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Planning Commission Agenda
TIGARD
MEETING DATE: July 19, 2010; 7:00 p.m.
MEETING LOCATION: City of Tigard—Town Hall
13125 SW Hall Blvd.,Tigard, OR 97223
1. CALL TO ORDER 7:00 p.m.
2. ROLL CALL 7:00 p.m.
3. COMMUNICATIONS—7:02 p.m.
4. CONSIDER MINUTES 7:04 p.m.
5. PUBLIC HEARING— 7:05 p.m.
DEVELOPMENT CODE AMENDMENT (DCA) 2010-00004
-USE CLASSIFICATIONS-
REQUEST: The City of Tigard proposes to amend Community Development Code Chapter 18.130 in a
manner that redistributes and clarifies the descriptive nature of each use classification. Allowed, restricted, or
non-allowed uses are not being substantially affected with the exception of uses categorized as Personal
Services and Repair-Oriented-Retail. Proposed changes will also clarify the distinction between primary and
accessory uses. LOCATION: Citywide.
6. WORK SESSION— 8:05 p.m.
Economic Opportunities Analysis Meeting
7. OTHER BUSINESS — 8:50 p.m.
8. ADJOURNMENT—8:55 p.m.
PLANNING COMMISSION AGENDA—JULY 19, 2010
City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 of1
City of Tigard
Ph
- . . I PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGAL
TIGARD 'I NOTICE SECTION OF THE TIGARD TIMES, THE FOLLOWING:
PUBLIC HEARING ITEM:
The following will be considered by the Tigard Planning Commission at a Public Hearing on Monday July 19, 2010 at
7:00 PM at the Tigard Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard, Oregon.
Public oral or written testimony is invited. The public hearing on this matter will be held under Title 18 and rules of
procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Section 18.390.060.E. The
Planning Commission's review is for the purpose of making a recommendation to the City Council on the request. The
Council will then hold a public hearing on the request prior to making a decision.
Further information may be obtained from the City of Tigard Planning Division (Staff contact: John Floyd) at 13125 SW
Hall Blvd.,Tigard, Oregon 97223,by calling 503-718-2440 or by e-mail to johnfl@tigard-or.gov.
DEVELOPMENT CODE AMENDMENT (DCA) 2010-00004
- USE CLASSIFICATIONS -
REQUEST: The City of Tigard proposes to amend Community Development Code Chapter 18.130 in a manner that
redistributes and clarifies the descriptive nature of each use classification. Allowed, restricted, or non-allowed uses are not
being substantially affected with the exception of uses categorized as Personal Services and Repair-Oriented-Retail.
Proposed changes will also clarify the distinction between primary and accessory uses. LOCATION: Citywide. ZONE:
Citywide. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.130, 18.380 and 18.390;
Comprehensive Plan Goals 1, Public Involvement; Goal 2, Land Use Planning; Goal 9, Economic Development; Goal 10,
Housing; and Statewide Planning Goals 1, 2, 9 and 10. The proposed amendments are available for review on the City's
website at http://www.tigard-or.gov/city hall/departments/cd/code amendment.asp.
TT PUBLISH DATE: JULY 1, 2010
(THERE IS NO MAP TO BE PUBLISHED WITH THIS LEGAL AD. THANK YOU.)
PLEASE SIGN IN HERE
111 If
Tigard Planning Commission TIGAIW
Agenda Item # Page 1 of f Date of Hearing 1 -\ O
Case Number(s) ()C. P\`20 l O Od no Case Name Lk C`o,SS
Location ' y(A)t3
If you would like to speak on this item, please CLEARLY PRINT
your name, address, and zip code below:
Proponent (FOR the proposal): Opponent (AGAINST the proposal):
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Agenda Item: #5
Hearing Date: July 19,2010 Time: 7:00 PM
STAFF REPORT TO THE
UI
PLANNING COMMISSION .
FOR THE CITY OF TIGARD, OREGON TIGARD
SECTION I. APPLICATION SUMMARY
CASE NAME: USE CLASSIFICATIONS DEVELOPMENT CODE AMAENDMENT
CASE NO.: Development Code Amendment (DCA) DCA2010-00004
PROPOSAL: The City of Tigard proposes to amend the Use Classifications Chapter (TDC 18.130) of
the Tigard Development Code (TDC) in an amendment package designed to improve
code administration by clarifying and simplifying the land use categories that are a major
base component of the TDC. The purpose of the amendments is not to expand or
restrict existing uses allowed within the Tigard Zoning Code. Rather, the amendment
seeks to improve the existing code by making it consistent, clear, and as simple as
possible. Minor associated amendments to the Definitions Chapter (TDC 18.120) and
the Zoning Districts Chapters (TDC 18.510, 520, and 530) are also proposed. The
proposed code text amendments for the Planning Commission's review are appended in
Attachment 1 and summarized below in Section IV of this report:
APPLICANT: City of Tigard
13125 SW Hall Blvd.
Tigard,OR 97223
ZONES: Citywide
LOCATION: Citywide
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.120, 18.130, 18.380, and 18.39 0; 18.510,
18.520, 18.530; Comprehensive Plan Goal 1, Public Involvement; Goal 2, Land Use
Planning; Goals 9, Economic Development; Goal 10, Housing; and Statewide Planning
Goals 1, 2, 9 and 10.
SECTION II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission find in favor of the proposed code text amendments
(Attachment 1) to improve the existing code by clarifying and simplifying the Use Classifications Chapter and
associated amendments to the Definitions and Zoning Districts Chapters, with any alterations as determined
through the public hearing process,and make a final recommendation to the Tigard City Council.
USE CATEGORIES DEVELOPMENT CODE AMENDMENT DCA2010-00004
7/19/2010 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 1 OF 6
SECTION III. BACKGROUND INFORMATION
The existing Use Classifications chapter (TDC 18.130) was last amended in 2006, but remains insufficiently
detailed to enable some land uses to be clearly identified and assigned to a land use category. Similarly, the
existing language does not provide sufficient clarity regarding how the city is to regulate land uses which are
incidental and accessory to the primary use of a property. The resulting ambiguities result in administrative
burdens for both the City and the public. As a central element of the Tigard Development Code, this chapter
is the first major Development Code Amendment being forwarded as part of the Regulatory Improvement
Initiative.
SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
APPLICABLE PROVISIONS OF THE TIGARD DEVELOPMENT CODE
Tigard Development Code Section 18.380.020, Legislative Amendments to this Title and Map, states
that legislative zoning map and text amendments shall be undertaken by means of a Type IV
procedure, as governed by Section 18.390.060G.
FINDING:
The proposed text amendment would apply City-wide. Therefore, the amendment will be reviewed under the
Type IV legislative procedure as set forth in the chapter. This procedure requires public hearings by both the
Planning Commission and City Council.
Section 18.390.060.G establishes standard decision-making procedures for reviewing Type IV
applications. The recommendation by the Commission and the decision by the Council shall be
based on consideration of the following factors: 1) The Statewide Planning Goals and Guidelines
adopted under Ore on Revised Statutes Chapter 197; 2) Any federal or state statutes or regulations
found applicable; 3) Any applicable METRO regulations; 4) Any applicable comprehensive plan
policies; and 5)Any applicable provisions of the City's implementing ordinances.
FINDING:
Findings and conclusions are provided in this section for the applicable listed factors on which the recommendation
by the Commission and the decision by the Council shall be based.
CONCLUSION: Based on the findings above, staff concludes that the proposed code text amendment is
consistent with applicable provisions of the Tigard Development Code.
STATEWIDE PLANNING GOALS AND GUIDELINES
State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in
compliance with the state land use goals. Because the Use Classifications Development Code Amendment has
a limited scope and the text amendments address only some of the topics in the Statewide Planning Goals, only
the goals addressed below apply.
Statewide Planning Goal 1—Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and
changes to the Comprehensive Plan and implementing documents.
FINDING:
This goal has been met by complying with the Tigard Development Code notice requirements set forth in
Section 18.390. A notice was published in the Tigard Times newspaper prior to the hearing. After the
Planning Commission public hearing, additional notice will be published prior to the City Council hearing.
Two public hearings are held (one before the Planning Commission and the second before the City Council) at
which an opportunity for public input is provided.
USE CATEGORIES DEVELOPMENT CODE AMENDMENT DCA2010-00004
7/19/2010 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 2 OF 6
Statewide Planning Goal 2—Land Use Planning:
This goal outlines the land use planning process and policy framework.
FINDING:
The Department of Land Conservation and Development (DLCD) has acknowledged the City's
Comprehensive Plan as being consistent with the statewide planning goals. The Development Code
implements the Comprehensive Plan. The Development Code establishes a process and standards to review
changes to the Comprehensive Plan. As discussed within this report, the applicable Development Code
process and standards have been applied to the proposed amendment.
Statewide Planning Goal 9—Economic Development:
This goal seeks to provide adequate opportunities throughout the state for a variety of economic
activities vital to the health,welfare, and prosperity of Oregon's citizens.
FINDING:
The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as
being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Economic
Development goal and policies is discussed later in this report.
Statewide Planning Goal 10—Housing
This goal seeks to provide for the housing needs of citizens of the state.
FINDING:
The Department of Land Conservation and Development has acknowledged the City's Comprehensive Plan as
being consistent with the statewide planning goals. Consistency with the City's Comprehensive Plan Housing
goal and policies is discussed later in this report.
CONCLUSION: Based on the findings above and the related findings below, staff finds that the
proposed code text amendment is consistent with applicable Statewide Planning Goals.
TIGARD COMPREHENSIVE PLAN
State planning regulations require cities to adopt and amend Comprehensive Plans and land use regulations in
compliance with the state land use goals and consistent with Comprehensive Plan Goals and Policies. Because
the Use Classifications Development Code Amendment has a limited scope and the text amendments address
only some of the topics in the Tigard Comprehensive Plan, only the goals addressed below apply.
Comprehensive Plan Goal 1: Citizen Involvement
Goal 1.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate in all
phases of the planning process.
FINDING:
The City mailed notice of the Planning Commission hearing to interested citizens and agencies. On July 1, 2010
the City published notice of the Planning Commission hearing in The Times. After the Planning Commission
public hearing, additional notice will be published prior to the City Council hearing. These two public hearings
before the Planning Commission and the City Council provide opportunity for public input.
With these public involvement provisions, the proposed Development Code Amendment is consistent with
applicable Citizen Involvement policies.
Comprehensive Plan Goal 2: Land Use Planning
Goal 2.1: Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as
the legislative foundation of Tigard's land use planning program.
FINDING:
The proposed development code amendment would reformat the existing Use Classifications Chapter to
fprovide greater clarity for improved administration of the development code. The subject code amendment is a
oundational amendment to the code as one of a succession of planned amendments in the Regulatory
USE CATEGORIES DEVELOPMENT CODE AMENDMENT DCA2010-00004
7/19/2010 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 3 OF 6
Improvement Initiative designed to maintain an up-to-date development code, consistent with the applicable
provisions of the Land Use Planning Goal.
Comprehensive Plan Goal 9: Economic Development
Goal 9.1: Develop and maintain a strong, diversified, and sustainable local economy.
FINDING:
The proposed development code amendment would reformat the existing Use Classifications Chapter to
providedpgreater clarity for improved administration of the development code. The subject code amendment
would clarify the commercial and industrial use categories to facilitate existing and emerging economic
development activities, consistent with the applicable provisions of the Economic Development Goal.
Comprehensive Plan Goal 10: Housing
Goal 10.1 Provide opportunities for a variety of housing types to meet the diverse housing needs of
current and future City residents.
Goal 10.2 Maintain a high level of residential livability.
FINDING:
The proposed development code amendment would reformat the existing Use Classifications Chapter to
provided greater clarity for improved administration of the development code. The subject code amendment
would reformat the residential use categories for clarity and include the addition of more detail regarding
accessory uses to facilitate application of appropriate development regulation, consistent with the applicable
provisions of the Housing Goal.
CONCLUSION: As shown in the findings above, staff concludes that the proposed code text
amendment is consistent with the applicable Statewide Planning Goals (Citizen
Participation, Land Use, Economic Development and Housing), the applicable
Comprehensive Plan goals and policies and the applicable provision of the City's
Implementing Ordinances. No federal or state statutes or regulations were found to be
applicable. No METRO regulations were found to be applicable.
PROPOSED TEXT AMENDMENTS TO THE TIGARD DEVELOPMENT CODE
Please refer to Attachment 1, Proposed Use Categories Development Code Amendment (July 12, 2010)
for the complete proposed code text amendment for Chapter 18.130. The following summarizes the proposed
changes:
• Changing the name of the Chapter from Use Classifications to Use Categories.
• Revising and expanding the purpose statement. (TDC 18.130.010).
• Including a new section that will guide administration of the chapter (TDC 18.130.015), including the
distinction between primary and accessory uses.
• Clarification of existing use categories by reformatting the existing use descriptions into four general
subcategories applicable to each use category: Characteristics, Accessory Uses, Examples, and
Exceptions (TDC 18.130.020). Existing language is being retained as much as practicable, but
expanded and clarified where necessary.
• Minor text corrections and formatting changes within the Zoning District Chapters (TDC 18.510-
18.530) to coincide with changes being made to the Use Classification Chapter.
• Creates the "Custom Arts and Crafts" land use category, recently established as part of the Tigard
Downtown District Development and Design Standards (Ordinance 10-2). Under Ordinance 10-2,
USE CATEGORIES DEVELOPMENT CODE AMENDMENT DCA2010-00004
7/19/2010 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 4 OF 6
this land use category was inserted into the Commercial Zones Use Table (TDC Table 18.520.1) and
the Definitions chapter (TDC 18.120.030.A.61), but not the Use Classifications chapter. The proposed
language copies and expands upon that used in the Definitions chapter (Section 18.120).
• Specific exceptions for incidental and temporary outdoor activities, such as Christmas tree sales lots,
which have been regulated the same as permanent "Outdoor Sales" land uses (TDC
I 8.130.020.C.12.d.3).
• New language clarifying the intent of two use categories which will result in a change of allowable uses
within the "Personal Services" and "Repair-Oriented Retail" use categories. Dry-cleaners and drop-off
laundry facilities would be considered "Repair-Oriented Retail" rather than "Personal Services." As a
result of this reclassification, these uses will no longer be allowed within the following Zoning Districts:
C-P (Professional/Administrative Commercial District), and MUR-1 &MUR-2 (Mixed Use Residential
Districts). As required under ORS 227.186, Measure 56 notices were sent to all property owners within
these zoning districts.
• Assignment of uses not addressed in past versions of the code, including, "doggy-daycares" as Repair-
Oriented Retail and"beverage container redemption centers" as Personal Services.
SECTION V. STAFF ANALYSIS
Staff comment explaining each of the proposed amendments can be found within Attachment 1, Proposed
Use Categories Development Code Amendment(July 12, 2010).
The proposed code amendment is organized by Development Code chapter number.
Even-numbered pages contain commentary on the amendments,which are contained on the opposite
(following) odd-numbered page. The commentary establishes,in part, the legislative intent in adopting these
amendments.
SECTION VI. OTHER ALTERNATIVES
No Action — The code would remain unchanged. The existing ambiguities result in substantial administrative
burdens for both the City and the general public.
Expanded Action — The subject code amendment is substantially a reformatting exercise. Many substantive
code improvement elements have been identified in the process. Staff has made a determined effort to avoid
scope creep by limiting this foundational code amendment to simplification and clarification of existing code
and to leave substantive improvements to future code amendment packages. However, there may be some
more or less discrete additions to the proposed scope that the Commission may want to consider, for example,
adding new use categories such as parks and open space, or combining existing use categories such as outdoor
and retail sales or community recreation and outdoor entertainment. Because these issues may trigger additional
Measure 56 notice and require further analysis, staff does not recommend their inclusion at this time.
Alternate Actions — Convert the existing use classifications to a list of explicit uses, or determine some other
approach.
USE CATEGORIES DEVELOPMENT CODE AMENDMENT DCA2010-00004
7/19/2010 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 5 OF 6
SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS
City of Tigard Development Services, Building Division and Public Works were notified of the proposed
code text amendment and did not provide comment.
Local and State Jurisdictions including The Cities of Beaverton, Durham, King City, Lake Oswego,
Portland and Tualatin, Washington County, and METRO, ODOT, DLCD, DEQ were notified of the
proposed code text amendment but provided no comment.
Utility Providers and Special Agencies including Portland Western and Southern Pacific Railroads,
PGE, Tigard Tualatin and Beaverton School Districts, Tri-Met, NW Natural, Comcast Cable,
Verizon, and Qwest were notified of the proposed code text amendment but provided no comment.
ATTACHMENTS:
Attachment 1: Proposed Use Categories Development Code Amendment(july 12, 2010)
July 12, 2010
PREPARED BY: Gary Pagenstecher DATE
Associate Planner
July 12, 2010
APPROVED BY: Ron Bunch DATE
Community Development Director
USE CATEGORIES DEVELOPMENT CODE AMENDMENT DCA2010-00004
7/19/2010 PUBLIC HEARING,STAFF REPORT TO THE PLANNING COMMISSION PAGE 6 OF 6
City of Tigard
Use Categories Development Code Amendment
DCA2010-00004
July 12, 2010
Acknowledgements
Tigard City Council
Mayor Craig Dirksen
Council President Nick Wilson
Councilor Gretchen Buehner
Councilor Sydney Webb
Councilor Marland Henderson
Tigard Planning Commission
Tom Walsh,President
Jeremy Vermilyea,Vice President
Tom Anderson
Margaret Doherty
Karen Ryan
Timothy L. Gashke
Stuart Hasman
Donald Schmidt,Alternate
Richard Shavey,Alternate
Tigard Staff
Craig Prosser, City Manager
Ron Bunch, Community Development Director
Susan Harnett,Assistant Community Development Director
Gary Pagenstecher,Associate Planner
John Floyd,Associate Planner
Cheryl Caines,Associate Planner& Code Editor
Doreen Laughlin, Senior Administrative Specialist
Patty Lunsford, Planning Assistant
Table of Contents
Project Summary 1
Background 1
How to Read the Development Code Amendment 3
Proposed Development Code Amendments 5
This page intentionally left blank
Background
The existing Use Classifications chapter (TDC 18.130) was last amended in 2006,but remains
insufficiently detailed to enable some land uses to be clearly identified and assigned to a land use
category. Similarly, the existing language does not provide sufficient clarity regarding how the
city is to regulate land uses which are incidental and accessory to the primary use of a property.
The resulting ambiguities result in administrative burdens for the City and uncertainty for
developers,property owners, and the general public. As a central element of the Tigard
Development Code, amendments to this chapter are the first major Development Code
Amendment being forwarded as part of the Regulatory Improvement Initiative.
