstance would be the establishment of an open play area on City-owned land located entirely within the 100-year floodplain of an area zoned for Light Industrial development. The second circumstance would include land located outside the floodplain as shown on City floodplain maps. Outdoor recreation would be allowed as a Conditional Use in this case only when the recreational use did not preclude allowed uses or Conditional Uses other than outdoor recreation. The Recreational Use would be temporary. It would be allowed to continue until such time as the conversion of the property to an allowed or conditional use other than recreation occurred. An example of such a Recreational Use would be the establishment STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 5 OF 7 • • and operation of a public dog off-leash area on vacant industrial property under a revocable lease agreement until such time as the property were needed by the lease holder for. the expansion of an existing industrial operation or sold for other industrial development. No changes to existing CDC regulations pertaining to floodplain protection are proposed. According to the Tigard Comprehensive Plan, the present restrictions on unrelated uses within commercial and industrial zoning districts are intended to protect the land within these districts for uses that provide employment opportunities for City residents and improve the City economic base. The main justification for the proposed amendment is that allowing Community Recreation within the proposed overlay areas would enhance and improve the city's livability, but at the same time would have no appreciable impact on the supply of land available for industrial development. The latter is true for two reasons. First, the current code prohibits industrial development within the 100-year floodplain. An exception.to this prohibition is that balanced cut and fill is allowed. Under the proposed amendment, floodplain could be used for outdoor recreation only when such use did not otherwise preclude future balanced cut and fill as needed (and permit approval obtained) to develop an adjoining industrially zoned property. Second, under the proposed amendment, land developed for an outdoor recreational use outside the floodplain would not be removed from the inventory of industrially designated land, but would continue to be available for conversion to industrial use as market conditions dictated. Another justification for this change is that since 1996 the City has imposed a fee on new commercial and industrial development, i.e., $49 per employee. According to the 1996 Park System Development Charge (SDC) study, commercial and industrial development contributes an annual average of some $40,000 to the Park SDC Fund. The rationale for this fee is that the employees of Tigard-based businesses spend a portion of their time in the City using local recreational facilities. Prohibiting Recreational Uses within commercial and industrial zones, while at the same time charging such development for its impact on the demand for parks, unnecessarily and unreasonably limits the potential supply of nearby recreational opportunities available to the employees of local businesses. In conclusion, the supply of land available for recreational uses is dwindling, while land prices are at an all-time high. The proposed changes would make lower priced (1) environmentally constrained and (2) undeveloped commercially and industrially zoned land available to meet the outdoor recreational needs of local residents and employees. At the same time, the City's inventory of commercial and industrial land would not be threatened or overwhelmed by the recreational uses. SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS The City of Tigard Public Works Department has had an opportunity to review this proposal and has offered the following comments: Public Works Division supports the proposed amendment to make additional land available for recreational purposes. The City of Tigard Dog Park Steering Committee has had an opportunity to review this STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 6 OF 7 • • proposal and has offered the following comments: Members of the Planning Commission, on behalf of the Tigard Dog Park Citizens Committee, we strongly agree that some recreational use should be permitted on industrially zoned property. We strongly support the amendment to alter the current zoning regulation. For several months, the Citizens committee has been desperately trying to establish a "dog park" (off leash area) in Tigard. We have become acutely aware of the lack of available property for such a site in Tigard. Additionally, the need for such a site (or two or three) in Tigard, has too become painfully apparent. The committee has currently selected two potential sites for further discussion and consideration. One of the sites is currently zoned industrial property. As Committee Chairman, and on behalf of the committee, we ask for your deepest consideration in amending the existing zoning ordinance, and allow some recreational use in industrial property zones. Thank you for your time, Jeff Miller, Chair, Dog Park Task Force. Washington County Department of Land Use and Transportation, City of Tigard Current Planning Division, DLCD, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed Zone Ordinance Amendment. April 3, 2001 PREPARED BY ane Roberts DATE Associate Planner isr _ ,f0 • April 3, 2001 APPROVED B : Richard Bewer.do DATE Planning Manager ATTACHMENT Exhibit A — Community Development Code Chapter 18.530, Table 18.530.1 STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 7 OF 7 • • EXHIBIT A TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) . Basic Utilities C C P Colleges N N N_ Community Recreation . .- � ~CNio CNio CNto Cultural Institutions - N N N Day Care R3 9 R3 9 R3 9 Emergency Services P P• - P Medical.Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N • - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P • • TABLE 18.530.1 (CON'T) • USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P .P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied-by-the _. caretaker or kennel owner/operator and family. 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3In-home day care which meets all state requirements permitted by right. 'Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 5When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 'Explosive storage permitted outright subject to regulations of Uniform Fire Code. • • • 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C:1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. ioLimitedto:outdoor Recreation on :(1,:) land classified as floodplain:on-Cityaflood maps; hen: i._ the---recreational use does not,otherwise preclude cut and fill as -needed in order to 1develop adjoining industrially`zoned upland;;-and (2.) land,located ,outside:the:floodplain:.as shown■ on 'City flood maps, when the Recreation Use is temporary;and does not otherwise . preclude allowed uses* Conditiorial Uses:otherthan Recreation within the.district._ 'f • • •.•° ,i 1 1 I I •1 I �.i �!'° ?a11°--L''nii i ri,l c-a; �r.l--aura..:::::: CITY o f T I G A R D . I✓ rl '�❑ =: �■y- , rC._m- i�,�N:11111 pppp�� IIE__b.;g- {:rim:C:C.: x■■ ,1.... � 11� � n:'-��X11■..Ll'9 1111 7,_, - IIU n' �__:. -" -• • t GE OGRACMIC INFORMATION SYSTEM 2 / i - / L it■nom xa q■.r, E•' ......�1;:111111111::: • • Agenda Item: Hearing Date: April 16,2001 Time: 7:30 PM STAFF REPORT TO THE PLANNING COMMISSION CITY OF TIGARD Community FOR THE CITY OF TIGARD, OREGON Development Shaping A Better Community SECTION I. APPLICATION SUMMARY • CASE NAME: CODE AMENDMENT TO CONDITIONALLY ALLOW RECREATION AS A CONDITIONAL USE WITHIN ALL INDUSTRIAL ZONING DISTRICTS CASE NO.: Zone Ordinance Amendment (ZOA) -ZOA2000-00005 PROPOSAL: The applicant requests approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within specific overlay areas of the I-P, I-L, and I-H zoning districts. APPLICANT: City of Tigard APPLICANT'S Duane Roberts REP: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: I-P, I-L, and I-H. LOCATION: All industrial zoning districts citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.530; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.5.1, 3.6.1 and 3.6.2; The Metro 2040 Plan; and Statewide Planning Goals 1, 2, 5, 8, and 9. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation to the City Council to APPROVE the requested Zone Ordinance Amendment to allow Recreational Uses within specific overlay areas of the I-P, I-L and I-H zoning districts. STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 1 OF 7 .• • SECTION III. BACKGROUND INFORMATION The City of Tigard, as applicant, requests approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within specific overlay areas of the I-P, I-L, and I-H zoning districts. These overlay areas are proposed to include two types: 1. land classified as floodplain on City flood maps, when the Recreational Use does not otherwise preclude future cut and fill as needed to develop adjoining industrially zoned upland, and 2. land located outside the floodplain as shown on City floodplain maps, when the Recreational use is temporary and does not otherwise preclude allowed uses or other Conditional Uses within the zoning district. The net effect of the proposed amendment would be to make additional land available for recreational uses without interfering with the supply of land designated for economic development and without overwhelming the industrial uses. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all owners of property with all industrial zones and notice was published in the Tigard Times Newspaper prior to the public hearings. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 2 OF 7 • • Statewide Planning Goal 5 — Open Spaces, Scenic & Historic Areas & Natural Resources: This goal establishes a process through which resources must be inventoried and evaluated. It gives local government three choices when a resource is found: Preserve it, allow proposed uses that conflict with it, or establish a balance between the resource and those uses that would conflict with it. In this case, the City code includes standards that preserve the floodplain and other environmentally constrained sites. The proposed zone ordinance amendment would not conflict with this goal or the City's implementation of it. The City's established standards for riparian and natural resource protection would apply in full to any proposed recreational uses within the floodplain and upland overlay zones. Statewide Planning Goal 8 — Recreational Needs This goal requires the City to meet the recreational needs of residents of the community, State, and visitors. The proposed amendment meets this goal by making available for recreational uses, a limited amount of additional land within the City. In addition to City residents, the amendment would benefit the employees of Tigard-based businesses by making unused and unuseable land available for nearby recreational opportunities. Statewide Planning Goal 9 — Economy This goal obligates the City to zone sufficient land for commercial and industrial uses and to limit uses to those that are compatible with the commercial and industrial uses. The proposed amendment places appropriate restrictions/standards on recreational uses in industrial zones to ensure compliance with Goal 9. The amendment includes standards that limits the location of the recreational uses to land (floodplain), which is unbuildable for industrial purposes, except that balanced cut and fill is allowed, and to projects on buildable • land that are temporary in duration and do not otherwise preclude allowed uses or other Conditional Uses within the zoning district. Any applicable Metro regulations; Two Metro regulations need to be considered with regard to this request: Title 1: Requirements for Housing and Employment Accommodation Under this title, the City needs to consider employment targets established for Tigard. Allowing a limited amount of recreation within (1.) environmentally constrained flood land, within which, except for balanced cut and fill, industrial development is prohibited, and (2.) vacant upland that will continue to remain available for conversion to industrial use as market conditions dictate, should not affect the City's ability to meet those targets. The proposed overlay standards restricting the location and duration of the recreational uses ensure that the uses do not interfere with or overwhelm the industrial uses. Title 3: Water quality and Flood Management This goal contains performance standards intended to protect against flooding and to protect and enhance streams, rivers, and wetlands. The areas subject to these requirements are depicted in maps adopted by Metro Council. Tigard is in the process of adopting standards that meet or exceed the Metro requirements. Any recreational uses proposed within the mapped areas would be required to fully comply with these and any future environmental standards. No special exception from environmental or any other code provision would be provided by the proposed amendment. STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 3 OF 7 • • • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: In pertinent art, this policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and Regional Plan. Comprehensive Plan Policy 2.1.1: This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This policy is satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Facilitators and the amendment was discussed at a regular monthly CIT meeting. In addition, two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Comprehensive Plan Policy 2.1.2 and 2.1.3: In pertinent part, this policy states that the Citizen Involvement Team program and the Citizen Involvement Team Facilitators shall serve as the primary means for citizen involvement in land use planning. Policy 2.1.3 states that information on land use planning issues shall be available in understandable form. These policies were satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Facilitators and the amendment was discussed at a regular monthly CIT meeting. An attempt was made in the written and oral notices to explain the amendment in plain English. Comprehensive Plan Policy 3.5.1: This policy states that the City shall encourage private enterprise and intergovernmental agreements that provide for open space and recreation. This goal is implemented by the proposed amendment, because the amendment allows the owners of vacant industrial zoned land to make the land available for recreational uses during the period before the land is needed for industrial development. The amendment also furthers the goal by allowing industrial zoned floodplain to be used for recreational uses. This brings the industrial zones on par with the residential zones, where recreational uses currently are allowed on flood land as a Conditional Use. Comprehensive Plan Policy 3.6.1: This policy states that individual park sites shall be developed according to a priority system, with larger-size parks receiving the highest priority and smaller-sized parks the lowest. The present amendment does not affect the prioritization of park improvements. It merely increases opportunities for the establishment of park areas of all sizes within the City. As a practical matter, given the existing inventory of vacant industrial land, most potentially available sites, in terms of size, would fall into the neighborhood-level and below categories. The investment of park resources in any particular site is a policy decision made through the City's Capital Improvement Budget Process and guided by the park master plan and comprehensive plan policies. Comprehensive Plan Policy 3.6.2: This policy states that the City shall coordinate with other public and private organizations and affected property owners in order to facilitate the implementation of the City's adopted parks plans. The present amendment, in part, was initiated in response to citizen's effort to establish a "dog park" within an area zoned for light industrial use. The property in question is land owned by and designated for the future expansion of a major City industrial employer. STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 4 OF 7 • The owner in question is willing to allow the dog park as a temporary use, because the proposed expansion of the enterprise is not scheduled. to take place until approximately 2011 and the dog park use will not interfere with the operation of the existing facility. The adopted Park System Master Plan identifies the need for three dog parks within the City and Urban Services Area combined. The case of the dog park is an example of how the amendment will facilitate public-private coordination in order to facilitate implementation of the parks master plan. Any applicable provision of the City's implementing ordinances. Code Section18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV procedure as set forth in the chapter. Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV procedure as detailed in the chapter. Code Section 18.530: The purpose of this chapter is to ensure that a full range of job and economic opportunities is. available within the City. The present amendment does not in any way interfere with or limit job and economic opportunities within the City. The amendment improves the quality of life and business climate within the City by allowing recreational uses within certain overlay zones. These zones are conditioned specifically to avoid interfering with present and future industrial activities. Industrial Uses are prohibited with the floodplain, except for balanced cut and fill, and upland areas may be used for Recreation only until the land is needed for industrial development. SECTION V. STAFF ANALYSIS The Tigard Community Development Code (CDC) currently prohibits the Community Recreation Use within the I-P, I-L, and I-H zoning districts. The present request is to amend the Community Development Code to allow outdoor Community Recreation as a Conditional Use within all three zoning districts. Recreational Uses are proposed to be limited in terms of either location or duration through the establishment of two circumstances. One circumstance would include land classified as floodplain on City flood maps. Outdoor recreation would be allowed in this instance provided it did not otherwise preclude balanced cut and fill as needed (and permit approval obtained) to develop an adjoining industrially zoned property. An example of a Recreational Use under this circumstance would be the establishment of an open play area on City-owned land located entirely within the 100-year floodplain of an area zoned for Light Industrial development. The second circumstance would include land located outside the floodplain as shown on City floodplain maps. Outdoor recreation would be allowed as a Conditional Use in this case only when the recreational use did not preclude allowed uses or Conditional Uses other than outdoor recreation. The Recreational Use would be temporary. It would be allowed to continue until such time as the conversion of the property to an allowed or conditional use other than recreation occurred. An example of such a Recreational Use would be the .establishment STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 5 OF 7 • • • and operation of a public dog off-leash area on vacant industrial property under a revocable lease agreement until such time as the property were needed by the lease holder for the expansion of an existing industrial operation or sold for other industrial development. No changes to existing CDC regulations pertaining to floodplain protection are proposed. According to the Tigard Comprehensive Plan, the present restrictions on unrelated uses within commercial and industrial zoning districts are intended to protect the land within these districts for uses that provide employment opportunities for City residents and improve the City economic base. The main justification for the proposed amendment is that allowing Community Recreation within the proposed overlay areas would enhance and improve the city's livability, but at the same time would have no appreciable impact on the supply of land available for industrial development. The latter is true for two reasons. First, the current code prohibits industrial development within the 100-year floodplain. An exception to this prohibition is that balanced cut and fill is allowed. Under the proposed amendment, floodplain could be used for outdoor recreation only when such use did not otherwise preclude future balanced cut and fill as needed (and permit approval obtained) to develop an adjoining industrially zoned property. Second, under the proposed amendment, land developed for an outdoor recreational use outside the floodplain would not be removed from the inventory of industrially designated land, but would continue to be available for conversion to industrial use as market conditions dictated. Another justification for this change is that since 1996 the City has imposed a fee on new commercial and industrial development, i.e., $49 per employee. According to the 1996 Park System Development Charge (SDC) study, commercial and industrial development contributes an annual average of some $40,000 to the Park SDC Fund. The rationale for this fee is that the employees of Tigard-based businesses spend a portion of their time in the City using local recreational facilities. Prohibiting Recreational Uses within commercial and industrial zones, while at the same time charging such development for its impact on the demand for parks, unnecessarily and unreasonably limits the potential supply of nearby recreational opportunities available to the employees of local businesses. In conclusion, the supply of land available for recreational uses is dwindling, while land prices are at an all-time high. The proposed changes would make lower priced (1) environmentally constrained and (2) undeveloped commercially and industrially zoned land available to meet the outdoor recreational needs of local residents and employees. At the same time, the City's inventory of commercial and industrial land would not be threatened or overwhelmed by the recreational uses. SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS The City of Tigard Public Works Department has had an opportunity to review this proposal and has offered the following comments: Public Works Division supports the proposed amendment to make additional land available for recreational purposes. The City of Tigard Dog Park Steering Committee has had an opportunity to review this • STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 6 OF 7 • • proposal and has offered the following comments: Members of the Planning Commission, on behalf of the Tigard Dog Park Citizens Committee, we strongly agree that some recreational use should be permitted on industrially zoned property. We strongly support the amendment to alter the current zoning regulation. For several months, the Citizens committee has been desperately trying to establish a "dog park" (off leash area) in Tigard. We have become acutely aware of the lack of available property for such a site in Tigard. Additionally, the need for such a site (or two or three) in Tigard, has too become painfully apparent. The committee has currently selected two potential sites for further discussion and consideration. One of the sites is currently zoned industrial property. As Committee Chairman, and on behalf of the committee, we ask for your deepest consideration in amending the existing zoning ordinance, and allow some recreational use in industrial property zones. Thank you for your time, Jeff Miller, Chair, Dog Park Task Force. Washington County Department of Land Use and Transportation, City of Tigard Current Planning Division, DLCD, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed Zone Ordinance Amendment. April 3, 2001 PREPARED BY ane Roberts DATE Associate Planner AP ril 3, 2001 _ �-� APPROVED B : . Richard Bewer do DATE Planning Manager ATTACHMENT Exhibit A — Community Development Code Chapter 18.530, Table 18.530.1 STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 7 OF 7 • • • . . EXHIBIT A TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N . ' Home Occupation N N N CIVIC (INSTITUTIONAL) . Basic Utilities C C P Colleges N N N Community Recreation. u _ CNio CNio CrixTid Cultural Institutions N N N Day Care R3 9 R3 9 R3 9 Emergency Services - P P P Medical Centers N N N Postal Service P P P• Public Support Facilities P P P Religious Institutions N N N Schools N N N • Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments • RZ N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment . P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services . R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P • Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking • • P P P • • • • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H • INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C .0 C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3In-home day care which meets all state requirements permitted by right. 4Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 'When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 8Explosive storage permitted outright subject to regulations of Uniform Fire Code. • • 0 'Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. 1oLinlited,,to�outdoor;Recreation on(1;:);_land classified;as floodplain on.City flood maps,.whe,n the: recreational use'does not otherwise preclude future cut and fill as;:needed in. order:Ato' develop adjoining industrially.zoned,upland; :and;•(2.) land.'located'Outside the_floodplain,Nas shown on City flood= maps; when 'the:Recreation 'Use`is temporary"and does.not'otherwise preclude allowed_uses oc Conditional,;Use :other_than Recreation with in,gthe ditrict, ` ,____ • r rr7 i .a11.�■-1111 [ a ri i■tq ••.:G.'�i�°rIr■°un;■7' -'1• =CC°.�+:::°::::::: CITY o f T I G A R D i O 11■:am 1 .77,1%.' ' �y.� n -;..; ::::2,; ,,,-- i'":: NOTICE TO MORTGAGEE, LIENHOOR,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES T: f IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community Development ShapingA Better Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE FOLLOWING WILL BE CONSIDERED BY THE TIGARD PLANNING COMMISSION ON MONDAY. APRIL 16, 2001 AND BY THE TIGARD CITY COUNCIL ON TUESDAY, MAY 8, 2001. THE HEARINGS WILL BE HELD AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2000-00005 FILE TITLE: CODE AMENDMENT. TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS APPLICANT: City of Tigard OWNER: N/A Attn: Duane Roberts 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The City of Tigard is requesting approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within two specific overlay areas of the I-P, I-L and I-H zoning districts. These areas are proposed to include: (1.) land classified as floodplain on City flood maps, and (2.) land located outside the floodplain, when the Recreational use is temporary and does not preclude allowed uses or Conditional Uses other than recreation. LOCATION: Citywide. ZONES: I-P, I-L and I-H Zoning Districts. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5, 8 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.5.1, 3.6.1 and 3.6.2; and Community Development Code Chapters 18.380, 18.390 and 18.530. THE PUBLIC HEARINGS ON THIS MATTER WILL BE HELD UNDER TITLE 18 AND THE RULES OF PROCEDURE ADOPTED BY THE COUNCIL AND AVAILABLE AT CITY HALL OR THE RULES OF PROCEDURE SET FORTH IN SECTION 18.390.060E. • ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARINGS, THE HEARING AUTHORITY WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARING AUTHORITY MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE REQUEST PRIOR TO MAKING A DECISION. • • I ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER DUANE ROBERTS AT(503)639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. ---4:.�C' ?...Et V\ -'•' 1. a •6'-•, I/'I■1,■:::,„...,11•1111\ " .. !:: -: .... i �� III,.. ••• f �- •i ? ri 1,- ``r `',..MI--r-�AIS.•.... IICF=•', :.•. :11111€IH• ®Cie■■ :On. 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Farm. 1 41 DLCD NOTICE OF PROPOSED AMENDM -IT This form must be received by DLCD at least 45 days prior to the first evidenti //�� per ORS 197.610, OAR Chapter 660 - Division 18 �J and Senate Bill 543 and effective on June 30, 1999 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA2000-00005 (If no number,use none) Date of First Evidentiary Hearing: 4/16/2001 Date of Final Hearing: 5/8/2001 (Must be filled in) (Must be filled in) Date this proposal was sent or mailed: February 28. 2001 (47 days) (Date mailed or sent to DLCD) Has this proposal been submitted to DLCD? _Yes X No Date: N/A Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment Zoning Map Amendment New Land Use Regulation _ Other: be'I (Please Specify Type of Action) Briefly sum► arize the proposal. Do not use technical terms. Do not write "See Attached." Th- of Tigard is requesting approval of a Zone Ordinance Amendment to amend Table 8.520 of the Community Development Code to allow Community Recreation Use as a • •itional Use within two specific overlay areas of the I-P. 1-L and I-H zoning districts. These areas are proposed to include land classified as floodplain on City flood maps and/or land located outside the floodplain when the Recreational use is temporary and does not preclude allowed uses or Conditional uses other than recreation. Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specified change in Density: Current: N/A Proposed: N/A Applicable Statewide Planning Goals: 1. 2. 5. 8 and 9 Is an Exception proposed?_ Yes X No Affected State or Federal Agencies, Local Governments or Special Districts: DLCD. Metro and ODOT Local Contact: Duane Roberts Area Code + Phone Number: (503) 639-4171 Address: 13125 SW Hall Boulevard City: Tigard. OR Zip Code +4: 97223-8189 DLCD No.: Form1 0 • SUBMITTAL REQUIREMENTS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610, OAR Chapter 660-Division 18 and Senate Bill 543 and effective on June 30, 1999. 1. Send this Form and Two (2) Copies of the Proposed Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPIES TO: Metro Land Use & Planning. 600 NE Grand Avenue Portland, OR 97232-2736 ODOT—Region 1, District 2-A Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the DLCD's SALEM OFFICE at least FORTY-FIVE (45) before the first evidentiary hearing on the proposal. The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 3. Submittal of proposed amendments shall include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the proposal. "Text" means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 4. Submittal of proposed "map" amendments must include a map of the affected area showing existing and proposed plan and zone designations. The map should be on 8 1/2 x 11 inch paper. A legal description, tax account number, address or general description is not adequate. 5. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. 6. Need More Copies? You can copy this form on to 8-1/2x11 green paper only8-1/2x11 green paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or email your request to Larry.FrenchQi state.or.us — ATTENTION: PLAN AMENDMENT SPECIALIST. • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage-Provided) 43 Attn: Patty/Planning trt RE: ZOA2000-00005-"Notice of Proposed Amendment" ra I r u -- - I Ir Postage $ � � Certified.Fee � gR.9, Return Receipt Fee � � ostmark ru (Endorsement Required) • Here S ct, Restricted Delivery Fee !4"" (Endorsement Required) `O Total Postage&Fees / I Nrk Oregon Dept. of Land Conservation & De elop , Development 1° ATTN: LARRY FRENCH 0 635 Capital Street NE, Suite 150 • Salem, OR 97301-2540 r` PS Form 3800,February 2000 See Reverse for Instructions • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY { • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) =o lelivery ' item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. C. Sign.ture • Attach this card to the back of the mailpiece, Agent or on the front if space permits. ❑Addressee D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Oregon Dept. of Land Conservation & Dev ATTN: LARRY FRENCH 635 Capital Street NE, Suite 150 3. !rice Type • 'Salem, OR 97301-2540 ®Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes { 2. Article Number Copy from service label ;i MDO asap UV/ 3 9o9 • a�S PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 • • • U.S.Postal Service ■ CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ,i- Attn: Patty/Planning m ,RE: ZOA2000-00005-"Notice of Proposed Amendment" !`r9 Postage $ t� . fr (r..?'t!' Certified Fee f _ u'1 Return Receipt Fee (7:: 1 Postmark ¢ fly (Endorsement Required) _� Restricted Delivery Fee ,J. ,. �'��; �f� 1 0 (Endorsement Required) `.�`�2rt.; t Total Postage&Fees CliMM ' iCI uuj ODOT—Region 1, District 2-A plated by mailer) ° Jane Estes, Permit Specialist s 0 5440 SW Westgate Drive, Suite 350 °o Portland, OR 97221-2414 L PS Form 3800,February 2000 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . 1,l• Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Dat-of velivery 1 item 4 if Restricted Delivery is desired. • Print your name and address on the reverse C. Sign- so that we can return the card to you. C. / • Agent ■ Attach this card to the back of the mailpiece, O or on the front if space permits. ❑Addressee D. I delivery address different from item 1? ❑ Yes 1. Article Addressed to: x" r!^.:� E"If YES,-,enter,de6very address below: ❑ No - - - ; �- Io��\ \ COOT— Region 1, District 2-A ,;:ane Estes, Permit Specialist : '4' )..-(:1)� 5440 SW Westgate Drive, Suite 350 3. ServiceType"1; ' Portland, OR 97221-2414 a Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise 1 ❑ Insured Mail ❑ G.O.D.• YY 4. Restricted Delivery?(Extra Fee) ❑Yes 112 icle Nu ber from service label) 'VDU O Co -Q OD IA S 0'9 ,2/34/4" - - PS Form 3811,July 1999 , Domestic Return Receipt 102595-00-M-0952 • 0 • . • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) j,-.1 , Attn: PattylPlanning ■=- RE: ZOA2000-00005-"Notice of Proposed Amendment" r9 nJ — - - Q. Postage $ t,5,. CI /.- ( o �P�° BR 9p. �' Certified Fee g� Return Receipt Fee ]� i ?r P rL (Endorsement Required) o)_.v , 2' He ° Restricted Delivery Fee J Cy f ri° (Endorsement Required) $ /y f ' \ �i■\C^-. Total Postage&Fees $ L/3 2.,,,,,______,,,- - \� ��) ° / \' J/.w)ay fi b 1 u1 ',, Metro ripleted by mailer) ° - ATTN: LAND USE & PLANNING °0 600 NE Grand Avenue - ° Portland, OR 97232-2736 IN- PS Form 3800,February 2000 See Reverse for Instructions - - t • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY 1 • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Dat of l elivery II item 4 if Restricted Delivery is desired. • Print your name and address on the reverse C. Sig t re so that we can return the card to you. / ❑Agent • Attach this card to the back of the mailpiece, or on the front if space permits. A I lL _ " ❑Addressee D. Is deliv-••ad.ress.• erent fro . em 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No r Metro . ATTN: LAND USE & PLANNING , 600 NE Grand Avenue Portland, OR 97232-2736 3. Service Type Certified Mail ❑ Express Mail • Registered ❑ Return Receipt for Merchandise . d ❑ Insured Mail ❑C.O.D. i 4. Restricted Delivery?(Extra Fee) ❑Yes Ij2. Article Number Copy from service label) ?CVO o.Ca-O 60(a). S9o9 a'�/ 1 PS Form 3811,July 1999 Domestic Return Receipt • 102595-00-M-0952 -REQU 1 )C COwv ,VTS • • REQUEST FOR COMMENTS CITY OF TIGARD Community Development Shaping Better Community DATE: February 28. 