Ordinance No. 00-23 "EXHIBIT A"
CITE'OF TIGARD,OREGON
ORDINANCE NO.00-_2,-
AN ORDINANCE AMENDING THE LANGUAGE OF THE TIGARD COMMUNITY
DEVELOPMENT CODE TO ALLOW DAY CARE USES IN INDUSTRIAL ZONES
WHEREAS, the applicant requested a Zone Ordinance Amendment to allow day care uses either
conditionally or outright in all industrial zones;and
WHEREAS, the City Council opened a Public Hearing on the request on April 11, 2000 and heard
testimony on April 25,2000 and indicated they were supportive of the proposed zone change and directed
staff to prepare langauge and an Ordinance for Council review and approval;and
WHEREAS, Staff prepared recommended language and an Ordinance which was discussed at the
June 20,2000 City Council work sesssion;and
WHEREAS, the City Council determined that the proposed language adequately addressed concerns
regarding protecting both the proposed daycare uses,as well as,existing adjacent industrial uses;and
WHEREAS, the City Council has considered the applicable Statewide Planning Goals and Guidelines
adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found
applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any
applicable provisions of the City's implementing ordinances;and
WHEREAS, the City Council has found the following to be the only applicable review criteria:
Community Development Code Sections 18.380 and 18.390; Comprehensive Plan Policies 5 and 12.3;
The Metro 2040 Plan;and Statewide Planning Goals 1,2,9, 12 and 14;and
WHEREAS, the City Council has determined that the proposed zone ordinance amendment is
consistent with the applicable review criteria and that approving the request would be in the best interest
of the City of Tigard.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The specific text amendements attached to this Ordinance are hereby adopted and
approved by the City Council.
PASSED: This o'Z�" day of 0-un-pi 2000.
Mayor C-i"-01AFigffd
Brian J. Moore, Council President
A7/sT,',—,,-,
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city RweFdff r7* igerd- Greer A.Gaston,Deputy City Recorder
ORDINANCE NO.00- 23 i:curp1ny„1>a\zDa1999-030Rndoc
Page I of 1 19-Jun-00m:47 AM
*"DRAFT**
PROPOSED CHANGES FOR OUTRIGHT PERMITTED USE,WITH RESTRICTIONS
TABLE 15.330.1
USE TABLE: INDUSTRIAL ZONES
IME CATEGORY I-P I-1, I"II
RESIDENTIAL
Household Living R1 R1 R1
Group Living N N N
Transitional Housing N N N
Home Occupation N N N
CMC(INSTITUTIONAL)
Basic Utilities C C P
Colleges N N N
Community Recreation N N N
Cultural Institutions N N N
Day Care W '2 R'o R-2
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
Eating and Drinking Establishments R' 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 RN N
- Personal Services R' N N
- Repair-Oriented P N N
- Bulk Sales N N N
- Outdoor Sales N P P
- Animal-Related P P P
Motor Vehicle Related
- Motor Vehicle Sales/Rental N P P
- Motor Vehicle Servicing/Repair C P P
- Vehicle Fuel Sales P P/C' P
Office P N N
Self-Service Storage P P P
Non-Accessory Parking P P P
Page I of
TABLE 18.530.1(CONi'T)
ISC'ATEGORY
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 W P P
OTHER PS P5 P5
Agriculture/Horticulture
Cemeteries N C N
Detention Facilities C N C
Heliports C C C
Mining N 6 N P
Wireless Communication Facilities P/R P P
Rail Lines/Utility Corridors P P Pa
Other NA NA P
P=Permitted R=Restricted C=Conditional Use N=Not Permitted
to 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.
'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.
'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
building(s).
'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.
6See 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.
D?v care uses with over 5 children are permitted subject to an environmental Impact Assessment in
acc rdance with 18.530,¢50 C 1 T•he design of the day care must fully comply v.ith State of Oreeon
requirements for outdoor o�ensnace setbacks.
Page 2 of 4
18.530.040 Development Standards
A. Complia, ce required. All development 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 18.370.
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.
DEVELOPMENT STANDARDS IN INDUSTRIAL ZONES
STANDARD I-P I-L I-H
Minimum Lot Size None None None
Minimum Lot Width 50 ft. 50 ft. 50 ft.
Minimum Setbacks
-Front yard 35 ft. 30 ft. 30 ft.
-Side facing street on corner&
through lots[1] 20 ft. 20 ft. 20 fc.
-Side yard 0150 ft.[3] 0150 ft.[3] 0150 ft.[3]
-Rear yard 0150 ft.[3][4] 0150 ft.[3] 0150 ft.[3]
-Distance between front of garage
&property line abutting a public
or private street -- --
Maximum height 45 ft. 45 ft. 45 ft.
Maximum Site Coverage[2] 75%[5] 85% 85%
Maximum Landscape Requirement 25%[6] 15% 1 15%
[1]The provisions of Chapter 18.795(Vision Clearance)must be satisfied.
[2]Includes all buildings and impervious surfaces.
[3]No setback shall be required except 50 feet shall be required where the zone abuts a residential zoning
district.
[4]Development in industrial zones abutting the Rolling Hills neighborhood shall comply with Policy
11.5.1.
[5]Maximum site coverage may be increased to 80%if the provisions of Section 18.530.05013 are satisfied.
[6]Except that a reduction to 20%of the site may be approved through the site development review
process.
I-P-Industrial Park District
I-L Light Industrial
I-H-'Meavy Industrial
Page 3 of 4
1:8.530.050 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:
1. 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
18.745.050 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.
C Day care uses. The following standards shall apply for commercial day care uses in
industrial zones:
I The Environmental Impact Assessment must document noise, visible emissions.
vibration, odor glare and heat from uses within one quarter mile A plan and program
for day care facilities to provide mitigation on-site for any of the above off-site impacts
mist be provided Sound attenuation walls, screening window covering, shades. and
other such means are appropriate means of mitigation and may be attached as conditions
of approval.
2. The State of Oregon Child Care Division Certification Section shall be notified of the
proposed site plans pi;or-to submitting an application to insure that the clans submitted
generally address the permitting requirements.
3 Prior to occupancy of a proposed day care.evidence of certification__through the State of
Orewn Child Care Division shall be provided
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