Loading...
DIR1990-00005 DATE: 8/7/1990 (� ; ' • .) CODE SECTIONS: 18.520 `TOPIC: Allow Re- development of an Approximately 19,000 Square Foot Warehouse Building for an Industrial Products Distribution Business in the CBD Zone INTERPRETATION: CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 90 -18 PC A FINAL ORDER INCLUDING FACTS, FINDINGS, AND CONCLUSIONS WHICH REVERSES A DIRECTOR "S INTERPRETATION AND CONSIDERS A PROPOSED BUSINESS (HIGH -TEMP N.W.) IN THE CBD (CENTRAL BUSINESS DISTRICT) ZONE AS A WHOLESALE„ STORAGE, AND DISTRIBUTION USE. WHEREAS, High -Temp NW, Inc. requested to locate a business that involves a combination of "wholesale, storage, and distribution" and "manufacturing of finished products" as defined in the Community Development Code in the CBD (Central Business District) zone; and WHEREAS, the Planning Director issued an interpretation of the Community Development Code stating that the business was not permissible because the product fabrication component is an industrial use which is not allowed in the CBD zone; and WHEREAS, High -Temp NW, Inc. appealed the Director's Interpretation to be reviewed by the Planning Commission; and WHEREAS, the Planning Commission reviewed this appeal at a public hearing on July 24, 1990. THEREFORE, the Planning Commission orders that the Director's Interpretation be reversed and that High -Temp NW, Inc. be considered as a "wholesale, storage, and distribution" use as defined in the Community Development Code based upon the following findings: Section 1. Although the precise percentage may vary, the predominant business activity will be "wholesale, storage, and distribution" and "professional and administrative service" as defined in the Community Development Code. "Manufacturing of finished products" will occupy between 10 and 20 percent of the total building floor area and will clearly be a secondary component of the total business operation. Section 2. The Commission's interpretation is consistent with a previous Community Development Code interpretation relating to Magno - Hunphries where the City Council approved a business in the CBD zone with a minor amount of product manufacture. It is further ordered that the applicant be notified of the entry of this order PASSED: This 27th day of July, 1990, by the Planning Commission of the City of Tigard. By: Milton F. Fyre, Vice President, Tigard Planning Commission Additional Information related to this case: CUP90 -0004, 8900 SW Commercial Street, 2S102AA, Tax Lot 4700 MEMORANDUM - TO: Planning Commission / AGENDA ITEM 5.2 FROM: Keith Liden, Senior Planner RE: Appeal of Director's Interpretation High Temp NW, Inc. DATE July 18,1990 On June 14, 1990, a Director's Interpretation was issued regarding a property located at 8900 S.W. Commercial Street and the possibility of establishing a business which has a certain amount of activity devoted to product fabrication. The interpretation concluded that the proposed business, High Temp NW, Inc., was not allowed in the CBD (Central Business District) zone because the fabrication component of the business is classified as an industrial use. • This interpretation was appealed for review by the Commission. Attached is a copy of the original letter from Marvin Bowen, dated May 16, 1990, requesting an interpretation; the Director's Interpretation; a second letter dated June 20,1990, elaborating upon the nature of the business; and the appeal dated June 26, 1990. The Commission should review the information and the testimony received and make a determination whether to uphold, modify, or reverse the Director's Interpretation. HIGHTEMP.DI /kl • �.4 r )_t. ^s, t . June 14, 1990 IOL Marvin D. Bowen cm/ OF WARD Greenberg Plaza 11825 S.W. Greenburg Road OREGON Tigard, OR 97223 RE: Director's Interpretation High -Temp N.W., Inc. Dear Mr. Bowen: I have reviewed your letter of May 16, 1990 regarding a property located at 8900 S.W. Commercial Street with Ed Murphy. You indicate that the property owner has experienced difficulty in selling or leasing the land and existing building due to the regulations of the CBD (Central Business District) zone. High -Temp N.W., Inc., presently located at 9438 S.W. Tigard Street, is interested in purchasing the property. Our response to your inquiry includes a determination as