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Ordinance No. 91-30 CITY OF TIGARD, OREGON ORDINANCE NO. 91-30 XN ORDINANCE TO AMEND AND REPEAL VARIOUS PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE PERTAINING TO THE CENTRAL BUSINESS DISTRICT (CBD) INCLUDING: REPEALING SECTION 18.86 (ACTION AREAS) AND AMENDING SECTIONS 18.42.020 C.6.h. (AUTOMOTIVE AND EQUIPMENT: SALES/RENTALS LIGHT EQUIPMENT); 18.66.030 (PERMITTED USES); 18.66.040 A. (CONDITIONAL USES) ; 18.66.060 A.1. (ADDITIONAL REQUIREMENTS); 18.66.070 (INTERIM REQUIREMENTS) ; AND 18.130.150 C.23.a. & 29.a. (APPLICABLE ZONE) (ZOA 2-91) WHEREAS, The City of Tigard finds it necessary to revise its Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, certain provisions of the Code concerning the Central Business District conflict with existing conditions, existing businesses and buildings in the CBD; and WHEREAS, the City of Tigard Planning Commission rtaviewed the staff recommendation at a public hearing on August 19, 1991 arid voted to recommend approval of the amendment to the City Council; and WHEREAS, the City Council held a public hearing on September 10, 1991 to consider the amendment. THE CITY OF TIGARD ORDAINS AS FOLLOWS: {`= Section 1: The Community Development Code shall be amended as shown in Exhibit "A". Language to be added is UNDERLINED. Language to be deleted is shown in (BRACKETS] . Section 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By U t0M i 1T`1O CS __ vote of all Council ,members present after being read by number and title only, this ��`-' day of 1991. r Catherine 'Wheatley, City corder APPROVED: This day of 1991. Gerald R. Edwards, Mayor Approved as to form: ! Ci torney s Date ORDINANCE No. 91- �0 Page 1 s k EXHIBIT "A" CHAPTER 18.86 is hereby deleted 118.42.020 C. 6. h. Automotive and Equipment: Sales/Rentals, Light Equipment: Sale, retail or wholesale and/or rental from the premises of autos, noncommercial trucks, motorcycles, motorhomes, boats, and trailers with less than 10,000 pounds gross cargo weight together with incidental maintenance. Typical uses include automobile dealers, care rental agencies, boat dealers, or recreational vehicle sales and rental agencies; 18.66.030 3. Residential 71 Use Types (See R-40 and R-12 for development standards) : f. Children's day care; Family day care; i. Residential care facility- 18.66.030 7. Outdoor storage if screened on all sides 18.66.040 Conditional Uses (See Chapter 18.130) 3• [Children's day care;] Drive-up windows ISee standards contained in Chapter 18 1301 - 8• [Residential care facility;] [9• ] 8. vehicle fuel sales; and [10. ]9_. Wholesale, storage, and distribution. (Ord.90-41; Ord 89-06; Ord 93-52) ; 18.66.060 Adaitional Requirements A. 1. Overlay Districts, Chapters 1$.80 Planned Development, 18.82 Historic Overlay District, 18.84 Sensitive Lands [and Action Areas]; 18.6—6.070 Interim Requirements A. In the absence of an ado ted deli n issplan the following ues under Subsection 18.86:-84�9:A;l;e must be Ci G�iVevtir e : addressed for new developments as necessary to serve the use and provide for projected public facility needs of the area, pursuant to Chapter 18.164 as determined by the Director. 1. The City may attach conditions to any development within an action area grior to adoption of the design plan to achieve the following objectives: a. The development shall address transit usage by residents. employees, and customers if the site is within 1/4 mile of aup blic transit line or transit stop. Specific items to be addressed are as follows: jil orientation of buildings and facilities towards transit services to provide for direct pedestrian access into the building(s) from transit lines or stops- .(ii) ii Minimizing transit/auto conflicts by providing direct pedestrian access into the buildings with limited crossings in automobile circulation/ parking areas. If Redestrian access crosses automobile circulation/parking areas, paths shall be marked for pedestrians: .(iii) Encouraging r transit-supportive users by limiting automobilesupport services to collector and arterial streets; and 1.-3--v Avoiding the creation of small scattered parking areas by allowing adjacent developments to use shared surface parking, parking structures, or under- structure parkins; b. The development shall facilitate` pedestrian/bicycle circulation ii'the site is located on- a street with designated bikepaths or adjacent to a designated gXeenway(open space/park. Specific items to be addressed are as follows Provisions of efficient convenient and continuous Dedestrian and bicycle transit circulation systems, linking developments by requiring,dedication and construction of pedestrian and bikepaths identified in the comprehensive plan. If direct connections cannot be made; require that funds in the amount of the construction cost be deposited into an account for the r t purpose of constructing paths; jib Separation of auto and truck circulation activities from pedestrian areas; 1=14Encouraging pedestrian-oriented design by requiring pedestrian walks and street level windows along_all sides with public access into the building; iv Provision of bicycle parking as required under Subsection 18.106.020.P; and jX. Ensure adequate outdoor lighting by lighting pedestrian walkways and auto circulation areas. c. Coordination of development within the action area. Specific items to be addressed are as follows: Continuity and/or compatibility of landscaping, circulation, access, public facilities, and other improvements. Allow required landscaping areas to be grouped together. Regulate shared access where appropriate. Prohibit liahting which shines on adiacent property; ii Siting and orientation of land use which considers surrounding iaad use, or an ado tp ed plan. Screen loadincl_areas and refuse dumpsters_ from- -view._ Screen commercial and industrial use from single-family residential through landscaping; and (iii) Provision of frontage roads or shared access where feasible. (Ord. 89-06;, Ord. 87-561 B. Existing nonconforming industrial structures at the following locations may continue to be utilized for I-P Industrial uses after the nonconforming use limit of six months: Map 2S 1 2AA iax lot 4700 Map 2S 1 2AC tax lot 100 and 202 Map 2S 1 2AD tax lot 1203. Map 2S 1 2DB tax lot 100, and May 2S 12DA tax lot 300. r 18.130.150 C. 23. Children's day care: a. Applicable zones single family and multi-family residential, [CBD]; 29. Drive-Up Windows: a. Applicable Zoness [any commercial or industrial zone with an action area overlay] CBD; 18.66.060 Additional Requirements A. Additional requirements in the CBD district are as follows: 1. Overlay Districts, Chapters 18.80 Planned Development, 18,82 Historic Overlay District, 18,84 Sensitive bands [and Action Areas]; i i