Project Summary
The Use Categories Development Code Amendment is an amendment package designed to
improve code administration by clarifying and simplifying the land use categories that are a
major base component of the Tigard Development Code (TDC). The purpose of the
amendments is not to expand or restrict existing uses allowed within the Tigard Zoning Code.
Rather, the amendment seeks to improve the existing code by making it consistent, clear, and as
simple as possible.
➢ The proposal includes changing the name of the Chapter from Use Classification to Use
Categories.
➢ The proposal includes revising and expanding the purpose statement. (TDC 18.130.010).
➢ The proposal includes a new section that will guide administration of the chapter (TDC
18.130.015),including the distinction between primary and accessory uses (TDC
18.120.030& 18.130.015).
➢ The proposal includes clarification of existing use categories by reformatting the existing
use descriptions into four general subcategories applicable to each use category:
Characteristics,Accessory Uses,Examples,and Exceptions (TDC 18.130.020). Existing
language is being retained as much as practicable,but expanded and clarified where
necessary.
➢ The proposal includes minor text corrections and formatting changes within the Zoning
District Chapters (TDC 18.510-18.530) to coincide with changes being made to the Use
Classification Chapter.
➢ The proposal creates the"Custom Arts and Crafts"land use category,recently established
as part of the Tigard Downtown District Development and Design Standards (Ordinance
10-2). Under Ordinance 10-2,this land use category was inserted into the Commercial
Zones Use Table (TDC Table 18.520.1) and the Definitions chapter (TDC
18.120.030.A.61),but not the Use Classifications chapter. The proposed language copies
and expands upon that used in the Definitions chapter.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 1
➢ The proposal includes specific exceptions for incidental and temporary outdoor activities,
such as Christmas Tree Lots,which have been regulated the same as permanent"Outdoor
Sales"land uses (TDC 18.130.020.C.12.d.3).
➢ The proposal includes new language clarifying the intent of two use categories which will
result in a change of allowable uses within the "Personal Services" and"Repair-Oriented
Retail"use categories. Dry-cleaners and drop-off laundry facilities would be considered
"Repair-Oriented Retail"rather than"Personal Services." As a result of this
reclassification, these uses will no longer be allowed within the following Zoning Districts:
C-P (Professional/Administrative Commercial District), and MUR-1 &MUR-2 (Mixed
Use Residential Districts). As required under ORS 227.186,Measure 56 notices were sent
to all property owners within these zoning districts.
➢ The proposal includes as examples new uses not addressed in past versions of the code,
including, "doggy-daycares" and"beverage container redemption centers".
Use Classification Development Code Amendment DCA2010-00004
Page 2 July 12, 2010
How to Read the Development Code Amendments
This section is organized by Development Code chapter number.
Even-numbered pages contain commentary on the amendments,which are contained on the
opposite (following) odd-numbered page. The commentary establishes,in part, the legislative
intent in adopting these amendments.
Odd-numbered pages show the existing language with proposed amendments. Text that is
proposed to be added to the code is shown in red font with double underlines. Text that is
proposed to be deleted is shown with strikcthrough formatting.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 3
Commentary
The Tigard Development Code does not distinguish between primary and accessory uses. The
proposal includes definitions for each which will be inserted into the existing list of Definitions
chapter,which will be renumbered to accommodate the new terms. Both definitions match
language also contained in the revised Use Categories chapter (18.730).
Use Classification Development Code Amendment DCA2010-00004
Page 4 July 12, 2010
Code Amendments
PROPOSED AMENDMENTS
Chapter 18.120
Definitions
18.120.030 Meaning of Specific Words and Terms
A. For additional words and terms, see also Use Classifications (Chapter 19.130);Mixed
Solid Waste and Recyclable Storage (Chapter 18.775); Sensitive Lands (Chapter 18.775);
Signs (Chapter 18.780);Tree Removal (Chapter 18.790); and Wireless Communication
Facilities (Chapter 18.798). As used in this title, the following words and phrases mean:
5. "Accessory Use" - Uses or activities which are a subordinate part of a primary use
and are clearly incidental to a primary use on site. Developments may have more than
one accessory use.
137. "Prima se" -A .rima use is the a ti • or ombination of a ti ities of chief
importance on the site, and the main purposes for which the land or structures are
intended,designed,or ordinarily used. Developments may have more than one primary
use.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 5
Commentary
Proposed changes to TDC 18.130.010 clarify the chapter purpose, and how land uses are to be
categorized into functional categories.
This page also contains an entirely new Section (TDC 18.130.015),which provides more detail
on how uses are to be classified. Subsection A expands upon the chapter purpose and provides
administrative direction on how uses are to be categorized. As part of this administrative
direction on use categories, the purpose of the "Characteristics" subsection of each use category
is defined and the concept of primary versus secondary uses is introduced and defined.
The proposal also reduces the number of subsections by expanding the number of sections from
three to nine. Uses are also being reorganized into alphabetical order. The purpose is to ease
navigation and reduce the length and complexity of citations.
Use Classification Development Code Amendment DCA2010-00004
Page 6 July 12, 2010
Code Amendments
CHAPTER 18.130
USE CLASSIFICATIONS CATEGORIES
Sections:
18.130.010 Purpose
18.130.015 Classification of Uses
18.130.020 Listing of Use Classifications
18.130.025 Category Titles
18.130.030 _ .: . _ : . . • - . . _ - Omitted and Unanticipated Uses
18.130.040 Residential Use Categories
18.130.050 Civic Use Categories
18.130.060 Commercial Use Categories
18.130.070 Industrial Use Categories
18.130.080 Other Use Categories
18.130.010 Purpose
A. Purpose. The purpose of this chapter is to classify uses into a limited number of use types
on the basis of common functional, product or compatibility characteristics, thereby
providing a basis for the regulation of uses in accordance with criteria which arc directly
relevant to the public interest. This Chapter classifies land uses and activities into use
categories on the basis of common functional, product, or physical characteristics.
Characteristics include the type and amount of activity, the type of customers or residents,
how goods or services are sold or delivered, and certain site factors. The use categories
provide a systematic basis for assignment of present and future uses to zones. The decision
to allow or prohibit the use categories in the various zones is based on the goals and
policies of the Comprehensive Plan.
18.130.015 Classification of Uses
A. Considerations.
1. The "Characteristics" subsection of each use category describes the characteristics of
each use category. Uses are assigned to the category whose description most closely
describes the nature of the primary use. A primary use is the activity, or combination of
activities of chief importance on the site, and the main purposes for which the land or
structur-s are intended desi•ned or ordinaril used. Accesso Uses are uses or
activities which are a subordinate part of a primary use and are clearly incidental to a
primary use on site. Developments may have more than one primary use. Developments
may also have one or more accessory uses. Developments with more than one primary
use are addressed in Subsection B. below.Accessory uses are addressed in Subsection C.
below.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 7
Commentary
Proposed amendments on the opposite page contain additional language being added under
section 18.130.015. This new language includes the addition of criteria to be used when
assigning proposed or existing land use to an appropriate category, how to administer
developments with multiple primary uses,how accessory uses are to be treated, and the
appropriate use of the new examples subsection under each use classification.
Use Classification Development Code Amendment DCA2010-00004
Page 8 July 12, 2010
Code Amendments
2. The following items are considered to determine what use category the use is in,and
whether the activities constitute primary uses or accessory uses:
a. The description of the activity(ies) in relationship to the characteristics of each use
categ
b. The relative amount of site or floor space and equipment devoted to the activity;
c. Relative amounts of sales from each activity;
d. The customer type for each activity;
e. The relative number of employees in each activity;
f. Hours of operation;
g. Building and site arrangement;
h. Vehicles used with the activity;
i. The relative number of vehicle trips generated by the activity;
j. in
k. How the use advertises itself; and
1. Whether the activity would be likely to be found independent of the other activities
on the site.
B. Developments with multiple primary uses.When all of the primary uses of a
development fall within one use category, then the development is assigned to that use
category. When the primary uses of a development fall within different use categories,
each primary use is classified in the applicable category and is subject to the regulations
for that category.
C. Accessory uses. Accessory uses are allowed by right in conjunction with the use unless
-• oth- . ' - in - r-• lation Al . unle the .i e s : ed the _re su.'e to th-
same regulations as the primary use. Common accessory uses are listed as examples with
the categories.
- of -x.m.l- h- "_x.m.l- " . - '•n .f h - -•• sr. is- : li •f
exam.les of uses that are included in the use cate•o . The names of uses on the lists are
generic. They are based on the common meaning of the terms and not on what a specific
use may call itself. For example, a use whose business name is "Wholesale Liquidation"
but that sells mostly to consumers,would be included in the Sales Oriented Retail
category rather than the Wholesale Sales category. This is because the actual activity on
the site matches the description of Sales Oriented Retail.
18.130.025 Category Titles
The n.mes of the use .to•oris tart . 'th a.ital letters throu•hout this title.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 9
Commentary
Changes to TDC 18.130.030 are intended to reinforce the use of use categories,rather than lists of
specific uses. This section is also being moved forward in the chapter, to provide adjacency with
other administrative notes regarding this Use Categories.
Use Classification Development Code Amendment DCA2010-00004
Page 10 July 12, 2010
Code Amendments
18.130.030 Unlisted Usc: Authorization of Similar Use Omitted and Unanticipated
Uses
A. Purpose. It is not possible to contemplate all of the various uses which will be compatible
within a zoning district. Therefore, unintentional omissions occur and unanticipated uses
ma not be clearl assi. able to a use cate.o . The purpose of these provisions is to
establish a procedure for determining whether certain specific uses would have been
permitted in a zoning district had they been contemplated and whether such unlisted omitted
and/or unanticipated uses are compatible with the listed uses.
B. Process. The Director shall render an interpretation,as governed by Chapter 18.340
C. Approval standards. Approval or denial of an unlisted use application by the Director shall
be based on findings that:
1. The use is consistent with the intent and purpose of the applicable zoning district;
2. The use is similar to and of the same general type as the uses use categories listed in the
zoning district;
3. The use has similar intensity, density, and off-site impacts as the uses use categories listed
in the zoning district, to be evaluated using the criteria set forth in Subsection
18.130.015.A.2;and
4. The use has similar impacts on the community facilities as the listed uses use categories.
Community facilities include streets, schools, libraries, hospitals, parks, police and fire
stations,and water, sanitary sewer and storm drainage systems.
D. Other provisions.
1. The Director shall not authorize an unlisted omitted and/or unanticipated use in a zoning
district if the use category is specifically listed in another zone as either a permitted us;
restricted use,or a conditional use.
2. The Director shall maintain a list by zoning district of approved unlisted uses and the list
shall have the same effect as an amendment to the use provisions of the applicable zone.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 11
Commentary
As discussed above, the proposal also reduces the number of subsections by expanding the
number of sections from three to nine. Uses are also being reorganized into alphabetical order.
The purpose is to ease navigation and reduce the length and complexity of citations.
On the opposite page, Residential Use Types moves from being a subsection (18.130.020.A) to a
full section (18.130.040). In addition, Group living has been reordered ahead of Household Living
for the purposes of alphabetizing the Section. Substantive changes to Group Living are limited to
the addition of more detail regarding accessory uses. Otherwise the new language and
reformatting are intended to add clarity.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
18.130.020 Listing of Use Categories
A. Residential use types.
2. Group Living: Living facilities for groups of unrelated individuals which includes at least
one person residing on the site who is responsible for supervising, managing, monitoring
and/or providing care, training or treatment of residents. Larger group living facilities
may also be characterized by shared facilities for eating,hygiene and/or recreation.
sororities/fraternities and convents/monasteries. Tenancy is longer than one month.
Does not include detention and post detention facilities (sec 18.130.020 E.3.,Detention
Facilities).
18.130.040 Residential Use Types
A. Group Living
1. Characteristics: Group Li in• is a li in• facili for !roues of unrelated individuals hich
includes at least one .erson resi.in• on the site .ho is res.onsi.le for sue e isin•
managing, monitoring, and/or providing care, training, or treatment of residents. Large
group living facilities may also be characterized by shared facilities for eating,hygiene,
and/or recreation. Does not include uses where tenanc ma be arran•ed for a •-riod of
less than one month,which are considered to be a form of commercial lodging or
transitional housing.
2. Accessory Uses: Accessory uses commonly found are recreational facilities and parking.
3. Examples: Examples include dormitories; communes; fraternities and sororities;
m•n. -ri- • on -n • n r n• • on ,1- -n •m- •m- • • hem- for -
.h sicall and mentall disabled• and some residential .ro• ams for dru• and alcohol
treatment.
4. Exceptions.
a. Does not include lodging meeting the definition of Transitional Housing,Detention
Facilities, and/or Commercial Lodging.
b. Does not include lodging where the residents meet the definition of Household, and
where tenancy is arranged on a month-to-month basis, or for a longer period,which
is classified as Household Living.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 13
Commentary
Substantive changes to the Household Living use categories are limited to the addition of more
detail regarding accessory uses. No change is being proposed to what constitutes a household or
dwelling unit, which are defined in the definitions chapter under sections 18.120.030.A.96 and
18.120.030.A.75. Otherwise the new language and reformatting are intended to add clarity.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
1. Household Living: Living facilities for small groups (households) of people who arc related
or unrelated, featuring self contained units including facilities for cooking, eating, sleeping
and hygiene. Tenancy is longer than one month. Includes most types of senior housing, c.g.,
congregate care, assisted living,if residents live in self contained units. The maximum
number of people who may reside in any given dwelling unit shall be determined by the
Uniform Building Codc.
B. Household Living
1. Characteristics: Household Living is characterized by the residential occupancy of a
dwelling unit by a household. Tenancy is arranged on a month-to-month basis, or for a
longer period. Uses where tenancy may be arranged for a shorter period are not
considered residential. They are considered to be a form of commercial lodging or
transitional housing.Apartment complexes that have accessory services such as food
service, dining rooms, and housekeeping are included as Household Living if tenancy
meets length of stay requirements and and residents have access to facilities for
individual meal preparation. The maximum number of people who may reside in any
given dwelling unit shall be determined by the State Building Code.
2. Accessory Uses:Accessory uses commonly found are recreational activities, keeping of
normal household pets,hobbies, and parking of the occupants'vehicles. Home
occupation, and accessory dwelling units are examples of accessory uses that are subject
to additional regulations.
3. Examples: Uses include living in houses, duplexes, apartments, condominiums,
r- .r-m-n -n -r ,.artments m,n f. tur-. housin• ,n. .th-r ur- ith -1f-
contained dwelling units. Includes most types of senior housing, e.g., congregate care,
assisted living,if residents live in self-contained units.
4. Exceptions:
a. Does not include for-profit lodging,where tenancy may be arranged for periods
less than one month. Such uses are considered a hotel or motel use and are
classified as commercial lodging,
b. Does not include lodging meeting the definition of Transitional Housing.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 15
Commentary
Substantive changes to Transitional Living are limited to the addition of more detail regarding
accessory uses. Otherwise the new language and reformatting are intended to add clarity.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
5. Transitional Housing: Public or non profit living facilities with samc characteristics
as Group Living but with tenancy less than one month. Examples include homeless
shelters,women's/children's shelters, drug/alcohol treatment facilities. Excludes
private,profit making short term housing (sec 18.130.020 C.1., Commercial
Lodging); and detention and post detention facilities (sec 18.130.020 E.3.,Detention
Facilities).
C. Transitional Housing
1. Characteristics: Transitional housing is characterized as public or non-profit living
facilities possessing the same characteristics as Household or Group Living,but with
tenancy less than one month.
2. Ac esso Uses: Acce sor uses commonl found are recr-ational fa ilities •arkin• of
autos for the occupants and staff, and parking of vehicles for the facility.
3. Examples: Examples include homeless shelters,women's/children's shelters,
drug/alcohol treatment facilities.
4. Exceptions:
a. Does not i clu.e for-•rofit lod•'n• .here to anc ma •e arran•ed for seriods less
than one month,which is considered a hotel or motel use and is classified as
Commercial Lodging
b. Does not include residential uses meeting the definition of Group Living.
c. Does not include residential uses where the residents meet the definition of
Household Living,
d. Does not include residential uses meeting the definition of Detention Facilities.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 17
Commentary
Changes to Basic Utilities includes the addition of new language describing the characteristics of
this category,to better clarify what constitutes as a"basic utility"versus other kinds of public
infrastructure.
Use Classification Development Code Amendment DCA2010-00004
Page 18 July 12, 2010
Code Amendments
B. Civic use types.
1. Basic Utilities: Community infrastructure, including watcr and sewer systems, telephone
exchanges,power substations and transit stations.
18.130.050 Civic Use Categories
A. Basic Utilities
1. Characteristics: Basic Utilities are infrastructure services which need to be located in or
near where the service is provided. Service may be public or privately provided.
2. A - • - • A - • u - •mm•nl faun_ ar- ..rkin•• .n• ontr•l monit•rin•_
data or transmission equipment and shelters,
3. Examples: Examples include water and sewer systems, telephone exchanges, power
substations, and transit stations.
4. Exceptions:
a. Utility Offices where employees or customers are generally present are classified as
offices.
b. Bus barns are classified as Warehouse/Freight Movement.
c. ubli or •ri •. _'e in 1 •• ' -, -m-n for - -x•r- • •s - of
transmittin. or trans.ortin. electrici .as oil .ater se.a•e communication si• als
or other similar services on a regional level are classified as Rail Lines and Utility
Corridors.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 19
Commentary
The description of Colleges has been expanded beyond the phrase"institutions of higher learning"
to provide greater clarity regarding the expected characteristics and examples for this land use
category. For profit trade and vocational schools are still excluded from this category.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
2. Colleges: Institutions of higher education with/without dormitories. Excludes private,
profit making trade and vocational schools (sec 18.130.020 C.1., Personal Services).
B. Colleges
1. Characteristics: Coll-•es are in titutiens of higher education leas n. to a •eneral or
specialized degree. They are certified by the State Board of Higher Education or by a
recognized accrediting agency. Tend to be in a campus like setting or on multiple blocks,
with or without dormitories.
2. Accessory Uses: Accessory uses commonly found include offices, housing for students,
food service, laboratories, health and sports facilities, theaters, meeting areas, parking,
maintenance facilities, and supporting commercial facilities.
3. Examples: Examples include universities, liberal arts colleges, community colleges,
nursing and medical schools not accessory to a hospital, and seminaries.
