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MIS2011-00001AFFIDAVIT OF MAILING I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a Planning Assistant for the City of Tigard, Washington County, Oregon and that I served the following: I()uck .App.T-w B..(s) B&.) FX1 NOTICE OF DECISION FOR: MIS201 1 -00001 /EWING IRRIGATION NONCONFORMING USE DETERMINATION (Fae No. /Name Reference) AMENDED NOTICE E City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhibit "A ", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B ", and by reference made a part hereof, on March 3, 2011, and deposited in the United States Mail on March 32011 postage prepaid. STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the day of E OFFICIAL SEAL SHIRLEY L TREAT OTARY PUBLIC - OREGON OMMISSION NO. 416777 ON EXPIRES APRIL 25, 2011 2011. "" ")c &Lki' NOTARY PUBLICIOF OREGON My Commission Expires: 4 ( �5� 11 EXHIBITg NOTICE OF TYPE I DECISION EWING IRRIGATION WA ■: NONCONFORMING USE DETERMINATION 120 DAYS = 6/9/2011 SECTION I. APPLICATION SUMMARY FILE NAME: EWING IRRIGATION NONCONFORMING USE DETERMINATION CASE NO.: Nonconforming Use (MIS) MIS2011 -00001 PROPOSAL: The applicant requests a nonconforming use determination for the commercial building located at 10685 SW Greenburg Road to allow wholesale, retail, office, storage, distribution, and outside storage for a landscape irrigation supply facility. APPLICANT: Ewing Irrigation c/o Jinn Hudson 10130 SW North Dakota Street Tigard, OR 97223 OWNER Lanphere Properties V LLC 12505 SW Broadway Street Beaverton, OR 97005 COMPREHENSIVE PLAN DESIGNATION: Mixed Use Commercial. ZONING DESIGNATION: MUC: The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed -use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. LOCATION: 10685 SW Greenburg Road; WCTM 1S135BB, Tax Lot 00700. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.630 and 18.760. SECTION II. DETERMINATION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED a nonconforming use, subject to the findings and conclusions on which the determination is based, noted in Section IV of this decision. NO`I7(_1E OF`1'YPF,I DF ITA IINATION EWING IRRIGA11ON NONCONFORNMING USF.I)I°IFRMINATION PAGE 1 OF 4 SECTION 1I1. BACKGROUND INFORMATION Background: Ewing Irrigation is interested in purchasing the property from Lanphere Properties, current owner of the subject building and parcel. Ewing Irrigation, currently in business at 10130 SW North Dakota, proposes to use the building for wholesale sales, retail sales, office, indoor and outdoor storage and distribution. Vicinity Information: The subject site is surrounded by MUC zoned parcels developed with a mix of commercial uses including commercial storage facilities, gas station, strip mall, and Harley Davidson and Beaverton Honda- Yamaha- Suzuki motorcycle /parts /accessory/sales and service dealerships with interior and exterior display. The subject parcel and the adjacent parcel to the east are owned by Lanphere Properties. Site History: County records show that the subject building (29,477 square feet) was built in 1971 in unincorporated Washington County. A small office addition (1,352 square feet) was built in 1982. The property was annexed into the City in 1983. City zoning maps show that the subject site was zoned Industrial Park J-P) since 1983. The zoning changed to Mixed Use Commercial (MUC) in February 2002 with the adoption of the Washington Square Regional Center Plan. City permit history shows sign and electrical permit activity for Chipman Moving in 1991 and 1999, respectively. Permit activity for Lanphere Enterprises (purchased the property in November 2003) include electrical and plumbing permits and a sensitive lands review for installation of a box culvert across the property for storm drainage improvements. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.760.020 Determination of Nonconforming Use Status A. Director's determination. The Director shall make a determination regarding the legal status of a nonconforming use by means of a Type I procedure, governed by Section 18.390.030, using the following criteria: 1. Proof that the use was permitted by this title at the time it was established, by any of the following: a. Copies of building and /or land use permits issued at the time the use was established; b. Copies of zoning code provisions and /or maps; c. Demonstration that the use was established before the first development code for the community was adopted. The applicant proposes to use the subject property for retail, office, wholesale, storage, distribution, and outside storage for a landscape irrigation supply facility. Under the current MUC zone, sales- oriented retail and office uses are permitted uses. Wholesale Sales (with accessory indoor storage and distribution) is not permitted in the MUC zone and would be a