2001 TO: ohn Roy,Property Manager/Operations Department FROM: 1 City,of Tigard Planning Division STAFF CONTACT: Duane Roberts Associate Planner (x347) Phone: (503) 639-4171/fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA) 2000-00005 ➢ CODE AMENDMENT TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS < REQUEST: The City of Tigard is requesting approval of a Zone Ordinance Amendment to amend Table 18.520.1 of the Community Development Code to allow Community Recreation Use as a Conditional Use within two specific overlay areas of the I-P, I-L and I-H zoning districts. These areas are proposed to include land classified as floodplain on City flood maps and/or land located outside the floodplain when the Recreational use is temporary and does not preclude allowed uses or Conditional uses other than recreation. LOCATION: Citywide. ZONES: I-P, I-L and I-H. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5, 8 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.6.1, 3.6.2, 3.5.1 and 5.5; and Community Development Code Chapters 18.380, 18.390, 18.520 and 18.530. Attached is a "DRAFT" of the Proposed Amendments 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 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 BACK BY: MARCH 14, 2001. 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 above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE:.CHECK THE FOLLOWING ITEMS THAT APPLY: yWe have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: Q 10 11/4., 1 ; i"• ∎h�s0 li` Art ('lease provide the following information)Name of Person(s) Commenting: I Phone Number(s): • �a REQUEST FOR COMMENTS IIGARD Community Deve(opment Shaping Better Community DATE: February 28, 2001 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Duane Roberts. Associate Planner 1x341) ` Phone: (503) 639-4111/Fax: (503) 684-7297 ZONE ORDINANCE AMENDMENT (ZOA) 2000-00005 �` ➢ CODE AMENDMENT TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS < R E T: The City of Tigard is requesting approval of a Zone Ordinance Amendment to amend Table 1 520. of the Community Development Code to allow Community Recreation Use as a Conditional Use wit o specific overlay areas of the I-P, 1-L and I-H zoning districts. These areas are proposed to include land classified as floodplain on City flood maps and/or land located outside the floodplain when the Recreational use is temporary and does not preclude allowed uses or Conditional uses other than recreation. LOCATION: Citywide. ZONES: I-P, I-L and I-H. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5, 8 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.6.1, 3.6.2, 3.5.1 and 5.5; and Community Development Code Chapters 18.380, 18.390, 18.520 and 18.530. Attached is a "DRAFT" of the Proposed Amendments 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 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 BACK BY: MARCH 14. 2001. 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 above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY d We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Pease provide the fofthwing information)Name of Person(s) Commenting: I Phone Number(s): I CITY • TIGARD REQUEST FOR COMeNTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NO(S).: Z° ° ' — °°c1° 5— FILE NAME(S): [. - : CITIZEN-INVOLVEMENT TEAMS,. • ' I4-DAY PENDING APPLICATION NOTICE TO CIT AREA: O' tral OEast 2Siiuth aVirest QProposal Descrip.in Library CIT Book CITY OFFICES ONG RANGE PLANNING/Nadine Smith,Supervisor _COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. POLICE DEPT./Jim Wolf,Crime Prevention Officer —4UILDING DIVISION/Gary Lampella,Building Official _cH.G.INEERING DEPT./Brian Rager,Dvlpmnt Review Engineer WATER DEPT./Michael Miller,Utilities Manager CITY ADMINISTRATION/Cathy Wheatley,City Recorder PERATIONS DEPT./John Roy,Property Manager OPERATIONS DEPT./Matt Stine,Urban Forester ✓PLANNER-TIME TO POST PROJECT SITE! 'SPECIALrDISTRICTS . " A ' . TUAL. HILLS PARK&REC. DIST.*_TUALATIN VALLEY FIRE&RESCUE * _TUALATIN VALLEY WATER DISTRICT * _UNIFIED SWRGE.AGENCY * Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15101 SW Walker Road Washington County fire District PO Box 145 155 N.First Street Beaverton,OR 91006 (place in pick-up box) Beaverton,OR 97015 Hillsboro,OR 91124 LOCAL AND STATE JURISDICTIONS ., . . '- . , ' "' CITY OF BEAVERTON * _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS •Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street NE _ Irish Bunnell,Development Services PO Box 369 PO Box 59 Salem,OR 97301-1279 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 PO Box 23483 _ Carol Hall,Data Resource Center(ZCA) US ARMY CORPS.OF ENG. Durham,OR 97281-3483 e-----Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP_333 SW First Avenue _/lGel Huie,Greenspaces Coordinator(CPA/ZOA) Larry French(Comp.Plan Amendments Only) PO Box 2946 • _CITY OF KING CITY* Jennifer Budhabhatti,Regional Planner(Wetlands) 635 Capitol Street NE,Suite 150 Portland,OR 97208-2946 City Manager ✓C.D. Manager,Growth Management Services Salem,OR 97301-2540 15300 SW 116th Avenue WASHINGTON COUNTY* King City,OR 97224 _ OR.DEPT.OF ENERGY(Powerlines in Area) _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division 155 N.First Avenue _CITY OF LAKE OSWEGO* Routing TTRC-Attn: Renae Ferrera Tom Highland,Planning Suite 350,MS 13 Planning Director PO Box 3621 3040 25th Street,SE 'Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 . Salem,OR 97310 _Brent Curtis(CPA) Lake Oswego,OR 97034 _Gregg Leion(CPA) OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Anne LaMountain(IGANRB) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Sonya Kazen,Development Review Coordinator _Phil Healy(IGA/URB) David Knowles,Planning Bureau Dir. Regional Administrator _Carl Toland, Right-of-Way Section(vacations) _Steve Conway(General Apps.) Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Sr.Cartographer ccPAacA>rns 14 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 _Jim Nims(ZCA)MS 15 Portland,OR 97204 r _Doria Mateja(ZCA)Ms 14 _ODOT,REGION 1 -DISTRICT 2A* Jane Estes,Permit Specialist , 5440 SW Westgate Drive,Suite 350 h:\patty\inasters\Request For Comments Notification List 2.doc (Revised: 30-Nov-00) Portland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL AGENCIES "' • '-. ' _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northern/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager ' 110 W. 10th Avenue • Albany,OR 97321 _SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _TCI CABLEVISION OF OREGON _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Pat McGann (If Project is Within%Mite of Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 _PORTLAND GENERAL ELECTRIC _NW NATURAL GAS COMPANY _VERIZON _ QUEST COMMUNICATIONS Jim VanKleek,Svc.Design Consultant Scott Palmer Ken Perdue,Engineering Richard Jackson,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 _TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 . _TCI CABLE(Apes.E.of NatN.ot 99W) Marsha Butler,Administrative Offices Jan Youngquist,Demographics&Planning Dept. Diana Carpenter 13137 SW Pacific Highway 16550 SW Merlo Road 3500 SW Bond Street Tigard,OR 97223 Beaverton,OR 97006-5152 Portland,OR 97232 *INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). • • Jeff Miller, Chair Tigard Dog Park Task Force 16460 SW 93rd Ave. Tigard, OR 97224 Si i•113--1•VW At -9N)Aetitsela • ,, • • A AFFIDAVIT OF MAILING "`II; CITY OF ii1;` D Community Development Shaping Better Community • • STATE OFOEGON ) County of Washington )ss. City of igard ) I, Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Bebw) © NOTICE OF FINAL ORDER FOR: ZOA2000-00005/CODE AMENDMENT TO ALLOW RECREATION AS A CONDITIONAL USE WITHIN ALL INDUSTRIAL ZONING DISTRICTS I COMMISSION: 4/16/2001 - COUNCIL 5/8/2001 AMENDED NOTICE (File No./Name Reference) (Date of Public Hearings) ❑ City,of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ® Tigard City Council • A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B' and by reference made a part hereof, on May 15,2001, and deposited in the United States Mail on May 15,2001, postage prepaid. • ,y.� r� � Tor (Person - -t Prepared Not ill • Subscribed and sworn/affirmed before me on the 30 day of ,"'% V , 2001. S iiPUM p BJpLIEILDERK OFFICIAL SEAL MY COMNM ODI TARAjpN E � RC OS R85T 8[(EOp T,2 // / sI ld t I I) ' ' I I I I ' " My Commission Exiii Tr 7/7/3 • • EXHIBIT A A 120 DAYS= N/A TI CITY OF TIGARD Community cDeve(opment Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE TIGARD CITY COUNCIL Case Number: ZONE ORDINANCE AMENDMENT(ZOA) 2000-00005 Case Name: CODE AMENDMENT TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS Names of Owners: N/A Name of Applicant: City of Tigard Address of Applicant: 13125 SW Hall Boulevard Tigard, Oregon 97223 Address of Property: Citywide within industrial zoning districts Tax Map/Lot Nos.: N/A A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A REQUEST FOR A ZONE ORDINANCE AMENDMENT. THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIEWED THE APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIEWING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON APRIL 16 2001 FOR THE PURPOSE OF MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON MAY 8,2001 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED WITHIN THIS FINAL ORDER. Request: > The City of Tigard requested approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Recreation as a Conditional Use within two specific overlay areas of the I-P, I-L and I-H zoning districts. These areas include: (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not preclude allowed uses or Conditional Uses other than Recreation within the district. In addition, the Conditional Use Section 18.330.050B.5.b of the Community Development Code was amended to establish a minimum automobile parking space requirement and parking plan provisions. ZONES: I-P, I-L and I-H. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5, 8 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.5.1, 3.6.1 and 3.6.2; and Community Development Code Chapters 18.330, 18.380, 18.390 and 18.530. Action: > ❑ Approval as Requested ® Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Affected Government Agencies ® The Affected Citizen Involvement Team Facilitator The adopted findings of fact, decision and statement of conditions can be obtained from the Planning Division/Community Development Department at the City of Tigard City Hall. Final Decision: THE DECISION WAS SIGNED ON MAY 8, 2001, AND BECOMES EFFECTIVE ON JUNE 7, 2001. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. Appeal: 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 procedures. Questions: If you have any questions, please call the City of Tigard Planning Division or the City Recorder at (503) 639-4171. • • CITY OF TIGARD, OREGON ORDINANCE NO. 01- 05 AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE BY ADOPTING AMENDMENTS TO TABLE 18.530.1 AND SECTION 18.330.050.B.5.B TO ALLOW RECREATION AS A CONDITIONAL USE WITHIN ALL INDUSTRIAL ZONING DISTRICTS AND TO ESTABLISH OFF-STREET PARKING REQUIREMENTS FOR DOG PARKS. WHEREAS, the City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the City of Tigard Planning Commission held a public hearing on April 16, 2001, regarding the above listed amendments; and WHEREAS, the City's supply of land available for recreational uses is dwindling; and WHEREAS, the proposed standards restricting the location and duration of the recreation uses within the industrial zoning districts would ensure that the uses do not interfere with or overwhelm the industrial uses; and WHEREAS, dog parks attract people from outside the area who drive to the park; and WHEREAS, the City of Tigard Planning Commission voted unanimously to recommend Council adoption of the revised Code sections shown in Exhibit "A"; and WHEREAS, the City Council held a public hearing on May 8, 2001, to consider the amendments. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendments are consistent with all relevant criteria based on the facts and conclusions noted in the attached staff report(Exhibit "B"). SECTION 2: The specific text amendments attached to this Ordinance are hereby adopted and approved by the City Council. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By UfCtfltrnDUS vote of all Council members present after being read by number and title only, this day ofd— , 2001. 04E1 DA-1.- PU4-12 Catherine Wheatley, City Recorder ORDINANCE No. 01-3 Page 1 • • APPROVED: By Tigard City Council this 7 day of , 2001. J mes E. Grit'.th, Ts"r Approved as to form: s_ (kJ 5-7&/ ( Attorney Date ORDINANCE No. 01-03 Page 2 • • • EXHIBIT A TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H • RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation •• N N N CIVIC(INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation CNio CNio CNio Cultural Institutions N N N Day Care R3 9 R3 9 R3 9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments Rz N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P' P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 'In-home day care which meets all state requirements permitted by right. °Permitted if all activities,except employee and customer parking, are wholly contained with a building(s). 'When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 'Explosive storage permitted outright subject to regulations of Uniform Fire Code. • • 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. io Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. • • • • • 18.330.050B.5.b c. Any sign shall comply with the sign requirements, Chapter 18.780; d. Hours of operation shall be limited to 10:00 a.m. to 1:00 a.m.; e. All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use; f. Doors and windows shall at all times be closed except for normal ingress and egress; g. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion Qf the structure in which the adult business is operated; and h. All adult entertainment establishments shall comply with all applicable state laws. 2. Motor Vehicle Servicing and Repair. a. Setbacks: (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and (3) All repair work shall be performed indoors. 3. Fleet Storage: a. No buildings or structures are allowed; and b. Setbacks shall comply to those of the underlying zone. 4. Motor Vehicle Sales and Rental: a. Five feet of the perimeter setback shall be used for landscaping and screening purposes; 5. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; b. There are no off-street parking requirements, except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more, along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking • shall require a signed agreement with the landowner providing the additional parking. Three automobile parking spaces are required for a dog park or off-leash area with a fenced area of less than one acre, along with an approved parking plan for anticipated peak use periods. Off- site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. 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I,mg% • • EXIEBIT B Dave Walker ZOA2000-00005 15245 SW 74th Avenue CODE AMENDMENT TO ALLOW COMMUNITY Tigard, OR 97223 RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS Jeff Miller, Chair Tigard Dog Park Task Force FINAL ORDER BY THE CITY COUNCIL 16460 SW 93rd Avenue Tigard, OR 97224 • • • TIGARD PLANNING COMMISSION A!► CITY OF TIGARD OREGON NOTICE: PEOPLE WISHING TO SPEAK ON ANY ITEM MUST PRINT THEIR NAME AND ADDRESS ON THIS SHEET. AGENDA ITEM#: S, I Page I of DATE OF HEARING: //4'/ l] CASE NUMBER(S): 2..04 ,2 azz)- ODD06 OWNER/APPLICANT: 4e-yi.ve-el—' LOCATION: C/ `-C- r , 1 .i 41. if PLEASE PRINT YOUR NAME, ADDRESS, AND ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) • (Print Name/Address/Zip&Affiliation) (Print Name/Address/Zip&Affiliation) Name: J ?1/e, C /1C. eir- Name: Address: /5--c,2 V,5"- St-c)-2 / Ike Address: . City: J to State: CK Zip: ff7o)- City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: • Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: • • • A AFFIDAVIT OF MAILING '''' CITY OF TIGARD Community'Development • Shaping Better Community STATE OF O GON ) County of Washington )ss. City of Tigard ) I, (Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist//for the City of Tigard, Washington County, Oregon and that I served the following: NOTICE OF PROPOSED AMENDMENT FOR: (File No/Name Reference) M NOTICE OF ADOPTION FOR: ZOA2000-00005/CODE AMENDMENT TO ALLOW RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS 1 COMMISSION: 4/16/2001 — COUNCIL: 5/8/2001 (File NoJName Reference) (Date of Public Hearing) NOTICE OF WITHDRAW/DENIAL FOR: (File No/Name Reference) (Date of Public Hearing) Notice was mailed via US Certified Mail to the following agencies: 0 OREGON DLCD IZI METRO I I ODOT-REGION 1,DISTRICT 2-A ATTENTION: PLAN AMENDMENT SPECIALIST 600 NE GRAND AVENUE JANE ESTES,PERMIT SPECIALIST 635 CAPITOL STREET NE,SUITE 150 PORTLAND,OR 97232-2736 5440 SW WESTGATE DR.,SUITE 350 SALEM,OR 97301-2540 PORTLAND,OR 97221-2414 A copy of the Notice of which is attached, marked Exhibit "A", was deposited in the United States Mail on May 15, 2001, postage prepaid. OP . / /J.' i.A..k.. .4,,,.../..../ (Person •c Prepare. ;AO • • Subscribed and sworn/affirmed before me on the 3o day of C-InV... , 2001. ,!