4. Exceptions:
a. Does not include private, for-profit trade and vocational schools which are
considered Personal Services.
b. Does not include public and private schools at the primary, elementary,middle,
junior high, or high school level that provide state mandated basic education.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 21
Commentary
The description for Community Recreation has been expanded to provide greater clarity regarding
the characteristics of this category. Examples remain the same.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
3. Community Recreation: Public or non profit rccrcational, social and multi purpose
facilities. Examplcs include: community centers, senior centers, indoor and outdoor
tennis/racquetball and soccer clubs, indoor/outdoor swimming pools, parks,
playgrounds, picnic areas and golf courses. Excludes commercial recreational facilities
(sec 18.130.020 3.C.3.c,Indoor Entertainment).
C. Community Recreation
1. Characteristics: Community Recreation uses are public or non-profit recreational, social
and multi-.0 .ose facilities of an indoor .nd or outdoor nature.
2. Accessory Uses: Accessory uses commonly found are parking, offices, athletic facilities,
clubhouses,picnic shelters, maintenance facilities,and concessions.
3. Examples: Examples include community centers, senior centers, indoor and outdoor
tennis/racquetball and soccer clubs, indoor/outdoor swimming pools, parks, playgrounds,
picnic areas and golf courses.
4. Exceptions:
a. Does not include uses meeting the definition of Cultural Institutions.
b. Does not include for-profit commercial recreational facilities which are considered
Entertainment-Oriented Commercial Uses.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 23
Commentary
The description for Cultural Institutions has been expanded to provide greater clarity regarding the
characteristics of this category. Accessory uses and examples remain the same.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
1. Cultural Institutions! Public or non profit cultural facilities including libraries, museums and
galleries. May include incidental and subordinate commercial uses such as a gift shop,
bookstore, and limited food and beverage services.
D. Cultural Institutions
1. Characteristics: Cultural Institutions are uses of a public or non-profit nature which
engage in the cultural, intellectual, historical, scientific, or artistic enrichment of the
'u h
2. Accessory Uses: Accessory uses commonly found are parking, gift shops, bookstores,
limited food and beverage services, and classrooms.
3. Examples: Examples include libraries,museums, and galleries.
4. Exceptions:
a. D.- . in lu_ u - m-- • - _-fini •.n of h..l or •ll-•-
b. Does not include uses meeting the definition of Community Recreation.
c. Does not include for-profit commercial recreational facilities which are considered
Entertainment-Oriented Commercial.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 25
Commentary
The Day Care use category has been compressed from four discrete types into one broad category.
This was done as the four subtypes do not correspond with how they are regulated in Use Tables
18.510.1 and 18.520.1. Both tables contain notes that state "In-home dare care which meets all
state requirements permitted by right; freestanding day care centers which meet all state
requirements permitted conditionally." Because the state may choose to amend how it regulates
day cares, the proposed language only includes the phrase "in a facility meeting all state
requirements" in order to avoid the necessity of updating the City's codes should the state amend
its regulations.
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Code Amendments
5. Day Care: As defined by Oregon State Statute:
a. Family Day Carc: Provision of day care services for children, with or without
compensation, in the home of the caregiver. May provide care for six or fewer
children full time, with an additional four or fewer full time or part time children.
During the school year, a family day care provider may care for four additional
children on days and during the hours that school is not in session. Such children
must be as least an age eligible for first grade. During summer vacation, a provider
may care for four additional day cart children of any age up to a maximum of four
hours per day. No more than a total of 10 children including the provider's own
children may be present at any one time.
b. Day Carc Group Home: Day care facility in which care is provided in the home of
the caregiver, with or without compensation, for 7 12 children. It is subject to
certification by the Children's Services Division.
c. Institutional Day Carc: Day care facility operated with or without compensation that
is certified by the state to care for 13 or more children, or a facility that is certified to
take care of 12 or fewer children and located in a building constructed as other than a
single family dwelling. Typical uses include nursery schools, prc schools,
kindergartens,before-and after school care facilities or child development centers.
E. Day Care
1. h,r, -ri I_ .r- i h- •r• i ion of -/t_Lr hil_ .r- h or .ih.
compensation, to four or more children by a person or person(s) who are not the child's
parent, guardian, or person acting in place of the parent, in a facility meeting all state
requirements.
2. Accesso Uses: Accessor uses commonl found are offices •la areas and •arkin•.
3. Exam.1- : Exam el- in lu•- nur - _ hool .efore-an.-aft-r hool ar- fa iliti- an.
child development centers,
4. Exceptions:
a. Does not include care given by the parents, guardians, or relatives of the children,
or by babysitters.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 27
Commentary
Similar to the Basic Utilities section, the Emergency Services category includes expanded language
to clarity the intent of this use category. Examples remain the same.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
6. Emergency Services: Public safety facilities including police and fire stations, emergency
communications and ambulance services.
F. Emergency Services
1. Characteristics: Emer•enc Se ices are public saf- facilities necessa for the
protection of life and property.
2. Accessory Uses: Accessory uses may include offices; meeting areas; parking; food
preparation areas; transmission equipment; and temporary holding cells within a police
station.
3. _x.m. - • x.m.1- in l.. .• - .le fir- , us, -m-r•- •mm._, ,:.n •
ambulance services.
4. Exceptions:
a. Does not include uses meeting the definition of Detention Facilities.
b. Does not include uses meeting the definition of Medical Centers.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 29
Commentary
The Medical Centers category retains substantially the same language describing its characteristics,
accessory uses, examples and exceptions but formatted to fit the new structure. The one main
addition is the inclusion of an exception to make clear that emergency services are not part of this
category.
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Code Amendments
7. Medical Centers: Facilities providing inpatient, outpatient and emergency and related
ancillary services to the sick and infirm. Usually developed in campus setting. Accessory
uses may include diagnostic and treatment facilities, laboratories, surgical suites,
kitchen/food service facilities; laundry, housekeeping and maintenance facilities;
administrative offices and parking. -:. -- - . . . .: -- -
for hospital based and/or private practice physicians and other allied health care
professionals;these medical office buildings are regulated as Offices.
G. Medical Centers
1. Characteristics: Medical Centers are facilities providing inpatient, outpatient, and
emergency and related ancillary services to the sick and infirm. Usually developed in a
.m. A. or on l..l- . •
2. Accessory Uses: Accessory uses may include diagnostic and treatment facilities,
laboratories, surgical suites, kitchen/food service facilities; laundry, housekeeping and
m,• -n.n - £ ilia- ._mini . • - •ffi - ,n. .. kin:
3. Examples. Ex.m.le in lude hos.itals an. medical com.lexes hat include hos.itals.
4. Exceptions:
a. Medical Centers may also include free-standing offices for hospital-based and/or
private-practice physicians and other allied health care professionals; these medical
office buildings are regulated as Offices
b. Does not include uses meeting the definition of Emergency Services
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 31
Commentary
The Postal Service category retains substantially the same language, but reformatted for the new
subcategories.
Religions Institutions maintains substantially the same language, but expanded to include examples
from various religions. Daycare is included as an accessory use to Religious Institutions,
formalizing a Director's Interpretation issued on January 28,2010.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
8. Postal Service: Refers to postal services and processing as traditionally operatcd by the
U.S. Postal Service, United Parcel Service or other similar entities. Such facilities include
customer sales,mail sorting and fleet truck storage.
H. Postal Service
1. Characteristics: Postal Service includes letter periodical and .acka.e deli e se i es
traditionally operated by the United States Postal Service and for-profit entities such as
United Parcel Service and Federal-Express. Such facilities typically include customer
sales, sorting facilities, and fleet truck loading and storage.
2. Accessory Uses: Accessory uses commonly found are offices, parking, and storage
facilities.
3. Exam•les. Examples include U. . ost Offices a d parcel .acka•e distribution centers.
9. Religious Institutions: Places of religious worship which may include related accessory
uses such as offices, classrooms, auditoriums, social halls, gymnasiums and other
recreational activities.
I. Religious Institutions
1. Characteristics: Religions Institutions provide meeting space that is primarily used for
religious worship.
2. Ac es o Uses: Accesso uses ma include offices classrooms da care parkin social
halls, and recreational activities.
3. Examples: Examples include churches, temples, synagogues, and mosques.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 33
Commentary
The Schools category has been expanded to provide greater clarity on the purpose of this use
category,in contrast to other types of education such as universities and vocational schools.
Social/Fraternal Clubs/Lodges retains the same descriptive language,but has been expanded to
include accessory uses and examples of allowed uses.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
10. Schools: Public and private elementary,middle and high schools.
J. Schools
1. h.r. t-ri : • h..' in lu_- .u.li ,n_ •ri - h..1 at th- •rim. -1-m-n .
middle,junior high, or high-school level that provide state-mandated basic education.
2. Accessory Uses: Accessory uses may include play areas, cafeterias, recreational and sports
facilities,athletic fields, auditoriums, and before-and-after-school daycare.
3. Examples: Examples include public and private daytime schools.
4. Exceptions:
a. Does not include preschools which are classified as Daycare uses.
b. Does not include private, profit-making trade and vocational schools which are
considered Personal Services.
c. Does not include uses meeting the definition of Colleges.
11. Social/Fraternal Clubs/Lodges: Non profit organizations with social, philanthropic and/or
recreational functions and activities.
K. Social/Fraternal Clubs/Lodges
1. Characteristics: Social/Fraternal Clubs/Lodges are non-profit organizations with social,
philanthropic, and/or recreational functions and activities.
2. A - • - • A - sr - •mm. f• n• ,r- •ffi - ,us• sri m .,r • • ,n•
limited food and beverage service.
3. Examples: Examples include Veterans of Foreign Wars posts, Elks Lodges, and Masonic
Temples.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 35
Commentary
Adult Entertainment remains substantially the same, but reformatted into the new subcategories.
Adult video stores are not included as examples because they are defined as an adult bookstore in
the definitions chapter (TDC 18.120.030.A.8).
Animal Related Commercial remains substantially the same,but with greater clarification on how
this category is distinguished from other use categories. Poultry and livestock are being clarified as
an agricultural use,as stated in the exceptions. This exception is based upon an existing note
under the residential use table (TDC Table 18.510.1,note "6") that links the two, stating"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." Similarly, a single dwelling unit for an on-site
caretaker or the owner/operator and their family has been added as an accessory use, consistent
with existing note "6" of TDC Table 18.530.1.
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Code Amendments
C. Commercial use types.
18.130.060 Commercial Use Categories
d. Adult Entertainment: Facilities including adult motion picture theaters, adult video/book
stores and topless, bottomless and nudc dance halls which include materials and
activities characterized or distinguished by an emphasis on matters depicting specified
sexual activities or anatomical areas.
A.Adult Entertainment
1. Characteristics: Adult Entertainment includes uses characterized or distinguished by an
emphasis on matters depicting specified sexual activities or anatomical areas.
2. Accesso Uses: Accessor uses commonl found include .arkin•.
3. Examples: Examples include adult motion picture theaters, adult book stores, and
topless,bottomless,and nude taverns and dance halls.
f. Animal related: Animal breeding and boarding facilities. Excludes pct sales/supplies
Personal Services);and veterinary clinics (sec 18.130.020 C.6., Offices).
B. Animal-related Commercial
1. Characteristics: Animal-Related uses are those engaged in breeding, and/or boarding of
normal household pets. Limited animal sales may or may not be part of the use.
2. Accessory Uses: Accessory uses commonly found include parking, office space, and
storage space.
3. Examples: Examples include animal breeders, kennels, overnight boarding facilities, and
a single dwelling unit exclusively occupied by an on-site caretaker or the kennel
owner/operator and family.
4. Exceptions:
a. Facilities where the primary activity is animal sales shall be considered Sales-
Oriented Retail.
b. Does not include animal grooming, which is considered Personal Services or
Repair-Oriented Retail.
c. Doe not in Jude -terina lini .hi h are onsi.ere. Office.
d. P. not a..1 • .• or li • k hi h ,re on is-r-. .n
Agriculture/Horticulture Use.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 37
Commentary
Bulk Sales retains substantially the same language,just reformatted.
Commercial Lodging retains substantially the same language, but reformatted to fit the new
subsections.
Use Classification Development Code Amendment DCA2010-00004
Page 38 July 12, 2010
Code Amendments
d. Bulk sales: Establishments which engage in the sales, leasing and rental of bulky
items requiring extensive interior space for display including furniture, large appliance
C, Bulk sales
1. Characteristics: Establishments engaging in the sales, leasing, and rental of bulky items
requiring extensive interior space for display.
2. Accessory Uses: Accessory uses commonly found include parking, office space, and
storage space.
3. Examples: Examples include furniture,large appliances, and home improvement.
4. Exce ons:
a. Does not include uses meeting the definition of Outdoor Sales.
b. Does not include Motor Vehicle Sales/Rental.
1. Commercial Lodging: Residential facilities such as hotels, motels, rooming houses and
bed and breakfast establishments where tenancy is typically less than one month. May
include accessory meeting and convention facilities and restaurants/bars.
D. Commercial Lodging
1. Characteristics: Commercial Lodging includes for-profit residential facilities where
tenancy is typically less than one month.
2. Accessory Uses: Accessory uses commonly found are parking, restaurants and bars,
meetin' and convention facilities and recreational facilities for • ests such as •ools and
m.
3. Examples: Examples include hotels, motels, rooming houses, and bed-and-breakfast
establishments.
4. Exceptions:
a. Does not include uses meetin' the definition of Grou. Livin' or Transitional
Housing -
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 39
Commentary
This land use category was introduced into the Tigard Development Code under Ordinance 10-2
which, amongst other things,established the Tigard Downtown District Development and Design
Standards. In that amendment Custom Arts and Crafts was established in Table 18.520.1,and in
the definitions chapter (TDC 18.120.030.A.61),but not in the Use Classifications Chapter (TDC
18.130) which is the repository of land use descriptions. The proposed amendment here fills this
gap.
Use Classification Development Code Amendment DCA2010-00004
Page 40 July 12, 2010
Code Amendments
E. Custom Arts and Crafts
1. Characteristics: Establishments engaged in the on-site manufacture and sale of crafts,
art, sculpture, pottery, stained glass, musical instruments, and similar items produced
without the use of a mechanized assembly line or large-scale machinery. Typically the
business is operated by an artist or craftsperson who may or may not be supported by a
small number of assistants.
2. Accessory Uses: Accessory uses commonly found include showrooms, sales facilities,
parking, office space, storage space, and temporary outdoor activities subject to further
regulation under 18.785.
3. Examples: Examples include artisans and artists procuding arts and crafts from
materials such as wood,glass, fabric, fiber, and painted images on canvas or other
portable materials.
4. Exceptions:
a. Does not include uses where customers come to paint or assemble their own
craft or artwork. Such uses are considered Sales-Oriented-Retail.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 41
Commentary
Eating and Drinking Establishments remains substantially the same, but with the addition of
accessory uses and an exception to clarify this category from grocery and convenience stores.
Both Outdoor and Indoor entertainment categories remain substantially the same regarding the
characteristics and examples of each use,with accessory uses and exceptions introduced for greater
clarity.
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Code Amendments
2. Eating and Drinking Establishments: Establishments which sell prepared food and
beverages for consumption on site or take away including restaurants, delicatessens, bars,
taverns,brew pubs and espresso bars.
F. Eating and Drinking Establishments
1. Characteristics: Eating and Drinking Establishments are characterized by the sale of
.r-..r-_ foes .no .- -r.•- for on um.ti•n .n- it- or .k- .
2. Accessory Uses: Accessory uses commonly found are parking and outdoor seating areas.
3. Examples: Examples include restaurants, delicatessens, retail bakeries, taverns, brew-
pubs, and espresso bars.
4. Exceptions:
a. I•- no in lu:- • . - .r- ,n. on -ni-n - •r- .hi h ,r- L. ifi-.
Sales-Oriented General Retail.
c. Indoor Entertainment: Commercial indoor facilities such as health/fitness clubs,
tennis, racquetball and soccer centers, recreational centers, skating rinks, bowling
alleys, arcades, shooting ranges and movie theaters.
G. Indoor Entertainment
1. Characteristics: Indoor entertainment consists of for-profit facilities providing active
recreational uses of a primarily indoor nature.
2. Accesso Uses: Accesso uses commonl found include •arkin• offices limited retail
and concessions.
3. Examples: Examples include health/fitness clubs, tennis, racquetball and soccer centers,
recreational centers skatin• rinks .o lin• alle s arcades shootin. ranges and mo ie
theaters.
4. Exceptions:
a. Does not inclu.e uses meetin• the •efinition of Communi Recre.tion or ultural
Institutions.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 43
Commentary
The TDC presently separates multiple entertainment-oriented uses into multiple sub-categories,
but does not regulate them as a broader category. This can be confusing when the primary
functional difference between an entertainment-oriented category and a civic category is only a
matter of ownership and organizational status (for-profit versus public/non-profit), not of actual
land use activity. As a result it is proposed that the Entertainment Oriented Category be omitted
and the land use categories be individually numbered.
The characteristics and examples of Major Event Entertainment is proposed to remain
substantially the same,with accessory uses and exceptions introduced to provide greater clarity.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
3. Entcrtainmcnt Oriented
a. Major Event Entertainment: Facilities such as auditoriums, stadiums, convention
centers and race tracks which provide athletic, cultural or entertainment events and
exhibits for large groups of spectators.
H. Major Event Entertainment
1. Characteristics: Major Event Entertainment facilities are uses characterized by activities
and structures that draw large numbers of people to specific events or shows. Activities
are generally of a spectator nature.
2. A • - •A - •4 _ - •m •s • •
and concessions.
3. Examples: Examples include auditoriums, stadiums, convention centers and race tracks.
4. Exceptions:
a. Does not include uses meeting the definition of Cultural Institutions.
b. Does not in lude mo ie theaters or •la hous- hic are considered In•oor
Entertainment.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 45
Commentary
Motor Vehicle Sales/Rental remains substantially the same,but reformatted and clarified.
Motor Vehicle Servicing/Repair remains substantially the same,just reformatted and clarified.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
5. Motor Vehicle Related
a. Motor Vehicle Sales/Rental: Includes cars, light and heavy trucks,mobile home,boat
and recreational vehicle sales,rental and service.
I. Motor Vehicle Sales/Rental
1. Characteristics: Motor Vehicle Sales/Rental includes land uses involved in the sale,
lease, and/or rental of cars, motorcycles, light and heavy trucks, mobile homes, boats,
and recreational vehicles.
2. Accessory Uses: Accessory uses commonly found include parking, auto repair and
maintenance facilities,office space, and storage space.
3. Examples: Examples include auto dealerships,used car lots, and car rental facilities.
b. Motor Vehicle Servicing/Repair: Free standing vehicle servicing and repair
establishments including quick and gen- : - - . -, ; -- , -: :;, -;:
not an accessory to new vehicle sales.
