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MIS2012-00002
MIS2012 - 00002 TECH CENTER DR . NONCONFORMING USE DETERMINATION NOTICE OF TYPE I DECISION • TECH CENTER DRIVE NONCONFORMING USE DETERMINATION T I GARD 120 DAYS = 2/26/2013 SECTION I. APPLICATION SUMMARY FILE NAME: TECH CENTER DR. NONCONFORMING USE DETERMINATION CASE NO.: Miscellaneous Permit (MIS) MIS2012 - 00002 PROPOSAL: The applicant requests a nonconforming use determination for a wholesale warehouse and distribution use (Blue Bird Transfer) located at 7555 SW Tech Center Drive in order to continue the use in this location. APPLICANT & OWNER: Summit Properties, Inc. 5550 SW Macadam Blvd., Suite 205 Portland, OR 97201 APPLICANT'S Stoel Rives, LLP REP: Attn: Steven W. Abel 900 SW Fifth Ave., Suite 2600 Portland, OR 97204 COMPREHENSIVE PLAN DESIGNATION: Light Industrial ZONING DESIGNATION: I -P: Industrial Park District. The I -P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus -like setting. Only those light industrial uses with no off -site impacts, e.g., noise, glare, odors, vibration, are permitted in the I -P zone. In addition to mandatory site development review, design and development standards in the I -P zone have been adopted to insure that developments will be well - integrated, attractively landscaped, and pedestrian - friendly. LOCATION: 7555 SW Tech Center Dr.; WCTM 2S101DC, Tax Lot 04500. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.760.020(A). SECTION II. DETERMINATION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the legal status of a nonconforming use, subject to the findings and conclusions on which the determination is based, noted in Section IV of this decision. MIS2012 -00002 TECH CENTER NONCONFORMING USE PAGE 1 OF 4 SECTION III. BACKGROUND INFORMATION Summit Properties, Inc. purchased the property in 1986. Blue Bird Transfer has been operating at the property since 1992. The applicant requests a nonconforming use determination for a wholesale warehouse and distribution use (Blue Bird Transfer) located at 7555 SW Tech Center Drive in order to continue the use in this location. The subject site is zoned I -P Industrial Park. Adjacent properties are zoned I -P to the east and west, R -3.5 (low density residential) to the north, and I -L (Light Industrial) to the south. Development and uses within the area reflect the various zoning districts. According to Washington County assessor records, the 5.01 acre site is developed with a 218, 235 square foot building. No records could be found to determine when the building was built. Aerial photographs show the site vacant in 1960 and developed in 1986 with .the current. structure. City zoning and comprehensive plan maps dating back to 1981 and 1977 respectively show that the subject site was zoned /designated Industrial Park (M -4 or I -P) since that time. City permit history shows building, mechanical, and electrical permit activity for Blue Bird Transfer at this location as far back as 1992. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.760.020 Determination of Nonconforming Use Status A. Director's determination. The Director shall make a determination regarding the legal status of a nonconforming use by means of a Type I procedure, governed by Section 18.390.030, using the following criteria: 1. Proof that the use was permitted by this title at the time it was established, by any of the following: a. Copies of building and /or land use permits issued at the time the use was established; b. Copies of zoning code provisions and /or maps; c. Demonstration that the use was established before the first development code for the community was adopted. The applicant provided copies of zoning maps from 1988 and 1993 (Exhibits A & B) both showing the site zoned as Industrial Park (I -P). This indicates the site was zone I -P in 1992. A copy of the Industrial Park District chapter (18.68) of the 1992 code was also provided (Exhibit C), which shows Wholesale, Storage, and Distribution: Light as a permitted use within,the I -P zone. Staff reviewed the use classification chapter (18.42) from the same time period. This use is described as: wholesaling, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses, or moving and storage firms. The applicant states that Blue Bird Transfer has used the property for wholesale, storage, and distribution with warehousing and distribution as the primary use since its establishment in 1992. FINDING: Based on the information provided, the applicant has proved that the existing use of warehousing and distribution (Wholesale, Storage, and Distribution: Light) was a permitted use at the time it was established. M11S2012 -00002 TECH CENTER NONCONFORMING USE PAGE 2 OF 4 2. Proof that the use has been maintained over time. This includes copies of one or more of the following evidence for every other year from the time the use was established until the current year. Standard evidence that the use has been maintained over time includes: a. Utility