to whether High -Temp N.W., Inc. may be a permitted or conditional use in the CBD zone followed by a brief summary of the recent zoning history of the property. Code Interpretation As described in your letter, the High -Temp N.W., Inc. business would have approximately 2/3 of the floor area devoted to office /warehouse purposes and the remaining 1/3 would be used for product fabrication. The CBD zone allows "wholesale, storage, distribution" as a conditional use (Section 18.66.040, Community Development Code). Therefore, the office /warehouse component of the business could be permitted through the conditional use review process. The fabrication portion of the business is defined in the Code as "manufacturing of finished products" and /or "packaging and processing" which are only allowed in the City's industrial zones (I -P, I -L, and I -H). I have attached these Code . definitions and the list of permitted and conditional uses allowed in the CBD zone..... Since fabrication constitutes a significant portion of the business operation, High -Temp N.W., Inc. may not be allowed as a permitted or conditional use in _the ..CBD zone. History of the CBD Designation The origin of the CBD zone and designation of allowed. uses occurred in conjunction with the TURA (Tigard Urban Renewal Agency) program and the Comprehensive Plan revision of 1982 and 1983. The City Council determined that the prohibition of any new industrial uses was appropriate and that new development should be of a commercial and high density residential nature. The TURA program was repealed in 1983, but the Comprehensive Plan revisions were adopted in November, 1983. Since that time, the Council has been asked to consider, on occasion, changing the zoning to either 1) allow new industrial uses and the expansion of existing 13125 SW Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639 -4171 J ones or 2) designate the area adjacent to the railroad tracks as an industrial zone. The Council rejected these proposals with the finding that insufficient time had passed to reverse the zoning. The Council wanted to give the area time to revitalize as a commercial center. The issue of land use designations for the downtown area was revisited in 1988- 1989 during the development of the Tigard City Center. Development Plan. This process, which included much public involvement, resulted in the retention of the existing CBD land use designation. As a result, the City policy as reflected in the Comprehensive Plan and Community Development Code, remains unchanged from its original intent in 1983. Appeal Procedure This interpretation' :may be appealed, with a fee of $50:00 to the Planning Commission for review in accordance with Section 18.12.010 A. of the'Community Development Code. . An appeal must be filed with the City Recorder, on forms provided by the City, by 3_:00 PM on June 26, 1990. Please contact me if you need any further information... : • Sincerely, Appr.ved b 26///i// I , if Keith S. Liden Ed urphy Di ector Senior Planner Communit Development Dept. BOWEN.DI /kl • MARVIN D. BOWEN ATTORNEY AND COUNSELOR AT LAW GREENBURO PLAZA 11823 S. W. GREENBURO ROAD TIGARD. OREGON 97223 (503) 620 -6565 May 16, 1990 RECEIVED ATTN: Mr. Ed Murphy , i1 Y 1 7 1990 Planning & Development Director Jam/ City of Tigard COMMUNITY DEVELOPMENT P. O. Box 23397 Tigard, OR 97223 Re: 8900 S.W. Commercial, Tigard, Oregon Dear Mr. Murphy: Please be advised that I represent the owner of the property at 8900 S.W. Commercial, Tigard, Oregon. The property has been for sale or rent for approximately three years. This is a 2 story warehouse style building with office space in the upper level. Each time a prospective purchaser or tenant (at least 7) has looked at the property, they have been told to contact the City for permitted use, because of the present Central Business District designation. Each prospective purchaser or tenant has been told by the City that the prospective user's use of the property would not be allowed as not within the permitted uses as allowed for the designation of the Central Business District designation. On a couple of occasions, the owners have secured earnest money agreements from prospective buyers. The prospective buyers, or their agents, have then contacted the City and have been told that