� OFFICIAL SEAL -`'4= 7 ..r DIANE M JELDERKS • -:: NOTARY PUBLIC-OREGON .,/ii / /1- � ,/�� COMMISSION NO.328578 MY COMMISSION EXPIRES SEPT.07,2003 NOTARY PUBLIC OF ilir N MY Commission Expires: 7 c) • • Form .2 • EXHIB. A CO CT:, DLCD NOTICE OF ADOPTION This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660 - Division 18 (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA2000-00005 (If no number,use none) Date of Adoption: May 8, 2001 Date Mailed: May 15, 2001 (Must be filled in) (Date mailed or sent to DLCD) Date this proposal was seat or mailed: February 28, 2001 (47 days) (Date mailed or sent to DLCD) Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached." A Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Recreation as a Conditional Use within two specific overlay areas of the I-Pt I-L and I-H zoning districts. These areas include: (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not preclude allowed uses or Conditional Uses other than Recreation within the district. In addition, the Conditional Use Section 18.330.050B.5.b of the Community Development Code was amended to establish minimum automobile parking space requirements and parking plan provisions associated with the use. Describe how the adopted amendment differs from the proposed amendment. If it is the same, write "Same." If you did not give notice for the proposed amendment, write "N/A." Parking requirements were also added. Plan Map Change from: N/A to N/A • Zone Map Change from: N/A to N/A Location: _ Citywide in industrial zoning districts Acres Involved: N/A Specify Density: Previous: N/A New: N/A Applicable Statewide Planning Goals: 1, 2, 5, 8 and 9. Was an Exception adopted? Yes: _ No: X DLCD File No.: • • Form 2 Did the Department of Land Conservation and Development receive a Notice of Proposed Amendment FORTY FIVE (45) days prior to the first evidentiary hearing? Yes: X No: _ If no, do the Statewide Planning Goals apply. Yes: _ No: If no, did The Emergency Circumstances Require immediate adoption. Yes: _ No: Affected State or Federal Agencies, Local Governments or Special Districts: DLCD, Metro and ODOT Local Contact: Duane Roberts Area Code + Phone Number: 503-639-4171 Address: 13125 SW Hall Boulevard City: Tigard, OR Zip Code + 4: 97223-8189 ADOPTION SUBMITTAL REQUIREMENTS This form must be mailed to DLCD within 5 working days after the final decision per ORS 197.610 and OAR Chapter 660- Division 18 1. Send this Form and Two (2) Copies of the Adopted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 COPY TO: Metro Land Use & Planning ODOT—Region 1, District 2-A 600 NE Grand Avenue Jane Estes, Permit Specialist Portland, OR 97232-2736 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Submit Two (2) copies of adopted material, if copies are bounded please submit two (2) complete copies of documents and maps. 3. Please Note: Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the "Notice of Adoption" is sent to DLCD. 6. In addition to sending the "Notice of Adoption" to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can copy this form to 8-1/2x11 green paper only ; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email your request to Larry.French @state.or.us —ATTENTION: PLAN AMENDMENT SPECIALIST. • • CITY OF TIGARD, OREGON ORDINANCE NO. 01- 03 AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE BY' ADOPTING AMENDMENTS TO TABLE 18.530.1 AND SECTION 18.330.050.B.5.B TO ALLOW RECREATION AS A CONDITIONAL USE WITHIN ALL INDUSTRIAL ZONING DISTRICTS AND TO ESTABLISH OFF-STREET PARKING REQUIREMENTS FOR DOG PARKS. WHEREAS, the City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the City of Tigard Planning Commission held a public hearing on April-16, 2001, regarding the above listed amendments; and WHEREAS, the City's supply of land available for recreational uses is dwindling; and WHEREAS, the proposed standards restricting the location and duration of the recreation uses within the industrial zoning districts would ensure that the uses do not interfere with or overwhelm the industrial uses; and WHEREAS, dog parks attract people from outside the area who drive to the park; and WHEREAS, the City of Tigard Planning Commission voted unanimously to recommend Council adoption of the revised Code sections shown in Exhibit "A"; and WHEREAS, the City Council held a public hearing on May 8, 2001, to consider the amendments. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendments are consistent with all relevant criteria based on the facts and conclusions noted in the attached staff report(Exhibit "B"). SECTION 2: The specific text amendments attached to this Ordinance are hereby adopted and approved by the City Council. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. • PASSED: By Unarh1n)UIS vote of all Council members present after being read by number and title only, this S.'-" day of , 2001. • Catherine Wheatley, City Recorder ORDINANCE No. O l-C3 Page 1 • • APPROVED: By Tigard City Council this so — day of `--117._ , 2001. J mes E. Grif',th, Is/ir Approved as to form: ` 1 Attorney 3 NO ( Date • ORDINANCE No. OI-03 Page 2 • • EXHIBIT A TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation CNio CNio CNio Cultural Institutions N N N Day Care R3 9 R3 9 R3 9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N • COMMERCIAL Commercial Lodging P N N • Eating and Drinking Establishments RZ N N Entertainment-Oriented • • - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented RZ N N - Personal Services Rz N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P Railroad Yards N N P Research and Development P P P • Warehouse/Freight Movement N P P Waste-Related • . N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries • N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a • development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 'In-home day care which meets all state requirements permitted by right. 'Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 'When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets;may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the 1-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 'Explosive storage permitted outright subject to regulations of Uniform Fire Code. • • • • 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. 10 Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. • • • • 18.330.050B.5.b c. Any sign shall comply with the sign requirements,Chapter 18.780; d. Hours of operation shall be limited to 10:00 a.m. to 1:00 a.m.; e. All windows less than seven feet from the ground shall be covered or screened in such a manner that the sales area and inventory are not visible from the sidewalk adjacent to the use; f. Doors and windows shall at all times be closed except for normal ingress and egress; g. No amplified or mechanically reproduced sounds shall emanate from the confines of the structure or portion of the structure in which the adult business is operated; and h. All adult entertainment establishments shall comply with all applicable state laws. 2. Motor Vehicle Servicing and Repair. a. Setbacks: (1) A five-foot perimeter setback shall surround all outdoor parking and storage areas; (2) Buffer screening shall be provided along the perimeter of all outdoor parking and storage areas as required in Section 18.745.040; and (3) All repair work shall be performed indoors. 3. Fleet Storage: a. No buildings or structures are allowed; and b. Setbacks shall comply to those of the underlying zone. 4. Motor Vehicle Sales and Rental: a. Five feet of the perimeter setback shall be used for landscaping and screening purposes; 5. Community Recreation and Parks: a. All building setbacks shall be a minimum of 30 feet from any property line; b. There are no off-street parking requirements, except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more, along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking • shall require a signed agreement with the landowner providing the additional parking. Three automobile parking spaces are required for a dog park or off-leash area with a fenced area of less than one acre, along with an approved parking plan for anticipated peak use periods. Off- site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. • • AGENDA ITEM# (U FOR AGENDA OF 5/8/01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY • ISSUE/AGENDA TITLE Zone Ordinance Amendment to Allow Recreation as a Conditional Use within all Industrial Zoning Districts PREPARED BY: Duane Roberts DEPT HEAD OK I / !JTY MGR OK l/' h ISSUE BEFORE THE OUNCIL Should the City amend the Community Development Code to allow outdoor recreational uses within the industrial zoning districts? STAFF RECOMMENDATION Approve the proposed ordinance amendment, as recommended by Planning Commission. INFORMATION SUMMARY The Tigard Community Development Code currently prohibits Community Recreation within all the industrial zoning districts. The proposed, City-initiated amendment would allow outdoor recreation as a Conditional Use within these districts under certain circumstances. These circumstances include (1.) land classified as floodplain when the recreational use does not preclude the future industrial development of adjacent upland and (2.) upland areas when the recreational use is temporary and the land is available for conversion to industrial use as market conditions dictate. • The effect of adopting the amendment would be to make additional land available for recreational uses without interfering with the supply of land designated for industrial development and without adversely affecting the City's ability to meet the job target capacities set by Metro, which are based on vacant land and redevelopment and infill opportunities. Allowing recreation on the limited basis proposed by the amendment would contribute to an improved quality of life and, correlatively, to an improved business climate within the City. On April 16th, the Planning Commission conducted a hearing on the proposed amendment. At the conclusion of the hearing, the Commission voted unanimously to recommend to Council that the amendment be approved. The recommendation included the qualification that parking standards be developed as a companion to the proposed amendment. The current code contains no parking standards for outdoor recreation. The portion of the Planning Commission recommendation pertaining to parking is worded as follows: "Recommend the City Council . . . adopt appropriate parking standards for the temporary use to include allowing unpaved parking and to focus the required parking dependent upon existing available parking." In response to the Planning Commission's recommendation regarding parking requirements, staff called several cities statewide to obtain information on and compare parking standards pertaining to outdoor recreation. Among • . • the ten cities contacted, none currently has in its code specifically defined parking standards for outdoor recreation uses. In the case of neighborhood-level parks, the reason for this would appear to be related to the purpose of such parks. Neighborhood parks typically are designated to provide neighborhood social, recreational and fitness activities. They generally are located in the interior of residential areas. The major methods of travel to these sites are walking and bicycle riding. As such, there appears to be no need for park providers to establish parking standards for neighborhood parks. For the same reason, staff recommends Council not consider parking standards for City neighborhood parks. The same is not true of community and regional scale parks. These parks serve as a focus for the community's recreational and social needs and activities. They are bigger and provide a larger number of facilities and activities and therefore attract a high number of users who travel by car. However,because parking standards for large-scale parks are not well established in community codes and because such parks would not be allowed in industrial areas under the proposed overlay standards, staff recommends that Council not consider standards for community and regional scale parks in conjunction with the proposed amendment. As for Planning Commission's call for standards relative to unpaved and joint use parking, gravel or unpaved parking already is allowed in the Tigard code under a variance procedure with a showing of special circumstances. The use of joint parking also is addressed in the existing code, which provides specific approval standards for joint parking arrangements. Both required on-site and overflow parking requirements can be satisfied through a joint parking arrangement. Therefore, there appears to be no need, in conjunction with this amendment, to adopt special standards pertaining to joint use and unpaved parking. Recreational uses involving dogs were the main focus of the Planning Commission discussion regarding parking. Dog parks generally tend to attract people from outside the area who travel to the park by car. Given the unique circumstances associated with dog parks, staff concurs with the comments of some Planning Commissioners concerning the need for parking standards addressing this specific recreational use. Based on an informal survey of four cities that operate dog parks, five spaces appears to be the minimum number of stalls needed to accommodate the weekday parking needs of dog park users. Therefore, staff recommends the City establish a basic automobile parking requirement of five spaces for a dog park with a fenced area of one acre or more and three spaces for a dog park of one acre or less. In addition, a parking plan should be developed to address parking requirements during peak use periods, including evening and weekends. The parking plan could include shared parking with other uses. Staff further proposes the parking requirement be added to the Conditional Use chapter of the Community Development Code under 18.330.050B.5.b. as follows: b. There are no off-street parking requirements, "except that five automobile parking spaces are required for a dog park or off-leash area with a fenced area of one acre or more, along with an approved parking plan for anticipated peak use periods. Off-site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking. Three automobile parking spaces are required for a dog park or off-leash area with a fenced area of less than one acre, along with an approved parking plan for anticipated peak use periods. Off- site peak use or overspill parking shall require a signed agreement with the landowner providing the additional parking." • • OTHER ALTERNATIVES CONSIDERED Approve the zone ordinance amendment in the same form as contained in the ZOA application without adding a parking requirement. Approve the amendment with the parking requirement developed by staff. Approve the amendment with a different parking requirement. Do not approve the proposed amendment allowing recreational uses within industrial areas. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The amendment is consistent with the spirit of Community Character and Quality of Life Goal # 1, Community Aesthetics,which calls for the development of a"list of methods for dedication or acquisition of open space", if broadened to include the use of open space. ATTACHMENT LIST Staff report to the Planning Commission. Draft minutes of 4/16/01 Planning Commission hearing. Ordinance amending the Community Development Code. FISCAL NOTES The amendment would make available additional land for parks, including lower-priced floodplain and uplands, until such time as the upland is needed for industrial development. i/citywide/sumlzoa 2000-05.doc • • • • Exiimn 6 Agenda Item: Hearing Date: April 16, 2001 Time: 7:30 PM STAFF REPORT TO THE PLANNING COMMISSION CITY OFTIGARD Co-Yuxy FOR THE CITY OF TIGARD, OREGON Veielop ,t St upLn.-A Bettor vu ity SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW RECREATION AS A CONDITIONAL USE WITHIN ALL INDUSTRIAL ZONING DISTRICTS CASE NO.: Zone Ordinance Amendment (ZOA) ZOA2000-00005 PROPOSAL: The applicant requests approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within specific overlay areas of the I-P, I-L, and I-H zoning districts. APPLICANT: City of Tigard APPLICANT'S Duane Roberts REP: City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ZONE: I-P, I-L, and I-H. LOCATION: All industrial zoning districts citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.530; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.5.1, 3.6.1 and 3.6.2; The Metro 2040 Plan; and Statewide Planning Goals 1, 2., 5, 8, and 9. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation to the City Council to APPROVE the requested Zone Ordinance Amendment to allow Recreational Uses within specific overlay areas of the I-P, I-L and I-H zoning districts. STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 1 OF 7 • • SECTION III. BACKGROUND INFORMATION The City of Tigard, as applicant, requests approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within specific overlay areas of the I-P, I-L, and I-H zoning districts. These overlay areas are proposed to include two types: 1. land classified as floodplain on City flood maps, when the Recreational Use does not otherwise preclude future cut and fill as needed to develop adjoining industrially zoned upland, and 2. land located outside the floodplain as shown on City floodplain maps, when the Recreational use is temporary and does not otherwise preclude allowed uses or other Conditional Uses within the zoning district. The net effect of the proposed amendment would be to make additional land available for recreational uses without interfering with the supply of land designated for economic development and without overwhelming the industrial uses. SECTION IV. SUMMARY OF APPLICABLE CRITERIA Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV procedure, as governed by Section 18.390.060G. Chapter 18.390.060G states that the recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition, the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The following are the applicable Statewide Planning Goals that are applicable to this proposal: Statewide Planning Goal 1 — Citizen Involvement: This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Section 18.390. Notice was mailed to all owners of property with all industrial zones and notice was published in the Tigard Times Newspaper prior to the public hearings. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Statewide Planning Goal 2 — Land Use Planning: This goal outlines the land use planning process and policy framework. The Comprehensive Plan was acknowledged by DLCD as being consistent with the statewide planning goals. The Development Code implements the Comprehensive Plan. The Development Code establishes a process for and policies to review changes to the Development Code consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for amending the Code consistent with Goal 2. STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 2 OF 7 • • • Statewide Planning Goal 5 — Open Spaces, Scenic & Historic Areas & Natural Resources: This goal establishes a process through which resources must be inventoried and evaluated. It gives local government three choices when a resource is found: Preserve it, allow proposed uses that conflict with it, or establish a balance between the resource and those uses that would conflict with it. In this case, the City code includes standards that preserve the floodplain and other environmentally constrained sites. The proposed zone ordinance amendment would not conflict with this goal or the City's implementation of it. The City's established standards for riparian and natural resource protection would apply in full to any proposed recreational uses within the floodplain and upland overlay zones. Statewide Planning Goal 8 — Recreational Needs This goal requires the City to meet the recreational needs of residents of the community, State, and visitors. The proposed amendment meets this goal by making available for recreational uses, a limited amount of additional land within the City. In addition to City residents, the amendment would benefit the employees of Tigard-based businesses by making unused and unuseable land available for nearby recreational opportunities. Statewide Planning Goal 9 — Economy This goal obligates the City to zone sufficient land for commercial and industrial uses and to limit uses to those that are compatible with the commercial and industrial uses. The proposed amendment places appropriate restrictions/standards on recreational uses in industrial zones to ensure compliance with Goal 9. The amendment includes standards that limits the location of the recreational uses to land (floodplain), which is unbuildable for industrial purposes, except that balanced cut and fill is allowed, and to projects on buildable land that are temporary in duration and do not otherwise preclude allowed uses or other Conditional Uses within the zoning district. Any applicable Metro regulations; Two Metro regulations need to be considered with regard to this request: _ Title 1: Requirements for Housing and Employment Accommodation Under this title, the City needs to consider employment targets established for Tigard. Allowing a limited amount of recreation within (1.) environmentally constrained flood land, within which, except for balanced cut and fill, industrial development is prohibited, and (2.) vacant upland that will continue to remain available for conversion to industrial use as market conditions dictate, should not affect the City's ability to meet those targets. The proposed overlay standards restricting the location and duration of the recreational uses ensure that the uses do not interfere with or overwhelm the industrial uses. Title 3: Water quality and Flood Management This goal contains performance standards intended to protect against flooding and to protect and enhance streams, rivers, and wetlands. The areas subject to these requirements are depicted in maps adopted by Metro Council. Tigard is in the process of adopting standards that meet or exceed the Metro requirements. Any recreational uses proposed within the mapped areas would be required to fully comply with these and any future environmental standards. No special exception from environmental or any other code provision would be provided by the proposed amendment. STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 3 OF 7 • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: In pertinent art, this policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment is consistent with the Statewide Goals and Regional Plan. Comprehensive Plan Policy 2.1.1: • This policy states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This olicy is satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Facilitators and the amendment was discussed at a regular monthly CIT meeting. In addition, two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Comprehensive Plan Policy 2.1.2 and 2.1.3: In pertinent part, this policy states that the Citizen Involvement Team program and the Citizen Involvement Team Facilitators shall serve as the primary means for citizen involvement in land use planning. Policy 2.1.3 states that information on land use planning issues shall be available in understandable form. These policies were satisfied because notice of the proposed amendment was mailed to all Citizen Involvement Team (CIT) Facilitators and the amendment was discussed at a regular monthly CIT meeting. An attempt was made in the written and oral notices to explain the amendment in plain English. Comprehensive Plan Policy 3.5.1: This policy states that the City shall encourage private enterprise and intergovernmental agreements that provide for open space and recreation. This goal is implemented by the proposed amendment; because the amendment allows the owners of vacant industrial zoned land to make the land available for recreational uses during the period before the land is needed for industrial development. The amendment also furthers the goal by allowing industrial zoned floodplain to be used for recreational uses. This brings the industrial zones on par with the residential zones, where recreational uses currently are allowed on flood land as a Conditional Use. Comprehensive Plan Policy 3.6.1: This policy states that individual park sites shall be developed according to a priority system, with larger-size parks receiving the highest priority and smaller-sized parks the lowest. The present amendment does not affect the prioritization of park improvements. It merely increases opportunities for the establishment of park areas of all sizes within the City. As a practical matter, given the existing inventory of vacant industrial land, most potentially available sites, in terms of size, would fall into the neighborhood-level and below categories. The investment of park resources in any particular site is a policy decision made through the City's Capital Improvement Budget Process and guided by the park master plan and comprehensive plan policies. Comprehensive Plan Policy 3.6.2: This policy states that the City shall coordinate with other public and private organizations and affected property owners in order to facilitate the implementation of the City s adopted parks plans. The present amendment, in part, was initiated in response to citizen's effort to establish a "dog park" within an area zoned for light industrial use. The property in question is land owned by and designated for the future expansion of a major City industrial employer. STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 4 OF 7 • 0 • The owner in question is willing to allow the dog park as a temporary use, because the proposed expansion of the enterprise is not scheduled to take place until approximately 2011 and the dog park use will not interfere with the operation of the existing facility. The adopted Park System Master Plan identifies the need for three dog parks within the City and Urban Services Area combined. The case of the dog park is an example of how the amendment will facilitate public-private coordination in order to facilitate implementation of the parks master plan. • Any applicable provision of the City's implementing ordinances. Code Section18.380: This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV procedure as set forth in the chaptof: Code Section 18.390: This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV procedure as detailed in the chapter. Code Section 18.530: The purpose of this chapter is to ensure that a full range of job and economic opportunities is available within the City. The present amendment does not in any way interfere with or limit job and economic opportunities within the City. The amendment improves the quality of life and business climate within the City by allowing recreational uses within certain overlay zones. These zones are conditioned specifically to avoid interfering with present and future industrial activities. Industrial Uses are prohibited with the floodplain, except for balanced cut and fill, and upland areas may be used for Recreation only until the land is needed for industrial development. SECTION V. STAFF ANALYSIS The Tigard Community Development Code (CDC) currently prohibits the Community Recreation Use within the I-P, I-L, and I-H zoning districts. The present request is to amend the Community Development Code to allow outdoor Community Recreation as a Conditional Use within all three zoning districts. Recreational Uses are proposed to be limited in terms of either location or duration through the establishment of two circumstances. One circumstance would include land classified as floodplain on City flood maps. Outdoor recreation would be allowed in this instance provided it did not otherwise preclude balanced cut and fill as needed (and permit approval obtained) to develop an adjoining industrially zoned property. An example of a Recreational Use under this circumstance would be the establishment of an open play area on City-owned land located entirely within the 100-year floodplain of an area zoned for Light Industrial development. The second circumstance would include land located outside the floodplain as shown on City floodplain maps. Outdoor recreation would be allowed as a Conditional Use in this case only when the recreational use did not preclude allowed uses or Conditional Uses other than outdoor recreation. The Recreational Use would be temporary. It would be allowed to continue until such time as the conversion of the property to an allowed or conditional use other than recreation occurred. An example of such a Recreational Use would be the establishment STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 5 OF 7 • • and operation of a public dog off-leash area on vacant industrial property under a revocable lease agreement until such time as the property were needed by the lease holder for the expansion of an existing industrial operation or sold for other industrial development. No changes to existing CDC regulations pertaining to floodplain protection are proposed. According to the Tigard Comprehensive Plan, the present restrictions on unrelated uses within commercial and industrial zoning districts are intended to protect the land within these districts for uses that provide employment opportunities for City residents and improve the City economic base. The main justification for the proposed amendment is that allowing Community Recreation within the proposed overlay areas would enhance and improve the city's livability, but at the same time would have no appreciable impact on the supply of land available for industrial development. The latter is true for two reasons. First, the current code prohibits industrial'development within the 100-year floodplain. An exception to this prohibition is that balanced cut and fill is allowed. Under the proposed amendment, floodplain could be used for outdoor recreation only when such use did not otherwise preclude future balanced cut and fill as needed (and permit approval obtained) to develop an adjoining industrially zoned property. Second, under the proposed amendment, land developed for an outdoor recreational use outside the floodplain would not be removed from the inventory of industrially designated land, but would continue to be available for conversion to industrial use as market conditions dictated. Another justification for this change is that since 1996 the City has imposed a fee on new commercial and industrial development, i.e., $49 per employee. According to the 1996 Park System Development Charge (SDC) study, commercial and industrial development contributes an annual average of some $40,000 to the Park SDC Fund. The rationale for this fee is that the employees of Tigard-based businesses spend a portion of their time in the City using local recreational facilities. Prohibiting Recreational Uses within commercial and industrial zones, while at the same time charging such development for its impact on the demand for parks, unnecessarily and unreasonably limits the potential supply of nearby recreational opportunities available to the employees of local businesses. In conclusion, the supply of land available for recreational uses is dwindling, while land prices are at an all-time high. The proposed changes would make lower priced (1) environmentally constrained and (2) undeveloped commercially and industrially zoned land available to meet the outdoor recreational needs of local residents and employees. At the same time, the City's inventory of commercial and industrial land would not be threatened or overwhelmed by the recreational uses. SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS • The City of Tigard Public Works Department has had an opportunity to review this proposal and has offered the following comments: Public Works Division supports the proposed amendment to make additional land available for recreational purposes. The City of Tigard Dog Park Steering Committee has had an opportunity to review this proposal and has offered the following comments: STAFF REPORT TO THE PLANNING COMMISSION 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 6 OF 7 • • Members of the Planning Commission, on behalf of the Tigard Dog Park Citizens Committee, we strongly agree that some recreational use should be permitted on industrially zoned property. We strongly support the amendment to alter the current zoning regulation. For several months, the Citizens committee has been desperately trying to establish a "dog park" (off leash area) in Tigard. We have become acutely aware of the lack of available property for such a site in Tigard. Additionally, the need for such a site (or two or three) in Tigard, has too become painfully apparent. The committee has currently selected two potential sites for further discussion and consideration. One of the sites is currently zoned industrial property. As Committee Chairman, and on behalf of the committee, we ask for your deepest consideration in amending the existing zoning ordinance, and allow some recreational use in industrial property zones: • Thank you for your time, Jeff Miller, Chair, Dog Park Task Force. Washington County Department of Land Use and Transportation, City of Tigard Current Planning Division, DLCD, and Metro Land use and Planning Growth Management have all had an opportunity to review this proposal and have offered no comments or objections to the proposed Zone Ordinance Amendment. April 3, 2001 PREPARED BY( ane Roberts DATE Associate Planner 4 _ �- r c� April p 3, 2001 APPROVED BY: Richard Bewerdor f� DATE Planning Manager • ATTACHMENT Exhibit A — Community Development Code Chapter 18.530, Table 18.530.1 • I STAFF REPORT TO THE PLANNING COMMISSION - _ _ 4/16/2001 PUBLIC HEARING ZOA2000-00005 PAGE 7 OF 7 • • EXHIBIT A TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation • CNio CNio CNio Cultural Institutions N N N Day Care R3 9 R3 9 R3 9 Emergency Services • P p P Medical Centers N N N Postal Service P p P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented • - Major Event Entertainment N N N - Outdoor Entertainment P N N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P p Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P • Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C C C • Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or • kennel owner/operator when located on the same lot'as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 2These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a • development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 'In-home day care which meets all state requirements permitted by right. 4Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 'When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 'Explosive storage permitted outright subject to regulations of Uniform Fire Code. • • 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. 10 Limited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. • • • • • - • • DRAFT CITY OF TIGARD PLANNING COMMISSION Meeting Minutes April 16, 2001 1. CALL TO ORDER Vice-President Padgett called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall • Blvd. 2. ROLL CALL Commissioners Present: Vice-President Padgett; Commissioners Anderson, Mores, Munro, Scolar, Sutton, and Topp Commissioners Absent: President Wilson, Commissioner Olsen Staff Present: . Dick Bewersdorff, Planning Manager; Duane Roberts, Associate Planner; Jerree Gaynor, Planning Commission Secretary City Attorneys Present: Tim Ramis, Gary Firestone, Dana Krawczuk 3. PLANNING COMMISSION COMMUNICATIONS None 4. APPROVE MEETING MINUTES Commissioner Topp moved and Commissioner Scolar seconded the motion to approve the April 2, 2001, meeting minutes as submitted. A voice vote was taken and the motion passed unanimously. 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2000-00005 CODE AMENDMENT TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS REQUEST: The City of Tigard is requesting approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within two specific overlay areas of the I-P, I-L and I-H zoning districts. These areas are proposed to include: (1.) land classified as floodplain on City flood maps and (2.) land located outside the floodplain when the Recreational use is temporary and does not preclude allowed uses or Conditional Uses other than recreation. LOCATION: Citywide. ZONES: PLANNING COMMISSION MEETING MINUTES- April 16,2001 -Page 1 • • provision. Including commercial zones for this conditional use would be an arduous process and no vacant commercial land has been identified as suitable for this use. PUBLIC TESTIMONY Dave Walker, 15245 SW 74th Avenue, Tigard, Oregon, an owner of industrial land within a flood plain, inquired if the flood plain would be governed by wetland restrictions. The Commission advised him that this amendment would not change any existing environmental regulations. Whatever use is contemplated for an industrial area would have to meet all the existing environmental requirements. DISCUSSION The Commissioners then discussed issues and concerns regarding parking and use of wetlands. It was generally agreed that the proposal is a good idea provided that parking standards are addressed. Commissioner Topp moved to recommend to the City Council to approve. the requested zone ordinance amendment (ZOA) 2000-00005, to allow as a conditional use community recreational uses within specific overlay areas of the I-P, I-L and I-H industrial zoning districts, and to adopt appropriate parking standards for the temporary use to include allowing unpaved parking and to focus the required parking dependent upon existing available parking. Commissioner Mores seconded the motion. A voice vote was taken and the motion passed unanimously. 