bills; b. Income tax records; c. Business licenses; d. Listings in telephone, business and Polk directories; e. Advertisements in dated publications, e.g., trade magazines, and /or; f. Building, land use or development permits. The applicant states that the provided documentation demonstrates that Blue Bird Transfer's use of the property has been maintained since it was established in 1992. This documentation includes the following: • 1992 City of Tigard Mechanical Permit issued to Blue Bird Transfer (Exhibit D) • 2006 City of Tigard Mechanical Permit issued to Summit Properties with Blue Bird Transfer listed on the permit (Exhibit E) • White Pages and Yellow Pages listings for Blue Bird Transfer at 7555 SW Tech Center Drive from 1992 — 2011 (Exhibits F & G) • Cole Directory listings for Blue Bird Transfer at 7555 SW Tech Center Drive from 1999- 2003, 2006 -2012 (Exhibit H) FINDING: Based on the information provided, it can be determined that storage and distribution uses have been maintained over time. CONCLUSION: The existing warehousing /distribution use at 7555 SW Tech Center Drive is a legal, non - conforming use that has been maintained over time. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and /or owners. Final Decision: The determination of the Director on a Type I procedure is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's determination may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON NOVEMBER 21, 2012 AND BECOMES EFFECTIVE ON NOVEMBER 22, 2012. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 718 -2437. Q • November 21, 2012 PREPARED BY: Cheryl Gaines Associate Planner MIS2012 -00002 TECH CENTER NONCONFORMING USE PAGE 3 OF 4 Summit Properties, Inc. 5550 SW Macadam Blvd., Suite 205 MIS2012 -00002 Portland, OR 97201 TECH CENTER NON - CONFORMING USE "NOTICE OF TYPE I DECISION" Stoel Rives, LLP Attn: Steven W. Abel 900 SW Fifth Ave Suite 2600 Portland, OR 97204 CITY OF TIGARD RECEIPT a . ■ ; 1312 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 188981 - 10/30/2012 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MIS2012 -00002 Long Range Planning Fee 1003100 -43117 $81.00 MIS2012 -00002 Application Fee 1003100 -43116 $546.00 Total: $627.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 5913 CCAINES 10/30/2012 $627.00 Payor: Summit Properties, Inc. Total Payments: $627.00 Balance Due: $0.00 Page 1 of 1 S T O E L 900 S.W. Fifth Avenue, Suite 2600 R I ` / E S Portland, Oregon 97204 CI 224.3380 I I P fax 503.3.220.2480 480 www.stoel corn Al IORNEYS AT LAW STEVEN W. ABEL Direct (503) 294 -9599 October 24, 2012 swabel @stoel.com R ECEtV ED VIA U.S. FIRST -CLASS MAIL OCT 29 2 012 City of Tigard Community Development Department Attn: Cheryl Caines CITY OF TIGARD 13125 SW Hall Boulevard KANNINGIENG Tigard, OR 97233 Re: Request for Type I Review: Nonconforming Use Confirmation (7555 SW Tech Center Drive) Dear Cheryl: This office represents Summit Properties with respect to its property at 7555 SW Tech Center Drive (the "property "). As you may recall, a representative of Summit Properties contacted you last month to inquire about the uses allowed on the subject property. Because the current use of the property is no longer allowed within the Industrial Park ( "I -P ") zone but was lawful when it was established, you directed Summit Properties to submit a letter requesting a nonconforming use confirmation. This letter and supporting documentation, along with the requested review fee of $627.00, is submitted on behalf of Summit Properties. Summit Properties purchased the property in 1986. The current tenant, Blue Bird Transfer, began operating at the property in 1992. Since that time, Blue Bird Transfer has used the property for wholesale, storage, and distribution, with wholesaling and warehousing as the primary use. As discussed below and shown in the supporting documents attached hereto, the current use of the property is a lawful, nonconforming use. 1. The existing use was permitted at the time it was established. As shown in the attached 1988 and 1993 zoning maps (Exhibits A and B), the property was zoned I -P when Blue Bird Transfer began operating at the property and the current use was established. As shown in the 1991 version of the Tigard Community Development Code (Exhibit C at p. 142), the following use was permitted outright within the I -P zone: • Wholesale, storage, and distribution 72606774.1 0025844 -00001 Alaska California Idaho Minnesota Oregon Utah Washington City of Tigard Community Development Department October 24, 2012 Page 2 2. The existing use has been maintained over time. The attached documents demonstrate that Blue Bird Transfer's use of the property has been maintained since it was established in 1992. • 1992 Mechanical Permit issued to Blue Bird Transfer (Exhibit D) • 2006 Mechanical Permit issued to Summit Properties (Blue Bird Transfer listed on application) (Exhibit E) • White Pages listings for Blue Bird Transfer at 7555 Tech Center Drive: 1993 -2011 (Exhibit F) • Yellow Pages listings for Blue Bird Transfer at 7555 Tech Center Drive: 1993 -2012 (Exhibit G) • Cole Directory listings for Blue Bird Transfer at 7555 Tech Center Drive: 1995 -1996, 1999 -2003, 2006 -2012 (Exhibit H) With this evidence, Summit Properties has established that the existing wholesaling and warehousing use was lawfully established and has been maintained over time. We look forward to receiving the City's confirmation that the current wholesale, storage, and distribution use is a lawful, nonconforming use. Please feel free to contact me if you have any questions. Very ly yours, to en W. Abel Enclosures 72606774.1 0025844 -00001 F:riocela Automation/I/ - Windows Internet Explorer i .: • " _ El r.. hops 'i a . .accelazorn ll 15/. riot a .: 1, ■rn "..ser•T: ( C 4 ':- ;:'..,- -, UN CC'," EV i 3;,-..'1,4 .....,,: -',4_1 , I, P 11).'": 57"1 AC:.1 ,. : , - 1 film I G.,,s,%, P - _.. : es: po Forontes ! : 111Suggestal SSe: • gj Web Si re GiCery. . p' City Records•Weblink gje Free Hobnail isj InsideTigard • E3 Aced. Airtornation3 i • . .,,;‘,, - 0 - ST. skit - Page . Safety • Tools . 4161— " CITY OF TIGARD Cheryl Gaines DatlyCOnsole ■ S r_g_j_g_LA , :j . ft HOME 5 NAVIGATION itil I CREATE NEW - ( MAPS- 0 HELP r i • - . ! Case Case (My Novi My Tasks Inspection Misc Address/ParcellOwner Contacts Professionals Reports Genealooy Global Search . I 1 Record .. . . Menu G 1 ! Reline Search ] 1 New I ' GIS '. Help My OuickOuenes ..Select - . Module Planning 1 ' 1 ' 11 i:: 1 V C' 1 i 0 CA.91_g liumivir 59tet56aing SutriK MLA Case 51111 Active Task Task Status Opened Doseriptio Ei miS2012-00002 0555 TECH CENTER DR A Under RsWew Completeness Reiiew 10130/2012 Request , O ELC2006-00716 7555 TECH CENTER DR A Expired 121197006 BLUEBIRD ' 1 i . L., O MEC2006-00437 7555 TECH CENTER DR A Expired 09/0212006 Replace 7.: 0 ' ELC2006.00141 7655 TECH CENTER DR A Closed 0212112006 Reconnect ' F) MFC2006•0007a 7555 TECH CENTER DR A Closed 02103,7006 Remove ex , D, BUP96•00530 7555 TECH CENTER DR A Voided 10102/1996 Install seas 0 , DUP95-00369 7555 TECH CENTER DR A Closed 08;30%1996 Mezzanine - El MEC92-00270 7555 TECH CENTER DR Closed 10120 Add 10 unit 0 PLM890992 7553 TECH CENTER DR Closed 05/0211959 SOUTHWE O SITB81857 7553 TECH CENTER DR Closed 0911911986 SOUTHWE CENTER , . . li •,.; 1 (, ' r M • r Record ID: M152012-00002 Menu G ' i Help • Go To . I I Summary : Itrowrd Act so (0) Activity Summary (2) '" Address (1) Addil Inlo App Specific Ink, ' App Specific lido fables (0) ' i Applicnii Pi I Filo Date: 10/3012012 i . 1 - • i . .. . .. ... ... , „. _ . .. . . .. . . . ,.. ..... ........ . . ... .. ., . 6) bowel cIrdTio clange5rzurrti . 141 115% .... . • • Assets Automa • : !p — ,: :t8 57DIi /j•`�' G ® htt ps'a :accHacomilt:seed'rJ!sV e-a- ,.e. - .nv„ sit 'lIGAM'11:eCUr.SciEUT rr:ooEL pal -urr salt ns rn'j_ one t- 1115 N;eisle lacl� ',If Favorites c:,4 [] Suggested Saes • 8; Ark Sirce Gager,. • @`, Dry Records- Weblink $. Free Hotmail C InsideTigard ® Car el. Aotenutiond 7,� • ® • 1 4.s - Page Safety • Tools • • {}- rr CITY OF TIGARD Cheryl crones Daavconsole - San Out A HOME NAVIGATION .1 ¢J CREATE NEW •• MAPS - 0.. HELP a 1 Case Case IMy Nan Me Tasks Insaecbon /disc Address/Parcel/Owner Contacts Professionals Reports Gnnealooy Global Search i I Record 4 ._ / I . ! 1 4 a Dowsed Description Bholence Aoplicatlo t Nome A (gatcLtO_sle8 Po.cceJJl Record Type Alias i ; 517 €555 BtzficFllr, niiek i'1: • e1 Crn .au ,, r Yra;C'... F3ll6S :'K acreJCirn 12/1012506 BLUEBIRD TRANSFER. Roc... 0 BLUEBIRD TRANSFER 2SIO IDC01500 Commercial - Electrical I 09/0012006 Replace 7.5 ton *nth a.. 0 BLUEBIRD TRANSFER 2S1010004500 Commercial • Mechanical 02/212006 Reconnect gas pack on .. 0 BLUEBIRD TIWJSFER 2S101DC04500 Commercial • Electrical 02/03,2006 Remove emoting 5 ton .. 0 BLUEBIRD TRANSFER 2S101DC04500 Commercial - Mechanical 10/02/1996 metal separator boar... 0 BLUE BIRD TRANSFER 2S1010004500 Commercial • Budding 08/30/1995 Mezzanine protection f... 0 KEVCO 2S1010C1 Commercial - Building 10/20/1992 Add 10 unit hers in wa... 0 BLUE BIRD TRANSFER 2S101DCO4500 Commercial - Mechanical 05/02/1989 SOUTHWEST COMMERCE CEN... 2334.15 881852 25101ECO4500 Commercial • Plumbing 09/19/1988 SOUTHWEST COMMERCE 8229.5 881852 251010001500 Residential • Site Work _ CENTER :u Record ID: MI12012 -00002 Menu P ' : Help Go To . r Seminary linrord Activities (0) Activity Summary (21 Address (1) Addui kilo App Specific Into App Specific Info fables 10) Appllcau ik File Date: 10/30/2012 Internet I Protected Mode Off r - 1 5118% • CITY OF TIGARD s RECEIPT a m : 1 3125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 188981 - 10/30/2012 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MIS2012 -00002 Long Range Planning Fee 1003100 -43117 $81.00 M1S2012 -00002 Application Fee 1003100 -43116 $546.00 Total: $627.