the proposed use would not comply with the CBD designation. In all of the above instances, all the proposed uses would have been an allowed use of the property if not for the CBD designation. The owners have again secured a signed earnest money agreement, a contingency of the agreement is that the purchaser be able to use the building. Some data and information on the proposed use are as follows. The buyer is High -Temp N.W. Inc., which is currently doing business at 9438 S.W. Tigard Avenue, Tigard, Oregon. They have been at that location for approximately 6 years. The type of business they plan to conduct at the 8900 S.W. Commercial location is the same type of business that is being conducted at S.W. Tigard Avenue. (This is only about 2 blocks from the area designated as CBD.) A brief description of the business is as follows. High -Temp is a distributor of refractory materials used for industrial and construction uses and consists primarily of 50 pound bags of cement, ceramic fiber insulation, and fire brick. (continued) MARVIN D. BOWEN ATTORNEY AND COUNSELOR AT LAW City of Tigard May 16, 1990 Page Two They employ approximately 13 people. The building would be used approximately 2/3 for office /warehouse purposes, and approximately 1/3 for fabrication. The fabrication that takes place in their operation consists of taking cement mix and casting it into molds which are pre- shaped. There is a very small gas -fired drying oven approximately 8' square, that is used in the fabrication process. Other fabrication includes cutting gaskets for wood stoves, which are sold to Earth Stoves in Tualatin, Oregon. They also, by manual labor, put insulation in some metal parts, also sold to Earth Stoves. The fabrication operations include materials and manual labor and no noisy cutting equipment, pounding, etc. There is some welding on the molds, which averages approximately 2 hours per day, however the welding does not emit any noise and is done behind the closed warehouse doors, so it is not visible from outside. There would not be storage of any materials outside of the building, nor would there be overnight storage of any vehicles outside the building. All trucks used in the business are driven by employees and taken home at night. In addition, High -Temp would be unloading 1 -2 semi trucks per week which takes a nominal time. There are daily deliveries and pickups by UPS. In addition, there are outgoing shipments on a flatbed truck, to local purchasers of their products. Any and all activity of the company, except for loading and unloading of vehicles would be totally enclosed within the building, and the doors would remain closed for security reasons. Because of the numerous times prospective purchasers have been informally turned down for their proposed use of this property, my client believes very strongly that the City has basically condemned their property without paying any just compensation. The building was designed, approved, and built for use as office /warehouse space, and no proposed purchaser is going to make other use of the property without incurring costs probably close to the cost of a new building being constructed on the property. The property taxes on this property are approximately $7,000 a year, plus insurance premiums. By the actions of the City, on several occasions, turning down proposed uses, my client has not had any income from the property for approximately 3 years and has been required to incur out of pocket costs for the annual property taxes, insurance premium costs, and deductible insurance amounts for the vandalism which has occurred to the empty building. (continued) MARVIN D. BOWEN ATTORNEY AND COUNSELOR AT LAW City of Tigard May 16, 1990 Page Three The City has not been successful in getting voter approval for the Urban Renewal Agency to implement the CBD and the property, and others, is again in "limbo ". My client has waited 3 years for the City to make something happen in a new direction, or allow this property to be used as originally intended. Apparently, the City of Tigard is not taking a position to change or delete the Central Business District designation on S.W. Commercial, or is it? My client remains with an empty building, with no funds promised or anticipated by the City of Tigard to implement its