non - conforming use if it was permitted by the Tigard Municipal Code (IMC) at the time it was established. Outdoor Storage is not a listed use in the use Table 18.520.1. Note: Even though not proposed with this request, "Outdoor Sales" is not allowed in the MUC. However, limited outdoor or partially enclosed sales areas are allowed when clearly incidental and accessory to retail uses selling home improvement supplies (Lowe's example). Incidental and accessory describe a subordinate amount or activity and naturally occurring in addition to the primary use. NOTICE OF TYPE I DETERMINATION EWING 11MIGATION NONCONFORMING USE DETERMINATION PAGE 2 OF 4 The applicant provided copies of the Tigard Municipal Code in effect prior to the adoption of the Washington Square Regional Center (February 22, 2002): Chapter 18.68, Industrial Park District was in effect between 1983 and 1998; Chapter 18.530 Industrial Zoning Districts was in effect between 1998 and 2002. The subject property had been zoned I -P from at least 1983 (Comp Plan Map 1983). Applicable uses permitted in the I -P zone included "wholesale, storage and distribution (ii) Light." Chapter 18.42.020 Listing of Use Classifications describes this use as "Wholesaling, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses, or moving and storage firms." (Heavy Industrial, "Wholesale, storage and distribution, Heavy" includes open -air storage for such uses as stone yards and grain elevators). FINDING: Based on the information provided, the applicant has proved that Wholesale Sales (with accessory indoor storage and distribution) was a legally permitted use at the time it was established in 1985 by Chipman Moving and Storage (see affidavit, below). However, the applicant has not proved that "outdoor storage" was permitted at the time it was established, also in 1985 (see affidavit, below). Since outdoor storage is not a listed use, but is a characteristic that differentiates light from heavy industrial, it would be reasonable to assume that some degree of outdoor storage of equipment accessory to the distribution function of wholesale activities would be expected to occur. 2. Proof that the use has been maintained over time. This includes copies of one or more of the following evidence for every other year from the time the use was established until the current year. Standard evidence that the use has been maintained over time includes: a. Utility bills; b. Income tax records; c. Business licenses; d. Listings in telephone, business and Polk directories; e. Advertisements in dated publications, e.g., trade magazines, and /or; f. Building, land use or development permits. The applicant states that they believe, retail, office, wholesale, storage, distribution, and outside storage uses have been maintained over time. The applicant provided affidavits from prior owners of the subject building. 1) An affidavit from Gary Kuntz, Vice President of Chipman Relocations states that Chipman Moving and Storage operated a business on the subject property between 1985 to 2001 which included warehouse, outside storage, and retail uses. 2) An affidavit from Bob Lanphere Jr., states that Lanphere Enterprises has operated a business at the subject property from 2001 to 2011 which included warehouse, outside storage, wholesale and retail uses. In addition, the applicant provided the following information: • Business licenses for Chipman from 1985, 1987, 1992, 1994, and 2000. • Water usage information from 1997- 2011 • Utility (PGE) billing and Alarm Permits for Lanphere from 2004 -2010 • Aerial photographs from 2002 -2009 FINDING: Based on the information provided, it can be determined that the retail, office, wholesale, storage, distribution, and outside storage uses have been maintained over time. E. Nonconforming Situations in Washington Square Regional Center. For nonconforming uses and developments in the Washington Square Regional Center, the standards of Section 18.630.030 apply. NOTICE OF TYPE I DETERMINATION EWING IRRIGATION NONCONFORMING USE DETERMINATION PAGE 3 OF 4 18.630.030 Pre - Existing Uses and Developments within the Washington Square Regional Center Mixed Use Districts. A. Applicability. Notwithstanding the provisions of Section 18.760.040, uses prohibited and structures that would be nonconforming in any of the Regional Center Mixed Use zoning districts that were lawfully in existence at the time of adoption of the Regional Center Mixed Use districts are considered to be approved uses and structures. However, future additions, expansions, or enlargements to such uses or structures, shall be limited to the property area and use lawfully in existence at the time of adoption of this ordinance, February 22, 2002. Pursuant to Tigard Development Code Section 18.630.020.B, existing developments which do not meet the standards specified for a particular district may continue in existence and be altered subject the provisions of Section 18.630.030 (up to 20% expansion with substantial compliance with code; expansion >20% must be in compliance with the code. The applicant has not proposed any improvements or expansion of the existing facilities. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to the applicant and /or owners. Final Decision The determination of the Director on a Type I procedure is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's determination may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MARCH 3, 2011, AND BECOMES EFFECTIVE ON MARCH 4, 2011. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 718 -2434. PREPARED BY: Associate Planner March 3, 2011 NOTICE 01'I1PI? I DETERN11NATI0N EWING IRRIGATION NONCONFORMING USE DETERMINATION PAGE 4 OF 4 7 VICINITY MAP MIS201 1 -00001 EWING IRRIGATION NONCONFORMING USE W Oq�sT DETERMINATION _ f, Subject Site t i1 Greenti f 5RAUY LN — 3 's icrc $If /J GTee - I'S Information on tnrs map Is Tor general location r '' ' only and should be verified with the Development Services Division. °o Hpprox scale 1:4,U00 - f In = JJJ n C � ® Map printea at Us:3o AM on Uz -Mar -f f o 1 O e MAKES DERIVED INO WARRANTY, EPRESENTATION OR GUARANTEE AS TO THE I I� - LUY1 fENT,A00 —T, T1. IINI- Wt GOMPLC1Erv[59- A-- THE UNIA PROVIUEU HEHEIN. 1 Ht GI IY OF TKiARD SHALL ASSUME NO LIABILITY FORANV RRORS.OMISSION S.OR INACCUINACCURACIES IN THE nru „vry W,u[u nCWJJV nv„v cAU u a Ulty of I Igara w p 13125 SW Hall Blvd Feet 4 TI�AR M ApS Tigard, O R 97223 a 0 500 `t ww5w.t639-4ocgov 1S135BB00700 LANPHERE PROPERTIES V LLC 12505 SW BROADWAY BEAVERTON, OR 97005 3�a /ir �� RECEIVED CITY OF TIGARD P.ANI"/ENGINEERFNG ■ City of Tigard Land-Us Permit Apps ati.o n . ftF, -A Imm BY: File # JA,S 011 � QW Other Case # 1 9 1 U 1 9 Date BI Receipt # Fee Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR [] Adjustment /Variance (I or 11) ❑ Historic Overlay (I1 or III) ❑ Site Development Review (II) ❑ Comprehensive Plan Amendment (IV} ❑ Home Occupation (P Q Subdivision (II or III) Conditional Use (III} ❑ Minor Land Partition (II) ❑ Zone Change (III) L] Development Code Amendment (IV) ❑ Planned Development (111) [] Zone Change Annexation (IV) ❑ Downtown Design Review (11, ❑ Sensitive Lands Review (I, II or III} � APN - Cam FOA let A& Jw bFTe'M1 LOCATION WHERE PROPOSED ACYWnY Wal OMR Wdtess if ton a (9 R'5 S W 61 "C-" b13!!! e . i ; r�l. L? `Z - 7 2, 2 TAX MAPS LOT NM I St 3S SK TL 7t3 o TOTALSI'MIS] ZONING CLAM APPUCAMr- ADDREWMVISTA k b ( 3 a S W A) . 3 PHONE 140, U. PRIMARY CXWTACT PURSON PH NH N . ��. .. I- A , N-• v. a sue-• 3 - cot;= y — 'T5.3 0 PR OpPIM O A HOLDER (Atta6i Put if more thus ooe) l . kh ter r �''TroP6v 1 e-S Y NG A 1 ZtP t ZSos W �,rJ`..lw. S} k?0AV6VjV' oTZ.- q.'7tiry S e NQ PAX NO: *When the owner and the spplicmt are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form of submit a written authorization with this app lication. SUMMARY be apwdx) 1>�i�t1 st4.�e� a�'" 1atQrcS Sw ��r<e,.r��tr IL•l. all•no a ta. tS v. 1 t�ll � r� C-1 � ► Aim l, uA V- 1 - i tues ftu, cat uu vLw- c tl �^ �a►.�- pr�q. 4k-J- -}tlayi s \curpin \roastiers \land use applications \otlssr land use agplications.doc City of Tipp 13125 SW Hall Blvd., Tigard, OR 97223 1 503 -718 -2421 1 www.tigard- or.gov ( Page 1 of 2 THE APPLICANT SHALL CERTIFY THAT ♦ Tf the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ ne applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. Own s Signature V Date Owner's Signature Owner's Signature Owner's Signature Owner's Signature Applic Agent /Representative's Signature Date Date Date Date Date Applicant /Agent /Representatives Signature Date City of Tigard 1 13125 SW Hall Alvd.,'figard, OR 97223 1 503 -71 8-2421 1 www.tigard-or.gov I Page 2 of 2 6 1 1 /v t 5 f ' C �:► G ee f��� szott.k�Cf 'To L Y zzw d�us c,S : 0 5 aQ - g -�c f X210 rr1U��, • a N ale, N ti _ �! _ 18.530,030 Uses A. Tyles of uses. For the purposes of this chapter, there are four kinds of use: 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 18.3I0 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 18.2:30; 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, conditional and prohibited uses in residential zones is presented in Table 18,530.1 below. C. Accessory structures. 1. Accessory structures are permitted in all commercial zones providing the site is still in compliance with all development standards, including but not limited to setbacks, height, lot coverage and landscaping requirements, of the base zone. All accessory structures shall comply with all requirements of the Uniform Building Code. All accessory structures except those less than 120 square feet in size require a building permit. 