J. Motor Vehicle Servicing,LRepak
1. Characteristics: Motor Vehicle Serving/Repair includes free-standing vehicle servicing
and repair establishments not accessory to new vehicle sales.
2. Accessory Uses: Accessory uses commonly found include parking, office space, and
storage space.
3. Examples: Examples include general service stations, quick oil-change facilities, car
washes, and body shops.
c. Vchicic Fuel Sales: Establishments engaging in the sale of gasoline, diesel fuel and oil
aim SG:
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 47
Commentary
Non-Accessory Parking remain substantially the same, just reformatted.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
7. Non-Accessory Parking: Any private or public parking, cithcr paid or frcc, which is not an
transit park and ride lots. May also include frcc standing fleet vehicle parking lot
K. Non-Accessory Parking
1. Characteristics: on-A cesso Parkin• is an public or pri ate parkin:. .hich is not
accessory to a primary use. A fee may or may not be charged. A facility that provides
both accessory parking for a specific use and regular fee parking for people not
connected to the use is also classified as Non-Accessory Parking.
2. Accessory Uses: Accessory uses commonly found are a ticket booth to collect fees and
h•u - - urii .-r •nn-1
3. Examples• Examples include public and privat- structures and urface parkin• lots free-
standing fleet vehicle parking, commercial district shared parking lots, and transit park-
and-ride lots.
4. Exceptions
a. Parking facilities accessory to a use, but which charge the public to park for
occasional events nearby,are not considered Commercial Parking Facilities.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 49
Commentary
The Office category remains substantially the same,but with one clarification in the characteristics
sub-category that distinguishes medical offices from other types of offices. This distinction is
important as Table 18.765.2 (Minimum and Maximum Required Off-Street Vehicle and Bicycle
Parking Requirements) already distinguishes between these two types of office space.
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Code Amendments
6. Office: Government,business and professional offices. Examples include local, regional,
state and federal offices and agencies; medical, dental and veterinary clinics and
laboratories; blood collection centers; offices for attorneys, architects, accountants,
engineers, stockbrokers, real estate agents,mortgage bankers,insurance brokers and other
consultants; headquarters offices; sales offices; and radio and television studios Also
includes painting, landscaping, building and janitorial contractors where the indoor
storage of materials and equipment are incidental to the office use. If this storage exceeds
50% of occupied space, such uses are classified as Industrial Services (sec 18.130.020 D.1)
Offices that are part of and arc located within a firm in another use category arc
considered accessory to the firm's primary activity.
L. Office
1. Characteristics: Office uses are characterized by activities conducted in an office setting
that focus on the provision of 'oods and services usuall • professional . Tradi.onal
Office uses are characterized by activities that generally focus on business, government,
professional, medical, or financial services. Office uses may include activities that, while
conducted in an office-like setting, are less consumer-oriented and focus on the support
of off-site service personnel or in the development, testing, production, processing,
packaging, or assembly of goods and products. Medical, dental, veterinary offices are
out-patient clinics which provide healthcare to humans or animals, characterized by a
Pref.- i•n.l .r •r. • of •r.f- i.n,1 . _i -s . us..r .ff
2. Accessory Uses: Accessory uses commonly found are parking and storage facilities.
3. x,m•1- • x.m.les include i. -rnm- .ffi - • m-.. .-n .l .n• - -rin, lini
and laboratories; blood collection centers; professional offices for attorneys, architects,
engineers, stockbrokers, insurance brokers, and other consultants; headquarters offices;
al- • - • r._ • .n. -1- i ion u.•. • .. _. . • - • fi - or ..i tin! .uil•_.
and landscaping contractors; and software development firms.
4. Exceptions:
a. Offices that are part of and are located within a firm in another use category are
considered accessory to the firm's primary activity.
b. Contractors and others who perform services off-site are included in the Office
category if equipment and materials are incidental to the office use and their
storage does not constitute 50% or more of occupied space, otherwise they are
considered as Industrial Services.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 51
Commentary
Both Outdoor and Indoor entertainment categories remain substantially the same regarding the
characteristics and examples of each use,with accessory uses and exceptions introduced for greater
clarity.
Use Classification Development Code Amendment DCA2010-00004
Page 52 July 12, 2010
Code Amendments
b. Outdoor Entertainments Facilities with extensive outdoor facilities including outdoor
tennis clubs,golf courses and shooting ranges.
M. Outdoor Entertainment
1. Characteristics: Outdoor entertainment consists of for-profit facilities providing active
re reational uses •rimaril in an out-of-doors s-ttin•
2. Accessory Uses: Accessory uses commonly found include parking, offices, clubhouses,
and concessions.
3. Examples: Examples include outdoor tennis clubs,golf courses, and shooting ranges.
4. Exceptions:
a. Does not include uses meeting the definition of Community Recreation.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 53
Commentary
Outdoor Sales remains substantially the same in characteristics and examples,but receives
expanded language regarding exceptions to this category. The intent of this use category is not to
include truly temporary activities that occur for a limited period of time, such as Christmas tree
lots or seasonal markets,which are better regulated in TDC 18.785.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
c. Outdoor sales: Establishments which engage in sales requiring outdoor display
and/or storage including lumber yards and nurseries.
N. Outdoor Sales
1. Characteristics: Outdoor Sales are sales-oriented establishments requiring extensive
outdoor or only partially-enclosed display and/or storage. These uses may be retail,
wholesale, or a combination of the two.
2. Accessory Uses: Accessory uses commonly found include parking and office space.
3. Examples: Examples include lumber yards and plant nurseries.
4. Exce ions:
a. Does not include Motor-Vehicle Sales/Rental and Vehicle Fuel.
b. Does not include outdoor dining areas for Eating and Drinking establishments.
c. Does not include incidental and temporary outdoor activities such as Christmas
tree lots, `sidewalk sales', and seasonal markets,which may be subject to additional
regulation under 18.785.
d. Does not include limited outdoor or partially-enclosed display and/or storage areas
that are clearly incidental and accessory to retail uses selling hardware and home
improvement supplies.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 55
Commentary
Personal Services and Repair Oriented Retail remain substantially the same with one significant
clarification that results in the moving of a few example businesses types. Personal Services is
being clarified as providing consumer services in a manner necessitating one visit per transaction.
In contrast, repair-oriented retail is being clarified to provide consumer services that typically
require two visits per transaction (drop-off & pick-up). As a result, the following business
examples are being moved from Personal Services to Repair-Oriented Retail: dry cleaners, quick
printing,doggy-day care and drop-off pet grooming facilities.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
b. Personal Services: Establishments which provide consumer services such as banks
cleaners; copy ccntcrs; photographic studios; trade/vocational schools; and
mortuaries.
O. Personal Services
1. Characteristics: Personal Services are establishments which are oriented towards the
.r• i ion of on m-r - i - in a mann-r ni .11 n- - i atin• no mot.- than .n-
consumer visit per service transaction.
2. Accessory Uses: Accessory uses commonly found include parking, office space, and
storage s
3. E m ples include banks/credit unions, barber/beauty shops, self=serve bet
groomin. laundromats co. centers .hoto. aphic studios, trade/vocational schools,
mortuaries, and beverage container redemption centers.
4. Exceptions:
a. Does not include Office Uses.
b. Does not include Repair-Oriented Retail Uses.
c. Does not include Motor-Vehicle Servicing/Repair and Vehicle Fuel.
c. Repair oriented: Establishments which engage in the repair of consumcr and business
goods including television and radios; bicycles; clocks; jewelry; guns; small appliances
and office equipment; tailors and seamstresses; shoe repair; locksmith and
upholsterer.
P. Repair-Oriented Retail
1. Characteristics: Repair-Oriented Retail are estabslishments providing product repair of
consumer and business •oods and other consumer services that j.icall necessitate o
or more consumer visits per service transaction.
2. Accessory Uses: Accessory uses commonly found include parking, office space,
ork ho s.ace and storage.
3. Examples: Examples include televisions and radios,bicycles, clocks, jewelry, guns, small
appliances, office equipment, tailors and seamstresses, shoe repair, locksmiths,
upholsterers, photo and laundry drop-off, dry-cleaners, quick printing, drop-off pet
grooming and doggy-daycare.
4. Exceptions:
a. Does not include Motor-Vehicle Servicing/Repair.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 57
Commentary
Like entertainment oriented uses, the General Retail Category and its subcategories does not
appear to serve a functional use. As a result the categories are being renumbered as distinct use
categories rather than as a set of"General Retail" categories.
Sales-Oriented Retail remains substantially the same, only reformatted. In recognition of
temporary and seasonal land uses that can occur in places like parking lots (i.e. Christmas Tree
Lots),temporary activities regulated by TDC 18.785 are included as an accessory use.
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Code Amendments
1. C cncral Retail
it -Sttles-Ofieftt-etlt :; - ---- -•ch consumer oriented sales, leasing and rental of
consumer, home and business goods including art; art supplies; bicycles; clothing; dry
goods; electronic equipment; fabric; gifts; groceries; hardware; household products;
jewelry; pets and pct products; pharmaceuticals; plant; printed materials; stationery
and videos. - .: -- : .:. - :. e.' : .'. ; -
- -- • . . .
Q. Sales-Oriented Retail
1. Characteristics: Sales-Oriented Retail firms are involved in the sale,leasing, and rental of
new or used products to the general public.
2. Accessory Uses: Accessory uses commonly found include parking, office space, storage
space, and temporary outdoor activities subject to regulation in TDC 18.785.
3. Examples: Examples include art, art supplies, bicycles, clothing, dry goods, electronics,
fabric, gifts, groceries, hardware, household products, jewelry, pets and pet products,
eharma euticals elan s .rinted material stationa and 'printed and -lectronic me.ia.
4. Exceptions:
a. Does not include uses meeting the definition of Bulk Sales.
b. Does not include uses meeting the definition of Outdoor Sales.
c. Does not include Motor-Vehicle Sales/Rental and Vehicle Fuel.
Use Categories Development Code Amendment DCA2010-00004
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Commentary
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
8. Self Service Storage: Commercial operations which provide rental of storage spacc to the
removing personal property. Does not include moving and storage companies where
there is no individual storage or where employees arc primary movers of the goods to be
stored (sec 18.130.020 D.5,Warehouse/Freight Movement).
R. Self-Service Storage
1. Characteristics: Commercial operations which provide rental of storage space to
in.. .. , or . _ in - - •r,•- ,r . i•n-. • tile . •ri - . -
tenant for storing or removing personal property.
2. Accessory Uses: Accessory uses commonly found include parking, office space, and a
dwelling unit for a residential caretaker.
3. Examples: Examples include single-story and multi-story facilities that provide individual
storage areas for rent, often called miniwarehouses or self-storage facilities; and the
storage of boats and recreational vehicles.
4. Exceptions:
a. Does not include moving and storage companies where there is no individual
stor.•e or .here -m.lo ees are .rima movers of th- too. to .e stored. Such
uses are considered Warehouse/Freight Movement.
b. D•- no in 1 .- - •r,•- •f fl--t ehi le hi hi on i.-r-. non-, - •
parking, or the storage of sales or rental i ventory,which is considered Motor
Vehicle Sale/Rental.
Use Categories Development Code Amendment DCA2010-00004
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Commentary
Vehicle Fuel Sales remains substantially the same,but with expansive language clarifying that all
types of vehicle fuel and not just petroleum products.
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Code Amendments
S. Vehicle Fuel Sales
1. Characteristics: Vehicle Fuel Sales includes establishments engaging in the sale of
petroleum and non-petroleum based fuels for cars, motorcycles, trucks, recreational
vehicles, and boats.
2. Accesso Uses: Accesso uses commonl found include •arkin• office s sac- and
storage space.
3. Examples: Examples include gas stations and electric vehicle charging stations.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 63
Commentary
General Industrial remain substantially the same,just reformatted.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
18.130.070 Industrial Use Categories
b. General Industrial: Manufacturing, processing and assembling of semi finished or
although thcrc may be some outside storage of raw materials. Examples include food
processing; breweries, distilleries and wineries; production of apparel or textiles;
woodworking including cabinet makers; production of chemical, rubber,leather, clay,
bone, plastic, stone or glass material3 or products; manufacturing and production of
large sc
A. General Industrial
1. Characteristics: General Industrial includes the manufacturing, processing and
assembling of semi-finished or finished products from raw materials. All activities are
contained within buildings,with some outside storage of raw materials.
2. Accessory Uses: Accessory uses commonly include parking,office, and storage space.
3. Examples: Examples include food processing; breweries, distilleries and wineries;
production of apparel or textiles; woodworking including cabinet makers; production of
chemical rubber leather cl. sone elastic stone or •lass materials or •roduc
manufacturing and production of large-scale machinery. -
4. Exceptions:
a. Does not include uses meeting the definition of Custom Arts and Crafts.
b. Does not include the manufacture and production of goods from the composting
of or anic material,which is considered Waste-Related.
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Commentary
Heavy Industrial remains substantially the same,just reformatted.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
c. Heavy Industrial: Manufacturing, processing and assembling of semi finished or
finished products from raw materials. A substantial proportion of activities and
storage may be undertaken outdoors with resulting noise, glare, vibration and other
potentially adverse impacts. Examples include energy production facilities; concrete
batching and asphalt mixing; production of metals or metal products including
enameling and galvanizing; production of cars, trucks, recreational vehicles or mobile
B. Heavy Industrial
1. Characteristics: Heavy Industrial includes the manufacturing,processing,and assembling
of semi-finished or finished products from raw materials. A substantial portion of
activities and storage may be undertaken outdoors with resulting noise, glare vibration,
a d other •otentiall .• erse im•acts.
2. A - • _ - • A - • u - m. in lu•- •.rkin• •f f i - •r.•- an. m.in -nan -
facilities.
3. Examples: Examples include energy production facilities; concrete batching and asphalt
mixin•• .r.•u ••n •f metal •r metal .ro•u in lu• • -nam-lin• .n• anizin••
production of cars,trucks,recreational vehicles or mobile homes.
4. Exceptions:
a. Does not include energy production from the biological decomposition of organic
materials, such uses are considered Waste-Related.
Use Categories Development Code Amendment DCA2010-00004
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Commentary
Industrial Services remains substantially the same, just reformatted and addition language to clarify
the intent and characteristics of land uses to be assigned to this category.
Use Classification Development Code Amendment DCA2010-00004
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Code Amendments
D. Industrial use types.
1. Industrial Services: Includes the repair and servicing of industrial and business
machinery, equipment and/or products. Examples include welding shops; machine
shops; repair shops for tools, scientific/professional instruments, and motors; sales,
repair, storage, salvage or wrecking of heavy machinery, metal and building materials;
towing and vehicle storage; auto and truck salvage and wrecking; heavy truck servicing
and repair; tire recapping and retreading; truck stops; building, heating, plumbing or
electrical contractors; printing, publishing and lithography; cxtcrminators; janitorial and
cleaning and carpet cleaning plants; and photo finishing laboratories.
C. Industrial Services
1. Characteristics: Industrial Services are uses that repair and service industrial, business, or
consumer machinery, equipment, products or by-products. Firms that service consumer
•oods do so b mainl •rovidin• centralized services for se.arate retail outlets. Includes
contractors, building maintenance services and similar uses, that perform services off-
site. Few customers, especially the general public, come to the site.
2. Accessory Uses: Accessory uses may include offices, parking, storage, loading docks, and
railroad lead and spur lines to allow the loading and unloading of rail cars.
3. Examples: Examples include welding shops; machine shops; repair shops for tools,
scientific/professional instruments, and motors; sales, repair, storage, salvage or wrecking
•f h-, • m, hin- metal . . • • mat-ri, • • A . • an. vehicl- stor,•-• • _n.
truck salvage and wrecking; heavy truck servicing and repair; tire recapping and retreading;
truck stops; building, heating, plumbing or electrical contractors; printing, publishing and
lithography; exterminators; janitorial and building maintenance contractors; fuel oil
distributions; solid ae v s; laundry, dry-cleaning and carpet cleaning plants; and photo-
finishing laboratories.
4. Exceptions:
a. Contractors and others who perform services off-site are included in the Office
category if equipment and materials storage does not constitute 50% or more of
occupied space and fabrication or similar work is not carried out at the site.
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Commentary
Light Industrial remains substantially the same, just reformatted.
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Code Amendments
2. Manufacturing and Production
a. Light Industrial: Includes production,processing, assembling,packaging or treatment
of finishcd products from previously prepared materials or components. All activitics
and storagc is contained within buildings. Examples includc the manufacturing and
assembly of small scale machinery, appliances, computers and other electronic
equipment; pharmaceuticals; scientific and musical instruments; art work, toys and
other precision goods; sign making; and catering facilities.
D. Light Industrial
1. Characteristics: Light Industrial includes the production, processing, assembling,
packaging, and/or treatment of finished products from previously prepared materials or
om•o - ts. All acti ities . d stora•e is contained . •n • • •' •s.
2. Accessory Uses: Accessory uses commonly include parking, office, and storage space.
3. Examples: Examples include the manufacturing and assembly of small-scale machinery,
appliances, computers and other electronic equipment; pharmaceuticals; scientific and
musical instruments; art work, toys and other precision goods; sign-making; and catering
facilities.
b_
4. Exceptions:
a. Does not include uses meeting the definition of Custom Arts and Crafts.
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Commentary
Railroad Yards remains substantially the same,but reformatted and clarified regarding the intent of
this category.
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Code Amendments
3. Railroad Yards: A terminus of several railroad lines where the loading, unloading,
transshipment and switching of rail cars is undertaken.
E. Railroad Yards
1. Characteristics: Railroad Yards are areas that contain multiple railroad tracks used for
rail car switching, assembling of trains, and the transshipment of goods from other
tr.n ••rt.ti•n m•_- to or from tr.in
2. Accessory Uses: Accessory uses may include offices, employee facilities, storage areas,
and rail car maintenance and repair facilities.
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Commentary
Research and Development remains substantially the same,just reformatted.
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Code Amendments
1.. Research and Development: Facility fcaturing a mix of uses including office, research
laboratories and prototype manufacturing. If no manufacturing component, considered
Office use (sec 18.130.020 C.6).
F. Research and Development
1. Characteristics: Research and Development includ-s facilities featurin• a mix of uses
including office, research laboratories and prototype manufacturing.
2. Accessory Uses:Accessory uses may include parking, storage, and employee facilities.
3. Exceptions:
a. If manufacturing is not present,it is considered an Office use.
Use Categories Development Code Amendment DCA2010-00004
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Commentary
Warehouse/Freight Movement remains substantially the same,just reformatted and with accessory
uses specified as with all other sections.