Central Business District plan, at any forseeable time in the future. I would appreciate receiving a permit allowing High -Temp N.W., Inc. to be permitted to use the property as set forth in this letter. Permission to use the property, as outlined in this letter, will allow the real estate to again be productive. It also will stop the out -of- pocket costs which have resulted to my client. The City imposed designation of the CBD and the failure of voter approval to implement the area as urban renewal, has cost my client several thousands of dollars per year and, in addition, has been a taking of the property by the City without due process of law and payment of just compensation. My client believes that the continued Central Business District designation, without any means of implementing the designation, should terminate, at least to the extent of granting this request. We are scheduled to close the sale of the property by June 1, 1990. Very truly yours, /' / MARVIN D. BOWEN MDB /cb MARVIN D. BOWEN ATTORNEY AND COUNSELOR AT LAW GREENBURO PLAZA 11825 S. W. GREENBURG ROAD TIGARD. OREGON 97223 (503) 620 -6565 June 20, 1990 CELEEJED FUMING , LJ ( -Mr. Ke ith S. Liden 21 1990 Senior Planner City of Tigard P. 0. Box 23397 Tigard, OR 97223 AND Mr. Ed Murphy, Director Community Development Department City of Tigard P. 0. Box 23397 Tigard, OR 97223 Re: High -Temp N.W. Inc. /8900 S.W. Commercial, Tigard, Oregon Dear Mr. Liden and Mr. Murphy: I received your letter of June 14, 1990 regarding the above - referenced. As I discussed with Keith over the counter a week or so ago, the 1/3 representation of my letter of May 16, 1990 for fabrication purposes, I believed was a high estimate by the purchaser's intended use of the building. I have attached to this letter, 2 pages consisting of the floor plans of the warehouse building at 8900 S.W. Commercial. On the first page, the shaded areas shows the area which would be dedicated to fabrication and is the only area which will be used for fabrication. The top floor of the building would not be used in any manner except as office space. On the enclosed, the first page shows there would be approximately a little over 10% of the total square footage of the building used for fabrication. In this fabrication process, there is no use of water or processed water, oil, grease, gas, diesel, chemicals, any contaminants, pesticides, etc. The oven used as part of the fabrication process generates no more heat than what would be given off by a heater used for heating a room to a mean, comfortable temperature. There will be no noise emitted from the building in the fabrication process, there is no heavy pounding, etc. There is some welding in the building at 2 stations as shown on the plan, however, doors will be closed at all times and any light emissions from the welding will not be visible from the exterior of the building. (continued) MARVIN D. BOWEN ATTORNEY AND COUNSELOR AT LAW Messrs. Liden and Murphy June 20, 1990 Page Two Also, there will never be any vehicles parked overnight, i.e. trucks, pickups, etc. The pickup or deliveries to the location will be 1 or 2 semi trucks per week, which take a nominal time to load or unload and otherwise will be no more than single axle vehicles. Given some of the uses of various buildings in the CBD, I do not believe that the fabrication by High -Temp N.W. within the building would be significant in terms of: 1. Square footage utilized. 2. Activity which would be a land -use change of the property. 3. Be considered industrial use in the overall sense of the building given the activity and square footage used. 4. Would not be detrimental to the CBD as it now exists or even contemplated to exist in the near future. We had a pre - application hearing with Jerry Offer yesterday, and intend to submit a conditional use application if your code interpretation letter of June 14, 1990 could be changed, given the information in this letter, so that fabrication by High -Temp N.W. Inc., as stated in this letter, does not, or would not constitute a significant portion of the business operation, and their operations would be allowed as a permitted conditional use in the CBD zone. I appreciate reconsideration of your letter, and would be very happy for a favorable interpretation. Very truly yours,' MARVIN D. BOWEN Attorney for Owners MDB /cb Enclosures cc: Eagleson Heritage High -Temp N.W., Inc. _ -- •. . 