2. All freestanding and detached towers, antennas, wind - generating devices and TV receiving dishes, except as otherwise regulated by Wireless Communication Facilities (Chapter 18.798) shall have setbacks equal to or greater than the height of the proposed structure. Suitable protective anti - climb fencing and a landscaped planting screen, in accordance with Chapter 18.745, Landscaping and Screening, shall be provided and maintained around these structures and accessory attachments. Industrial Zoning Districts 18.530 -2 11126198 Features A . - • . lkq 6J341 COL . - ITMI 58 TC09P Co 1 TC09T Co 145 TC09N Co 63 V8X57 Co 68 ROABX C 115 23222 COL 121 TC09Z Co 57 TCQZX C 61 TC09J Coi 85 TCOA1 Co 81 TC09L Co 114 TC09V Co 135 TC09W C 145 2BQIA Co 290 4KQM5 C 152 7G3GY Cc 133 NCJW6 C 119 4FZG9 Co 96 Grand Coi 2039 TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I -P I -L I -11 RESIDENTIAL Household Living Group Living Transitional Housing Home Occupation CIVIC (INSTITUTIONAL) Basic Utilities Colleges Community Recreation Cultural Institutions Day Care Lmergency Services Medical Centers Postal Service Public Support Facilities Religious Institutions Schools SociaI/F'raternal C lubst Lodges COMMERCIAL Commerciai Lodging Eating and Drinking Establishments Entertainment - Oriented - Major Event Entertainment - Outdoor Entertainment - Indoor Entertainment - Adult Entertainment General Retail Personal Services Repair- Oriented Bulk Sales Outdoor Sales - Animal- Related Motor Vehicle Related - Motor Vehicle Saiesaental - _Motor 'Vehicle ServicinglRepair - Vehicic Fuel Sales Self-Service Storage Non- Accessory Parking R' R' R' N N N N N N N N N C C P N N N N N N N N N R 2 3 R3 R3 P P P N N P P P P P P N N N N N N N N 'v P N R N N N N N P N N P N N N N N lily° N N R' N N P N N N N N N P P P P P N P P C P P F P/C' P P N N P P P P P P Industrial "Zoning Districts 18.530 -3 1 1126198 Fea Deacts A . 0 6J341 COL . 8 TC09R Co 1 TC09T Co 1 TC09R Co 1 TC09T Co 31 TC09R Co 1 TC09T Co 1 TC09R Co 1 TC09N Co 18 V8X57 Col 5 ROABX Ci 29 23222 COL 28 TC09Z Co 11 TCQZX C 19 TC09J Coi. 19 TCOA1 Col 8 TC09L Co 13 TC09V Co 20 TC09W C 44 2BQIA Co 54 4KQM5 C 20 7G3GY Cc 28 NCJW6 C 21 4FZG9 Co 10 Grand Coi 392 USE CATEGORY INDUSTRIAL Industrial Services Manufacturing and Production - Light Industrial - General Industrial - Heavy Industrial Railroad Yards Research and Development Warehouse/Freight Movement Waste - Related Wholesale Saks OTHER Agriculture4brticulture Cemeteries Retention Facilities Heliports Mining Wireless Communication Facilities Rail LinestLttility Corridors Other TABLE 18.530.1 (CON IT) I -P I -L X -H N P P P P P N P P N N P N N P P P P N P P N N P P n P` PS ps N C N C N C C C C N N P P/R P P P P P NA NA P' P= Permitted IL Restricted Conditional Use N =Not Permitted 'A single - family detached dwelling or single - family mobile or manufactured home Mowed 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 owFnerfoperator and family. 2 These limited uses, separately or in combination, may not exceed 20% of the entire ware footage within a development complex. No retail uses shall exceed 60,000 square feet of gross leasable area per building or business. 'In -home day care which meets all state requirements permitted by right. 'Permitted if all activities, except employee and customer parking, are wholly contained with a buildings). '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 160 feet of any nearby resi&nce except a dwelling on the same lot. "See Chapter 18.798, Wireless Communication Facilities, for definition of permitted and restricted facilities in the I -P zone. 'Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is permitted conditionally. 'Explosive storage Permitted outright subject to regulations of Uniform Fire Code. Industrial Zoning Districts 18.5 =04 11/26198 New Deacts NCJW6 Cc 2 Grand Coi 58 18.530.040 Development Standards A. Compliance required. All devetopment must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapters 18.374. 2. All other applicable standards and requirements contained in this title. B. Development Standards. Development standards in industrial zoning districts are contained. in Table 18.530.2 below: TABLE 18.530.2 DEVELOPMEM STANDARDS IN INDUSTRIAL ZONES [13 The provisions of Chapter 18.795 (Vision Clearance) must be satisfied. [21 Includes all buildings and impervious surfaces. [31 No setback shall be required except 50 feet shall be required where the zone abuts a residenrtial zoning district [41 Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1 151 Maximum site coverage may be increased to 80% if the provisions of Section 18.530.0508 are satisfied. [61 Except that a reduction to 20%, of the site may be approved through the site development review process. -PP --Industrial Park District f I -L - Light Industrial [1-H Heavy Industrial Industrial Zasiing Districts 18.530 -5 1 1126/98 I M Lot Size None_ None ; None Minimum Lot Width 50 ft. 50 & t 5 0 ft. Minimum Setbacks - Front Yard 35 ft. 30 R j 30 ft. t - Side facing :street on 1 corner & through lots t 11 20 ft. 20 & 20 ft. - Side yard 1 0150 ft. [31 0150 ft. (3) 0150 ft. [31 - Rear yard 0150 ft. [31 [41 0 /50 fL [31 Qi50 ft. [31 - Distance between: front of garage & property line abutting i a tru�plic car privates street � I ' __ 7�.