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DIR1999-00005 iuu/U6o II IUD ( Q • July 30, 1999 qq° CITY OF TIGARD OREGON Mr. Fred Paintner Ankrom Moison Associated Architects 6720 SW Macadam, Suite 100 Portland, OR 97219 RE: Interpretation of Community Development Code for Y proposed use in Industrial Park (I -P) zone ?`:` ' Dear Mr. Paintner: , The City received your request for an interpretation of the Community Development Code to determine the use classification for the proposed Atiya Brothers project. The • following is an evaluation of the zone and the use classifications most closely related to the project you have described. The purpose of the I -P zoning district is to provide appropriate locations for combining light manufacturing, office and small -scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus -like setting. Only those light industrial uses with no off -site impacts, e.g., noise, glare, odor, vibration, are permitted in the I -P zone. In addition to mandatory site development review, design and development standards • in the I -P zone have been adopted to insure that developments will be well- integrated, attractively landscaped, and pedestrian - friendly. S The following uses are permitted without size limitations in the I -P zone and are not conditional uses: Emergency Services, Postal Service, Public Support Facilities, Commercial Lodging, Outdoor Entertainment, Indoor Entertainment, Repair- Oriented General Retail, Animal - Related, Vehicle Fuel Sales, Office, Self- Service Storage, • Non - Accessory Parking, Light Industrial, Research and Development, Wholesale Sales, • Agriculture /Horticulture, Wireless Communication Facilities, and Rail Lines /Utility • Corridors. In your request for an interpretation you have indicated that you feel the proposed use most closely fits the wholesale sales classification. In addition, you have provided a supplemental letter explaining that only 33% of your business at other locations is retail sales and the rest of the revenues comes from commercial, wholesale, builder and designer products and services. You have indicated that you will be submitting an application for site development review for a new building that will have approximately 19% of floor area designated for retail sales. The remainder of the building will be used for wholesale sales, shipping and receiving of the products used for the wholesale sales, as well as, the retail sales and office for the proposed business. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 Page 1 of 2 • The Tigard Community Development Code Section 18.130.020.D.6 defines Wholesale Sales as follows: "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." Offices that are part of and are located within a firm in a use category other than general • office are considered accessory to the firm's primary activity. • Because the designated area serving the general public will meet the parameters of General Retail by encompassing less than 20% of the site and the primary anticipated clientele falls under the definition of Wholesale Sales, the Director is making the interpretation that the primary use proposed is Wholesale Sales and is permitted in the I-P zone. Please be aware that this letter is interpreting the use only and may not be construed as an approval of any proposals that have been discussed with staff. You will still need to submit necessary applications in order to construct and use any new building. This . interpretation does, however, state that the use of the primary portion of the building for the wholesale sales of rugs and carpets and associated storage, shipping /receiving and office is permitted under the wholesale sales use category and is permitted in the I -P • zone. Sincerely, L James N.P. Hendryx Director of Community Development is \curpin\julia\Atiya interpretation.doc c: Richard Bewersdorff, Planning Manager Julia Hajduk, Associate Planner • CU 6 -75 (Microfilm) • 1999 Planning correspondence file Interpretations file • 7/30/99 Mr. Fred Paintner, Ankrom Moison Associated Architects Ltr. Page 2 of 2 Re: Interpretation for proposed use in the I -P zone DATE: 7/30/1999 CODE SECTIONS: 18.130 ( c t - 18.530 TOPIC:I Use Classification: Atiya Brothers in the I -P Zone INTERPRETATION: The City received your request for an interpretation of the Community Development Code to determine the use classification for the proposed Atiya Brothers project. The following is an evaluation of the zone and the use classifications most closely related to the project you have described. The purpose of the I -P zoning district is to provide appropriate locations for combining light manufacturing, office and small -scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus -like setting. Only those Tight industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I -P zone. In addition to mandatory site development review, design and development standards in the I- P zone have been adopted to insure that developments will be well- integrated, attractively landscaped, and pedestrian - friendly. The following uses are permitted without size limitations in the I -P zone and are not conditional uses: Emergency Services, Postal Service, Public Support Facilities, Commercial Lodging, Outdoor Entertainment, Indoor Entertainment, Repair- Oriented General Retail, Animal - Related, Vehicle Fuel Sales, Office, Self- Service Storage, Non - Accessory Parking, Light Industrial, Research and Development, Wholesale Sales, Agriculture /Horticulture, Wireless Communication Facilities, and Rail Lines /Utility Corridors. In your request for an interpretation you have indicated that you feel the proposed use most closely fits the wholesale sales classification. In addition, you have provided a supplemental letter explaining that only 33% of your business at other locations is retail sales and the rest of the revenues comes from commercial, wholesale, builder and designer products and services. You have indicated that you will be submitting an application for site development review for a new building that will have approximately 19% of floor area designated for retail sales. The remainder of the building will be used for wholesale sales, shipping and receiving of the products used for the wholesale sales, as well as, the retail sales and office for the proposed business. The Tigard Community Development Code Section 18.130.020.D.6 defines Wholesale Sales as follows: "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." Offices that are part of and are located within a firm in a use category other than general office are considered accessory to the firm's primary activity. Because the designated area serving the general public will meet the parameters of General Retail by encompassing less than 20% of the site and the primary anticipated clientele falls under the definition of Wholesale Sales, the Director is making the interpretation that the primary use proposed is Wholesale Sales and is permitted in the I -P zone. Please be aware that this letter is interpreting the use only and may not be construed as an approval of any proposals that have been discussed with staff. You will still need to submit necessary applications in order to construct and use any new building. This interpretation does, however, state that the use of the primary portion of the building for the wholesale sales of rugs and carpets and associated storage, shipping /receiving and office is permitted under the wholesale sales use category and is permitted in the I -P zone.