16 1935 - I . - _ABg*Ktio.JV -. . -- 3 LOBBY _ . .. .. PRO Duch of 7 - 25 110 I g,891 . 7 A 1. !O• _ X/ bI O O N . C° r _. - 'A m OFFICE l�r ` �, o 4 r OPEN STORAGE AREA 109 v4L LA) al . f. • = Q 11 134 o ' -- BUILDING SKETCH - 11. OPEN STORAGE AREA 2.0 ' MAIN FLOOR I . g, ax Y?,. STOR. 4M2 Barad �:. . } LEAD ING . STORAGE DOCK 67 . _ . - _ F IST - AIR . `- -- 1 INCH = 20 rr - _ . ' - OPEN STORAGE AREA .. _ SI1OR. r BATH BATH -- ro F . - T_. = _ 9" FOYER 9 , 94 11 . . .- • 1 . I • 10 y UPPER FLOOR • 27 _.. - .- OFFICE 2 OFFICE • -.. STAIRS 23 . . _._... OFFICE - - _... - - - - - OFFICE 36 OFFICE r 24 T OFFICE _ . _ t�]QQK H OFFICE OFFICE 50 - - - T -- - . -. -' _. __ ._.. • _.._- - - -r • - - - - ... -- - - - -- y. - MEMORANDUM CITY OF TIGARD, OREGON TO: Keith Liden, Se r P er June 26, 1990 FROM: Cathy Wheatley ity Re rder SUBJECT: Appeal of Director's Interpretation Received from Roger A. Smith, High -Temp, N.W. (Director's Interpretation Letter dated June 14, 1990 Keith, attached is an appeal of a director's interpretation as noted above. Please advise Mr. Smith of the date and time this will be heard before the Planning Commission. As you and I discussed, Mr. Smith will be applying for a Conditional Use before the outcome of his appeal is known in the hopes that he can save some process time. He understands that he is taking a risk in that he must pay for the Conditional Use process and then not be able to proceed because his appeal is denied. )rn Thanks. Attachment • , . i . i ` LAND USE DECISION APPEAL FILING FORM 11-- City of Tigard supports the citizen's right to participate in local government. Tigard's Land Use (---"----,,,,4,0„."*. Code therefore sets out specific requirements for .,,"• t filing appeals on certain land use decisions. CIETll .;; 1,4 �. The following form has been developed to assist you in ®�E� ®� filing an appeal of a land use decision in proper form. To determine what filing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at 639 -4171. 1. APPLICATION BEING APPEALED: Director's interpretation letter dated June 14th, 1990. 2. HOW DO YOU QUALIFY AS A PARTY: Potential building and land purchaser. 3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW: This proposal qualifies for conditional use. Magno- Humphries Inc. and Kaufman's Streamborn Fly Shop have previously been granted conditional use for manufacturing and fabrication in the central business district. We believe that our application meets this previously approved conditional use for the small amount of manufact- uring performed by High -Temp N.W. Inc. (Please see attached letter for additional points of evidence.) 4. SCHEDULED DATE DECISION IS TO BE FINAL: 5. DATE NOTICE OF FINAL DECISIO AS_ /'� ►: June 14th, 1990 6. SIGNATURE(S): ‘4/15,7 XXXXXXXXX)()( X XXXX XXXX X XXXXXXXX)()()()()( XXX )(XXXXXXX*XXXXX)()(XXX)(XX-X -X *X- - )EXXXXXXX)4-XX• FOR OFFICE USE ONLY: Received By : £ aDh.ers +1 Date: (d.W/ v Time: Q :30e.M Approved As To Form By: 6 );ma)-1e. Date:( /x6/40 Time: Denied As To Form By: Date: Time: Receipt No. Amount: x-x x #Xx -XXxa x-x-x -x x x x x- x-x- X- X)(-)X- X-x- x-x-X-x-x - x- x- x- x- Xx*K -X x -x-x-X x x x x x x x x X- x-x- x- X- X- X-x- x-EX-X x x x X x- )t -)FX•X X-X*x X* RCQiv“d 1 U etk ,in &e 6 (0(4/0 C u011 13125 SW Nall Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503'1639-4171 HIGH TEMP N.W 9438 S.W. TIGARD ST • TIGARD, OREGON 97223 • (503) 684 -3920 2839 NANSEN DR. SUITE A -2 • MEDFORD, OREGON 97504 • (503) 772 -9555 June 26, 1990 Planning Commission City of Tigard P.O. Box 23397 Tigard, OR 97223 RE: Appeal of Directors Interpretation The following points are submitted as additional support to the appeal for conditional use: 1) Immediate area is primarily industrial; (ie; Magno- Humphries Inc. East, Railroad tracks South, Tri -Met Transit Center West, Fire Station and Kaufman's Streamborn Fly Shop, in_addition to various businesses North.) 2) High -Temp N.W. is primarily warehouse distributor with small amount of light fabrication. 