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Code Amendments
5. Warehouse/Freight Movement: Uses involved in the storage and movement of large
quantities of materials or products indoors and/or outdoors; associated with significant
furniture or appliance outlets; household moving and general freight storage; cold storage
plants/frozen food lockers; weapon and ammunition storage, major wholesale
distribution centers; truck,marine and air freight terminals;bus barns;grain terminals; and
stockpiling of sand,gravel,bark dust or other aggregate and landscaping materials.
G. Warehouse / Freight Movement
1. Characteristics: Warehouse/Freight Movement includes uses involved in the storage and
movement of large quantities of materials or products for themselves or other firms.
Goods are generally delivered to other firms for the final consumer, except for some
will call picku s. May occur indoors and/or outdoors, and usually associated with
significant truck and rail traffic. There is little on-site sales activity with the customer
present.
2. Accessory Uses: Accessory uses may include offices, parking, fleet truck parking and
maintenance area,storage, docks, rail spur or lead lines, and the repackaging of goods..
3. Examples: Examples include free-standing warehouses associated with retail furniture or
appliance outlets• household mo .n• and •eneral freight s ora•e• col. stora•e
plants/frozen food lockers;weapon and ammunition storage; major wholesale distribution
centers; truck, marine and air freight terminals; bus barns; grain terminals; and stockpiling
of . • -1 oak • . or s -r ,.. • 1, • ,.in• m,
4. Exceptions:
a. Uses that involve the transfer or storage of solid or liquid wastes are classified as
Waste-Related uses.
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Commentary
The Waste-Related category remains substantially the same, just reformatted and with additional
language distinguishing this use category from Basic Utilities.
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Code Amendments
7. Waste Related: Uses that receive solid or liquid wastes from others for disposal on the
site or for transfer to another location, uses which collect sanitary wastes, or uses that
manufacture or produce goods or energy from he composting of organic material.
Examples include recycling/garbage transfer stations; land fills; composting, energy
recovery and sewage treatment plants.
H. Waste-Related
1. Characteristics: Waste-Related uses are characterized as uses that receive solid or liquid
wastes from others for disposal onsite or for transfer to another location, uses that
collect sanitary wastes, or uses that manufacture or produce goods from the biological
decomposition of organic material. Waste-Related uses also include uses that receive
hazardous wastes from others and are subject to state regulations regarding hazardous
waste management.
2. Accessory Uses: Accessory uses may include parking, recycling of materials, offices, and
repacking and transshipment of by-products.
3. Examples: Examples include recycling/garbage transfer stations; landfills; waste
composting, energy recovery, portable sanitary equipment storage and pumping, and
sewage treatment plants.
4. Exceptions:
a. Infrastructure services that must be located in or near the area where the service is
provided in order to function are considered Basic Utilities. Examples include
sewer pipes that serve a development or water re-use pipes and tanks, pump
stations, and collection stations necessary for the water re-use that serve a
development or institution,
b. The disposal of clean fill, as defined in OAR 340-093-0030, is not considered a
waste-related use.
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Commentary
Wholesale Sales remains substantially the same,but with additional language clarifying the
characteristics of this use category.
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Code Amendments
6. Wholesale Sales: Involves sales, leasing or rental of equipment or products primarily
intended for industrial, institutional or commercial businesses. Businesses may or may
not be open to the general public, but sales to the general public is limited. Examples
include the sale or rental of machinery, equipment, building materials, special trade tools,
welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant
equipment, and store fixtures; mail order houses; and wholesalers of food, clothing, auto
parts, and building hardware.
I. Wholesale Sales
1. Characteristics: Wholesale Sales is characterized by the sale, leasing, or rental of
equipment or products primarily intended for industrial, institutional, or commercial
_ -r h- - -m.h, ' - •n- i - .1- • •r.-r • .n. of - • 1 .- .• .1. .r-.
Th- uses ma or ma not se open to the •eneral public but sales to the •eneral .u*li
are limited as a result of the way in which the firm operates. Products may be picked up
on site or delivered to the customer.
2. Accessory Uses: Accessory uses may include offices, product repair, warehouses,
parking, and the repackaging of goods.
3. Examples: Examples include the sale or rental of machinery, equipment, building
materials special trade tools .el.ii• us plies ma hine ..its el-ctrical sus plies 'anitorial
sup she restaurant e.ui.m-nt an. store fixtures• m. or.er houses. .n. .holesalers of
food, clothing,auto parts, and building hardware.
4. Exceptions:
a. Firms that engage primarily in sales to the general public are classified as Sales-
Oriented Retail or Bulk Sales.
b. Firms that are *rimaril storin• 'oods with little on-site business activity are
classified as Warehouse and Freight Movement.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 81
Commentary
Agriculture/Horticulture remains substantially the same,but is clarified to include the keeping of
both plants and animals. This addition was done to correspond with both the common
understanding of the word,but also existing notes in Tables 18.510.1 and 18.530.1 that presumes
the potential for poultry and livestock with animal uses.
Use Classification Development Code Amendment DCA2010-00004
Page 82 July 12, 2010
Code Amendments
E. Other use types:
1. Agriculture/Horticulture: Open areas devoted to the raising of fruits, vegetable, nuts,
nursery stock and/or flowers; may include on site sales of products grown on the site.
18.130.080 Other Use Categories
A. Agriculture / Horticulture
1. Characteristics: A•ricultural Horticultural uses are oxen areas de oted to the raisin•
sroduction or keesin. of slants and or animals bein• raised for food or fiber
production. Sales of products grown on site may be included.
2. Accesso Uses: Accessor uses include d elli •s for srosrietors and animal trainin•.
3. Examples: Examples include breeding or raising of fowl or livestock, stables, riding
academies, farming, and truck gardening.
4. Exceptions:
a. Does not include nurseries,which are classified as Outdoor Sales.
b. Does not include u es in of 'n• ommon househols sets .hich .re consisere.
Animal Related Commercial uses.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 83
Commentary
Cemeteries and Detention Facilities remain substantially the same,but with each use category
reformatted.
Use Classification Development Code Amendment DCA2010-00004
Page 84 July 12, 2010
Code Amendments
2. Cemeteries: Facilities for storing human remains. Accessory uses may include chapels,
mortuaries, offices,maintenance facilities and parking.
B. Cemeteries
1. Characteristics: Cemeteries are facilities for the permanent storage of human remains.
2. Accessory Uses: Accessory uses may include chapels,mortuaries, offices,maintenance
facilities, and parking.
3. Detention Facilities: Uses which have the characteristics of Group Living but are devoted
to the housing, training and supervision of those under judicial detention. Examples
include prisons, jails, probation centers, juvenile detention homes and related post
incarceration and half way houses.
C. Detention Facilities
1. Characteristics: Detention facilities are uses devoted to the judicially required detention,
incarceration, or supervision of people.
2. Accessory Uses: Accessory uses include offices, recreational and health facilities, therapy
facilities m:• tenance facilities and hobb an. manufac • facilities.
3. Ex.m.l- in lu_- .ri in .r.s,ti.n -nt-r 'u -nil- _et-nti.n him- .n_ r-1,
post-incarceration and half-way houses.
4. Exceptions:
a. Programs that provide care and training or treatment for psychiatric, alcohol, or
dm• problems where •atients are residents of the pro• am but where patients are
not supervised by police officers, are classified as transient housing.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 85
Commentary
Heliports and Mining all remain substantially the same,but with each use category reformatted.
Use Classification Development Code Amendment DCA2010-00004
Page 86 July 12, 2010
Code Amendments
1. Heliports: Public or private facilities designed for the landing, departure, storage and
fueling of helicopters.
D. Heliports
1. Characteristics: Heliports are public or pri ate facilities desi• ed for the landin• departure
storage and fueling of helicopters.
2. Accesso Uses: Accesso uses ma include offices parkin• maintenance and fuelin•
facilities.
5. Mining:: Uses which mine or extract mineral or aggregate resources from the ground for
off site use. Accessory uses may include storage, sorting and transfer facilities.
E. Mining
1. Characteristics: Mining is the extraction of mineral or aggregate resources from the ground
for off-site use.
2. Accessory Uses: Accessory uses may include office, parking, storage, sorting, and transfer
facilities.
3. Ex.mpl- • Exampl- in lus- _r-p•'n• or minin• for .n_ or • . -1 'liar in: an. oil
gas. or geothermal drilling s
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 87
Commentary
Rail Lines/Utility Corridors remains substantially the same,just reformatted and with additional
examples and exceptions to clarify the scope and intent of this use category.
Use Classification Development Code Amendment DCA2010-00004
Page 88 July 12, 2010
Code Amendments
6. Rail Lincs/Utility Corridors: The regional corridors in public or private ownership
dedicated for use by rail lines; above grade or underground power or communication
F. Rail Lines / Utility Corridors
1. Characteristics: Rail Utili Corridors are re' onal corrid•rs in •ublic or erivate o.nershis
including easements, dedicated for the express use of rail lines; above-grade or
underground power or communication lines; water, sewer, and storm sewer lines; or
similar services.
2. Exam.les: Exam.l-s include rail trunk and feeder lines- re''onal electrical transmission
lines;and regional gas and petroleum pipelines.
3. Exceptions:
a. R.' .:• 1-as .n• • r line for • li - of r.• ar • it or for unl.._' • of r.il
cars on specific sites are classified as accessory to the primary use of the site.
b. Rail Lines / Utility Corridors contained within a motor vehicle rights-of-way are
not included.
c. Does not include Railroad Yards.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 89
Commentary
Wireless Communication Facilities remains substantially the same,but with additional clarifying
language.
Use Classification Development Code Amendment DCA2010-00004
Page 90 July 12, 2010
Code Amendments
7. Wireless Communication Facilities: Includes publicly and privately owned towers and
related transmitting equipment for tcicviaion, FM/AM radio, cellular and two way radio
and microwave transmission and related ancillary equipment buildings. Does not include
radio/television transmission facilities which are part of the public safety network; sec
Basic Services. Does not include amateur (ham) radio antennas or towers. (Ord. 06 13)
G. Wireless Communications Facilities
1. Characteristics: Wireless Communication Facilities includes all devices, equipment,
machinery, structures, and supporting elements necessary to produce electromagnetic
radiation to .roduce a discrete . ' eless si• al or messa•e. To.ers ma se self-su..ortin•
• es or mounte. on .01-s or buil.'n•s.
2. Accessory Uses: Accessory uses commonly includes related ancillary equipment buildings.
3. Examples: Examples include Television and AM/FM radio transmission towers,
microwave relay stations, and cellular communications equipment.
4. Exceptions:
a. Does not include transmission facilities which are part of the public safety
network,which are classified as Basic Utilities or Emergency Services.
b. Does not include amate r am r. 'o antennas or to.ers.
c. Does not include radio and television studios,which are classified as Office.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 91
Commentary
This amendment fixes a consistency error found in all three zoning district chapters. The word
limited is used incorrectly, as Subsection "A" above, as well as the Use Tables,utilize the word
"restricted"rather than "limited".
No change is proposed to this portion of Use Code Table 18.510.1.
Use Classification Development Code Amendment DCA2010-00004
Page 92 July 12, 2010
Code Amendments
Chapter 18.510
RESIDENTIAL ZONING DISTRICTS
18.510.030 Uses
A. Types of uses. For the purposes of this chapter,there are four kinds of use:
1. A permitted (P) use is a use which is permitted outright, but subject to all of the
applicable provisions of this title. If a use is not listed as a permitted use, it may be held
to be a similar unlisted used under the provisions of Chapter 18.230;
2. A restricted (R) use is permitted outright providing it is in compliance with special
requirements, exceptions or restrictions;
3. A conditional use (C) is a use the approval of which is discretionary with the Hearings
Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. If
a use is not listed as a conditional use, it may be held to be a similar unlisted used under
the provisions of Chapter 18.230;
4. A prohibited (N) use is one which is not permitted in a zoning district under any
circumstances.
B. Use table. A list of permitted,limited restricted, conditional and prohibited uses in residential
zones is presented in Table 18.510.1.
TABLE 18.510.1
USE TABLE
USE CATEGORY R-1 R-2 R-3.5 R-4.5 R-7 R-12 R-15 R-40
RESIDENTIAL
Household Living PP PP P P P P
Group Living R'/C R'/C R'/C R'/C R'/C R'/C R'/C R'/C
Transitional Housing N N N N N C C C
Home Occupation R2 R2 R2 R2 R2 R2 R2 R2
HOUSING TYPES
Single Units,Attached N N N R8 R9/C P P P
Single Units,Detached P P P P P P P P
Accessory Units R3 R3 R3 R3 R3 R3 R3 R3
Duplexes N N C C P P P P
Multifamily Units N N N N N P P P
Manufactured Units P P P P P P P P
Mobile Home Parks/Subdivisions N N C C P P P P
CIVIC (INSTITUTIONAL)
Basic Utilities C4 C4 C4 C4 C4 C4 C4 C4
Colleges C C C C C C C C
Community Recreation C C C C C C C C
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 93
Commentary
The addition of Custom Arts and Crafts does not establish a new use within the chapter.
Rather,it is to ensure consistency across all three Use Tables contained in the Tigard
Development Code (Residential, Commercial, and Industrial). This category was created
through Council Ordinance 10-2,which established this new category of land use within the
Tigard Central Business District. However, only the Commercial District Use Table was
amended to include this new use. This new language will correct this omission and clarify where
Custom Arts and Crafts are and are not allowed.
Minor reformatting to remove clusters of uses is also proposed. These clusters do not serve a
functional purpose as one cluster has multiple use classifications.
Use Classification Development Code Amendment DCA2010-00004
Page 94 July 12, 2010
Code Amendments
Cultural Institutions N N C C C C N N
Day Care P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5 P/C5
Emergency Services C C C C C N N N
Medical Centers N N C C C C C C
Postal Service N N N N N N N N
Public Support Facilities PP PP P P PP
Religious Institutions C C C C C C C C
Schools 012,13 012,13 012,13 012,13 012,13 012,13 012,13 012,13
Social/Fraternal Clubs/Lodges N N N N N C C C
COMMERCIAL
Commercial Lodging N N N N N N N N
Custom Arts and Crafts N N N N N N N N
Eating and Drinking Establishments N N N N N N N N
—Major Event Entertainment N N N N N N N N
—Outdoor Entertainment N N N N N N N N
--Indoor Entertainment N N N N N N N N
—Adult Entertainment N N N N N N N N
C cncral Retail
—Sales-Oriented N N N N N N R11 R11
—Personal Services N N N N N N R'1 R11
—Repair-Oriented N N N N N N R11 R11
—Bulk Sales N N N N N N N N
—Outdoor Sales N N N N N N N N
—Animal-Related N N N N N N N N
USE CATEGORY
Motor Vchicic Rclatcd
—Motor Vehicle Sales/Rental N N N N N N N N
—Motor Vehicle Servicing/Repair N N N N N N N N
- Vehicle Fuel Sales N N N N N N N N
O f f i c e N N N N N N N N
Self-Service Storage N N N N N N N N
Non-Accessory Parking N N N N N C1° co co
INDUSTRIAL
Industrial Services N N N N N N N N
Manufacturing and Production
—Light Industrial N N N N N N N N
—General Industrial N N N N N N N N
—Heavy Industrial N N N N N N N N
Railroad Yards N N N N N N N N
Research and Development N N N N N N N N
Warehouse/Freight Movement N N N N N N N N
Waste-Related N N N N N N N N
Wholesale Sales N N N N N N N N
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 95
Commentary
No changes are proposed for this portion of Table 18.510.1.
Use Classification Development Code Amendment DCA2010-00004
Page 96 July 12, 2010
Code Amendments
OTHER
Agriculture/Horticulture P6 P6 P6 P6 P6 N N N
Cemeteries N N C C C N N N
Detention Facilities N N N N N N N N
Heliports N N N N N N N N
Mining N N N N N N N N
Wireless Communication Facilities P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7 P/R7
Rail Lines/Utility Corridors C C C C C C C C
P=Permitted R=Restricted C=Conditional Use N=Not Permitted
1Group living with five or fewer residents permitted by right; group living with six or more
residents permitted as conditional use.
2Permitted subject to requirements Chapter 18.742.
'Permitted subject to compliance with requirements in 18.710.
'Except water and storm and sanitary sewers,which are allowed by right.
5In-home day care which meets all state requirements permitted by right; freestanding day care
centers which meet all state requirements permitted conditionally.
6When 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.
'See Chapter 18.798, Wireless Communication Facilities, for requirements for permitted and
restricted facilities.
'Attached single-family units permitted only as part of an approved planned development.
Permitted by right if no more than five units in a grouping; permitted conditionally if six or
more units per grouping.
10Only park-and-ride and other transit-related facilities permitted conditionally.
"Limited to ground-floor level of multi-family projects, not to exceed 10% of total gross square
feet of the building.
12School bus parking is permitted on public high school sites as an accessory use if located a
minimum of 200 feet from the nearest property line of any tax lot used for residential purposes.
Maximum time limitation is three years. An extension to the time limit is possible through a
major modification to the conditional use. (Ord. 07-05)
13Permitted as a conditional use on public school sites. (Ord. 07-12)
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 97
Commentary
This amendment fixes a consistency error found in all three zoning district chapters. The word
limited is used incorrectly, as Subsection "A" above, as well as the Use Tables,utilize the word
"restricted"rather than "limited".
Use Classification Development Code Amendment DCA2010-00004
Page 98 July 12, 2010
Code Amendments
Chapter 18.520
COMMERCIAL ZONING DISTRICTS
18.520.030 Uses
A. Types of uses. For the purposes of this chapter, there are four kinds of use:
1. A permitted (P) use is a use which is permitted outright, but subject to all of the
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 Section 18.130.030;
2. A restricted (R) use is permitted outright providing it is in compliance with special
requirements, exceptions or restrictions;
3. A conditional (C) use is a use the approval of which is at the discretion of the Hearings
Officer. The approval process and criteria are set forth in Chapter 18.370. If a use is not
listed as a conditional use,it may be held to be a similar unlisted use under the provisions
of Section 18.130.030;
4. A prohibited (N) use is one which is not permitted in a zoning district under any
circumstances.
B. Use table. A list of permitted, limited restricted, conditional and prohibited uses in
commercial zones is presented in Table 18.520.1.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 99
Commentary
Note 39 was added to ensure Custom Arts and Crafts remain scale appropriate to the
downtown.