6. OTHER BUSINESS City Attorneys Gary Firestone, Dana Krawczuk, and Tim Ramis gave a PowerPoint presentation on Planning Commission Issues and Procedures. The presentation covered decision making, findings, legal roles, and responsibilities for the Planning Commission. See Exhibits A, B, and C. The presentation covered the following topics: ➢ Planning Commission Responsibilities — Tim Ramis • Legislative • Quasi-Judicial Substantive Issues in Quasi Judicial Decision Making —Gary Firestone • Applicable Law • Decision Standards — CDC • Applicability of Law Other than CDC • Standards and Criteria • Deference to City PLANNING COMMISSION MEETING MINUTES- April 16,2001 - Page 3 • •• U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) r9 ru ru p-• Postage $ l( t • ' Certified Fee TQ • /( Postm Return ark t Retu Receipt Fee 1— rU (Endorsement Required) 1 C Here C�\a a v g Restricted Delivery Fee q 1 z(1 j1 ° (Endorsement Required) '1' `.) U`U1 ZD Cu Total Postage&Fees S L.� Co (''S P S Reclplents Name (Please Print Clearly)(To be completed by-maller) ° ( Metro sere ATTN: LAND USE & PLANNING o city, 600 NE Grand Avenue r` Portland, OR 97232-2736 _ PS - Instructions • • 1 • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Recei'e� (Ple a Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. �'V/�/44d a V' s--(6-o/ -d/ • Print your name and address on the reverse so that we can return the card to you. C. .na e / ❑Agent • Attach this card to the back of the mailpiece, X�.�� Gl/ /r % g or on the front if space permits. / ❑Addressee Jr. Is delivery address different from item 1? ❑ Yes • 1. Article Addressed to: If YES,enter delivery address below: ❑ No Metro ATTN: LAND USE & PLANNING ' 3.NE Grand Avenue . I�Serv.Cees Type ) rtified Mail 0 Express Mail Portland, OR 97232-2736 I ❑ Registered ❑ Return Receipt for Merchandise fJ —_ ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Cor.y from service label) TDD &57;10 Gbm 51.0q elav A PS Form 3811,July 1999 Domestic Retum Receipt 102595-oo-M-0952 • • U.S. Postal Service CERTIFIED MAIL RECEIPT + (Domestic Mail Only; No Insurance Coverage Provided) l -0 D' rU Postage M- Q(�R T/� • Ir Certified Fee l�, ' •r,� Return Receipt Fee lEffillak I� Postmark 0 ' C t • 1J (Endorsement Required) t� Here Restricted Delivery Fee O' ,200/ CI (Endorsement Required) , Total Postage&Fees s CI _ l•lJ RP/`ln%Pn}'!; Name rP ni a.P/n} /wa//vl trn Q.etn / d hV IIn-1 o I Oregon Dept. of Land Development 'sATTN: LARRY FRENCH °o -__635 Capital Street NE, Suite 150 {N Salem, OR 97301-2540 P• •-• - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • -'mature • • Attach this card to the back of the mailpiece, / i ./ , � . A.-nt or on the front if space permits. • • Addressee D. Is delivery address different from item'l? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Oregon Dept. of Land Conservation & Dev;, ATTN: LARRY FRENCH 635 Capital Street NE, Suite 150 3. Service Type ,Salem, OR 97301-2540 certified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise I ❑ Insured Mail ❑C.O.D. !) 4. Restricted Delivery?(Extra Fee) ❑ Yes I 2. Ar Number(Copy from service label) /0/la I.�� pia (1 �I9� PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 v • • U.S. Postal Service } CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ru . ru • o- Postage MIMI O OR T� a— CI Certified Fee ' / \4Return Receipt Fee , (r �Postm t ru (Endorsement Required) ��`_�Q /4.-Here ra Restricted Delivery Fee °" allj ti ° (Endorsement Required) �� y;J ?� • Total Postage&Fees o ° rU Recipient's i ODOT— Region 1, District 2-A IIer) ° Jane Estes, Permit Specialist ° Street,apt.NC 5440 SW Westgate Drive, Suite 350 °° City,State,z,;Portland, OR 97221-2414 N PS Form 380. tructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date Der ery i , item 4 if Restricted Delivery is desired. /_.�� • Print your name and address on the reverse • g so that we can return the card to you. Si t ❑Agent• Attach this card to the back of the mailpiece, X Z. S --.Addressee I or on the front if space permits. D. Is delivery address different fro iteitl� S:.,,,,-,„.eJS I 1. Article Addressed to:, If YES,enter delivery addre Q-eloN❑ENO' Cp ODOT—Region 1, District 2-A 'duo, �' Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 350 3. Service Type --•-• Portland, OR 97221-2414 Certified Mail ❑ Express Mail I- ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. it 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Articl Number(Cop from ervice label �� dD/a 6'9aq „Iola PS Form 3811,July 1999. Domestic Return Receipt 102595-00-M-0952 At • • • AFFIDAVIT OF MAILING CITY OF F TIG IGARD Community(Deve(opment Shaping A Better Community STATE OF 02Z,EGOTI ) County of Washington )ss. City of Tigard ) • I, Patricia L.Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, 'Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Beww) ® NOTICE OF PUBLIC HEARING FOR: l 10A2000-00005/CODE AMENDMENT TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL . USE WITHIN INDUSTRIAL ZONING DISTRICTS P.C. 4/16/2001 and C.C. 5/8/2001 File NoJName Reference) (Date of Public Hearing) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council • A copy of the said notice being hereto attached, marked EXhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked EXhibit"B", and by reference made a part hereof, on March 26,2001,and deposited in the United States Mail on March 26,2001, postage prepaid. i . ,37 7• i�._,�. (Person ha repay otic: 3C.)Subscribed and sworn/affirmed before me on the day of ,' 2001. • OFFICIAL SEAL DIANE M JELDERKS NOTARY PUBLIC•OREGON MY COMMSSIAON D(pIgES SEP 807, eP I I ?{ It My Commission Expires: d • NOTICE TO MORTGAGEE, LIENHOR,VENDOR OR SELLER: BIT THE TIGARD.DEVELOPMENT CODE REQUIRES TFM IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community Development SFiapingA Better Community PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE FOLLOWING WILL BE CONSIDERED BY THE TIGARD PLANNING COMMISSION ON MONDAY, APRIL 16, 2001 AND BY THE TIGARD CITY COUNCIL ON TUESDAY, MAY 8, 2001. THE HEARINGS WILL BE HELD AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER AT 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. FILE NO.: ZONE ORDINANCE AMENDMENT (ZOA) 2000-00005 FILE TITLE: CODE AMENDMENT TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS APPLICANT: City of Tigard OWNER: N/A Attn: Duane Roberts 13125 SW Hall Boulevard Tigard, OR 97223 REQUEST: The City of Tigard is requesting approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development.Code to allow Community Recreation as a Conditional Use within two specific overlay areas of the I-P, I-L and I-H zoning districts. These areas are proposed to include: (1.) land classified as floodplain on City flood maps, and (2.) land located outside the floodplain, when the Recreational use is temporary and does not preclude allowed uses or Conditional Uses other than recreation. LOCATION: Citywide. ZONES: I-P, I-L and I-H Zoning Districts. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1, 2, 5, 8 and 9; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 2.1.3, 3.5.1, 3.6.1 and 3.6.2; and Community Development Code Chapters 18.380, 18.390 and 18.530. THE PUBLIC HEARINGS ON THIS MATTER WILL BE HELD UNDER TITLE 18 AND THE RULES OF PROCEDURE ADOPTED BY THE COUNCIL AND AVAILABLE AT CITY HALL OR THE RULES OF PROCEDURE SET FORTH IN SECTION 18.390.060E. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 320 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. PUBLIC ORAL OR WRITTEN TESTIMONY IS INVITED. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARINGS, THE HEARING AUTHORITY WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER, OPEN THE PUBLIC HEARING, AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE HEARING AUTHORITY MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. THE PURPOSE OF THE PLANNING COMMISSION'S REVIEW IS TO MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE COUNCIL WILL THEN HOLD A PUBLIC HEARING ON THE REQUEST PRIOR TO MAKING A DECISION. S . ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT 'NO COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS (25 ) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER DUANE ROBERTS AT(503)639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. �iur _ a. �.. ".----'- r u �:.■—� •TVNIi ` \ lk - :0 " 1 -"I'011 1 .�- rte%'..mi1.IH:::_._ ■ ..n Z \/\:`✓ '�-J .'»3i:•11.1e1� ■1:■I=HIROM ... .....•,,sup.in»...w�._. '�1'. t:m� ,IF ms.-■Itr�P, aaw� I..y a•••• a■ P, N in L. �� • T 1 f III' 1'■ ■■ PI r.ut:nd % , 111!I.:Int.-111/1./� 1111■Rln.win !�:tt•••_an amnn.' p� E.��'t `, ' j› �� ' �A`Li.1 111-:1t■1 �:an.. `-.�w.��• v� _ ^v.� •�. Z i••:�1 �i r x ui II't a -��-u.aa.luuu,i.p',. . 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TIGARD,OR 97223 SEATTLE,WA 9810.1 2S113AB-00300 2S112AC-00700 AKERMAN RICH/WATHEY JAMES E BHK PROPERTIES LLC 16075 SW UPPER BOONES FERRY RD 14280 SW 72ND AVE TIGARD,OR 97224 TIGARD,OR 97224 2S 102AB-01902 2S 112AB-01000 ALLRED LIMITED PARTNERSHIP BIG T INVESTMENTS 9380 SW TIGARD ST ATTN:RICK TERRELL TIGARD,OR 97223 2314 SE PARKCREST AVE VANCOUVER,WA 98684 2S102BA-00901 2S112AB-01300 ALLRED LIMITED PARTNERSHIP& BONITA PACKAGING PRODUCTS ENGEL GEORGE L 7333 SW BONITA RD c/o REA KEN PORTLAND,OR 97223 PO BOX 230365 TIGARD,OR 97281 2S112AC-02400 2S112DC-01600 ALPHA LIMITED PARTNERSHIP BOWLES JOHN MARGARET 14725 SW 72ND 8986 SW ARAPAHO RD TIGARD,OR 97224 TUALATIN, OR 97062 1S13538-00501 2S1 12D B-00200 AMB PROPERTY L P BROOKS&PITTMAN RENTALS BY TRAMMELL CROW COMPANY 15255 SW 72ND AVE 8625 SW CASCADE AVE STE 500 PORTLAND, OR 97224 BEAVERTON,OR 97008 • 2S101BC-02100 2S113130-00600 ANNAND JOHN D II&EDNA N BURLINGTON NORTHERN INC 8260 SW HUNZIKER RD PROPERTY TAX DEPT TIGARD,OR 97223 1700 EAST GOLF RD SCHAUMBURG,IL 60173 • 2S 112AA-00300 2S 112AC-02300 ASGARD L L C C&C DEVELOPMENT Go GERBER LEGENDARY BLADES BY DELTA FIRE INC 14200 SW 72ND AVE PO BOX 4010 PORTLAND,OR 97223 TUALATIN,OR 97062 . -e& AVERY® Address Labels Laser 5161® Smooth Feed SheetsTM • • Use template for 5161® 2S102BA-0000 1S135BC-00500 CASTILE JAMES&AUDREY E E W ENTERPRISES LLC 8100 SW DURHAM RD 13705 SW FARMINGTON RD TIGARD,OR 97224 BEAVERTON, OR 97005 2S112DB-00400 2S101BD-00301 CATELLUS DEVELOPMENT CORPORATION EAST SIDE VAN&STORAGE ;NC PROPERTY TAX DEPARTMENT 4836 SE POWELL BLVD 201 MISSION ST PORTLAND,OR 97206 • SAN FRANCISCO,CA 94105 2S101DC-01100 2S102BA-01190 CBL ACQUISITION CORP ELKINS ALVIN S& 600 TRAVIS ST STE 5800 ELKINS ERNEST TRUSTEES HOUSTON,TX 77002 32224 SW BOONES BEND RD WILSONVILLE,OR 97070 2S112AA-01000 2S102BA-00501 CELTIC LEASING ELLIOTT JAMES R&SHERRY D 2061 BUSINESS CENTER DR#20 29979 SE HEIPLE RD IRVINE,CA 92612 EAGLE CREEK,OR 97022 2S 112AC-02100 2S 112AC-02700 CHAMBERLAIN-HUSSA PROPERTIES EMPIRE BATTERIES INC 18755 SW TETON PO BOX 23962 TUALATIN,OR 97062 TIGARD,OR 97223 2S10100-01202 2S 112AC-01200 COE MANUFACTURING COMPANY FANNO CREEK ACRES LLC PO BOX 520 26262 S MERIDIAN RD PAINESVILLE,OH 44077 AURORA,OR 97002 2S102BB-00100 2S10100-01200 CRESS SCOTT B AND DANA B FIELDS FRED W 9966 SW KATHERINE STREET 1149 SW DAVENPORT TIGARD,OR 97223 PORTLAND,OR 97201 2S 112AC-02200 2S 101 D D-00703 CROMBIE ALLEN P FINLANDIA BUSINESS PARK LLC GAROUTTE GENE L 14010-B SW 72ND AVE 632 CHARMAN ST PORTLAND,OR 97224 OREGON CITY,OR 97045 2S113AB-01600 2S102BB-00201 DUNCAN JOHN ARTHUR AND FLEMING PASQUALINA TRUSTEE JANICE LEE 10060 SW KATHERINE 7060 SW PALMER WAY TIGARD,OR 97223 BEAVERTON,OR 97007 2S 11380-00500 2S 112AB-00900 DURHAM II LLC FOUGHT AND COMPANY INC. 8100 SW DURHAM RD PO BOX 23759 TIGARD,OR 97244 TIGARD,OR 97223 AVERY® Address Labels Laser 51614) Smooth Feed SheetsTM • • Use template for 5161® 1 S 1358 B-00100 2S 112AC-01900 FOURIER GEORGE&JAN AND HHO&B ASSOCIATES LLC LARSON ALAN W TRUSTEE BY H&A CONSTRUCTION CO 349 W 71ST ST#1 PO BOX 23755 NEW YORK,NY 10023 TIGARD,OR 97281 1S 135CB-00400 2S 101 DC-00900 GABRIEL INVESTMENT LLC HICKETHIER LILLIAN M 10250 SW NORTH DAKOTA ST 9220 NW LOVEJOY TIGARD,OR 97223 PORTLAND,OR 97229 2S101 BD-00200 2S 112AB-00300 GAGE INDUSTRIES HICKS PRENTISS C PO BOX 1318 PO BOX 23633 LAKE OSWEGO,OR 97035 TIGARD,OR 97223 2S112AC-02000 2S112AC-00900 GEGA JOHN M& HORNEL INC LLC GEGA JOHN M& BY GALE NELSON ELIZABETH M PO BOX 159 1217 NW 25TH AURORA,OR 97002 PORTLAND,OR 97210 2S 112BA-05900 2S 112DB-00500 GOODHEAD DAVID&JAN M HUBBARD VIOLA I 14058 SW MILTON CT c/o INTERSTATE DEVELOPMENT LLC PORTLAND,OR 97224 15065 SW 74TH AVE PORTLAND,OR 97224 2S 102AB-01800 2S 112AC-01700 GREEN VALLEY DEVELOPMENT LLC INTERSTATE DEVELOPMENT LLC BY GARY HELMER 15065 SW 74TH AVE 10585 SW WALNUT ST PORTLAND,OR 97224 TIGARD,OR 97223 2S101BD-00103 2S101DD-00702 H G M CO J&K PROPERTIES CORP BY NORRIS BEGGS&SIMPSON 6900 SW SANDBURG RD ATTN:BLAKE HERING TIGARD,OR 97223 121 SW MORRISON#200 PORTLAND,OR 97204 2S 102BA-01100 2S112DC-01400 HAYS THOMAS R&LORI J JDS LLC& 12220 SW GRANT AVE SANTA FE INVESTORS#1 LLC TIGARD,OR 97223 CIO PACIFIC SANTA FE CORP 17700 SW UPPPER BOONES FERRY RD • PORTLAND,OR 97224 2S 101 DD-00300 2S10100-00701 HAYTER FAMILY LIMITED PARTNERSHI JEMPAK PARTNERS LLC 23643 SW STAFFORD HILLS DR 7034 SW 83RD AVE WEST LINN,OR 97068 PORTLAND,OR 97223 2S 112AD-00900 2S 113BA-00100 HD DEVELOPMENT OF MARYLAND INC JOHNSON FAMILY TRUST THE BY HOME DEPOT USA INC BY CARL H JOHNSON TR PROPERTY TAX DEPT 8965 SW BURNHAM ST PO BOX 105842 TIGARD,OR 97223 ATLANTA,GA 30348 , /I� AVERY® Address Labels Laser 5161® • Smooth Feed SheetsTM • • Use template for 5161® 2S112D13-0d800 2S101BC-02202 JOHNSON ORVAL D& LEACH DOUGLAS • REICHEL DAVID L 8430 SW HUNZIKER RD STE 200 15515 SW 74TH PORTLAND,OR 97223 TIGARD,OR 97223 1 S 135B C-01000 2S 101 D D-01000 KADEL RICHARD A LEEK GEORGE W 9350 SW TIGARD ST 1515 SE HAWTHORNE TIGARD,OR 97223 PORTLAND,OR 97214 2S1 12D D-00400 1 S 135CA-00700 KAUFMAN LOTTIE L& LILLY EDWARD B SUBOTNICK RUTH ET AL HOGAN JOSEPH E BY PACIFIC REALTY ASSOCIATES 5406 NE 71ST ST 15350 SW SEQUOIA PKWY#300-WMI VANCOUVER,WA 98661 PORTLAND,OR 97224 2S 101 B C-02401 2S 101 BD-00300 KING JAMES F LOSLI E HOWARD TRUSTEE AND 12650 SW HALL BOULEVARD SEABROOKE CAROL ET AL TIGARD,OR 97223 BY PERFORMANCE CONTRACTING INC 208 E WOODLAWN RD#200 CHARLOTTE, NC 28217 2S 101 B C-02700 2S 102DA-00100 KING JAMES F MAGNO LLC PO BOX 23819 8800 SW COMMERICAL ST TIGARD,OR 97223 TIGARD,OR 97223 2S101 BC-00100 1S1 35BA-03303 KNEZ JOHN S SR&JEANNE M MARX ERNEST L&BARBARA R 8185 SW HUNZIKER RD TRUST TIGARD,OR 97223 2140 VELOZ DR SANTA BARBARA,CA 93108 2S 101 BC-00101 2S 1 O2AB-01901 KNEZ REALTY GROUP LLC MAWHIRTER ARLIE L TR 8185 SW HUNZIKER RD Go DAVIDSON WILLIAM G&DIXIE L TIGARD,OR 97223 8915 SW COMMERCIAL TIGARD,OR 97223 1 S 135BA-02800 1 S 135C B-00700 LANPHERE ENTERPRISES INC MCCALL OIL ATTN:DOUG MEATH CHEMICAL CORPORATION 12520 SW CANYON RD 808 SW 15TH AVE BEAVERTON,OR 97005 PORTLAND,OR 97205 2S 102B B-00300 1 S 135CB-00600 LARSON MARLENE D MCCALL PROPERTIES INC PMB 330 808 SW 15TH AVE 16869 SW 65TH AVE PORTLAND,OR 97205 LAKE OSWEGO,OR 97035 2S 112DC-01300 2S 101 BC-02300 LARUSSO CONCRETE COMPANY INC MCCARTHY KELLY E&JANICE L 15930 SW 74TH AVE 12530 SW HALL BLVD • TIGARD,OR 97224 TIGARD,OR 97223 AVERY® Address Labels Laser 5161€ Smooth Feed SheetsTM • • Use template for 5161® 2S 101 D C-04602 2S112AC-00400 MCCORMACK PROPERTIES LP NATIONAL SAFETY CO 7190 SW SANDBURG ST BY HARRINGTON IND PLASTICS TIGARD,OR 97223 14480 YORBA CHINO, CA 91710 1 S 135C B-00300 1 S 135CB-00100 MERLO STATION PARTNERS NATIONAL SAFETY COMPANY PO BOX 2775 17010 SW WEIR RD TUALATIN,OR 97062 BEAVERTON,OR 97007 2S10100-01400 2S 101 D D-00401 METRO NORTHWEST MEDICAL TEAMS ATTN:APRIL OLBRICH INTERNATIONAL INC 600 NE GRAND AVE PO BOX 10 PORTLAND,OR 97232 PORTLAND,OR 97207 2S 113BA-00300 2S 112AD-01100 METZGER DAVID OBIE MEDIA CORP PO BOX 400 4211 W 11TH SHERWOOD,OR 97140 EUGENE,OR 97402 2S113BA-00200 2S113BA-00400 METZGER VENTURES LLC OPUS NORTHWEST LLC PO BOX 275 915 118TH AVE SE STE 300 SHERWOOD,OR 97140 BELLEVUE,WA 98005 2S 112DB-00600 1S 135C B-00800 MEYER DENNY G&NANCY L OREGON DEPT OF TRANSPORTATION 7340 SW LANDMARK LN R/W PROPERTY MANAGEMENT UNIT TIGARD,OR 97223 355 CAPITAL ST NE RM 411 SALEM, OR 97301 2S102BA-00900 2S113AD-01900 MORRIS SHIRLEY A&RAYMOND L PACIFIC REALTY ASSOCIATES 828 MAHAFFEY RD BY CP TAX SERVICES KELSO,WA 98626 1371 OAKLAND BLVD STE 200 WALNUT CREEK,CA 94596 2S 102BA-00600 2S1 12D D-01400 MULL GREGORY S AND PACIFIC REALTY ASSOCIATES MULL GEORGE E 500 108TH AVE NE 19350 SW POMONA DR P 0 BOX 3646 BEAVERTON,OR 97007 BELLEVUE,WA 98009 2S 112DC-01800 2S 113AA-00400 NADEAU ANDRE R TRUSTEE PACIFIC REALTY ASSOCIATES 7774 VLAHOS DR 15350 SW SEQUOIA PKWY#300-WMI WILSONVILLE,OR 97070 PORTLAND,OR 97224 2S112DC-01700 2S 101 BC-02501 NADEAU LINDA PALMER G LEWIS COMPANY 7409 SW LOCUST ST PO BOX 1041 TIGARD,OR 97223 CHESTERFIELD, MO 63006 VIA AVERY® Address Labels Laser 5161® Smooth Feed SheetsTM • • Use template for 5161® 2S 101 D D-01100 1 S 134AD-06200 PAPE'PROPERTIES INC ROBINSON CONSTANCE A& PO BOX 407 ROBINSON LYNN& BELL KAY ET AL EUGENE, OR 97440 BY ASSET TAX CONSULTING GROUP PO BOX 590773 SAN FRANCISCO, CA 94159 1S135B6-00200 