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 5913 CCAINES 10/30/2012 $627.00 Payor: Summit Properties, Inc. Total Payments: $627.00 Balance Due: $0.00 Page 1 of 1 26. Scrap Operations: a. Salvage: Refers to places of business primarily engaged in the storage, sale, dismantling, or other processing of used, source separated, or waste materials which are not intended for reuse in their original form. Typical uses include automotive wrecking yards, junk yards, or paper salvage yards; and b. Recycling Collection Center: Refers to facilities where glass, cans, and papers or other materials are collected for the purpose of being transferred to a paper salvage or recycling facility; 27. Spectator Sports and Entertainment Facilities: Refers to establishments or places primarily engaged in the provision of cultural, entertainment, athletic, and other events to spectators. Typical uses include convention centers and sport stadiums; 28. Transient Lodging: Refers to establishments primarily engaged in the provision of lodging services on a temporary basis with incidental food, drink, and other sales and services intended for the convenience of guests. Typical uses include hotels, motels, or bed and breakfast houses; 29. Vehicle Fuel Sales: Refers to establishments or places of business primarily engaged in the retail sale from the premises of petroleum products with incidental sale of tires, batteries, and replacement items, lubricating services, and minor repair services. Typical uses include automobile service stations, filling stations, or truck stops. O. Industrial Use Types: Industrial use types include the on -site production of goods by methods not commercial, agricultural, or extractive in nature: 1. Light Industrial: a. Manufacturing of Finished Products: The manufacture of finished products from previously prepared materials (excluding raw materials); Revised 02/27/89 Page 91 19 co b. Packaging and Processing: (i) Refers to the production, processing, assembling, packaging, or treatment of products from previously processed materials; or (ii) Production, processing, assembling, and packaging of finished products from previously prepared materials. c. Wholesale, Storage, and Distribution: Refers to establishments or places of business primarily engaged in wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage, and distribution use types: (i) Wholesaling, Storage, and Distribution: Miniwarehouses: Storage and warehousing service within a building(s) primarily for individuals to store personal effects and businesses to store materials for operation of an industrial or commercial enterprise located elsewhere: (a) Incidental uses in a miniwarehouse may include the repair and maintenance of stored materials by the tenant, but in no case may storage spaces in a miniwarehouse facility function as an independent retail, wholesale, business, or service use; and (b) Spaces shall not be used for workshops, hobbyshops, manufacturing, or similar uses and human occupancy of the space is limited to that required to transport, arrange, and maintain stored materials; Wholesaling, Storage, and Distribution: Light: Wholesaling, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses, or moving and storage firms; 2. Heavy Industrial: a. Manufacturing of Finished Products: Refers to the manufacturing, processing, or assembling of semifinished or finished products from raw materials; Revised 02/27/89 Page 92 27. Scrap Operations: a. Salvage: Refers to places of business primarily engaged in the storage, sale, dismantling, or other processing of used, source separated, or waste materials which are not intended for reuse in their original form. Typical uses include automotive wrecking yards, junk yards, or paper salvage yards; and b. Recycling Collection Center: Refers to facilities where glass, cans, and papers or other materials are collected for the purpose of being transferred to a paper salvage of recycling facility; 28. Spectator Sports and Entertainment Facilities: Refers to establishments or places primarily engaged in the provision of cultural, entertainment, athletic, and other events to spectators. Typical uses include convention centers an sport stadiums; 29. Transient Lodging: Refers to establishments primarily engaged in the provision of lodging services on a temporary basis with incidental food, drink, and other sales and services intended for the convenience of guests. Typical uses include hotels, motels, or bed and breakfast houses; 30. Vehicle Fuel Sales: Refers to establishments or places of business primarily engaged in the retial sale from the premises of petroleum products with incidental sale of tires, batteries, and replacement items, lubricating services, and minor repair services. Typical uses include automobile service stations, filling stations, or truck stops. D. Industrial Use Types: Industrial use types include the on -site production of goods by methods not commercial, agricultural, or extractive in nature: 1. Light Industrial: a. Manufacturing of Finished Products: The manufacture of finished products from previously prepared material (excluding