Use Classification Development Code Amendment DCA2010-00004
Page 100 July 12, 2010
Code Amendments
TABLE 18.520.1
USE TABLE: COMMERCIAL ZONES
USE CATEGORY C-N11] C-C15] C-G C-P MU- MUE120] MUE MUR
CBD[38] MUC-1 MUC[28] 1 and 2[28] 1 and 2[28]
RESIDENTIAL
Household living N R[6] R[11] R P R[21] p[26] P P P
Group Living N N C N P N C R[29]/C R[29]/C R[29]/C
Transitional Housing N N C N C N C C C C
Home Occupation R[2] R« R[2] R[2] RP R[2] P R[2] R[2] R[2]
HOUSING TYPES
Single Units,Attached N/A N/A N/A N/A P N/A N/A R[30] R[30] P
Single Units,Detached N/A N/A N/A N/A N/A N/A N/A R[30] R[30] R[30]
Accessory Units N/A N/A N/A N/A N/A N/A N/A R[31] R[31] R[31]
Duplexes N/A N/A N/A N/A N/A N/A N/A R[30] R[30] P
Multifamily Units N/A N/A N/A N/A P N/A N/A P P P
Manufactured Units N/A N/A N/A N/A P N/A N/A N N N
Mobile Home Parks,Subdivisions N/A N/A N/A N/A R[36] N/A N/A N N N
CIVIC (INSTITUTIONAL)
Basic Utilities C C[32] C[32] C C C C C[32] C[321 C[321
Colleges N _ N N N P C C C C C
Community Recreation N P _ N N P _ C N P C C
Cultural Institutions P P P P P P P P P N
Day Care P P P P P P P P P P/C[33]
Emergency Services P P P P P P P P P N
Medical Centers C N C C C C C C C C
Postal Service P P P P P P P P P N
Public Support Facilities P P P P P P P P P P
Religious Institutions C C P P P P P P P C
Schools N N N N P C C C C C
Social/Fraternal Clubs/Lodges C C P P P P P P P C
COMMERCIAL
Commercial Lodging N N P R[14] P P P P P N
Custom Arts and Crafts N N N NMI P N N N N N
Eating and Drinking Establishments C P P R[15] P P P P P R[34/35]
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 101
Commentary
Changes to Table 18.520.1 are limited to reformatting amendments that separate clusters of units into discrete uses. These clusters do not
serve a functional purpose as one cluster has multiple use classifications.
Use Classification Development Code Amendment DCA2010-00004
Page 102 July 12, 2010
Code Amendments
USE CATEGORY C-N['1 C-C[5] C-G C-P MU- MUE1201 MUE MUR
CBD[3S] MUC-1 MUC[281 1 and 21281 1 and 21281
Entertainment Oriented
—Major Event Entertainment N N C N C N C C N N
—Outdoor Entertainment N N P R[15] C N N C N N
—Indoor Entertainment P P P P P P P P P N
Adult Entertainment N N C N N N N C N N
Ccncral Rctail
—Sales-Oriented P PM P R[161 P/R[37] R[22] R[251 P R[22] R[34t35]
—Personal Services P P P P P RI22] R[25] P RI221 R[34/35]
—Repair-Oriented P P P N P R[221 R[25] R[22] R[22] N
—Bulk Sales N N P N R[s61 R[221 R[25] R[221 R[-"d N
—Outdoor Sales N N P N N N N N N N
—Animal-Related N N N N N P P N N N
Motor Vchicic Rclatcd
—Motor Vehicle Sales/Rental N N P/C[��1 N R[361 N N R[24] R[241 N
—Motor Vehicle Servicing/Repair N C[81 P/C[1�1 N C R[221 R[251 N N N
—Vehicle Fuel Sales C C C N R[36] N C C C N
Office P R[91 P P P P P P P R[34/35]
Self-Service Storage N N C N R[361 N N N N N
Non-Accessory Parking C C P P P P P P P N
INDUSTRIAL
Industrial Services N N N N N N N N N N
Manufacturing and Production
—Light Industrial N N N N N R[231 N N R123] N
—General Industrial N N N N N N N N N N
Heavy Industrial N N N N N N N N N N
Railroad Yards N N N N N N N N N N
Research and Development N N N N C R[241 R[241 N R[23] N
Warehouse/Freight Movement N N N N N R[241 N N R[23/24] N
Waste-Related N N N N N N N N N N
Wholesale Sales N N N N N N N N R[23/241 N
OTHER
Agriculture/Horticulture N N N N N N N
Cemeteries N N N N N N N
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 103
Commentary
No further changes to Table 18.520.1 are proposed.
Use Classification Development Code Amendment DCA2010-00004
Page 104 July 12, 2010
Code Amendments
USE CATEGORY C-N[11 C-C151 C-G C-P MU- MUE1201 MUE MUR
CBD[38] MUC-1 MUC[28] 1 and 2[281 1 and 21281
Detention Facilities N N C N C N N
Heliports N N C C N N N
Mining N N N N N N N
Wireless Communication Facilities P/R[31 P/R[31 P/R[31 P/R[31 P/R131 P/R[31 P/R[�71
Rail Lines/Utility Corridors P P P P P P P
Other C[41 C[1°1 NA NA R[191 NA NA
[1] All permitted and conditional uses subject to special development standards contained in Section 18.520.050.A.
[2] Permitted subject to requirements Chapter 18.742.
[3] See Chapter 18.798 Wireless Communication Facilities,requirements for permitted and restricted facilities.
[4] Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses.
[5] All permitted,limited and conditional uses must meet special development standards in Section18.520.050.B.
[6] Residential units permitted by right,as a mixed use in conjunction with a commercial development,on or above the second floor of the structure,at densities not to exceed 12 units/net acre.
[7] Limited to 10,000 gross square feet in size,except retail food and beverage outlets,which are limited to 40,000 gross square feet or less.
[8] Limited to motor vehicle cleaning only.
[9] When combined in single structure,each separate establishment shall not exceed 5,000 gross square feet.
[10] Uses operating before 6:00 AM and/or after 11:00 PM;or drive-up windows are conditional uses.
[11] A single-family unit providing that it is located on the same site with a permitted or conditional use in and is occupied exclusively by a caretaker or superintendent of the permitted or conditional
use.Multifamily housing is permitted as part of a PD,subject to Chapter 18.350.
[12] Cleaning,sales and repair of motor vehicles and light equipment is permitted outright; sales and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and boats
permitted conditionally.
[13] (Deleted by Ord.09-13)
[14] Restaurant permitted with restriction in size in conjunction with and on the same parcel as a commercial lodging use.
[15] As accessory to offices or other permitted uses,the total space devoted to a combination of retail sales and eating/drinking establishments may not exceed more than 20%of the entire square
footage within the development complex.
[16] May not exceed 10%of the total square footage within an office complex.
[17] Single-family attached and multi-family residential units,developed at R-40 standards,except the area bounded by Fanno Creek,Hall Boulevard,O'Mara,Ash Avenue and Hill Street,within
which property zoned for CBD development which shall be designated R-12 PD and shall be developed as planned developments in conformance with the R-12 District standards.
[18] Motor vehicle cleaning only.
[19] Drive-up windows are permitted to continue if the property had one lawfully in existence prior to the adoption of the MU-CBD designation.Otherwise,not permitted.
[20] All permitted and conditional uses subject to special development standards contained in Section18.520.050.C.
[21] Multifamily residential,at 25 units/gross acre,allowed outright.Pre-existing detached and attached single-family dwellings are permitted outright.
[22] New retail and sales uses may not exceed 60,000 gross leasable area per building within the Washington Square Regional Center or Tigard Triangle except for those areas zoned C-G at the time the
MUE zoning district was adopted in the Tigard Triangle.
[23] All activities associated with this use,except employee and customer parking,shall be contained within buildings.
[24] Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use,and does not exceed the floor area of the permitted use.
[25] Permitted provided the use is no larger then 60,000 square feet of gross floor area per building or business.
[26] Household living limited to single units, attached, and multi-family including but not limited to apartments, attached condominiums,townhouses and rowhouses at a minimum density of 25
dwelling units per acre and a maximum density of 50 dwelling units per acre.
[27] Wireless only as attached to structure within height limit,see Chapter 18.798.
[28] All Permitted and Conditional Uses subject to special development standards contained in 18.630
[29] Group living with five or fewer residents permitted by right;group living with six or more residents permitted as conditional use.
[30] Pre-existing housing units permitted.Conversion of pre-existing housing units to other uses is subject to the requirements of Chapter 18.630.
[31] Permitted for pre-existing housing units,subject to requirements Chapter 18.710.
[32] Except water,storm and sanitary sewers,which are allowed by right.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 105
Commentary
Note 39 was added to ensure that custom arts and crafts uses are appropriate in scale to the downtown area.
Use Classification Development Code Amendment DCA2010-00004
Page 106 July 12, 2010
Code Amendments
[33] In-home day care which meets all state requirements permitted by right;freestanding day care centers which meet all state requirements permitted conditionally.
[34] This use is allowed only in mixed-use developments in the Washington Square Regional Center.Commercial uses shall occupy no more than 50%of the total floor area within the mixed-use
development,and shall be permitted only when minimum residential densities are met.An exception to the requirement that commercial uses may be permitted only if residential minimum
densities are met is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan(3/28/2002).The exempted properties are identified as
assessor map number: 1 S 135AA-00400,1 S 135AA-01400,1 S 135AA-01900,1S 1 AA-01901,1S1 35DA-02000,1 S 135AA-02500,1S 135AA-02600,1 S135AA-02700,1S 1 35DA-01900,and
1 S 1DA-02000.These parcels,or parcels created from these parcels,after the effective date of this ordinance,maybe developed as a solely commercial use with a use permitted in the MUR-1 or
MUR-2 zones.
[35] The maximum building footprint size permitted for any building occupied entirely by a commercial use or uses shall be 7,500 square feet.An exception to the limit on the size of a building
occupied by commercial uses is provided for properties zoned commercial prior to implementation of the Washington Square Regional Center Plan(3/28/2002).The exempted properties are
identified as assessor map number:1S135AA-00400,1S135AA-01400,1S135AA-01900,1S1AA-01901,1S135DA-02000,1S135AA-02500,1S135AA-02600,1S135AA-02700,1S135DA-
01900,and 1 S 1DA-02000.On these parcels,or parcels created from these parcels,after the effective date of this ordinance,a commercial development is not limited to a specific square footage,
however,all other dimensional standards of the MUR-1 and MUR-2 zoning district apply which may limit the ultimate size of commercial development.
[36] Only for properties that were lawfully in existence(as permitted,conditional,or planned development)prior to the adoption of the MU-CBD designation.
[37] New retail and sales uses may not exceed 60,000 square feet of gross leasable area per building in all subareas except 99W/Hall Corridor subarea.(See Map 18.610.A)
[38] All developments subject to Chapter 18.610,Downtown Urban Renewal Standards,and Map 18.610.A.
9 t. Arts an. r.ft .s- . nit-x ••. 11 -tof.r.•. tionar-a.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 107
Commentary
This amendment fixes a consistency error found in all three zoning district chapters. The word
limited is used incorrectly, as Subsection "A" above, as well as the Use Tables,utilize the word
"restricted"rather than "limited".
Use Classification Development Code Amendment DCA2010-00004
Page 108 July 12, 2010
Code Amendments
Chapter 18.530
INDUSTRIAL ZONING DISTRICTS
18.530.030 Uses
A. Types of uses. For the purposes of this chapter, there are four kinds of use:
1. A permitted (P) use is a use which is permitted outright, but subject to all of the
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 18.230;
2. A restricted (R) use is permitted outright providing it is in compliance with special
requirements, exceptions or restrictions;
3. A conditional use (C) is a use the approval of which is at the discretion of the Hearings
Officer. The approval process and criteria are set forth in Chapters 18.310 and 18.320. 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 18.230;
4. A prohibited (N) use is one which is not permitted in a zoning district under any
circumstances.
B. Use table. A list of permitted, wed restricted, conditional and prohibited uses in industrial
zones is presented in Table 18.530.1.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 109
Commentary
The addition of Custom Arts and Crafts does not establish a new use within this chapter.
Rather,it is to ensure consistency across all three Use Tables contained in the Tigard
Development Code (Residential, Commercial, and Industrial). This category was created
through Council Ordinance 10-2,which established this new category of land use within the
Tigard Central Business District. However, only the Commercial District Use Table was
amended to include this new use. This new language will correct this omission and clarify where
Custom Arts and Crafts are and are not allowed.
Minor reformatting to remove clusters of uses is also proposed. These clusters do not serve a
functional purpose as one cluster has multiple use classifications.
Use Classification Development Code Amendment DCA2010-00004
Page 110 July 12, 2010
Code Amendments
TABLE 18.530.1
USE TABLE: INDUSTRIAL ZONES
USE CATEGORY I-P I-L I-H
RESIDENTIAL
Household Living R' R' R1
Group Living N N N
Transitional Housing N N N
Home Occupation N N N
CIVIC(INSTITUTIONAL)
Basic Utilities C14 C14 P
Colleges N N N
Community Recreation C1° Cl° C1°
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
Custom Arts and Crafts N 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 R4' N N
—Outdoor Sales N P P
—Animal-Related P P P
Motor Vehicle Related
—Motor Vehicle Sales/Rental R4'12'13 P P
—Motor Vehicle Servicing/Repair C P P
—Vehicle Fuel Sales P P/C7 P
Office P N N
Self-Service Storage P P P
Non-Accessory Parking P P P
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 111
Commentary
Minor reformatting to remove clusters of uses is also proposed. These clusters do not serve a
functional purpose as one cluster has multiple use classifications.
Use Classification Development Code Amendment DCA2010-00004
Page 112 July 12, 2010
Code Amendments
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
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 113
Commentary
No changes to the Table notes are proposed.
Use Classification Development Code Amendment DCA2010-00004
Page 114 July 12, 2010
Code Amendments
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.
7 Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case
it is permitted conditionally.
8 Explosive storage permitted outright subject to regulations of Uniform Fire Code.
9 Day care uses with over five 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.
11 These limited uses, shall only be allowed in IP zoned property east of SW 72nd Avenue. These
uses, separately or in combination shall not exceed 60,000 square feet of gross leasable area in a
single building, or commercial retail uses with a total of more than 60,000 square feet of retail
sales area on a single lot or parcel, or on contiguous lots or parcels, including those separated only
by transportation right-of-way.
12 These limited uses, separately or in combination,may not exceed 10,000 square feet/lot.
13 This use limited to boat sales/rental only.
14 Except water and storm and sanitary sewers,which are allowed by right.
Use Categories Development Code Amendment DCA2010-00004
July 12, 2010 Page 115
Commentary
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Use Classification Development Code Amendment DCA2010-00004
Page 116 July 12, 2010
Inside Back Cover
Outside Back Cover
Mil
City of Tigard
TIGARD Memorandum
To: President Dave Walsh and Planning Commission Members
From: Darren Wyss, Senior Planner
Re: Economic Opportunities Analysis Advisory Committee
Date: July 9, 2010
At its July 19th meeting, the Planning Commission will act in its role as the Economic Opportunities
Analysis Advisory Committee. The Commission will have the opportunity to discuss and provide
feedback on the first two products from the consultant team. The first, the Draft Community
Economic Development Objectives (CEDOs) (Attachment 1), are statements that define how the
community plans to approach economic development into the future. The CEDOs were developed
based on the Tigard Comprehensive Plan Goal 9 policies. The second is a list of stakeholders and
the questions that will be asked of them during a phone interview. The intent is to glean local
information from professionals familiar with the economic development climate in Tigard. This can
then be compared with the review of employment and economic trends currently being performed
as Task 2 in the Scope of Work (Attachment 3).
Steve Faust, Senior Planner for Cogan Owens Cogan,will join us for the discussion.
The next meeting of the Economic Opportunities Analysis Advisory Committee (September 20th)
will be focused on reviewing the products from Tasks 2 and 3, and getting direction on the initial
findings from Task 4 that inventories existing supply of land available for
development/redevelopment.
As always,if you have any questions that you would like to discuss before the workshop, please
feel free to contact me at darren(atigard-or.gov or 503-718-2442. See you on Monday,July 19th.
I:\LRPLN\Planning Commission\2010 PC Packets\7-19-10-PH-DCA2010-00004 Use Classifications-WS-EOA Mtg\Records
Division Packet\6-07-19-10 TSP BOA AdvisComm Memo.doc
COGAN
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320 WOODLARK BUILDING
813 SW ALDER STREET O W EN S FC t iNIL Ns
(ONLICT rasuLJTioN
PORTLAND,OREGON 97205-3111 COGAN ENVIRONMENT IN.\II1•:DI;VILOPNII:NT
503/225-0192 • FAx 503/225-0224 1N NTAL PROJECT N1:1N:1C;EM1E:NT
cociaccgannwcns.com • www•.coganowcn...com ' c,OVI;RNMFNT.IL(OMMIJNITYRF'L.1TFONS
MEMORANDUM
DATE: July 9, 2010
TO: City of Tigard, DLCD
FROM: Steve Faust and Ellie Fiore, Cogan Owens Cogan, LLC; Todd Chase, FCS
Group, Inc.
RE: Statement of Preliminary Community Economic Development Objectives
The City of Tigard is updating the Economic Development (Goal 9) element of its
Comprehensive Plan. Cogan Owens Cogan, LLC (COC) and FCS Group, Inc. (FCS) are
conducting an Economic Opportunities Analysis (EOA) in accordance with the
Department of Land Conservation and Development's Goals 9 guidelines. The
preliminary Community Economic Development Objectives (CEDOs) below are based
on interviews with City staff and a review of Tigard's economic development vision,
goals and policies. COC will update the CEDOs based on comments from the Planning
Commission and interviews conducted with key stakeholders, including state and
regional agencies, the Chamber of Commerce, Tigard Central Business District
Association, and local employers and developers.
1. Encourage businesses that provide family-wage jobs to start-up, expand, or
locate in Tigard.
2. Develop industry clusters, and preserve jobs, through the retention, expansion,
and recruitment of industries that already have a presence in Tigard.
3. Promote well-designed and efficient development and redevelopment of
vacant and underutilized industrial and commercial lands.
4. Ensure the City's land use and other regulatory practices are flexible and
adaptive and that adequate public facilities and infrastructure exist to support a
diverse and stable economic base.
5. Focus significant employment growth in Tigard's designated centers and
corridors and support the development of efficient regional multi-modal
transportation systems.
6. Limit the development of retail and service uses in Tigard's designated industrial
areas to preserve the potential of these lands for industrial jobs. Support
neighborhood commercial uses to meet smart growth goals.