1S135BC-01100 PARGAS OF PORTLAND INC ROBINSON FAMILY TRUST PO BOX 206 BY E LEE&EVELYN L ROBINSON TRS WHIPPANY, NJ 7981 15375 NW WEST UNION RD PORTLAND,OR 97229 1 S 135C B-00200 2S 112AD-00500 PASCUZZI INVESTMENT LLC ROGERS MACHINERY CO INC 10250 SW NORTH DAKOTA PO BOX 230429 TIGARD,OR 97223 PORTLAND,OR 97281 2S112AB-01100 2S112AD-00501 PIKE RICHARD G TRUSTEE ROGERS MACHINERY COMPANY 7235 SW BONITA RD INC TIGARD,OR 97224 PO BOX 230429 PORTLAND,OR 97281 2S101DD-00700 2S112AD-00600 PROGRESSIVE CASUALTY RYDER TRUCK RENTAL INC 1876 INSURANCE COMPANY BY PROPERTY TAX DEPARTMENT REAL ESTATE NOTIFICATIONS P 0 BOX 025719 PO BOX 89429 MIAMI, FL 33102 CLEVELAND,OH 44101 25 112AC-01801 1 S 134 D D-00102 RBJ INVESTMENTS LLC SCHAEFER DONALD M&MILYNN 0 PO BOX 23175 PO BOX 23697 TIGARD,OR 97281 TIGARD,OR 97281 2S102AB-01801 25102BA-00800 RISBERG K JOAN TRUSTEE SEE-ZER PROPERTIES 4210 IMPERIAL DR 14960 SW TUALATIN-SHERWOOD RD STE 1 WEST LINN,OR 97068 SHERWOOD,OR 97140 2S 112AC-01300 25101 BC-02800 RIVAS ERNEST AND ROSE SEVERSON JAMES A& ROBIN 0 14905 SW 74TH AVE 29404 SW HEATER RD PORTLAND,OR 97224 SHERWOOD,OR 97140 2S101BC-02201 2S112AB-02300 ROACH MICHAEL A AND PAMELA S SHEININ-MENDENHALL LLC I 956 WEST POINT RD BY PARROTT PARTNERHIP LAKE OSWEGO,OR 97034 12725 SW 66TH AVE#202 PORTLAND,OR 97223 2S 102BA-00400 2S 114AA-00300 ROBERTSON BERWYN A& INGEBURG H SHIPMAN W H LIMITED 17691 SW FREDERICK LN BY NORRIS&STEVENS SHERWOOD,OR 97140 520 SW 6TH AVE#400 PORTLAND,OR 1 AVERY® Address Labels Laser 5161© Smooth Feed SheetsTM • • Use template for 5161® 2S 112AC-01600 2S 112AB-01200 SKOURTES JOHN&JACKIE TENNANT INVESTORS 17010 SW WEIR RD PO BOX 1658 BEAVERTON,OR 97007 PORTLAND,OR 97207 2S112AD-00300 2S102BA-00302 SMETS JOHN E &MARIETTA D TRS TIGARD INDUSTRIAL LLC PO BOX 560 11336 SW BULL MOUNTAIN RD#103 AURORA,OR 97002 TIGARD,OR 97224 2S101BC-02500 2S101DD-00701 SMITH GERIG WESTERN PROPERTIES L TIGARD-TUALATIN SCHOOL PO BOX 930 DISTRICT 23J WILSONVILLE,OR 97070 ATTN: BUSINESS MANAGER 13137 SW PACIFIC HWY TIGARD,OR 97223 2S112DD-01900 2S112DD-00300 SOUTHERN PACIFIC TRANSPORTATION TIME OIL CO BY UNION PACIFIC RAILROAD CO P 0 BOX 24447 1700 FARNAM ST 10TH FLOOR SOUTH SEATTLE,WA 98124 OMAHA, NE 68102 2S112AB-00500 2S112BA-06000 SPEARING KENNETH M&HOLLY R& TRI-COUNTY INDUSTRIAL SPEARING DANIEL N&MOLLY A PARK INC 7300 SW LANDMARK LN 2106 SE OCHOCO ST PORTLAND,OR 97224 MILWAUKIE,OR 97222 2S 112AA-00900 2S112AC-01800 SPIEKER PROPERTIES LP TRUAX HARRIS ENERGY LLC 4380 SW MACADAM AVE STE 100 PO BOX 607 PORTLAND,OR 97201 WILSONVILLE,OR 97070 2S112DD-00500 2S112AB-00600 SUBOTNICK RUTH& TUFFORD PHYLLIS J TRUSTEE SIEGEL LOTTIE BY VERN TUFFORD BY PACIFIC REALTY ASSOC EASTSIDE VAN&STORAGE CO 15350 SW SEQUOIA PKWY#300-WMI - 4836 SE POWELL BLVD PORTLAND,OR 97224 PORTLAND,OR 97206 1 S 135B B-00100 2S114AA-00500 SUBURBAN PROPANE LP UNIFIED SEWERAGE AGENCY ATTN:CARL J REMMES OF WASHINGTON COUNTY 240 RT 10 W 150 N FIRST ST WHIPPANY, NJ 7981 HILLSBORO,OR 97123 2S112AB-00100 2S112AD-00700 SUMMIT PROPERTIES INC UNION CENTRAL LIFE 4444 NW YEON TREASURY SERVICES PORTLAND,OR 97210 ATTN:DIANE THOMAS PO BOX 888 CINCINNATI,OH 45240 2S 112AB-01600 1 S 135BC-00300 SUNDAY SCHOOL FELLOWSHIP UNITED STATES BAKERY PO BOX 324 PO BOX 14769 COLUMBIA CITY, OR 97018 PORTLAND,OR 97214 /I� AVERY® Address Labels Laser 5161® Smooth Feed SheetsTM + • Use template for 5161® 2S112AB-00200 WARNE MARJORY ETHEL 2917 SW WESTVIEW CIRCLE LAKE OSWEGO,OR 97034 • 2S 113AB-00100 WASHINGTON COUNTY do PACIFIC REALTY TRUST 15350 SW SEQUOIA PKWY#300-WMI PORTLAND,OR 97224 2S113AC-01200 WASHINGTON COUNTY FACILITIES MGMT-ADMIN 111 SE WASHINGTON ST HILLSBORO,OR 97124 1S135BC-01200 WASHINGTON SQUARE INC PO BOX 21545 SEATTLE,WA 98111 2S 101 DC-04601 WATUMULL PROPERTIES CORP 307 LEWERS ST#6FLR HONOLULU, HI 96815 2S 101 B C-00201 WESTEC AMERICA INC 8255 SW HUNZIKER TIGARD, OR 97223 2S112DB-00700 WESTERN UNITED LIFE ASSURANCE CO • do PETERSON DAVID E ET AL BY WPC LAND OIL&CATTLE CO 15245 SW 74TH AVE TIGARD,OR 97224 2S101BC-02900 WESTPHAL EDGAR A&PATRICE M 1811 NW 93RD PL PORTLAND,OR 97229 2S101BC-00103 WETLANDS CONSERVANCY INC THE PO BOX 1195 TUALATIN,OR 97062 2S 112AC-00100 WHITLATCH PHYLLIS IRENE TRUSTEE do DONNELLY THOMAS J 14529 SW 72ND AVE TIGARD,OR 97224 • AVERY® Address Labels Laser 5161® • • Ed & Fran Egan CITY OF TIGARD 14635 SW Bull Mountain Road WEST CIT SUBCOMMITTEE Tigard, OR 91224 UPDATEDtu7-Feb-01CIT West.doc Earl & Marilyn Elias Charlie & Larie Stalzer 13540 SW Village Glenn Drive 14181 SW Juliet Terrace Tigard, OR 97223 Tigard, OR 91224 Craig Minor Carolyn Mirich 14210 SW Windsong Court 15025 SW 141st Avenue Tigard, OR 91223 Tigard, OR 91224 Paul E. Owen Ellen Beilstein 10335 SW Highland Drive 14630 SW 139th Avenue Tigard, OR 91224 Tigard, OR 91224 Beverly Froude Kevin Hogan 12200 SW Bull Mountain Road 11945 SW Morning Hill Drive Tigard, OR 91224 Tigard, OR 91223 Craig Smelter Bonnie Bishop 14900 SW 103`d Avenue 11341 SW Springwood Drive, #40 Tigard, OR 91224 Tigard, OR 91223 Joan Best Karen Elings 10705 SW Murdock Lane, #F2 11542 SW Woodlawn Court Tigard, OR 97224 Tigard, OR 91223 Kathy Palmer do John Tigard House Barry Albertson 14260 SW High Tor Drive 15445 SW 150th Avenue Tigard, OR 91224 Tigard, OR 91224 Jeanette Phelps 15305 SW Bull Mountain Road Tigard, OR 97224 Jack Biethan 11043 SW Summerfield Drive, Apt. #3 Tigard, OR 91224-3316 • • Sally Christensen CITY OF TIGARD 15685 SW 16th Avenue SOUTH CIT SUBCOMMITTEE Tigard, OR 91224 is\curpin\setup\labels\CIT South.doc UPDATED: 7-Nov-00 Mary Ann Melvin Kristen Miller 10395 SW Bonanza Way 8940 SW Edgewood Street Tigard, OR 97224 Tigard, OR 97223 Stephen Bicker Bill Finck 14235 SW 97th Avenue 9235 SW Mountain View Lane Tigard, OR 91224 Tigard, OR 91224 • Mark Bogert Craig Dirksen 14445 SW 100th Avenue 9131 SW Hill Street Tigard, OR 91224 Tigard, OR 91223 Twyla Brady Paul Owen 9360 SW Edgewood Street 10335 SW Highland Tigard, OR 91223 Tigard, OR 97224 • Debra Muir Rick Boyce 1 5065 SW 79th Avenue 1800 SW Bond Tigard, OR 91224 Tigard, OR 97224 Sue Siebold Bob Oleson 15314 SW Thurston Lane 9023 SW Reiling Tigard, OR 91224 Tigard, OR 91224 Tim Esav Stacie Yost PO Box 230695 8465 SW Langtree Tigard, OR 91281 Tigard, OR 97224 Jack Biethan 11043 SW Summerfield Drive, Apt. #3 Tigard, OR 97224-3316 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 • • Naomi Gallucci CITY OF TIGARD 11285 SW 18th Avenue EAST CIT SUBCOMMITTEE Tigard, OR 91223 is\curpin\setup\labels\CIT East.doc UPDATED: 29-Sept-00 Sue Rorman 11250 SW 82nd Avenue Tigard, OR 97223 John Snyder 11100 SW 82nd Avenue Tigard, OR 91223 Jack Biethan 11043 SW Summerfield Drive, Apt. 3 Tigard, OR 91224-3316 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Jim Petersen 10815 SW 74th Avenue Tigard, OR 97223 Dieter Jacobs 7175 SW Spruce Street Tigard, OR 91223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 91223 . • • Debra Seeman CITY OF TIGARD 13312 SW Clearview Way CENTRAL CIT SUBCOMMITTEE Tigard, OR 91223 Mary Skelton 10355 SW Walnut Street I:\curpin\setup\labels\CIT Central.doc UPDATED: 9-Jan-01 Tigard, OR 91223 Kathleen Anderson 12132 SW Lansdowne Lane • Tigard, OR 91223 Jack Biethan 11043 SW Summerfield Drive,Apt. #3 Tigard, OR 91224-3316 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 91223 Suzanne Riles 13215 SW Genesis Loop Tigard, OR 91223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Mary Lindquist 11565 SW Walnut Street Tigard, OR 97223 Christine Garsteck 11174 SW 125th Court Tigard, OR 91223 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE(503)684-0360 Notice TT 9852 BEAVERTON,OREGON 97075 Legal Notice Advertising r,. , Q 201 • City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. • m igard,Oregon 97223 • ❑ Duplicate Affidavit Accounts Payable • • AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. I, Kathy Snyrior Notice is hereby given that the following will be considered by the being first duly sworn, depose and say that I am the Advertising Tigard Planning Commission on Monday,April 16,2001,and by the Director, or his principal clerk, of the T i cga rd–'r,iala t in Ti Tigard City Council on Tuesday,May 8,2001: The hearings will be a newspaper of general circulation as defined in ORS 193.010 held`at 7:30 PM in the Town Hall of the Tigard Civic Center at 13125 and 193.020; published at Ti me'a in the SW Hall Boulevard,Tigard,Oregon. aforesaid county and state; that the Public oral or written testimony is invited. The public hearings on this Puh 7 i c- HP a r i ng/ OA 2 0 0 0–0 0 0 0 5 matter will be held under Title 18 and rules of procedure adopted by the '' a printed copy of which is hereto annexed, was published in the Council and available at City Hall or the rules of procedure set forth in entire issue of said newspaper for 0 1E successive and Section 18.390.060E. The Commission's review is for the purpose of making a recommendation to the City Council on the request. The consecutive in the following issues: Council will also conduct a hearing on the request prior to making a decision. r.larch 2 9 , 2 0 01 Further information may be obtained from the City of Tigard Planning Division at 13125 SW Hall Blvd.,Tigard, Oregon 97223,or by calling 503-639-4171. PUBLIC HEARING--ITEM: �- ' ` ZONE ORDINANCE AMENDMENT-[ZOA11000:00005 • `; �� At ,,/l \.----- `>CODE AMENDMENT TO-ALLOW'----� N COMMUNITY RECREATION AS A CONDITIONAL USE Subscribed and sworn to • =f.re me this qt-h day of I'.1a rch WITHIN INDUSTRIAL ZONING DISTRICTS< REQUEST: The City of Tigard is requesting approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Lt. AKA, Development Code to allow Community Recreation as a Conditional Use Not' Public for Oregon within two specific overlay areas of the I-P,I-L and I-H zoning districts. My Commission Expires: These areas are proposed to include: (1.) land classified as floodplain on City flood maps and (2.) land located outside the floodplain when the AFFIDAVIT Recreational use is temporary and does not preclude allowed uses or Conditional Uses other than recreation.LOCATION: Citywide.ZONES: I-P, I-L and I-H. APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1,2,5, 8 and 9;Comprehensive Plan Policies 1.1.1,2.1.1, 2.1.2,2.1.3,3.5.1., 3.6.1. and 3.6.2; and Community Development Code Chapters 18.380, 18.390 and 18,530. TT9852-Publish March 29,2001. • • • • AFFIDAVIT OF MAILING CITY OF TIG ARD Community Development Shaping A Better Community STATE OE OREGON- ) County of Washington )ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: © NOTICE OF PROPOSED AMENDMENT FOR:�� J0A2000-00005/CODE AMENDMENT TO ALLOW COMMUNITY RECREATION AS A CONDITIONAL USE WITHIN INDUSTRIAL ZONING DISTRICTS (File NoJName Reference) ❑ NOTICE OF ADOPTION FOR: (File NoJName Reference) (Date of Public Hearing) 0 NOTICE OF WITHDRAW/DENIAL FOR: (File NoJName Reference) (Date of Public Hearing) Notice was mailed via US Certified Mail to the following agencies: El OREGON DLCD 0 METRO El ODOT-REGION 1,DISTRICT 2-A ATTENTION: PLAN AMENDMENT SPECIALIST 600 NE GRAND AVENUE JANE ESTES,PERMIT SPECIALIST 635 CAPITOL STREET NE,SUITE 150 PORTLAND,OR 97232-2736 5440 SW WESTGATE DR.,SUITE 350 SALEM,OR 97301-2540 PORTLAND,OR 97221-2414 A copy of the Notice of which is attached, marked Exhibit "A", was deposited in the United States Mail on February 28. 2001 postage prepaid. . Alb OA. (Pers.a --t red I oticer)/ Subscribed and sworn/affirmed before me on the /� v� Vday of (----ni2tef , 2001. • W 2. OFFICIAL SEAL DIANE M JELDERKS \• NOTARY PUBLIC OREGON � COMMISSION NO.326578 \/' /J 4 MY COMMISSION EXPIRES SEPT.07,2003 NOTARY PUBLIC OF CON My Commission Expires: 9`7 43 Form 1 • • EXHIBIT A DLCD NOTICE OF PROPOSED AMEND NT This form must be received by DLCD at least 45 days prior to the first evide tiia a • per ORS 197.610, OAR Chapter 660 - Division 18 and Senate Bill 543 and effective on June 30, 1999 �J (See reverse side for submittal requirements) Jurisdiction: City of Tigard Local File No.: ZOA2000-00005 (If no number,use none) Date of First Evidentiary Hearing: 4/16/2001 Date of Final Hearing: 5/8/2001 (Must be filled in) (Must be filled in) Date this proposal was sent or mailed: February 28. 2001 (47 days) (Date mailed or sent to DLCD) Has this proposal been submitted to DLCD? Yes X No Date: N/A _ Comprehensive Plan Text Amendment _ Comprehensive Plan Map Amendment X Land Use Regulation Amendment _ Zoning Map Amendment New Land Use Regulation _ Other: (Please Specify Type of Action) Briefly summarize the proposal. Do not use technical terms. Do not write "See Attached." The City of Tigard is requesting approval of a Zone Ordinance Amendment to amend Table 18.520.1 of the Community Development Code to allow Community Recreation Use as a Conditional Use within two specific overlay areas of the I-P. 1-L and I-H zoning districts. These areas are proposed to include land classified as floodplain on City flood maps and/or land located outside the floodplain when the Recreational use is temporary and does not preclude allowed uses or Conditional uses other than recreation. Plan Map Change from: N/A to N/A Zone Map Change from: N/A to N/A Location: Citywide Acres Involved: N/A Specified change in Density: Current: N/A Proposed: N/A Applicable Statewide Planning Goals: 1. 2. 5. 8 and 9 Is an Exception proposed?_Yes X No Affected State or Federal Agencies, Local Governments or Special Districts: DLCD. Metro and ODOT Local Contact: Duane Roberts Area Code + Phone Number: (503) 639-4171 Address: 13125 SW Hall Boulevard City: Tigard. OR Zip Code + 4: 97223-8189 DLCD No.: Form1 • SUBMITTAL REQUIREMENTS This form must be received by DLCD at least 45 days prior to the first evidentiary hearing per ORS 197.610,OAR Chapter 660-Division 18 and Senate Bill 543 and effective on June 30, 1999. 1. Send this Form and Two (2) Copies of the Proposed Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITAL STREET NE,SUITE 150 SALEM, OREGON 97301-2540 COPIES TO: Metro Land Use & Planning 600 NE Grand Avenue Portland, OR 97232-2736 ODOT— Region 1, District 2-A Jane Estes, Permit Specialist 5440 SW Westgate Drive, Suite 3 Portland, OR 97221-2414 2. Unless exempt by ORS 197.610 (2), proposed amendments must be received at the DLCD's SALEM OFFICE at least FORTY-FIVE (45) before the first evidentiary hearing on the proposal. The first evidentiary hearing is usually the first public hearing held by the jurisdiction's planning commission on the proposal. 3. Submittal of proposed amendments shall include the text of the amendment and any other information the local government believes is necessary to advise DLCD of the proposal. "Text" means the specific language being added to or deleted from the acknowledged plan or land use regulations. A general description of the proposal is not adequate. 4. Submittal of proposed "map" amendments must include a map of the affected area showing existing and proposed plan and zone designations. The map should be on 8 1/2 x 11 inch paper. A legal description, tax account number, address or general description is not adequate. 5. Submittal of proposed amendments which involve a goal exception must include the proposed language of the exception. 6. Need More Copies? You can copy this form on to 8-1/2x11 green paper only8-1/2x11 green paper only; or call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or email your request to Larry.French @state.or.us — ATTENTION: PLAN AMENDMENT SPECIALIST. • • CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Planning Division FROM: Duane Roberts DATE: 02/21/01 SUBJECT: Applicant's Statement Zone Ordinance Amendment (ZOA) 2000-00005 REQUEST: The City of Tigard, as applicant, requests approval of a Zone Ordinance Amendment to amend Table 18.530.1 of the Community Development Code to allow Community Recreation as a Conditional Use within specific overlay areas of the I-P, I-L, and I-H zoning districts. These overlay areas are proposed to include two types: (1) land classified as floodplain on City flood maps, when the Recreational Use does not otherwise preclude future cut and fill as needed to develop adjoining industrially zoned upland, and (2) land located outside the floodplain as shown on City floodplain maps, when the Recreational use is temporary and does not otherwise preclude allowed uses or other Conditional Uses within the zoning district. STATEMENT: The Tigard Community Development Code (CDC) currently prohibits the Community Recreation Use within the I-P, I-L, and I-H zoning districts. The present request is to amend the community development code to allow outdoor Community Recreation as a Conditional Use within all three zoning districts. Recreational Uses are proposed to be limited in terms of either location or duration through the establishment of two circumstances. One circumstance would include land classified as floodplain on City flood maps. Outdoor recreation would be allowed in this instance provided it did not otherwise preclude balanced cut and fill as needed (and permit approval obtained) to develop an adjoining industrially zoned property. An example of a Recreational Use under this circumstance would be the establishment of an open play area on City-owned land located entirely within the 100-year floodplain of an area zoned for Light Industrial development. The second circumstance would include land located outside the floodplain as shown on City floodplain maps. Outdoor recreation would be allowed as a Conditional Use in this case only when the recreational use did not preclude allowed uses or Conditional Uses other than outdoor recreation. The Recreational Use would be temporary. It would be allowed to continue until such time as the conversion of the property to an allowed or • • . conditional use other than recreation occurred. An example of such a Recreational Use would be the establishment and operation of a public dog off-leash area on vacant industrial property under a revocable lease agreement until the property were needed by the lease holder for the - expansion of an existing industrial operation or sold for other industrial development. No