raw materials); Revised 10/12/93 1995 code- Page 91 b. Packaging and Processing: (i) Refers to the production, processing, assembling, packaging, or treatment of products from previously processed materials; or (ii) Production, processing, assembling, and packaging of finished products from previously prepared materials. Wholesale, Storage, and Distribution: Refers to establishments or places of business primarily engaged in wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage, and distribution use types: (i) Wholesaling, Storage, and Distribution: Miniwarehouses: Storage and warehousing service within a building(s) primarily for individuals to store personal effects and businesses to store materials for operation of an industrial or commercial enterprise located elsewhere: (a) Incidental uses in a miniwarehouse may include the repair and maintenance of stored materials by the tenant, but in no case may storage spaces in a miniwarehouse facility function as an independent retail, wholesale, business, or service use; and (b) Spaces shall not be used for workshops, hobbyshops, manufacturing, or similar uses and human occupancy of the space is limited to that required to transport, arrange, and maintain stored materials; ( ii) , olesaling, Storage, and Distribution: Light: Wholesaling, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses, or moving and storage firms; 2. Heavy Industrial: a. Manufacturing of Finished Products: Refers to the manufacturing, processing, or assembling of semifinished or finished products from raw materials; Revised 10/12/93 Page 92 b. Wholesaling, Storage, and Distribution: Heavy: Refers to open -air storage, distribution and handling materials and equipment. Typical uses include monument or stone yards, or grain elevators. (Ord. 93 -28; Ord. 91 -30; Ord. 89 -06; Ord. 85- 39; Ord. 85 -22; Ord. 85 -15; Ord. 84 -29; Ord. 83 -52) Revised 10/12/93 Page 93 Exhibit A RECEIVED OCT 2 9 2012 CITY OF TIGARD PLANNING /ENGINEERING 1 • • f r ' C 1 • • (T/11 . r • • • • • (PD) • . " +• R I 5 • • • •' y / j* ;7 4 , ., . . •••inct to , g._. • • • • • • /� t pl •At :Et.44 ' " • • f t T 4 E LEIldi4ARe • Ii SCMOOI. •.. y ° f. , t • , [ ; 1 1 L • • „L.... _ , • . ., • . , • ...... . . R.1.5 ! i "o""' ' . LA • • • • L i... I ....A , 1 • 0. • ,. . , "7 4 / P S �, .. L I • • ,2 • / ! R-12 ,R . 'l . • .. ill a Jy t 0. Exhibit B RECEIVED OCT 2 9 2012 CITY OF TIGARD PLANNING /ENGINEERING Pa' T 6 - 2.,,,., v\c\c / \ c r\ w . .,..„ ___ ._. Ti 51 i lli r. , nu _ ...im. ..... _ __ .;..... jj Milt limn r M i llint Mom= "' I i1H lam.. � /L -u LL alp �Il.lf■!, / • aa� �� 4i*, . 2 OWN* Sim 1 Trri 1.1711 111111111101 ■ ■1♦ 111111 t / am r E.ni lima norm IT*. n 111111 rlill Nom an '1.11 lati fali 16 ' 1111 �/ "" "'� I t P$ N l_ i Ii&! If V � Is 4,441 1 .1:1 II• rr I 11 ; m ,,,,, ii. .... ...... . 111 - on al tea. ■ ■� smile ■ alt.., � � � al am mum ou miaow mipur„ . . j Ex ■ m''= a !'! t ■ � ■ II IN ■ is Nom ■ a ra � tL �� 'mil ■ � � airitim luso mew Inn /P ff �2 :i � : ■■i■■ttl i i !� � 1 I I ingineglihs Irwi . I�� a-. ut iu �•1 Irl:p 1 Hot . ` . _ ,. MI■ II PAla amilii ■ NIA , :i r map alga i U 1•111111111‘411111 a X71 04.ti s t ormr. . ilk hig gir A z ts 4_e A _ , Ir i ,,, , „... zr _ : : erd _ -7410.-ipwrip Amir x IF "V -. •. , 1111 z 14 .gumill iiiimem 'Au v ,-,V i * ., ,#, , z—arei mut _r: ,,,, ----4* di v , ii., • , q ing IQ Exhibit C RECEIVED OCT 2 9 2012 CITY OF TIGARD PLANNING /ENGINEERING Chanter 18.68 I -P: INDUSTRIAL PARK DISTRICT Sections: 18.68.010 Purpose 18.68.020 Procedures and Approval Process 18.68.030 Permitted Uses 18.68.040 Conditional uses (See Chapter 18.130) 18.68.050 Dimensional Requirements 18.68.060 Additional Requirements 18.68.010 Purpose A. The purpose of the I -P zoning district is to provide areas: 1. For combining light manufacturing, office and complementary related commercial uses, e.g., restaurant, barber shop, beauty salons, and fitness centers; 2. For combining uses which have no off -site impacts in terms of noise, odor, glare, lights, vibration, smoke, dust, or other types of off -site impacts; 3. For combining parking, landscaping and other design features which physically and visually link structures and uses within one development; 4. Which prohibit residential use; 5. Which utilize a basic street and utility pattern which will permit flexibility in the size of industrial sites; 6. Which provide for a circulation system that provides direct access to arterials or collectors that will not channel traffic through residential areas; 7. Which utilize an internal circulation system which connects to adjoining sites; 8. Which provide a complete set of pre- imposed restrictions (e.g., deed restrictions, restriction covenants, etc.), that are enforceable upon all occupants of the industrial park including provisions for site improvement, building design, landscaping, sign control, off - street parking, and site maintenance; 9. Which provide evidence of continuing management responsibility to enforce restrictions established upon the original development plan; and Revised 1/17/91 Page 140 10. Which recognize the differing transportation requirements of emplcvees and service vehicles with adequate provision for public transit access. (Ord. 89 -06; Ord. 83 -52) 18.68.020 Procedures and Approval Process A. A permitted use, Section 18.68.030, is a use which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. B. A conditional use, Section 18.68.