Ordinance No. 04-14 CITY OF TIGARD, OREGON
ORDINANCE NO. 04- r
AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY
DEVELOPMENT CODE CHAPTER 18.520 TO ALLOW BULK SALES WITHIN CERTAIN AREAS
OF INDUSTRIAL PARK ZONES, SUBJECT TO LIMITATIONS ON SIZE AND OUTDOOR
ACTIVITY(ZOA2004-00001).
WHEREAS, the applicant has requested a Zone Ordinance Amendment to amend the language of the
Tigard Community Development Code Chapter 18.520 to allow bullc sales in the Industrial Park Zones as a
permitted use;and
WHEREAS, planning staff notified the appropriate agencies of the request and received comments from
Metro regarding compliance with Title 4 of the Regional Framework Plan; and
WHEREAS, staff evaluated Metro's designated Industrial Lands and Employment Lands, and found that
the majority of eligible IP zoned land for limited retail uses was on the east side of SW 72"d Avenue; and
WHEREAS,to further comply with the Title 4 requirements,the maximum allowable size for a single bulk
sales use or combination of uses on one parcel is 60,000 gross square feet; and
WHEREAS, to maintain the campus like character for the Industrial Park zone, additional limitations on
outdoor storage and activity should be imposed; and
WHEREAS, staff modified the proposal so that bulk sales would be allowed only as a restricted use in IP
Zoned property, east of SW 72"d Avenue, limited to a maximum size of 60,000 square feet, and with
restrictions on outside sales, storage or activity; and
WHEREAS, the Planning Commission considered the request at their November 15, 2004 public hearing,
and unanimously voted in favor of the modified amendment on a 7-0 vote; and
WHEREAS, the City Council held a public hearing on the request on December 14, 2004 and determined
that the proposed language adequately addressed concerns regarding protecting the health, safety, and
welfare of the Tigard citizens, as well as, the interests of business in Tigard; and
WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines
adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found
applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any
applicable provisions of the City's implementing ordinances; and
WHEREAS,the City Council has determined that the proposed zone ordinance amendment is consistent
with the applicable review criteria and that approving the request would be in the best interest of the City
of Tigard.
ORDINANCE No. 04-
Page 1
NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific text amendments attached as "EXHIBIT A" to this Ordinance are hereby
adopted and approved by the City Council.
SECTION 2: 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 U A4 nl j/A Qk-S vote of all Council members present after being read by number
and title only,this day of. '?Cel&0- ,2004.
Cathy Wheatley, City Recorder
APPROVED: By Tigard City Council this day of ,2004.
C ze,6, L
Craig Dir sen,Mayor
Approved as to form-
i Attorney
Date
ORDINANCE No. 04-
Page 2
i
ENMBI A
Recommended Development Code Text Amendment
TABLE 18.530.1
USE TABLE: INDUSTRIAL ZONES
USE CATEGORY I-P I-L I-H
RESIDENTIAL
Livia
Household g R' R1 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 CIO' C1° CIO
Cultural Institutions N N N
Day Care R3 9 W9 W9
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 R' N N
Entertainment-Oriented
-Major Event Entertainment N N N
-Outdoor Entertainment P N N
-Indoor Entertaimnent 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
R4,11 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
i
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
-GeneraI 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 R' 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 PS
P=Permitted R Restricted C=Conditional Use N Not Permitted
1 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.
2 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.
3 In-home day care which meets all state requirements permitted by right.
4 Permitted if all activities, except employee and customer parking, are wholly contained with a
building(s).
5 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..
6 See Chapter 18:798, Wireless Communication Facilities, for definition of permitted and
restricted facilities in the I-P zone.
' Vehicle fuel sales permitted outright unless in combination with convenience sales, in which
case it is permitted conditionally.
s Explosive storage permitted outright subject to regulations of Uniform Fire Code.
9 Day care uses with over 5 children are permittedsubject 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 (I.) 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.
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