3) High -Temp N.W. has been in Tigard six years, employing 10 -20 persons at current location, three blocks from proposed new site. 4) Site location has been vacant 11/2 years. High -Temp N.W. will remodel interior and exterior of building as well as required public use areas, adding considerably to the beauty of the area, which is currently an eye sore to the CBD, and a continual vagrant haven. Sincerely, HIGH -TEMP NW INC/ A ,/ d" W j � Fri R er A. Smith RS:aa NOTE TO THE FILE FROM: /VC IT a RE : R.CC 02:s ( oTG2.9 AZ ► 01J FILE: 1 ( 0/40 DATE: (0 46 /40 T A L I 0 MR-. 12 crC.Ks On S / 2-0/40 LLIT; 2- 14l141GU A1vt6ovr -io 7slr- 4c1: /c 1J -bg_io X02 r,4S2. eATtot.) 4-- ASsEn,s�•1 wo 2_ . - v A-c Dore- -1)641,10P L J o L)�-D “AvC. z' 1 G - C t1L 5JV' /J - 7 QT 4 A W &01,- 14ithic - TO TX, M l�bC '1 3 - Tov 0 `7c WDV i---t2) AgLe- YO 'v1eb.) (1 f t) ?/Z 7J J c-fl `fir- rc -.ate �1 -ft 642- 2e/ 5 MARVIN D. BOWEN ATTORNEY AND COUNSELOR AT LAW GREENBURG PLAZA 11825 S. W. GREENBURG ROAD TIGARD, OREGON 97223 (503) 620 -6565 June 20, 1990 JU N 2_ I yJ� Mr. Keith S. Liden n�-- Senior Planner City of Tigard P. O. Box 23397 Tigard, OR 97223 AND i-Mr. Ed Murphy, Director Community Development Department City of Tigard P. O. Box 23397 Tigard, OR 97223 Re: High -Temp N.W. Inc. /8900 S.W. . Commercial, Tigard, Oregon Dear Mr. Liden and Mr. Murphy: I received your letter of June 14, 1990 regarding the above - referenced. As I discussed with Keith over the counter a week or so ago, the 1/3 representation of my letter of May 16, 1990 for fabrication purposes, I believed was a high estimate by the purchaser's intended use of the building. I have attached to this letter, 2 pages consisting of the floor plans of the warehouse building at 8900 S.W. Commercial. On the first page, the shaded areas shows the area which would be dedicated to fabrication and is the only area which will be used for fabrication. The top floor of the building would not be used in any manner except as office space. On the enclosed, the first page shows there would be approximately a little over 10% of the total square footage of the building used for fabrication. In this fabrication process, there is no use of water or processed water, oil, grease, gas, diesel, chemicals, any contaminants, pesticides, etc. The oven used as part of the fabrication process generates no more heat than what would be given off by a heater used for heating a room to a mean, comfortable temperature. There will be no noise emitted from the building in the fabrication process, there is no heavy pounding, etc. There is some welding in the building at 2 stations as shown on the plan, however, doors will be closed at all times and any light emissions from the welding will not be visible from the exterior of the building. (continued) MARVIN D. BOWEN ATTORNEY AND COUNSELOR AT LAW Messrs. Liden and Murphy June 20, 1990 Page Two Also, there will never be any vehicles parked overnight, i.e. trucks, pickups, etc. The pickup or deliveries to the location will be 1 or 2 semi trucks per week, which take a nominal time to load or unload and otherwise will be no more than single axle vehicles. Given some of the uses of various buildings in the CBD, I do not believe that the fabrication by High -Temp N.W. within the building would be significant in terms of: 1. Square footage utilized. 2. Activity which would be a land -use change of the property. 3. Be considered industrial use in the overall sense of the building given the activity and square footage used. 4. Would not be detrimental to the CBD as it now exists or even contemplated to exist in the near future. We had a pre - application hearing with Jerry Offer yesterday, and intend to submit a conditional use application if your code interpretation letter of June 14, 1990 could be changed, given the information in this letter, so that fabrication by High -Temp N.W. Inc., as stated in this letter, does not, or would not constitute a significant portion of the business operation, and their operations would be allowed as a permitted conditional use in the CBD zone. I appreciate reconsideration of your letter, and would be very happy for a favorable interpretation. Very truly yours, ! MARVIN D. BOWEN Attorney for Owners MDB /cb Enclosures cc: Eagleson Heritage High -Temp N.W., Inc. AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. _ City of :Tigard ) • I, 6e 11 11s(1 V \ , being first duly sworn /affirm, on oath depose and say: (Please print) That I am a J/l ,1C Q r ( " 1 a,( for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director L-Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked Exhibit "A ") was mailed to each named persps at the address shown on the attached list marked exhibit "B" on the ;1 of \J.