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 90 -41; Ord. 89- 06; Ord. 83 -52) 18.68.030 Permitted Uses A. Permitted uses in the I -P district are as follows: 1. Civic use types: a. Public support facilities; b. Parking facilities; c. Postal services; and d. Public safety services; 2. Commercial use types: a. Animal sales and services: (i) Veterinary, small and large animals; b. Automobile and equipment: (i) Repairs, light; and (ii) Sales and Rental, light equipment; c. Building maintenance services; d. Business equipment sales and services; e. Business support services; f. Communication services; Revised 1/17/91 Page 141 • g. Construction sales and services; h. Financial, insurance, and real estate services; i. Laundry services; j. Medical and dental services; k. Participation sports and recreation: (i) Indoor; and (ii) Outdoor; 1. Professional and administrative offices; m. Research services; n. Vehicle fuel sales; and o. The following uses, separately or in combination, shall not exceed a.total of 20 percent of the entire square footage within ' the development complex: (i) Convenience sales and personal services; (ii) Children's day care; (iii) Eating and drinking establishments; (iv) Personal services facilities; and (v) Retail sales, general; 3. Industrial use types: a. Manufacturing of finished products; b. Packaging and processing; Wholesale, storage, and distribution: (i) Miniwarehouse, and fight; 4. Farming; 5. A single - family detached unit or a single manufactured /mobile home provided that the use is limited to the following: a. A dwelling fora caretaker or superintendent which is located on the same site with the permitted industrial use and is occupied exclusively by a caretaker or superintendent of the industrial use and family; or b. A dwelling for a kennel owner or operator which is located on the same site with the kennel and is occupied exclusively by the owner or operator of the kennel and family; Revised 1/17/91 Page 142 6. Family day care; 7. Temporary use; 8. Fuel tank; or 9. Accessory structures. (Ord. 90 -41; Ord. 89 -06; Ord. 86 -08; Ord. 85 -22; Ord. 85 -14; Ord. 84 -73; Ord. 84 -69; Ord. 83 -52) Revised 1/17/91 Page 142 -1 • • • 18.68.040 Conditional Uses (See Chapter 18.130) A. Conditional uses in the I -P district are as follows: 1. Automotive and equipment body repairs, light equipment; 2. Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA; 3. Utilities; and 4. Transient lodging. (Ord. 89 -06; Ord. 88 -16; Ord. 85 -39; Ord. 85 -22; Ord. 83 -52; Ord. 88 -16) 18.68.050 Dimensional Requirements A. Dimensional requirements in the I -P district are as follows: 1. There are no minimum lot area requirements; 2. The average minimum lot width shall be 50 feet; 3. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows: a. The front yard setback shall be a minimum of 35 feet; b. On corner lots and through lots the setback shall be a minimum of 20 feet on any lot facing a street; however, the provisions of Chapter 18.102 must be satisfied; c. No side yard setback shall be required except 50 feet shall be required where the I -P zone abuts a residential zoning district; d. No rear yard setback shall be required except 50 feet shall be required where the I -P zone abuts a residential zoning district. Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1; and e. All building separations must meet all Uniform Building Code requirements; 4. Except as otherwise provided in Chapter 18.98, no building in the I -P zoning district shall exceed 45 feet in height; 5. The maximum site coverage shall be 75 percent including buildings and impervious surfaces. The maximum site coverage may be increased to 80 percent if the provisions of Section 18.68.050.A.6 are satisfied; and Revised 1/17/91 Page 143 • 6. The minimum landscaping requirement shall be 25 percent of the site area, except that a reduction to 20 percent of the site may be approved through the development review process when all cf the following performance standards are met: a. The approved landscape plan shall provide: (i) Street trees, as required by Section 18.100.035 are to be installed with a minimum caliper of three inches rather than the two inches at four feet in height required by Section 18.100.035.A; (ii) The landscaping between a parking lot and street property line shall have a minimum width of 10 feet. (iii) All applicable buffering, screening, and setback requirements shall be satisfied. b. The applicant shall provide documentation of an adequate on- going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. (Ord. 89 -06; Ord. 88 -16; Ord. 85 -32; Ord. 84 -73; Ord. 84 -61; Ord. 84 -29; Ord. 83 -52) 18.68.060 Additional Reauirements A. Additional requirements in the I -P district are as follows: 1. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 2. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards, 18.92 Density Computations, 18.94 Manufactured /Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions, 18.98 Building Height Limitations: Exceptions, 18.100 Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off- Street Parking and Loading Requirements, 18.108 Access, Egress, and Circulation, and 18.114 Signs; 3. Site Development Review, Chapter 18.120; 4. Development and Administration, Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 5. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning - Lot Line Adjustment, and 18.164 Street and Utility Improvement Standards. (Ord. 90 -41; Ord. 89 -06; Ord. 83 -52) Revised 1/17/91 Page 144 Exhibit D RECEIVED OCT 2 9 2012 CITY OF TIGARD PLANNING /ENGINEERING • • I CITYOFTIQARD Cf1Y MECHANICAL COMMUNITY DEVELOPMENT DEPARTMENT onMOM PERMIT • isia Did. NHdl P.O. P.O.a (�) 175 PERMIT # - MEC92 -0270 639 -4171 DATE ISSUED: 10/20/92 SITE ADDRESS...: 07555 SW TECH CENTER DR PARCEL: 2Sl0l!)C- 045O0 SUBDIVISION - TECH CENTER BUSINESS PARK ZONING: I -P BLOCK LOT :1 CLASS OF WORK..:ADD FLOOR FURN • EVAP COOLERS: TYPE OF USE •COM UNIT HEATERS.. :10 VENT FANS...: • OCCUPANCY GRP..:52 VENTS W/O APPL: VENT SYSTEMS: STORIES :1 BOILERS /COMPRESSORS HOODS • FUEL TYPES 0 -3 HP....: DOMES. INCIN: : /GAS/ / / 3 -15 HP • COMML. INCIN: MAX INPUT:125000 BTU 15 -30 HP....: REPAIR UNITS: FIRE DAMPERS ?..:N 30 -50 HP • WOODSTOVES..: GAS PRESSURE...:M 50+ HP CLO DRYERS..: NO. OF UNITS AIR HANDLING UNITS OTHER UNITS.: FURN < 1O0K BTU: (= '10000 cfm: GAS OUTLETS.:1O FURN > =1O0K BTU: > 10000 cfm: Remarks: Add 10 unit htrs in warehouse area. Owner: - - -- -- - - - - -- - - FEES - -- - -- - - -- - -- BLUE BIRD TRANSFER type amount by date recpt PRMT $ 75.00 JH 10/20/92 - PLCK $ 18.75 JH 10/20/92 - 5PCT $ 3.75 JH 10/20/92 - Phone #: Contractor: -- - ENVIROTECH /SERVISAIR 11550 SW 72ND AVE TIGARD OR 97223 _ -- - - - -- - -- - Phone #: 283 -1786 $ •)7.50 1OTAL Reg #..: 64503 REQUIRED INSPECTIONS This persit is issued subject to the regulations contained in the Gas Line Insp Tigard Municipal Code, State of Ore. Specialty Codes and all other Heating Unt Insp applicable laws. All work will be done in accordance with Final Inspection approved plans. This permit will expire if work is not started within IN days of issuance, or if work is suspended for sore • than 181 days. Permittee Signature: . / / J / • Issued By: j-'/ — -- - -- Ca i f or Inspection - 639 -4175 • • Exhibit E RECEIVED OCT 29 2012 CITY OF TIGARD PLANNING /ENGINEERING ra 4 1, CITY OF TIGARD MECHANICAL PERMIT �;1� DEVELOPMENT SERVICES PERMIT #: MEC2006 -00073 e ��l • '• DATE ISSUED: 2/3/2006 . 13125 SW Hall-Bly.* Tigard, OR 97223 503 - 639 -4171 � S S PARCEL: 2S101 DC -04500 SITE ADDRESS: 40355 TECH CENTER DR A ZONING: I -P SUBDIVISION: TECH CENTER BUSINESS PARK LOT: 001 JURISDICTION: TIG Project Description: Remove existing 5 ton and replace with 5 ton. Value: $7059 CLASS OF WORK: ALT FLOOR FURN: EVAP COOLERS: TYPE OF USE: COM UNIT HEATERS: VENT FANS: OCCUPANCY GRP: B VENTS W/O APPL: VENT SYSTEMS: STORIES: BOILERS /COMPRESSORS HOODS: FUEL TYPES 0 - 3 HP: DOMES. INCIN: NAT 3 - 15 HP: COMML. INCIN: MAX INPUT: BTU 15 - 30 HP: REPAIR UNITS: FIRE DAMPERS?: 30 - 50 HP: WOODSTOVES: GAS PRESSURE: 50 + HP: CLO DRYERS: FURN < 100K BTU: AIR HANDLING UNITS OTHER UNITS: FURN > =100K BTU: 1 <= 10000 cfm: GAS OUTLETS: > 10000 cfm: Owner: FEES • SUMMIT PROPERTIES INC Description Date Amount 4444 NW YEON , [MECH] Permit Fee 2/3/2006 $179.30 PORTLAND, OR 97210 [TAX] 8% State Surchar€ 2/3/2006 $14.34 Total $193.64 Phone: Contractor: ARROW MECHANICAL 10330 SW TUALATIN RD REQUIRED ITEMS AND REPORTS TUALATIN, OR 97062 Contact #: FAX 503- 691 -1879 PRI 503- 692 -1565 Reg #: LIC 5193 • This permit is issued subject to the regulations contained in the Tigard Municipal Code, State of Ore. Specialty Codes and all other applicable laws. All work will be done in accordance with approved plans. This permit will expire if work is not started within 180 days of issuance, or if work is suspended for more than 180 days. ATTENTION: Oregon law requires you to follow rules adopted in the Oregon Utility Notification Center. Those rules are set forth in OAR 952 - 001 -0010 through OAR 952 -001 -0100. You may obtain copies of these rules or direct questions to OUNC by calling 503 - 246 -6699 or 1- 800 - 332 -2344. Issued By: P ermittee Signature: ��,�,��� Call 503 -639 -4175 by 7:00 a.m. for inspections that bus' .. . This permit card shall be kept in a conspicuous place on the job site unti completion of . roject. Approved plans are required on the job site at the time of each Inspection. Mechal _al Permit App .F" : ' , , , roiz OFFICE USE ONLY City of 7 rd . • ©�,� -f / Pisa Review /, PestaitNo.