changes to existing CDC regulations pertaining to floodplain protection are proposed. According to the Tigard Comprehensive Plan, the present restrictions on unrelated uses within commercial and industrial zoning districts are intended to protect the land within these districts for uses that provide employment opportunities for City residents and improve the City economic base. The main justification for the proposed amendment is that allowing Community Recreation within the proposed overlay areas would enhance and improve the city's livability, but at the same time would have no appreciable impact on the supply of land available for industrial development. The latter is true for two reasons. First, the current code prohibits industrial development within the 100-year floodplain. An exception to this prohibition is that balanced cut and fill is allowed. Under the proposed amendment, floodplain could be used for outdoor recreation only when such use did not otherwise preclude future balanced cut and fill as needed (and permit approval obtained) to develop an adjoining industrially zoned property. Second, under the proposed amendment, land developed for an outdoor recreational use outside the floodplain would not be removed from the inventory of industrially designated land, but would continue to be available for conversion to industrial use as market conditions dictated. Another justification for this change is that since 1996 the City has imposed a fee on new commercial and industrial development, i.e., $49 per employee. According to the 1996 Park System Development Charge (SDC) study, commercial and industrial development contributes an annual average of some $40,000 to the Park SDC Fund. The rationale for this fee is that the employees of Tigard-based businesses spend a portion of their time in the City using local recreational facilities. Prohibiting Recreational Uses within commercial and industrial zones, while at the same time charging such development for its impact on the demand for parks, unnecessarily and unreasonably limits the potential supply of nearby recreational opportunities available to the employees of local businesses. In conclusion, the supply of land available for recreational uses is dwindling, while land prices are at an all-time high. The proposed changes would make lower priced (1) environmentally constrained and (2) undeveloped commercially and industrially zoned land available to meet the outdoor recreational needs of local residents and employees. At the same time, the City's inventory of commercial and industrial land would not be threatened. I/Irpn/dr/zoa.dogs • • TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living •N N N Transitional Housing N N N Home Occupation N N N CIVIC (INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community'Recreation ° . _:CNio.;. CNio. CNio Cultural Institutions N N N Day Care R3 9 R3 9 R3 9 Emergency Services P P P Medical Centers N N N Postal Service P P P Public Support Facilities P P P Religious Institutions N N N Schools N N N Social/Fraternal Clubs/Lodges N N N COMMERCIAL Commercial Lodging P N N Eating and Drinking Establishments R2 N N Entertainment-Oriented - Major Event Entertainment N N N - Outdoor Entertainment P N . N - Indoor Entertainment P N N - Adult Entertainment N N N General Retail - Sales-Oriented R2 N N - Personal Services R2 N N - Repair-Oriented P N N - Bulk Sales N N N - Outdoor Sales N P P - Animal-Related P P P Motor Vehicle Related - Motor Vehicle Sales/Rental N P P - Motor Vehicle Servicing/Repair C P P - Vehicle Fuel Sales P P/C' P Office P N N Self-Service Storage P P P Non-Accessory Parking P P P ■ • • TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H INDUSTRIAL Industrial Services N P P Manufacturing and Production - Light Industrial P P P - General Industrial N P P - Heavy Industrial N N P • Railroad Yards N N P Research and Development P P P Warehouse/Freight Movement N P P Waste-Related N N P Wholesale Sales R4 P P OTHER Agriculture/Horticulture P5 P5 P5 Cemeteries N C N Detention Facilities C N C Heliports C C C Mining N N P Wireless Communication Facilities P/R6 P P Rail Lines/Utility Corridors P P P Other NA NA P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted 'A single-family detached dwelling or single-family mobile or manufactured home allowed for caretaker or kennel owner/operator when located on the same lot as the permitted use and is exclusively occupied by the caretaker or kennel owner/operator and family. 'These limited uses, separately or in combination, may not exceed 20% of the entire square footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 3In-home day care which meets all state requirements permitted by right. 4Permitted if all activities, except employee and customer parking, are wholly contained with a building(s). 'When an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or provided use of a fenced run within 100 feet of any nearby residence except a dwelling on the same lot. 6See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I-P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. • • • 8Explosive storage permitted outright subject to regulations of Uniform Fire Code. 9Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.I. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. ioLimited to outdoor Recreation on (1.) land classified as floodplain on City flood maps, when the recreational use does not otherwise preclude future cut and fill as needed in order to develop ,adjoining industrially zoned upland; and (2.) land located outside the floodplain as shown on City -flood maps, when the Recreation Use is temporary and does not otherwise preclude allowed uses or Conditional Uses other than Recreation within the district. f I/lrpn/zoa.table 18.530.1 • • • • • • n.�.r.�■:1111.---Q- t •••• ... rrau;.v... ,--�'-_ ,.( r�t■It�/, �;iL ��GtIHI.„• r!■uy ■al■i�Ix lla t Cl_ p�y '5 CITY o f T I G A R D • f j�� m•.. �.11� 9■•U �.-.�- .. 11:11111•.:; c1• � tIE �..0 . •? 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Use template for 5161® 2S112DC-01500 2S112AD-01200 74TH AVENUE INDUSTRIAL PARK LLC ATIYEH BROS INC 8100 SW DURHAM RD 800 SW WASHINGTON ST TIGARD,OR 97224 PORTLAND, OR 97205 • 2S101DD-00800 2S113AB-00700 ACKERLY COMMUNICATIONS OF B&R INVESTMENTS THE NORTHWEST INC 16255 SW UPPER BOONES FERRY RD 3601 6TH AVE S TIGARD,OR 97224 SEATTLE,WA 98134 2S101BD-00105 2S101BD-00101 AK FLORIDA OUTDOOR INC B R&G CO LLC BY THE ACKERLEY GROUP INC PO BOX 23009 1301 5TH AVE STE 4000 TIGARD,OR 97223 SEATTLE,WA 98101 2S113A8-00300 2S112AC-00700 AKERMAN RICH/WATHEY JAMES E BHK PROPERTIES LLC 16075 SW UPPER BOONES FERRY RD 14280 SW 72ND AVE TIGARD,OR 97224 TIGARD,OR 97224 2S102AB-01902 2S112AB-01000 ALLRED LIMITED PARTNERSHIP BIG T INVESTMENTS 9380 SW TIGARD ST ATTN: RICK TERRELL TIGARD,OR 97223 2314 SE PARKCREST AVE VANCOUVER,WA 98684 2S102BA-00901 2S112AB-01300 ALLRED LIMITED PARTNERSHIP& BONITA PACKAGING PRODUCTS ENGEL GEORGE L 7333 SW BONITA RD do REA KEN PORTLAND, OR 97223 PO BOX 230365 TIGARD,OR 97281 2S112AC-02400 2S112DC-01600 ALPHA LIMITED PARTNERSHIP BOWLES JOHN MARGARET 14725 SW 72ND 8986 SW ARAPAHO RD TIGARD,OR 97224 TUALATIN,OR 97062 1S135BB-00501 2S1120B-00200 AMB PROPERTY L P BROOKS& PITTMAN RENTALS BY TRAMMELL CROW COMPANY 15255 SW 72ND AVE 8625 SW CASCADE AVE STE 500 PORTLAND, OR 97224 BEAVERTON,OR 97008 2S 101 BC-02100 2S 113B0-00600 ANNAND JOHN D II&EDNA N BURLINGTON NORTHERN INC • 8260 SW HUNZIKER RD PROPERTY TAX DEPT TIGARD,OR 97223 1700 EAST GOLF RD SCHAUMBURG, IL 60173 2S 112AA-00300 2S 112AC-02300 ASGARD L L C C&C DEVELOPMENT Go GERBER LEGENDARY BLADES BY DELTA FIRE INC 14200 SW 72ND AVE PO BOX 4010 PORTLAND,OR 97223 TUALATIN,OR 97062 AVERY® Address Labels Laser 5161® Smooth Feed SheetsT" • • Use template for 5161® 2S 102BA-00500 1S1 35B C-00500 CASTILE JAMES&AUDREY E E W ENTERPRISES LLC 8100 SW DURHAM RD 13705 SW FARMINGTON RD TIGARD,OR 97224 BEAVERTON,OR 97005 2S112D8-00400 2S101BD-00301 CATELLUS DEVELOPMENT CORPORATION EAST SIDE VAN&STORAGE INC PROPERTY TAX DEPARTMENT 4836 SE POWELL BLVD 201 MISSION ST PORTLAND,OR 97206 SAN FRANCISCO,CA 94105 2S101DC-01100 2S102BA-01190 CBL ACQUISITION CORP ELKINS ALVIN S& 600 TRAVIS ST STE 5800 ELKINS ERNEST TRUSTEES HOUSTON,TX 77002 32224 SW BOONES BEND RD WILSONVILLE,OR 97070 2S112AA-01000 2S102BA-00501 CELTIC LEASING ELLIOTT JAMES R&SHERRY D 2061 BUSINESS CENTER DR#20 29979 SE HEIPLE RD IRVINE,CA 92612 EAGLE CREEK,OR 97022 2S112AC-02100 2S112AC-02700 CHAMBERLAIN-HUSSA PROPERTIES EMPIRE BATTERIES INC 18755 SW TETON PO BOX 23962 TUALATIN,OR 97062 TIGARD,OR 97223 2S10100-01202 2S112AC-01200 COE MANUFACTURING COMPANY FANNO CREEK ACRES LLC PO BOX 520 26262 S MERIDIAN RD PAINESVILLE,OH 44077 AURORA,OR 97002 2S102BB-00100 2S10100-01200 CRESS SCOTT B AND DANA B FIELDS FRED W 9966 SW KATHERINE STREET 1149 SW DAVENPORT• TIGARD,OR 97223 PORTLAND,OR 97201 2S 112AC-02200 2S 101 D D-00703 CROMBIE ALLEN P FINLANDIA BUSINESS PARK LLC GAROUTTE GENE L 14010-B SW 72ND AVE 632 CHARMAN ST PORTLAND,OR 97224 OREGON CITY,OR 97045 2S113AB-01600 2S102BB-00201 DUNCAN JOHN ARTHUR AND FLEMING PASQUALINA TRUSTEE JANICE LEE 10060 SW KATHERINE 7060 SW PALMER WAY TIGARD,OR 97223 BEAVERTON,OR 97007 2S113B0-00500 2S112AB-00900 DURHAM II LLC FOUGHT AND COMPANY INC. 8100 SW DURHAM RD • PO BOX 23759 TIGARD,OR 97244 TIGARD,OR 97223 AVERY® Address Labels Laser 5161® Smooth Feed SheetsTM • • Use template for 5161® 1S135BB-00700 2S112AC-01900 FOURIER GEORGE&JAN AND HHO&B ASSOCIATES LLC LARSON ALAN W TRUSTEE BY H&A CONSTRUCTION CO 349 W 71ST ST#1 PO BOX 23755 NEW YORK,NY 10023 TIGARD,OR 97281 1 S 135CB-00400 2S1 01 DC-00900 GABRIEL INVESTMENT LLC HICKETHIER LILLIAN M 10250 SW NORTH DAKOTA ST 9220 NW LOVEJOY TIGARD,OR 97223 PORTLAND,OR 97229 25101 BD-00200 2S112AB-00300 GAGE INDUSTRIES HICKS PRENTISS C PO BOX 1318 PO BOX 23633 LAKE OSWEGO,OR 97035 TIGARD,OR 97223 2S 112AC-02000 2S 112AC-00900 GEGA JOHN M& HORNEL INC LLC GEGA JOHN M& BY GALE NELSON ELIZABETH M PO BOX 159 1217 NW 25TH AURORA,OR 97002 PORTLAND,OR 97210 2S112BA-05900 2S112DB-00500 GOODHEAD DAVID&JAN M HUBBARD VIOLA I 14058 SW MILTON CT do INTERSTATE DEVELOPMENT LLC PORTLAND,OR 97224 15065 SW 74TH AVE PORTLAND,OR 97224 2S102AB-01800 2S112AC-01700 GREEN VALLEY DEVELOPMENT LLC INTERSTATE DEVELOPMENT LLC BY GARY HELMER 15065 SW 74TH AVE 10585 SW WALNUT ST PORTLAND, OR 97224 TIGARD,OR 97223 2S 101 B D-00103 2S 101 D D-00702 H G M CO J&K PROPERTIES CORP BY NORRIS BEGGS&SIMPSON 6900 SW SANDBURG RD ATTN:BLAKE HERING TIGARD,OR 97223 121 SW MORRISON#200 - PORTLAND,OR 97204 2S 1023A-01100 2S112DC-01400 HAYS THOMAS R&LORI J JDS LLC& 12220 SW GRANT AVE SANTA FE INVESTORS#1 LLC TIGARD,OR 97223 C/O PACIFIC SANTA FE CORP 17700 SW UPPPER BOONES FERRY RD PORTLAND, OR 97224 2S101DD-00300 2S10100-00701 HAYTER FAMILY LIMITED PARTNERSHI JEMPAK PARTNERS LLC 23643 SW STAFFORD HILLS DR 7034 SW 83RD AVE WEST LINN,OR 97068 PORTLAND,OR 97223 2S 112AD-00900 2S 113BA-00100 HD DEVELOPMENT OF MARYLAND INC JOHNSON FAMILY TRUST THE BY HOME DEPOT USA INC BY CARL H JOHNSON TR PROPERTY TAX DEPT 8965 SW BURNHAM ST PO BOX 105842 TIGARD,OR 97223 ATLANTA,GA 30348 r441 AVERY® Address Labels Laser 5161® Smooth Feed SheetsTM • • Use template for 5161® 2S 112DB-00800 2S 101 B C-02202 JOHNSON ORVAL D& LEACH DOUGLAS • REICHEL DAVID L 8430 SW HUNZIKER RD STE 200 15515 SW 74TH PORTLAND,OR 97223 TIGARD,OR 97223 1S135BC-01000 2S101DD-01000 KADEL RICHARD A LEEK GEORGE W 9350 SW TIGARD ST 1515 SE HAWTHORNE TIGARD,OR 97223 PORTLAND,OR 97214 2S 112D D-00400. 1 S 135CA-00700 KAUFMAN LOTTIE L& LILLY EDWARD B SUBOTNICK RUTH ET AL HOGAN JOSEPH E BY PACIFIC REALTY ASSOCIATES 5406 NE 71ST ST 15350 SW SEQUOIA PKWY#300-WMI VANCOUVER,WA 98661 PORTLAND,OR 97224 2S 101 BC-02401 2S101 BD-00300 KING JAMES F LOSLI E HOWARD TRUSTEE AND 12650 SW HALL BOULEVARD SEABROOKE CAROL ET AL • TIGARD,OR 97223 BY PERFORMANCE CONTRACTING INC 208 E WOODLAWN RD#200 CHARLOTTE, NC 28217 2S101BC-02700 2S102DA-00100 KING JAMES F MAGNO LLC PO BOX 23819 8800 SW COMMERICAL ST TIGARD,OR 97223 TIGARD,OR 97223 2S101BC-00100 1S135BA-03303 KNEZ JOHNS SR&JEANNE M MARX ERNEST L&BARBARA R 8185 SW HUNZIKER RD TRUST TIGARD,OR 97223 2140 VELOZ DR SANTA BARBARA,CA 93108 2S101BC-00101 2S102AB-01901 KNEZ REALTY GROUP LLC • MAWHIRTER ARLIE L TR 8185 SW HUNZIKER RD c/o DAVIDSON WILLIAM G&DIXIE L TIGARD,OR 97223 8915 SW COMMERCIAL TIGARD,OR 97223 1S1 35BA-02800 1 S 135CB-00700 LANPHERE ENTERPRISES INC MCCALL OIL ATTN:DOUG MEATH CHEMICAL CORPORATION 12520 SW CANYON RD 808 SW 15TH AVE BEAVERTON,OR 97005 PORTLAND,OR 97205 2S 102BB-00300 1 S 135CB-00600 LARSON MARLENE D MCCALL PROPERTIES INC PMB 330 808 SW 15TH AVE 16869 SW 65TH AVE PORTLAND,OR 97205 LAKE OSWEGO,OR 97035 • 2S 112DC-01300 2S 101 BC-02300 LARUSSO CONCRETE COMPANY INC MCCARTHY KELLY E&JANICE L 15930 SW 74TH AVE 12530 SW HALL BLVD TIGARD,OR 97224 TIGARD,OR 97223 AVERY® Address Labels Laser 5161® Smooth Feed SheetsTM • • Use template for 5161® 2S 101 D C-04602 2S112AC-00400 MCCORMACK PROPERTIES LP NATIONAL SAFETY CO 7190 SW SANDBURG ST BY HARRINGTON IND PLASTICS TIGARD,OR 97223 14480 YORBA CHINO,CA 91710 1 S 135CB-00300 1S1 35CB-00100 MERLO STATION PARTNERS NATIONAL SAFETY COMPANY PO BOX 2775 17010 SW WEIR RD TUALATIN,OR 97062 BEAVERTON,OR 97007 2S10100-01400 2S 101 DD-00401 METRO NORTHWEST MEDICAL TEAMS ATTN:APRIL OLBRICH INTERNATIONAL INC 600 NE GRAND AVE PO BOX 10 PORTLAND,OR 97232 PORTLAND,OR 97207 2S113BA-00300 2S112AD-01100 METZGER DAVID OBIE MEDIA CORP PO BOX 400 4211 W 11TH SHERWOOD,OR 97140 EUGENE,OR 97402 2S113BA-00200 2S113BA-00400 METZGER VENTURES LLC OPUS NORTHWEST LLC PO BOX 275 915 118TH AVE SE STE 300 SHERWOOD,OR 97140 BELLEVUE,WA 98005 2S 112DB-00600 1S 135CB-00800 MEYER DENNY G&NANCY L OREGON DEPT OF TRANSPORTATION 7340 SW LANDMARK LN R/W PROPERTY MANAGEMENT UNIT TIGARD,OR 97223 355 CAPITAL ST NE RM 411 SALEM, OR 97301 2S102BA-00900 2S113AD-01900 MORRIS SHIRLEY A&RAYMOND L PACIFIC REALTY ASSOCIATES 828 MAHAFFEY RD BY CP TAX SERVICES KELSO,WA 98626 1371 OAKLAND BLVD STE 200 WALNUT CREEK,CA 94596 2S102BA-00600 2S1120D-01400 MULL GREGORY S AND PACIFIC REALTY ASSOCIATES MULL GEORGE E 500 108TH AVE NE 19350 SW POMONA DR P 0 BOX 3646 • BEAVERTON,OR 97007 BELLEVUE,WA 98009 25 112DC-01800 2S 113AA-00400 NADEAU ANDRE R TRUSTEE PACIFIC REALTY ASSOCIATES • 7774 VLAHOS DR 15350 SW SEQUOIA PKWY#300-WMI WILSONVILLE,OR 97070 PORTLAND,OR 97224 • 2S112DC-01700 2S 101 BC-02501 NADEAU LINDA PALMER G LEWIS COMPANY 7409 SW LOCUST ST PO BOX 1041 TIGARD,OR 97223 CHESTERFIELD,MO 63006 nAVERY® Address Labels Laser 5161® Smooth Feed SheetsTM • • Use template for 5161® 2S 101 DD-01100 1S 134A0-06200 PAPE'PROPERTIES INC ROBINSON CONSTANCE A& PO BOX 407 ROBINSON LYNN&BELL KAY ET AL • EUGENE,OR 97440 BY ASSET TAX CONSULTING GROUP PO BOX 590773 SAN FRANCISCO, CA 94159 1 S 1358 B-00200 1 S 1358 C-01100 PARGAS OF PORTLAND INC ROBINSON FAMILY TRUST PO BOX 206 BY E LEE&EVELYN L ROBINSON TRS WHIPPANY, NJ 7981 15375 NW WEST UNION RD PORTLAND,OR 97229 1S135CB-00200 2S112AD-00500 PASCUZZI INVESTMENT LLC ROGERS MACHINERY CO INC 10250 SW NORTH DAKOTA PO BOX 230429 TIGARD,OR 97223 PORTLAND,OR 97281 2S112AB-01100 2S112AD-00501 PIKE RICHARD G TRUSTEE ROGERS MACHINERY COMPANY 7235 SW BONITA RD INC TIGARD,OR 97224 PO BOX 230429 PORTLAND,OR 97281 2S 101 D D-00700 2S 112AD-00600 PROGRESSIVE CASUALTY RYDER TRUCK RENTAL INC 1876 INSURANCE COMPANY BY PROPERTY TAX DEPARTMENT REAL ESTATE NOTIFICATIONS P 0 BOX 025719 PO BOX 89429 MIAMI, FL 33102 CLEVELAND,OH 44101 2S112AC-01801 1S134DD-00102 RBJ INVESTMENTS LLC SCHAEFER DONALD M&MILYNN 0 PO BOX 23175 PO BOX 23697 TIGARD,OR 97281 TIGARD,OR 97281 2S 102AB-01801 2S 102BA-00800 RISBERG K JOAN TRUSTEE SEE-ZER PROPERTIES 4210 IMPERIAL DR 14960 SW TUALATIN-SHERWOOD RD STE 1 WEST LINN,OR 97068 SHERWOOD,OR 97140 2S112AC-01300 2S101BC-02800 RIVAS ERNEST AND ROSE SEVERSON JAMES A& ROBIN 0 14905 SW 74TH AVE 29404 SW HEATER RD PORTLAND,OR 97224 SHERWOOD,OR 97140 2S 101 BC-02201 2S112AB-02300 ROACH MICHAEL A AND PAMELA S SHEININ-MENDENHALL LLC I 956 WEST POINT RD BY PARROTT PARTNERHIP LAKE OSWEGO,OR 97034 12725 SW 66TH AVE#202 PORTLAND,OR 97223 2S 102BA-00400 2S114AA-00300 ROBERTSON BERWYN A&INGEBURG H SHIPMAN W H LIMITED 17691 SW FREDERICK LN BY NORRIS&STEVENS SHERWOOD,OR 97140 520 SW 6TH AVE#400 PORTLAND,OR AVERY® Address Labels Laser 516149 Smooth Feed SheetsTM • • Use template for 5161® 2S112AC-01600 2S112AB-01200 SKOURTES JOHN&JACKIE TENNANT INVESTORS 17010 SW WEIR RD PO BOX 1658 BEAVERTON,OR 97007 PORTLAND,OR 97207 2S112AD-00300 2S102BA-00302 SMETS JOHN E&MARIETTA D TRS TIGARD INDUSTRIAL LLC PO BOX 560 11336 SW BULL MOUNTAIN RD#103 AURORA,OR 97002 TIGARD,OR 97224 2S 101 BC-02500 2S 101 D D-00701 SMITH GERIG WESTERN PROPERTIES L TIGARD-TUALATIN SCHOOL PO BOX 930 DISTRICT 23J WILSONVILLE,OR 97070 ATTN:BUSINESS MANAGER 13137 SW PACIFIC HWY TIGARD,OR 97223 2S 112DD-01900 2S11200-00300 SOUTHERN PACIFIC TRANSPORTATION TIME OIL CO BY UNION PACIFIC RAILROAD CO P 0 BOX 24447 1700 FARNAM ST 10TH FLOOR SOUTH SEATTLE,WA 98124 OMAHA,NE 68102 2S112AB-00500 2S112BA-06000 SPEARING KENNETH M&HOLLY R& TRI-COUNTY INDUSTRIAL SPEARING DANIEL N&MOLLY A PARK INC 7300 SW LANDMARK LN 2106 SE OCHOCO ST PORTLAND,OR 97224 MILWAUKIE,OR 97222 2S112AA-00900 2S112AC-01800 SPIEKER PROPERTIES LP TRUAX HARRIS ENERGY LLC 4380 SW MACADAM AVE STE 100 PO BOX 607 PORTLAND,OR 97201 WILSONVILLE,OR 97070 2S 112DD-00500 2S 112AB-00600 SUBOTNICK RUTH& TUFFORD PHYLLIS J TRUSTEE SIEGEL LOTTIE BY VERN TUFFORD BY PACIFIC REALTY ASSOC EASTSIDE VAN&STORAGE CO 15350 SW SEQUOIA PKWY#300-WMI - 4836 SE POWELL BLVD PORTLAND,OR 97224 PORTLAND, OR 97206 1S135BB-00100 2S114AA-00500 SUBURBAN PROPANE LP UNIFIED SEWERAGE AGENCY ATTN:CARL J REMMES OF WASHINGTON COUNTY 240 RT 10 W 150 N FIRST ST WHIPPANY, NJ 7981 HILLSBORO,OR 97123 2S 112AB-00100 2S 112AD-00700 SUMMIT PROPERTIES INC UNION CENTRAL LIFE 4444 NW YEON TREASURY SERVICES PORTLAND,OR 97210 ATTN:DIANE THOMAS PO BOX 888 CINCINNATI,OH 45240 2S 112AB-01600 1 S 135BC-00300 SUNDAY SCHOOL FELLOWSHIP UNITED STATES BAKERY 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