� yam, 4 M q?; im m heIp�lxt 45 ft. 5 14 YS ft- Ma ximum Site Cove, 2 75 % r-- " $5 % 85 % Minimu L andscapo Itoquirement 1_ 25 Ro�6i T IS 9fc 1 IS 96 [13 The provisions of Chapter 18.795 (Vision Clearance) must be satisfied. [21 Includes all buildings and impervious surfaces. [31 No setback shall be required except 50 feet shall be required where the zone abuts a residenrtial zoning district [41 Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1 151 Maximum site coverage may be increased to 80% if the provisions of Section 18.530.0508 are satisfied. [61 Except that a reduction to 20%, of the site may be approved through the site development review process. -PP --Industrial Park District f I -L - Light Industrial [1-H Heavy Industrial Industrial Zasiing Districts 18.530 -5 1 1126/98 up ueacts 6J341 COL 2 TC09T Co 2 TC09R Co 1 TC09N Co 2 V8X57 Co 1 ROABX C 1 TC09Z Co 1 TCQZX C 2 TC09J Coi 1 TCOA1 Co 1 TC09L Co 3 TC09V Co 3 TC09W C 1 2BQIA Col 5 4KQM5 C 4 NCJW6 Cq 1 4FZG9 Co 2 Grand Coi 33 18.510.050 Additional Development Standards A. Commercial lodging in the _I -P zone. The following development standards shall apply for a commercial lodging facility located in the I -P zone: I . Site size shall be a minimum of two acres and a maximum of five acres. 2. The site shall have access to be approved by the City Engineer to an arterial or major collector street with capacity sufficient to ensure that adequate access to local businesses is maintained. 3, ancillary uses, also permitted in the I -P zone as contained in Chapter 18.530 shall be allowed as integral elements of the commercial lodging development, provided they comprise no more than 20% of total floor area. 4. Signage shall conform to Chapter 18.780. B. Reduction of lot coverage requirements- Lot coverage may be increased from 75% to 80% as part of the site development review process, providing the following requirements are satisfied: 1. The minimum landscaping requirement shall be 20% of the site. 2. The applicant shall meet the following performance standards with regard to the landscaping plan approved as part of the site development review process: a. Street trees, as required by Section 18.745.040 Cl are to be installed with a minimum caliper of three inches rather than the two inches as measured at four feet in height; b. The landscaping between a parking lot and street property line shall have a minimum width of 10 feet; c. All applicable buffering, screening and setback requirements contained in Section 18.745.4150 shall be satisfied. d. The applicant shall provide documentation of an adequate on -going maintenance program to ensure- appropriate irrigation and maintenance of the landscape area. Industrial Zoning Districts 18.530 -6 11/26/98 Go Deacts Grand Count 79 rT 13, Eg NCJW6 Cour 3 TIGARD MUNICIPAL CODE Chapter 18.68. I -P: INDUSTRIAL PARK DISTRICT. 18.68.010 Purpose. 18.68.020 Procedures and Approval Process. 18.68.030 Permitted Uses. 18.68.040 Conditional Uses (See Chapter 18.130). 18.68.050 Dimensional Requirements. 18.68.060 Additional Requirements. 18.68.010 Purpose. A. The purpose of the I -P zoning district is to provide areas: 1. For combining light manufacturing, office and complementary related commercial uses, e.g., restaurant, barber shop, beauty salons, and fitness centers; 2. For combining uses which have no off - site impacts in terms of noise, odor, glare, lights, vibration, smoke, dust, or other types of off -site impacts; 3. For combining parking, landscaping and other design features which physically and visually link structures and uses within one development; 4. Which prohibit residential use; 5. Which utilize a basic street and utility pattern which will permit flexibility in the size of industrial sites; 6. Which provide for a circulation system that provides direct access to arterials or collectors that will not channel traffic through residential areas; 7. Which utilize an internal circulation system which connects to adjoining sites; _.. -. _. 8. Which provide a complete set of pre- - imposed restrictions � -' e , _ . posed ( g., deed _ `restnctions, restriction covenants, etc.), that are enforceable upon all occupants of the industrial park including provisions for site improvement, building design, landscaping, sign control, off- street parking, and site maintenance; 9. Which provide evidence of continuing management responsibility to enforce restrictions established upon the original development plan; and 10. Which recognize the differing transportation requirements of employees and service vehicles with adequate provision for public transit access. (Ord. 89-06; Ord. 83 -52) 18.68.020 Procedures and Approval Process. A. A permitted use, Section 18.68.030, is a use which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. B. A conditional use, Section 18.68.