COGAN OWENS COGAN IS A LIMITED LIABILITY COMPANY
July 9, 2010
City of Tigard
Goal 9 Update: Economic Opportunities Analysis
Stakeholder Interviewees and Interview Questions
Potential Stakeholder Interviewees (To be narrowed to 10-12)
Name Organization E-mail Phone
Mark Ellsworth Economic Revitalization Mark.ellsworth @state.or.us 503 526
Team (ERT) 2656
Paul Grove OEDD Paul.grove @state.or.us 503-986
0192
Debi Mollahan Tigard Area Chamber of debi @tigardchamber.org 503 639
Commerce 1656
Mike Marr Tigard Central Business
District Association
Mace Rich Washington Square
Lincoln Center
Oregon Business Park/PAC
Trust
Mike Stevenson B&B Printing
Pam Brown West Coast Bank
George Specht Specht Properties
Western Family Foods
Fought and Company
Jonathan Westside Economic
Schlueter Alliance
Bonnie George Fox University
Nakishmada
Stakeholder Interview Questions
1. What is Tigard's primary market advantage within the state and region with regard to
attracting population and jobs? What do you feel are its greatest assets?
2. I'm going to read you a list of 7 items. From the list, please identify Tigard's primary
strengths as a place to do business.
a. Access to local markets and customers
b. Available, skilled workforce
c. General business climate
d. Interaction with firms in the same and/or related industries
e. Proximity to 1-5 and other transportation corridors
f. Adequate public infrastructure (transportation, utilities, etc.)
g. Quality of life
3. (Optional- for employers) Do you have plans to maintain or expand your business in
Tigard? If not, will you relocate within the region or elsewhere? Why or why not?
1 COGAN
OWENS
COGAN
July 9, 2010
4. What geographic area(s) do you think best defines Tigard's competitive market region
for commercial office, retail and industrial development?
5. The City is interested in redevelopment in its downtown and along the Highway 99
corridor, developing a mixed-use district in the triangle south of Highway 99 and north of
Highway 217, and adding more neighborhood commercial uses to meet local needs. Do
you agree with these priorities? Why or why not? Are there other areas or corridors the
City should focus on?
6. What can Tigard do locally to complement the regional and state economy?
7. What type of land and/or economic development actions or incentives are most
needed in the City to nurture job growth and private investment?
8. What actions should be taken by the City to create a more balanced and sustainable
community?
9. Along those lines, the city wishes to better balance jobs and housing. What types of
housing do you think are most needed?
10. What business clusters exist or should exist in Tigard? What can the City do to build and
strengthen these clusters?
11 . What opportunities and challenges are there to expanding the traded sector in Tigard?
What goods and services could be produced locally rather than imported, and what
could be exported?
12. Are there certain goods or services that you think are missing in the City of Tigard today?
13. Is there anything else you'd like to add?
2 COGAN
[)WENS
COGAN
Attachment A - Narrative
City of Tigard Economic Opportunities Analysis
Project Narrative
1. Goals and Objectives
The overall purpose of the project is to improve the chances that Tigard can get the type and
quality of economic development desired by its citizens, achieve the goals of the Tigard
Comprehensive Plan, and create opportunities to meet the aspirations that have been
developed during Metro's Making the Greatest Places process. Additionally, an updated
Economic Opportunities Analysis will ensure the City of Tigard remains in compliance with
Oregon Statewide Planning Goal 9 as the City goes through the Periodic Review process.
This project will be completed during one-biennium and will help to meet objectives
outlined by Tigard citizens and recently adopted into the Tigard Comprehensive Plan. These
objectives include:
• The City shall establish strategies to retain and encourage the growth of existing
businesses.
• The City shall actively encourage businesses that provide family-wage jobs to start up,
expand or locate in Tigard.
• The City shall provide appropriately zoned lands and development regulations to
accommodate a contemporary mix of economic activities.
• The City shall engage with state and regional economic development organizations and
agencies to sustain and expand its current economic activities and be prepared for future
economic trends.
2. Products and Outcomes
The outcome of the grant will be an adoption ready Economic Opportunities Analysis
(BOA). The BOA will be developed in compliance with OAR 660 Division 9 and be
performed as part of the City's periodic review work program under the Economic
Development task.
The anticipated significant effect of the project is to help focus the City's efforts to grow its
economy and maintain its quality of life. This will happen by ensuring an adequate supply of
appropriately zoned land is available for existing businesses to expand and thrive and for
new employers to utilize within the City of Tigard.
Department of Land Conservation and Development Page 1 of 8
City of Tigard 2009-2011 General PR Fund Grant Agreement PR-U-11-176
Attachment A—Grant Narrative
3. Work Program,Timeline,and Payment
Task 1. Preparation
Purpose:Reduce cost and delay,anticipate obstacles,prevent surprises and keep planning
activities aligned with local policy.
Deliverables: 1. A locally approved Statement of Community Economic Development
Objectives. 2. Evidence of support and coordination from key cooperating organizations
and agencies.
Schedule:March 2010 to April 2010
Activities will include:
A. Review Oregon's land use program with DLCD staff to understand key concepts.
Review will include:
i. OAR 660, division 9, Economic Development;
ii. 660-009-0005(10) - Short-term supply of land;
iii. 660-009-0010(5) -Adequate planning effort;
iv. 660-009-0020(1)(a) -Economic development objectives;
v. OAR 660, division 24,Urban Growth Boundaries (UGB);
vi. 660-024-0040(5) - Employment land need;and
vii. 660-024-0040(8) - Safe harbors.
B. Prepare an informal draft Statement of Community Economic Development Objectives
looking back at the economic history of the area and changes affecting that tradition,
looking forward at new opportunities, and defining a series of actions to be taken to
achieve a desired and sustainable result.
C. Define a study area to analyze for economic and land use trends,which is typically a
region sharing inter-dependent economic activity. Describe why the area was chosen and
include a brief narrative about current conditions and activity.
D. Define a planning area,which is typically the existing UGB and may include potential
expansion and urban reserves. It is useful to describe why the area was chosen, and
include a brief narrative about current conditions and activity.
E. Gather and review any available regional economic development, employment data,real
estate market data and area context information that has been published by entities such
as: state and local governments, economic development agencies,ports and other
development districts, the regional Business Development Officer for the Oregon
Economic and Community Development Department,and Oregon's interagency
Economic Revitalization Team.
F. Meet with federal, state,regional and local economic development agencies to discuss
cooperation,participation and possible sources of funding for planning and
implementation activities.
G. Identify typical planning and implementation policies, activities and tools, and gather
evidence of support from key cooperating organizations (especially municipal and county
boards and commissions, and Oregon's Economic Revitalization Team).
Department of Land Conservation and Development Page 2 of 8
City of Tigard 2009-2011 General PR Fund Grant Agreement PR-U-11-176
Attachment A—Grant Narrative
Task 2. Trends Analysis
Purpose:Identify economic development opportunities likely to expand or locate in the study
area within the planning period. Determine the percentage of that employment growth
reasonably expected within the planning area.
Deliverable (milestone):An estimate of job growth associated with the economic development
opportunities likely to expand or locate in the planning area within the planning period
consistent with OAR 660-024-0040(5) -Employment Land Need. It will be based on review
of employment forecasts from the Oregon Department of Employment, and a custom
employment forecast prepared by a competent professional.
Schedule:April 2010 to May 2010
Activities will include:
A. Review OAR 660-009-0005—Definitions,to understand key concepts and terms, and
OAR 660-009-0015(1) —Review of Economic Trends.
B. Meet with Oregon Department of Employment staff to discuss employment trends in
the Economic Opportunities Analysis study area.
C. Review an employment forecast provided by the Oregon Department of Employment
and have consultant produce a customized estimate of job growth to supplement the
state data.
D. Review national, state,regional, county,and local economic trend data including,but not
limited to,population and job forecasts by sector over the planning period.
E. Assess economic development potential by analyzing factors such as location, size and
buying power of local and export markets for goods and services;workforce training
opportunities;availability of transportation facilities for access and freight mobility;
access to suppliers and utilities,including telecommunications;and other service
infrastructure.
F. Meet with local and state economic development professionals regarding local economic
development potential for industrial and other employment opportunities in the study
area. Incorporate results from interviews or consultations into the EOA.
G. Acquire and incorporate information published by the Oregon Economic and
Community
Development Department documenting demand for sites in the study area that may not
be reflected in the current employment data.
Department of Land Conservation and Development Page 3 of 8
City of Tigard 2009-2011 General PR Fund Grant Agreement PR-U-11-176
Attachment A—Grant Narrative
Task 3. Site suitability analysis
Purpose:Understand the types of sites needed to successfully implement the Statement of
Community Economic Development Objectives.
Deliverable (milestone):Catalog of the range of site types suitable for the employment uses likely
to expand or locate in the study area.
Schedule:May 2010 to June 2010
Activities will include:
A. Identify the employment land uses appropriate for the study area,based on results of the
trend analysis. Include specific site sizes, special site requirements or other characteristics
affecting the needed land supply such as a mixture of site sizes or sites with proximity to
facilities.Also identify land needs that may arise from the expansion of existing businesses
and the recruitment or location of new businesses into the study area.
B. Acquire and incorporate information published by the Oregon Economic and Community
Development Department that documents specific market-based development practices and
site requirements that may affect the current inventory and need for additional suitable
employment land.
Payment#1:$10,000 (Interim Payment)
Task 4. Inventory of suitable sites
Purpose:Determine the current availability of sites suitable for employment uses likely to
expand or locate in the planning area.
Deliverable (milestone):Inventory of available sites suitable for employment uses likely to
expand or locate in the planning area within the planning period.
Schedule:June 2010 to September 2010
Activities will include:
A. Inventory and analyze the planning area's existing supply of industrial and other
employment lands for development constraints which may include:wetlands,habitat
areas,environmental contamination,topography, cultural resources,infrastructure
deficiencies,parcel fragmentation, natural hazard areas, ownership patterns,and other
suitability and availability criteria in order to determine the readiness of the current land
supply for industrial and other employment development.
The inventory will examine opportunities for redevelopment of existing sites,including
sites in the core areas of cities. It will consider the cost of preparing land for the
designated use as part of an EOA by including a residual value analysis as part of the
analysis of development constraints.
Department of Land Conservation and Development Page 4 of 8
City of Tigard 2009-2011 General PR Fund Grant Agreement PR-U-11-176
Attachment A—Grant Narrative
B. As part of any adjustment to an UGB for employment land,review employment land
need and associated policies in OAR 660, division 024. OAR 660-024-0040(5) requires a
determination of the need for a short-term supply of land. OAR 660, division 9,
encourages local governments to include policies relating to the short-term supply of
land. Designation of short-term supply is described in OAR 660-009-0025(3).
Task 5. Assessment of potential
Purpose:Understand the process, and reduce the cost and risk associated with designating the
amount of the employment land.
Deliverable (milestone):An estimate of the need for employment land within the planning area
for the planning period by category of site type. It will include a brief narrative of any
identified process, cost or risk factors;and describe the community's ability to manage those
factors.
Schedule:September 2010 to October 2010
Activities will include:
A. Estimate the total number of sites needed in the study area for the planning period by
categories of sites,based on information collected in the previous tasks. Include a
minimum,maximum and most likely number of sites needed for each identified category
within the planning period.
B. Estimate the types and amounts of industrial and other employment uses likely to occur
in the planning area. Refer to Assessment of Community Economic Development
Potential in OAR 660-009-0015(4). Include a brief narrative that explains the factors that
determine the planning area's capture of employment growth in the study area.
C. Identify pertinent planning,implementation, specific site, financial and real estate market
process, cost and risk factors associated with the designation of additional employment
land.
D. Analyze the information gathered to estimate total number of sites by the various
categories defined by the local government needed within the planning area for the
planning period.
Payment#2:$20,000 (Interim Payment)
Department of Land Conservation and Development Page 5 of 8
City of Tigard 2009-2011 General PR Fund Grant Agreement PR-U-11-176
Attachment A—Grant Narrative
Task 6. Develop detailed implementation policies based on completion of previous steps
Purpose:Provide specific guidance to community leaders and staff.
Deliverables(milestone):A list of recommended economic development implementation
policies to be included in the comprehensive plan that were identified by the EOA process.
Schedule:October 2010 to November 2010
Activities will include:
A. Identify local government activities that will be needed to successfully implement the
Statement of Community Economic Development Objectives. Include changes to the
land supply,updates to comprehensive plans, additions to infrastructure facilities,new
intergovernmental agreements,updated management practices,public-private
partnerships,workforce training and adjustments to real estate economic factors. Include
techniques to increase the community's ability to respond to economic development
opportunities with speed and flexibility.
B. Identify appropriate local government actions and investments of leadership, capacity,
staff time,public finance tools and statutory authority needed to successfully implement
the Statement of Community Economic Development Objectives.
C. Identify available methods to fund local government activities that will be needed to
successfully implement the Statement of Community Economic Development
Objectives.
D. Identify investments in infrastructure,workforce,amenities and other community
improvements necessary in order to attract job growth. Demonstrate that methods are
available and there is local commitment to fund the improvements.
E. When using residual value analysis to justify an adjustment to the current supply of
suitable sites, apply the same analysis to all sites proposed for changes of designation,
including all proposed expansion sites outside the current UGB. Identify policies to
correct residual value development constraints within the planning period, or reasonably
demonstrate that correction is not possible. Residual value analysis is intended to remove
from the short-term inventory,those industrial sites with a persistent negative residual
value.These sites have development constraints that can't be resolved for the designated
use by reasonable local government action.
Department of Land Conservation and Development Page 6 of 8
City of Tigard 2009-2011 General PR Fund Grant Agreement PR-U-11-176
Attachment A—Grant Narrative
Task 7. Prepare final Economic Opportunities Analysis
Purpose:Have an adoption ready EOA that satisfies the requirements of Statewide Planning
Goal 9.
Deliverables(milestone):Final adoption ready City of Tigard Economic Opportunities Analysis.
Schedule:November 2010 to December 2010
Activities will include:
A. Present the draft EOA to the EOA Project Team and the regional Business
Development Officer for the Oregon Economic and Community Development
Department;receive and incorporate comments into final product.
B. Formulate final EOA to satisfy DLCD grant requirements in accordance with the
procedures provided in Oregon Administrative Rule 660-009-0015 —Economic
Opportunity Analysis.
Payment#3:$5,000 (Final Payment)
4. Review Criteria
N/A
5. Project Partners
Oregon Economic and Community Development Department—will contribute
information/services to the project
Metro—will contribute information/services to the project
Oregon Department of Employment—will contribute information/services to the project
Department of Land Conservation and Development—will contribute information/services
to the project and advise on compliance with Statewide Planning Goal#9
Oregon Economic Revitalization Team—will contribute information/services to the project
Department of Land Conservation and Development Page 7 of 8
City of Tigard 2009-2011 General PR Fund Grant Agreement PR-U-11-176
Attachment A—Grant Narrative
6. Cost-Sharing and Local Contribution
Volunteer services (City of Tigard staff time) - $4000
Senior Planner—Long Range Planning Division (grant manager and review)
Associate Planner—Long Range Planning Division (project support and review)
Community Development Director (project review)
Assistant Community Development Director (project review)
Contributed Materials (City of Tigard) -$250
Copies of Draft Materials for Distribution and Review
Map Prints from Plotter
Department of Land Conservation and Development Page 8 of 8
City of Tigard 2009-2011 General PR Fund Grant Agreement PR-U-11-176
Attachment A—Grant Narrative
20. Grantee agrees that any notice issued by the grantee, which is eligible for reimbursement under
ORS 227.186—Notice to City property owners, for costs incurred for Measure 56—Land Owner
Notification are not reimbursable under this grant agreement.
21. Grant agrees to submit Economic Opportunities Analysis(EOA)materials according to the EOA
specifications in Attachment-D.
22. Grantee agrees to comply with EOA standards and contents requirements per Attachment-D.
EOA product(s)will comply with the Oregon Statewide Planning Goal 9—Economic
Development requirements and OAR 660-09-0015 as defined in Attachment-D.
23. Grantee agrees to not use or charge grant contract funds for consultant(s)trip expense(s),
lodging, or any other expense submitted by consultant(s), except for the initial consultant(s)trip
to the city and product(s)produced by consultant(s).
24. Grantee agrees to not use or charge grant contract funds for all non-scheduled meetings,
hearings, and notices. The grantee may use its own funds, or in-kind contributions.
25. Grantee agrees to provide copies of all final product(s)produced under this grant to DLCD in
the manner described in the following Special Award Conditions Table and in Attachment A.
26. Grantee agrees to perform the following activities described in further detail in the Special
Award Conditions Table below and the Grantee's application(Attachment A). Where
appropriate, a reference to the application numbering has been made in the"Item#"column.
Note: designation P1,P2=Interim Payment one or two. FP=Final Payment of contract; Rl or
R2=Report one or two.
SPECIAL AWARD CONDITIONS, PRODUCT(S), ACTIVITIES OR PRODUCT(S)
TABLE
Item Target/ Due Reimbursement
Product(s), Activities or Payments Date Amount
Activity: Obtain the Consultant and appoint advisory
committee.
Product(s): (1)Report on selection process including the
1 consultant's name, organization, address,telephone number, 05/10/2010
email address, and copy of the signed contract. (2)Report on
formation of Advisory Committee list names, addresses,
telephone numbers and email addresses.
Activity: R1 —Report One "Submittal of reports without
payment request"Submittal of Product(s) listed in Grant Item
1.
R1 Product: Send one(1) copy of the product(s) in a hard copy 05/15/2010
and one(1) digital CD to the grant administrative specialist
and one(1) copy of the product(s) in a hard copy and one (1)
digital CD to the grant manager at the addresses listed in
Attachment B—DLCD Contact Information.
Department of Land Conservation and Development Page 5 of 13
City of Tigard 2009-2011 General Fund PR Grant Agreement PR-U-11-176
Item Target/ Due Reimbursement
Product(s), Activities or Payments Date Amount
Activity:Perform the activities listed as A through G in
Task 1.Preparation under Section 3 of the Grant Application
and Narrative,Attachment A.
2 06/30/2010
Products: (1)Approved Statement of Community Economic
Development Objectives and(2)Evidence of support and
coordination from key organizations and agencies.
Activity: Perform the activities listed as A through G in
Task 2. Trends Analysis under Section 3 of the Grant
Application and Narrative,Attachment A.
Product: Report estimating job growth associated with the
3 economic opportunities likely to expand or locate in planning 07/30/2010
area within the planning periodic consistent with OAR 660-024-
0040(5),and based on review of employment forecasts from
ODE,and a custom employment forecast prepared by competent
professional.
Activity: Perform the activities listed as A and B in Task 3. Site 1
Suitability Analysis under Section 3 of the Grant Application
and Narrative,Attachment A.
4 08/31/2010
Product: Report cataloging the range of site types suitable for
the employment uses likely to expand or located in the study
area.