( Ot 19 ° Jb , said notice NOTICE OF DECISION as hereto attached, was posted - n an appropriate bulletin board on the •31 - day of );lQ , 19 '10 ; and deposited in the United States Mail on the 5%5:: dair of tJ,& tL , 19 90 , postage prepaid. Prepared Notice /Posted (For Decision Only) Subacribed and sworn/affirm to me on the - day 19 c if" _ NOTARY PUBLIC OF OREGON - Hy;.G�ommission Expires: - 5 _ fs, • Person who delivered to POST OFFICE I / / Subscribed and sworn/affirm to me on the )l day of 19 /Jr, j ) ( . /c. • NOTARY PUBLIC OF OREGON ; /- My Commission Expires: �. "/ bkm /AL'rTnAV. BEM • CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING COMMISSION 1. Concerning Case N»mher(s): Director's Interpretation - High -Temp NW, Inc. 2. Name of Owner: N/A Name of Applicant: High -Temp N.W., Inc. 3. Address PO Box 23936 City Tigard State OR Zip 97223 4. Address of Property: N/A Tax Map and Lot No(s).: 5. Request: Appeal of Director's Interpretation 6. Action: _ X Approval as requested Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: X The applicant and owner(s) X Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected governmental agencies 8. Final Decision: TEE DECISION SHALL BE FINAL ON August 7, 1990 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290(B) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs, (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3:30 p.m. August 7, 1990 10. Questions: If you have any questions, please call the City of Tigard Planning Department, 639 -4171. CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 90- 18 PC A FINAL ORDER INCLUDING FACTS, FINDINGS, AND CONCLUSIONS WHICH REVERSES A DIRECTOR'S INTERPRETATION AND CONSIDERS A PROPOSED BUSINESS (HIGH -TEMP N.W.) IN THE CBD (CENTRAL BUSINESS DISTRICT) ZONE AS A WHOLESALE, STORAGE, AND DISTRIBUTION USE. WHEREAS, High -Temp NW, Inc. requested to locate a business that involves a combination of "wholesale, storage, and distribution" and "manufacturing of finished products" as defined in the Community Development Code in the CBD (Central Business District) zone; and WHEREAS, the Planning Director issued an interpretation of the Community Development Code stating that the business was not permissible because the product fabrication component is an industrial use which is not allowed in the CBD zone; and WHEREAS, High -Temp NW, Inc. appealed the Director's Interpretation to be reviewed by the Planning Commission; and WHEREAS, the Planning Commission reviewed this appeal at a public hearing on July 24, 1990. THEREFORE, the Planning Commission orders that the Director's Interpretation be reversed and that High -Temp NW, Inc. be considered as a "wholesale, storage, and distribution" use as defined in the Community Development Code based upon the following findings: Section 1. Although the precise percentage may vary, the predominant business activity will be "wholesale, storage, and distribution" and "professional and administrative service" as defined in the Community Development Code. "Manufacturing of finished products" will occupy between 10 and 20 percent of the total building floor area and will clearly be a secondary component of the total business operation. Section 2. The Commission's interpretation is consistent with a previous Community Development Code interpretation relating to Magno- Humphries where the City Council approved a business in the CBD zone with a minor amount of product manufacture. It is further ordered that the applicant be notified of the entry of this order. PASSED: This ,'�� day of July, 1990, by the Planning o of the City of Tigard. h i Ar • i •n n r- • e ?dent ' : T g.rd Plann ission HIGH- TEM.PFO /kl FINAL ORDER 90 -18 PC - HIGH -TEMP N.W., INC. PAGE 1 ROGER SMITH 3404 SW CARAWAY CT PORTLAND, OR 97219 SAM YOCKEY 9130 SW TRAIL CT PORTLAND, OR 97219 LAWRENCE VIEHL 2424 SW SHERWOOD PORTLAND, OR 97201 JOHN SCERTAS 17010 SW WEIR RD TIGARD, OR 97223 WILLIAM IVY 14825 SW 106TH TIGARD, OR 97223 MARVIN D. BOWEN 11825 SW GREENBURG RD TIGARD, OR 97223