�jP° �// l�� 0 '-t7 /0i 13125 SW Hall b vet., Tigard OR 97223 Phone: 503.639.4171 Fax. 503.598.1960 FEB 0 3 ,;,�l, , ma `� Inspection Line: 503.639.4175 . J,1 - 11I . . Date Ready/By. Judi: let See Page 2 Ibr Internet www.citigard.or.us CITY OF r _ ti t y t • Nobfiod/Metbort Supplemental Information 4i s r . i. ; ,f,py . \ r , . - R �' ? '` + 1 - . :-,• . , J � e_. 1 ! t *.!3 [ a t ! n .( / 1:.;- T . e ! C1 - CI♦�t . l... ❑ New construction Addition/altmationheplacement Meehaaical permit fees* are based on the value of the work performed Indicate the value (ramded to the nearest dollar) of all Demolition ❑ Oth r. mechanical materials, equipment, labor, overhead, and profit ;:;,; ••- ,Y:.<,r =- -=�r= ,�. c2.:5.:,... .: ;- .:,; :; - Value: S . , ; e F, ✓f l) a��f -4�r\k {t hip;; ! _ __ -_ • . k. i�� te YJ; -" l ! ^1 I t:: ^ o Y :. ✓1 Q 1 and 2 family dwell rr Commercial/mdustr•ial 0 Accessory building • ._: •:• , . _. - SN _u., 1 . i_c �. ,... )Tn `lie (`_ "�a 0 Multi - family II Master bolder 0 Other. For special information use checklist Description I Qty. 1 Ea. I Total a ! I T4.17 : eZY I;eS.(rl:l HeatIneleooUng /� /� Air conditioning or heat pump Job site address: -75 S u.) TCC c .c= 6,er 9� i R (regimen site plan showing plaoemmt) 14.00 City /State/ZIP: A R J R 9 7 z� 3 Furnace 100,000 BTU (duets/vents) 14.00 Suite/bldgiapt no.: ' / I Project name: Furnarx 100,000+ BTU (ducts/vents) 17.90 Gas heat pump 14.00 Cross street/directions to job site: _ Duct work 14.00 Hydronic hot water system 14.00 Residential boiler (radiator or . hydronic) 14.00 Unit heaters (fuel -type, not electric), in -wall, in-duct, suspended, etc. 10.00 Subdivision: I Lot no.: Flue/vent for any of above 10.00 Other: 10.00 Tax map /parcel no.: Other fuel appliances _ _ 1 }r� p �+ti a ��t� T ' * �i . . 74 •t� 7� n 'T 1. 1' 0 -•::!:#4 • . . � " �; 5 ;�'•�.t `�:� ..` Water heater 1000 rhea < y.. tl ,p•y ., r'�4.• . �a &'; Gas fireplace 10.00 Pt./ 5(-4 / �/ LL,.. % .R ✓t C VE EV / 5 7 ij/,'r TO /Li Flue vent for water heater or gas 6 I GIC- !? oPt /l cJ r/•) 0 o r -n/ PJ fireplace 10.00 / Log lighter(gas) 10.00 (-71 I- � e-f( -- W f EC-OA./ D v" / s e ..- 'e / New. l(17' Wood/pellet stove 10.00 0 ! 11,--L.- $ /1 C s v. 5 e � L i� Wood fireplace/insert rt _ _ 10 .00 - .. „+ . ;r+ �.,�<< C himney/line r /flue /ve 10.00 �;, : - y s� ti... �°�'�•:r'� i;3 :�y other 10.00 Name: LI � :. y / 0 7 A./ 5 g Environmental exhaust and ventilation Address: 7.5 stn/ 7 - - 4 Ce -I r-b.vz , �2" equipment d/other kitchen 10.00 City/StatefLIP: r 7 A 2 ` 9 7 Z Z, 3 Clothes dryer exhaust 10.00 / / Single-duct exhaust (bathrooms, Phone: ( ) Fax: ( ) toilet compartments, utility rooms) 6.80 ; T.' G 'S. ,3i.17: ;; . .`.' ?•- �i r i4... : :. - , c ;S3 -Ar �'��N ' • `� t' tiE; eo1' �;% • e ,at-.am . Attidaawlspacefans 10.00 "tiny�•� ^S4'�' sr�£�.-n;'!is•�i � �� a"; ��Ei''" »�:t".�'.- �'�s'>;,�.�- :;�.ao'c� x!yL�'3'a°.w`�i: " Other" 10.00 Business name: A A ._ / - N) Ga [... Fuel piping Contact name: � /zRt/ �f� /e_c_J-4 az, $5.40 for first four 51.00 for each additional Address: f � .. el . c ‘9.,) V . !�G1 rl , Furnace, do Gas heat pump City /State/ZIP: 17 LA r [1■J / OR 97 (5Z0 2- ' . Wal/suspended/unitheater Phone: ( ) i� 9 Z. -,/c C ` Fax: : ( ) 6,,"7 / _ / ? ) Water heater Fcreplace E -mail: Range *"T AF- rr�.; ^_ - rj` 'ng7. :;-ct f - �;r ii` i?T :i G /. -ti i T ; - �I _ Clothes dryer (gas) Business name: 127'L �,�/ / 'L ' ' N (f/dl L Other (� 4 Address: ' / ''' i.l -''' -'''z q-', r- 4fri `� r. A,n :-c.Z:7:: ;E: City/StatrJZlP: . _. _ � v Subtotal 7 . Is Phone: ( ) Fax: ( ) I. : Minimum permit fee ($72.50) Plan review (25% of permit fee) / CCB lic.: 57 ' 3' 0 4 St ate surcharge (8% of permit fee) J"1. - 5 '/7 i / TOTAL PERMIT FEE /q 3 . (pt.i signature: Authorized Z/2-/e within permit application expires If a permit b oat obtained win recd a days after It has been accepted as complete. . -• _ . -• -- / t + � t I .. _... i • V .......1.,..1..t....•.... 1.., r.:- r'......., [4.:1.4;... T...1........ C.......;,.. n.. -a CITY OF TIGARD ll EC_ BUILDING DIVISION PERMIT #:a /3 — DO Q -7 3. 13125 SW Hall Blvd., Tigard, OR 97223 DATE ISSUED: Phone: (503) 639 -4171 A iil� Inspection Requests (24 Hrs.): (503) 639 -4175 _-__.� ` °' INSPECTION WORKSHEET FOR DATE: TIME: PAGE: SITE ADDRESS: - 7sss - 77 -- , Li -A CLASS OF WORK: SUBDIVISION: LOT #: TYPE OF USE: PROJECT NAME: DESCRIPTION: OWNER: a& 6 PHONE #: CONTRACTOR: PHONE #: Inspection Request Scheduled For: Date: Pour Time: Code # Inspection Description Confirm # Contact # Message 699 1' ''1' z -k 7q.3-3 0 - 7 q", 00 Corrections /Comments /Instructions: der r �� i-U-4--1 me . /li . / • „ .II , /1 it) _ _ _ . - - - - - - - / 111 AIIIMIPOIM , it.., II • ►11/rr ' v -4‘ ASS ❑ PARTIAL APPROVAL ❑ CANCEL ❑ NO ACCESS ❑ FAIL II CALL FOR INSPECTION ❑ ADDITI NAL ( ES ASSESSED Inspector: 4 � 1L Date: (� Phone #: (503) 718- Z�-Z low A RGE P A NS FOR - 'H S n =E A R E N - =HE RECORJS ROOM