Activity: Perform the activities listed as A and B in
Task 4. Inventory of Suitable Sites under Section 3 of the Grant
Application and Narrative,Attachment A.
5 11/30/2010
Product: Inventory of available sites suitable for employment
uses likely to expand or locate in the planning area within the
planning period.
Activity: Perform the activities listed as A through D in
Task 5.Assessment of Potential [Sites] under Section 3 of the
Grant Application and Narrative,Attachment A.
6 Product: Report estimating the need for employment land within 12/17/2010
the planning area for the planning periodic by category of site
type,including narrative of any identified process, cost or risk
factors and a description of the community's ability to manage
those factors.
Department of Land Conservation and Development Page 6 of 13
City of Tigard 2009-2011 General Fund PR Grant Agreement PR-U-11-176
Item Target / Due Reimbursement
Product(s), Activities or Payments Date Amount
Interim Payment: Reimbursement up to $25,000.00 upon
submittal of products listed in Grant Items 2 through 6, above;
and a signed Attachment C: DLCD Interim Reimbursement
Form request acceptable to DLCD.
Submit: one(1)copy each of the products in a hard copy and
one (1) CD to the grant manager, and one(1) copy each products
P1 in a hard copy and One(1)CD to the grant administrative 12/17/2010 $25,000.00
specialist to addresses listed in Attachment B—DLCD Contact
Information.
Send Attachment C—Interim Reimbursement Form, and
accompanying products to the grant administrative specialist.
Payment will not be made until all copies are received in the
Salem Office and approved by DLCD.
Activity: Perform the activities listed as A through E in
Task 6. Develop Detailed Implementation Policies Based on
Completion of Previous Steps under Section 3 of the Grant
Application and Narrative, Attachment A.
7 01/28/2011
Product: List of recommended economic development
implementation policies to be included in the comprehensive
plan that were identified in the economic opportunity analysis
process.
Activity: Perform the activities listed as A and B in
Task 7. Prepare Final Economic Opportunity Analysis under
Section 3 of the Grant Application and Narrative,
8 Attachment A. 03/25/2011
Product: Final "adoption-ready"City of Tigard Economic
Opportunity Analysis
Final Adoption and Submittal of Work Task Option
If Item 8 is completed on Target Date
Activity: Prepare and Hold Planning Commission Hearing using
Products from Items 2-8-hearings ready EOA and PC
Recommendations. 05/03/2011
9 Product(s): Draft ordinance, staff report(s), Draft EOA proposal
and agenda.
Activity: Prepare and Hold City Council Hearing using Products
from Item 9 on EOA. 05/17/2011
10 to
Products(s): Adopted UGB changes, findings, signed ordinances 05/24/2011
and PC recommendation, agenda, meeting minutes.
Department of Land Conservation and Development Page 7 of 13
City of Tigard 2009-2011 General Fund PR Grant Agreement PR-U-11-176
Item Target/ Due Reimbursement
Product(s), Activities or Payments Date Amount
Activity: Prepare Attachment F—PR Form 1 DLCD
Periodic Review Work Task Submittal Form per OAR
660-025-130-Submission of Completed Work Task from
Item 2 - 10 include Notice of Objection Letter to Public, List
of Participants, Participants request notification, Signed
Ordinances, and findings supporting ordinances.
11 Product: Attachment F—PR Form 1 DLCD Periodic 05/31/2011
Review Work Task Submittal Form per OAR 660-025-
130-Submission of Completed Work Task and all of the
above in this Item 2 through 10.
Send Attachment F and Items 9through 14 Products in a hard
copy and digital CD to the Grant Administrative Specialist at
the address listed in Attachment B—DLCD Contact
Information.
Final Payment: Reimbursement up to $10,000.00 and the
balance of the previously unused grant funds from P1,above, for
this grant award upon submittal of products listed in Grant
Items 7- 11, above, and submitted no later than May
31,2011; and a signed Attachment C-DLCD Final
Reimbursement Form request acceptable to DLCD.
Submit, no later than June 30,2011 (30 days after the closeout):
FP one(1)copy each of the products in a hard copy and one(1)CD 05/31/2011 $10,000.00
to the grant manager, and one(1) copy each products in a hard
copy and One(1)CD to the grant administrative specialist to
addresses listed in Attachment B—DLCD Contact
Information.
Send Attachment C—Final Reimbursement Form,and the
accompanying products to the grant administrative specialist.
Payment will not be made until all copies are received in the
Salem office and approved by DLCD.
TOTALS $35,000.00
Department of Land Conservation and Development Page 8 of 13
City of Tigard 2009-2011 General Fund PR Grant Agreement PR-U-11-176
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
July 19,2010
1. CALL TO ORDER
Vice President Vermilyea called the meeting to order at 7:02 pm. The meeting was held in the
Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd.
2. ROLL CALL
Present: Commissioner Anderson;
Commissioner Doherty;
Commissioner Gaschke;
Commissioner Hasman;
Commissioner Muldoon;
Commissioner Schmidt; and
Vice President Vermilyea
Absent: Commissioner Ryan; Commissioner Shavey; President Walsh
Staff Present: John Floyd, Associate Planner;
Susan Hartnett, Assistant CD Director;
Doreen Laughlin, Sr. Administrative Specialist;
Gary Pagenstecher, Associate Planner; and
Darren Wyss, Sr. Planner
3. COMMUNICATIONS - None
4. CONSIDER MEETING MINUTES
June 21st Meeting Minutes: Vice President Vermilyea asked if there were any additions,
deletions, or corrections to the June 21st minutes; there being none,Vermilyea declared the
minutes approved as submitted.
5. PUBLIC HEARING
DEVELOPMENT CODE AMENDMENT (DCA) 2010-00004
- USE CLASSIFICATIONS
STAFF REPORT
Associate Planner,John Floyd gave the staff report on behalf of the City. [The staff report
is available to the public one week in advance of the meeting].
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Floyd told the commissioners that his plan for this evening was to give a simple clarification
and an update. He said there are two big "firsts":
1. The first major code amendment under the Regulatory Improvement Initiative.
More will be coming in the near future; and
2. The first use of a new format for Text Amendments (Attachment 1). The aim of this
new format is to provide a cleaner, clearer presentation,with comments and
proposed changes on facing pages.
Despite the 128 pages contained in the staff report and attached amendment package, the
purpose of this text amendment is not to expand or restrict existing uses allowed within the
Tigard Zoning Code. Rather, the amendment seeks to improve the existing code by making
it consistent, clear, and up to date.
On pages 1 and 2 of Attachment 1,is background information and a project summary.
The amendment package is intended to address a number of underlying problems with this
chapter:
• Insufficiently detailed to enable some land uses to be clearly identified and assigned
to a land use category.
• It is inconsistent in the level of detail provided for each land use category, some are
just a list of examples, while others provide lengthy descriptions and accessory uses.
• New kinds of businesses have emerged in recent years,which were not anticipated or
included when the chapter was written.
To address these issues, staff looked to the Portland Development Code for precedents of
language and formatting. This was done because the Tigard Code was based upon an early
draft of the Portland Code. Given this shared parentage, and the many refinements made to
the Portland Code over the years, we were able to find some elegant solutions that fit the
structure and intent of our own code.
That said, staff has made a strong effort to retain existing language to the extent practicable.
We are not adopting the Portland code wholesale, just looking to it for a strong precedent in
how to clarify and simplify our own code.
➢ A new section to guide administration of the chapter. This is found on pages 7-9,
and includes a list of items to be taken into consideration. These include things
like hours of operation, number of vehicle trips, how the business advertises itself,
and the relative amount of floor space and sales activity of different types of uses
on site.
➢ Clarification of existing use categories by reformatting them into four general
subcategories: Characteristics, Accessory Uses, Examples, and Exceptions.
Existing language is being retained as much as practicable, but expanded and
clarified where necessary.
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➢ The proposal includes minor text corrections and formatting changes within the
Definitions Chapter, and Zoning District Chapters, to coincide with changes
being made to the Use Classification Chapter.
➢ The amendment creates one new Land Use Category: "Custom Arts and Crafts,"
(page 41) recently established as part of the Tigard Downtown District
Development and Design Standards. During that update, this land use category
was inserted into the Commercial Zones Use Table, and the Definitions chapter,
but not the Use Classifications chapter. The amendment corrects this omission.
➢ Includes specific exceptions for incidental and temporary outdoor activities, such
as Christmas Tree Lots, which historically have been regulated the same as
permanent land uses conducting "Outdoor Sales."
➢ The proposal includes new uses not addressed in past versions of the code,
including, "doggy-daycares" and "beverage container redemption centers."
➢ In order to achieve consistency and clarity regarding their intent, two land use
categories are seeing a change in their allowed uses:
1. Personal Services and Repair-Oriented Retail (Pages 56-57)
2. Basically, dry-cleaners and other uses requiring more than one visit per
transaction are being moved from Personal Services to Repair-
Oriented Retail.
3. This change required the City to send out Measure 56 notices to
approximately 150 property owners in the C-P, MUR-1, and MUR-2
zoning districts, predominantly located in the Metzger Area and along
Scholls Ferry Road.
➢ Finally, staff has alphabetized the land uses categories and "raised" them up in the
hierarchy. This change is most readily seen at the top of Page 7,where
Subchapter headings are listed in red. The idea is to reduce the length and
complexity of citations.
No public comments have been received by staff, either orally or in writing, though some
general inquiries were made by recipients of the Measure 56 notices. These were generally
asking for clarification of what changes were being made, and how specific projects may or
may not be affected.
Recommendation:
Staff recommends that the Planning Commission find in favor of the proposed code text
amendments (Attachment 1 to the staff report),with any alterations as determined through
the public hearing process, and make a final recommendation to City Council.
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QUESTIONS OF STAFF
John, can you explain what the practical effect of the change, for example, the
modification for dry cleaners... practically...what does it mean for those businesses?
"In the MUR1 zone district - basically in the urban district personal services are allowed.
Repair oriented retail is not. Should you wish to develop this property and include dry
cleaners as part of that, he will not be able to do so. That would be a practical effect of that
change."
Are there any other changes like that, besides the dry cleaners? "Basically the pet
groomers are affected if you drop off your animal and come back to pick it up — that would
be moved; however, if it was more of a self dog-wash type of place— that would make it
personal services."
Susan Hartnett,Assistant Community Development Director, stepped in to clarify a point:
"As we've been working on this, we've really asked ourselves `why' repair-oriented is not
allowed in those zones - and we cannot find a solid basis for that. It may be something we
want to revisit, but what we were really clear about in this project was we were not going to
start changing what use categories were allowed in the zones. We didn't want to suddenly say
that all repair-oriented was allowed in those three zones. That may be a question you may
want to ask and have us answer, but not as part of this project because it has a much broader
implication. When I look at the two use categories though, I look at the impact... and I
don't see a significant difference,which is why I say— `why is one allowed and one not
allowed?' But that is an historic issue and not one we're trying to correct today."
Do we know if there are any existing businesses that are affected by these changes,
as opposed to undeveloped properties that prospectively may be affected by them?
Hartnett answered, "We're not aware of any and, as John Floyd mentioned, all the properties
affected by this were sent notification that clarified what these changes would mean to them.
If there were any out there, they would be considered legal non-conforming uses —they
would not lose their status — they would be allowed to continue under that grandfathering."
TESTIMONY IN FAVOR OF THE APPLICATION
Larry Knudsen, 8660 SW 82nd Portland, OR 97223 [owner of"Larry's Custom Christmas
Tree Lot"] spoke neither for, nor against, but wanted to clarify his businesses' status. He said
he was the `one in question' last year that had to leave rather abruptly [on the corner of Oak
and Hall Blvd.] One of the commissioners said he thinks the City is still apologizing about
that and that no one was happy about being the Christmas "Grinch." Mr. Knudsen said he
understood that, and that he'd tried to make things work but they just didn't seem to work
out, however; by the grace of God he said they were able to move and finish the season out
— so that was a good thing. His main question was "What does it look like for the future —
for somebody in the MUR-2 zone [in his line of business]?"John Floyd answered, "This is
the amendment that will help this situation. As I understand it, in the past, the Christmas
tree lots were regulated in the same way as permanent outdoor sales. Under this amendment
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package, there is a very specific exception for Christmas tree lots. They are not considered
outdoor sales. They will be considered `temporary activities' and regulated as such."
At this point, Susan Hartnett spoke about the difference between `temporary activities' and
`outdoor sales.' She said, "The `Temporary Uses' chapter was recently revised for the
Farmer's Market amendments. That chapter still needs some work. We have created a
clarification in this new chapter under outdoor sales - to clarify that anything that is a
temporary use is not considered an outdoor sales use. One of the things we are going to be
doing in the next package is revising that entire chapter, in part, to step away from the use of
the word "use" —because these are not temporary `uses', but are temporary `activities' — and
that's what a Christmas tree lot is. It's there for a month, 6 weeks at the most, and then it's
gone. It's not like a `use'- which is a permanent on-site, having ongoing impacts. The
temporary activities chapter, as it's going to be renamed, will clarify how long this kind of
impact should be allowed based on the zones. And in the mixed-use zones, the anticipation
is that it's a more likely active zone and, therefore, temporary activities of this nature for sure
should be allowed. Right now we have a little bit of a glitch— a kind of`circular argument' -
but staff all knows that we're going to ignore that little circular link until we get that fixed.
The intention is - temporary activities are not outdoor sales and therefore not subject to the
zoning requirement that outdoor sales be allowed in the zone in which a Christmas tree lot is
going to be proposed."
Commissioner Vermilyea said, "That was perfectly stated and I'm glad you said it just that
way because now it's on the record so if we make this recommendation to Council, and City
Council passes it, the intent will be to enforce it as Susan has just stated it. So you [Mr.
Knudsen] should be `good to go' for this season." Knudsen thanked them and said that's
what he needed to clarify.
TESTIMONY IN OPPOSITION OF THE APPLICATION
There was no one present in opposition.
PUBLIC HEARING - CLOSED
DELIBERATIONS
Some of the commissioner comments follow:
"The way this is written makes it very,very clear as to what's covered and what's not
covered." "I like the way this is laid out—it makes it much clearer for the user. I did get an
email from Commissioner Walsh and his email indicated he didn't have any issues with it—
he thought it worked well." "All in all—I think this is a good package and very non-
controversial, which is nice."
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MOTION
The following motion was made by Commissioner Doherty, seconded by Commissioner
Muldoon:
"I move that the Planning Commission forward a recommendation of approval to the
City Council of application number DCA2010-00004 and adoption of the findings and
conditions of approval contained in the staff report as amended on page 31.
The motion CARRIED on a recorded vote, the Commission voted as follows:
AYES: Commissioner Anderson, Commissioner Doherty,
Commissioner Gaschke, Commissioner I-Iasman,
Commissioner Muldoon, and Commissioner Vermilyea (6)
NAYS: None (0)
ABSTAINERS: None (0)
ABSENT: Commissioner Ryan and President Walsh (2)
Vice President Vermilyea noted this will go before Council for a vote on September 14th.
6. WORK SESSION —Economic Opportunities Analysis Meeting
Senior Planner Darren Wyss introduced Steve Faust as a Senior Planner with Cogan, Owens,
Cogan (COC). He said they are the consultants who are working on the Economic
Opportunities Analysis (EOA) with the City. He said they are here to give an update on the
progress and future activities in the EOA.
There are three items to cover:
1. The schedule;
2. The Community Economic Development Objectives; and
3. The interviews that have taken place and will continue to take place in the next few
weeks.
1. The schedule:
• Project was funded by a grant from the state. The grant will be completed by
May 31st of next year.
• Included in the packets are: 1) Scope of work with general timelines, 2) Grant
agreement schedule for submitting reports.
• We are finalizing Task 1, which includes drafting the Community Economic
Development Objectives; defining the planning area;gathering data; and
coordinating with state/regional partners by conducting interviews.
• We will continue working on these things the next couple of months
• We've begun Task 2 (the transit houses). We've collected data from the state
and Steve's team has started to analyze that data and that will continue
through the rest of the summer. In September, you'll have data to look at.
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• Task 3 —Site Suitability Analysis will start after task 2 is complete.
• Task 4 —We've started GIS analysis —we need to meet again and refine that
analysis. In September, when we come back on this, we'll have some good
information for you to look at and give feedback on.
• Task 5 — the assessment and potential will be late autumn
• Task 6 — the implementation policies, based on the previous steps, will be
early winter (PC in the form of advisory committee feedback will be important
& meetings will probably be monthly in the fall)
• Completed draft EOA is planned for about the end of March (workshops
with PC in Feb/March for review)
2. Community Economic Development Objectives
• This will define our approach to economic development
• Goal 9 used as guide
• Condensed into a set of broad brushed objectives
COMMENTS / QUESTIONS
"I have a question on `Development and redevelopment of vacant and underutilized
industrial and commercial land-use.' Do we have a method by which we're going to
identify those before we begin promoting them? And,what's our process for that?"
Wyss answered: Task 4 will be the inventory of suitable sites and will define what we
consider to be redevelop-able. And we already have our vacant billable lands inventory that
we update every year.
"Do we have any develop-able land left?" Yes,we have some vacant commercial and
industrial sites in the City. It's pretty limited. We'll have all those numbers for you and a
map that you can look at when we come back in September.
3. Interviews
At this point, Steve Faust gave a brief update on the five interviews to-date. The
following are key points from those interviews:
• Consensus that the City's location is its primary asset, particularly with regard to
transportation corridors and the Portland metro area.
• Quality of life and skilled workforce are also cited as strengths.
• Many regard the Tigard Triangle as a successful/competitive area.
• There is general agreement with the City's priority areas, especially downtown and
the Triangle. There is concern that future development/redevelopment will
compound existing traffic problems.
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• To attract business and population, it is recommended that the City lower business
taxes, develop transportation alternatives, and improve infrastructure (particularly
related to transportation).
• There is some support for diversifying housing stock and types of businesses,
including mixed-use districts that bring people downtown and are active outside of
business hours (i.e. evenings).
• There is a need for workforce/low-income housing, particularly near grocery
stores and other neighborhood services.
• No one identified any business clusters or specific opportunities to expand the
traded sector.
NEXT STEPS MEETING - SEPTEMBER 20
• Finalize Task 1 and continue working on 2, 3, & 4
• Bring more info to review in September
• Begin having monthly agenda items related to EOA
7. OTHER BUSINESS —None.
8. ADJOURNMENT
Vice President Vermilyea adjourned the meeting at 7:58 pm.
Doreen Laughlin,Planning Co. sion Secretary
Alf
I ' ►
ATTEST: 1'ice Presiden!Jeremy Vermily:;.
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