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 90-41; Ord. 89 -06; Ord. 83 -52) 18.68.030 Permitted Uses. A. Permitted uses in the I -P district are as follows: 1. Civic use types: a. Public support facilities; b. Parking facilities; C. Postal services; and 18 -68 -1 Reformatted 1994 TIGARD MUNICIPAL CODE d_ Public safety services; 2. Commercial use types: a. Animal sales and services: (i) Veterinary, small and large animals, b. Automobile and equipment: (I) Repairs, light; and (ii) Sales and Rental, light equipment; C. Building maintenance services, d. Business equipment sales and services; e_ Business support services; f. Communication services; g. Construction sales and services; h. Financial, insurance, and real estate services; i. Laundry services; j. Medical and dental services; k. Participation sports and recreation: (i) Indoor; and (ii) Outdoor; I. Professional and administrative offices; m. Research services; _ _n._ __Vehicle fuel sales; and o. The following uses, separately or in combination, shall not exceed a total of 20 percent of the entire square footage within the development complex: (I) Convenience sales and personal services; (ii) Children's day care; (iii) Eating and drinking establishments; (iv) Personal services facilities; and (v) Retail sales, general; 3. Industrial use types: a. Manufacturing of finished products; b. Packaging and processing; C. Wholesale, storage, and distributim (i) Miniwarehouse, and (ii) Light; 15- r ; 4. Farming, 5. A single -family detached unit or a single manufactured /mobile home provided that the use is limited to the following: a. A dwelling for a caretaker or superintendent which is located on the same site with the permitted industrial use and is occupied exclusively by a caretaker or superintendent of the industrial use and family; or b. A dwelling for a kennel owner or operator which is located on the same site with the kennel and is occupied exclusively by the _ owner or operator. of the kennel and- €arnily; 18 -68 -2 Reformatted 1994 TIGARD MUNICIPAL CODE 6. Family day care; 7. Temporary use; facing a street; however, the provisions of Chapter 18.102 must be satisfied; 8. Fuel tank; or 9. Accessory structures. (Ord. 90 -41; Ord. 89-06; Ord. 86 -08; Ord. 85 -22; Ord. 85 -14; Ord. 84- 73; Ord. 84-69; Ord. 83 -52) 18.68.040 Conditional Uses (See Chapter 18.130). A. Conditional uses in the I -P district are as follows: 1. Automotive and equipment body repairs, light equipment; 2. Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA; 3. Utilities; and 4. Transient lodging. (Ord. 89-06; Ord. 88- 16; Ord. 85-39; Ord. 85 -22; Ord. 83 -52; Ord. 88-16) 18.68.050 Dimensional Requirements. A. Dimensional requirements in the I -P district are as follows: 1. There are no minimum lot area requirements; 2. The average minimum lot width shall be 50 feet; 3. Except as otherwise provided in Chapter 18.96 and Section 18.100.130, the minimum setback requirements are as follows: a. The front yard setback shall be a minimum of 35 feet; b. On corner lots and through lots the setback shall, be_ a .unniumum of 20 feet. can any _lot_ c. No side yard setback shall be required except 50 feet shall be required where the I -P zone abuts a residential zoning district; d. No rear yard setback shall be required except 50 feet shall be required where the I -P zone abuts a residential zoning district. Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy 11.5.1; and e. All building separations must meet all Uniform Building Code requirements; 4. Except as otherwise provided in Chapter 18.98, no building in the I -P zoning district shall exceed 45 feet in height, 5. The maximum site coverage shall be 75 percent including buildings and impervious surfaces. The maximum site coverage may be increased to 80 percent if the provisions of Section 18.68.050.A.6 are satisfied; and 6. The minimum landscaping requirement shall be 25 percent of the site area, except that a reduction to 20 percent of the site may be approved through the development review process when all of the following performance standards are met: a. The approved landscape plan shall provide: (i) Street trees, as required by Section 18.100.035 are to be installed with a minimum caliper of three inches rather than the two inches at four feet in height required by Section 18.100.035.A; (ii) The landscaping between a parking lot and street property line shall have a minimum width of 10 feet. 18 -68-3 Reformatted 1994 (iii) All applicable buffering, screening, and setback requirements shall be satisfied. b. The applicant shall provide documentation of an adequate on -going maintenance program to ensure appropriate irrigation and maintenance of the landscape area. (Ord. 89 -06; Ord. 88 -16; Ord. 85 -32; Ord. 84 -73; Ord. 84-61; Ord. 84 -29; Ord. 83 -52) 18.68.060 Additional Requirements. A. Additional requirements in the 1 -P district are as follows. I. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 2. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards, 18.92 Density Computations, 18.94 Manufactured /Mobile Home Regulations, 18.96 Additional Yard Setback Requirements and Exceptions, 18.98 Building Height Limitations: Exceptions, 18.100 Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off- Street Parking and Loading Requirements, 18.108 Access, Egress, and Circulation, and 18.114 Signs; 3. Site Development Review, Chapter 18.120; 4. Development and Administration, Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal, and 5. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning - Lot Line Adjustment, and 18.164 Street and Utility Improvement Standards. (Ord. 90-41; Ord. 89-06; Ord. 83 -52)0 18 -68 -4 Reformatted 1994 TIGARD MUNICIPAL CODE Chapter 18.70. I -L: LIGHT INDUSTRIAL. 18.70.010 Purpose. 18.70.020 Procedures and Approval (iv) Process. 18.70.030 Permitted Uses. 18.70.040 Conditional Uses (See Chapter 18.130). 18.70.050 Dimensional Requirements. 18.70.060 Additional Requirements. 18.70.010 Purpose. A. The purpose of the I -L zoning is to: i. Provide appropriate locations for general industrial use including light manufacturing and related activities with few, if any, nuisance characteristics such as noise, glare, and smoke; 2. To permit manufacturing, processing, assembling, packaging or treatment of products from previously prepared materials; and 3. To prohibit residential use and limit commercial use. (Ord. 89-06; Ord. 83 -52) 18.70.020 Procedures and Approval Process. A. A permitted use, Section 18.70.030, is a use which is allowed outright, but is subject to all applicable provisions of this title. If a use is not listed as a permitted use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. B. A conditional use, Section 18.70.040, is a use the approval of which is discretionary with the Hearings Officer. The approval process and criteria for approval are set forth in Chapter 18.130, Conditional Use. If a use is not listed as a conditional use, it may be held to be a similar unlisted use under the provisions of Chapter 18.43, Unlisted Use. (Ord. 90-41; Ord. 89-06; Ord. 83 -52) 18.70.030 Permitted Uses. A. Permitted uses in the I -L district are as follows: 1. Civic use types: a. Public support facilities; b. Parking facilities; c. Postal services; and d. Public safety services; 2. Commercial use types: a. Agricultural sales; b. Agricultural services; c. Animal sales and service: (i) Auctioning; (ii) Kennels; and (iii) Veterinary, small and large animals; d. Automobile and equipment: (i) Cleaning; (ii) Fleet storage; (iii) Repairs, heavy and light; (iv) Sales and rental, heavy equipment, farm equipment, light equipment; and (v) Body repairs, light equipment; e. Building maintenance services; f. Construction sales and services; g. ,Laundry services; 18 -70 -1 Reformatted 1994 TIGARD MUNICIPAL CODE h. Research services; and 18.70.040 Conditional Uses (See Chapter 18.130). i. Vehicle fuel sales; 3. Industrial use types: a. Manufacturing of finished products; b. Packaging and processing; and C. Wholesale, storage and distribution: (i) Miniwarehouse; and (ii) Light; 4. Farming; and 5. A single-family detached unit or a single manufactured /mobile home provided that the use is limited to the following: a. A dwelling for a caretaker or superintendent which is located on the same site with the permitted industrial use and is occupied exclusively by a caretaker or superintendent of the industrial use and family; or b. A dwelling for a kennel owner or operator which is located on the same site with the kennel and is occupied exclusively by the owner or operator of the kennel and family; 6. Family day care; 7. Temporary use; 8. Fuel tank; or 9. Accessory structures. (Ord. 90-41; Ord. 89-06; Ord. 86 -08; Ord. 85-39; Ord. 85-14; Ord. 84- 73; Ord. 84 -69; Ord. 83 -52) A. Conditional uses in the I -L district are as follows: 1. Heliports, in accordance with the Aeronautics Division (ODOT) and the FAA; 2• Utilities; and 3. Vehicle fuel sales with convenience sales. (Ord. 89-06; Ord. 83 -52) 18.70.050 Dimensional Requirements. A. Dimensional requirements in the I -L district are as follows: 1. There are no minimum lot area requirements; 2. The average minimum lot width shall be 50 feet; 3. Except as otherwise provided in Chapter 18.96, Additional Yard Setback Requirements and Exceptions, and Section 18.100.130, Buffer Matrix, the minimum setback requirements are as follows: a. The front yard setback shall be 30 feet; b. On comer lots and through lots the setback shall be 20 feet on any side facing a street; however, the provisions of Chapter 18.102 must be satisfied; C. No side yard setback shall be required except 50 feet shall be required where the I -L zone abuts a residential zoning district; d. No rear yard setback shall be required except 50 feet shall be required where the I -L zone abuts a residential zoning district, and 18 -70 -2 Reformatted 1994 1 r TIGARD MUNICIPAL CODE e. All building separations must meet all Uniform Building Code requirements; 4. Except as otherwise provided in Chapter 18.98, no building in the I -L zoning district shall exceed 45 feet in height. 5. Land Division and Development Standards, Chapters 18.160 Land Division: Subdivision, 18.162 Land Division: Land Partitioning - Lot Line Adjustment, and 18.164 Street and Utility Improvement Standards. (Ord. 90 -41; Ord. 89-06; Ord. 83 -52)® 5. The maximum site coverage shall be 85 percent including buildings and impervious surfaces; and 6. The minimum landscaping requirement shall be 15 percent. (Ord. 89-06; Ord. 85-32; Ord. 84 -61; Ord. 84 -29; Ord. 83 -52) 18.70.060 Additional Requirements. A. Additional requirements in the I -L district are as follows: 1. Overlay Districts, Chapters 18.80 Planned Development, 18.82 Historic Overlay District, and 18.84 Sensitive Lands; 2. Supplemental Provisions, Chapters 18.90 Environmental Performance Standards, 18.92 Density Computations, 18.94 Manufactured /Mobile Home Regulations, 18.% Additional Yard Setback Requirements and Exceptions, 18.98 Building Height Limitations: Exceptions, 18.100 Landscaping and Screening, 18.102 Visual Clearance Areas, 18.104 Fuel Tank Installations, 18.106 Off - Street Parking and Loading Requirements, 18.108 Access, Egress, and Circulation, and 18.114 Signs; 3. Site Development Review, Chapter 18.120; 4. Development and Administration, Chapters 18.130 Conditional Use, 18.132 Nonconforming Situations, 18.134 Variance, 18.140 Temporary Uses, 18.142 Home Occupations, 18.144 Accessory Structures, 18.146 Flexible Setback Standards, and 18.150 Tree Removal; and 18 -70 -3 Reformatted 1994 -NOW4 &A"NOM—N-M AWAI Janual) 2$ 2011 To Whom It May Concern 1, Gaty Kuntz,., attest to the fact that Chipman Moving & Storage operated 'a business out of the property located at 10685 SW Greenbuty, Road from 1985 to-20( )I Chipman Moving and Storage used the alxwe-referenced facility- for the- following ffinctions during that 6111e. 1. Warehouse Activities: Warehouse of storage units and packaging materials. & of which were sold to the public. 2. Outside Storage.- Overflow of crated storage units, storage containers, autos. lx-)ats and IVs. Portable containerss, excess pallet rack storage and excess packins. materials. Parking of trucks, trailers and other items used for pickup and delivery of customer items. Retail Activities: Sale of crating and packaging material to the public:-. Gary Kuntz Vice President 10685 SW Greenburg Road Tigard, Oregon 97233 AFFIDAVIT 1, Bob Lanphere Jr., attest to the fact that Lanphere Enterprises operated a business out of the property located at 10685 SW Greenberg Road. From 2001 to 2011, the business was operated under the business and license of the adjacent properly located at 10380 SW Cascade, the primary site for the motorcycle dealership. Lanphere Enterprises has been using the above referenced facility for the following functions since 2001: 1. Warehouse Activities: Storage of motorcycles, ATV's, UTV's, travel trailers, motor homes, boats and PWC's for sale to retail public and dealers. Received and shipped merchandise, units, parts, and accessories. Performed setup and repair on units for sale. Stored office furniture, displays for trade shoes, vintage motorcycles for restoration, and excess store fixtures. 2. Outside Storage: Overflow of crated motorcycles, ATV's, UTV's and PWC, travel trailers, motor homes and boats for sale. Portable containers and excess pallet rack storage and excess building materials. Parking of trucks, trailers and other items used for pickup and delivery of sold and unsold products. 3. Wholesale Activities: Assembly and distribution of new, used, and vintage units. Shipping of units sold to other dealers. Handling and distribution of wholesale parts, units and other miscellaneous products through the internet, Ebay and Craigslist. 4. Retail Activities: Sale of motor homes, travel trailers, boats and vintage parts and units. Display and sell units that were overstock from main store. Used area as a satellite sales facility for customer convenience. r� Bob Lanphere Jr. Date Witnessed by: j # 1 4 4 1 1 Date an 4 1 Ll 2009 1 2007 IO U -ALI* -71 T" 144 41 f !L IN lD O O N 2005 ►11� O O r W 5 Fl�� T' NJ O O u c-I O O N