Ordinance No. 02-32 CITY OF TIGARD, OREGON
ORDINANCE NO. 02-
AN ORDINANCE EXEMPTING PROPERTIES THAT ARE ZONED MUR 1 OR 2 THAT WERE
ZONED COMMERCIAL PRIOR TO MARCH 28, 2002 FROM MEETING CERTAIN
REQUIREMENTS BEFORE BEING PERMITTED TO HAVE A COMMERCIAL USE.
WHEREAS, the Washington Square Regional Center Plan was a multi-year plan that was started in 1997
and adopted and implemented in February 2002, and
WHEREAS, there were several new zoning districts designated in the Regional Center including the Mixed
Use Residential (MUR) 1 and 2 zoning designations; and
WHEREAS, the MUR 1 and 2 zoning designations permit commercial uses only after the minimum
residential density is met; and
WHEREAS, there are 10 properties that had been zoned commercial prior to the implementation of the
Regional Center Plan and zoning; and
WHEREAS, many of these properties have already been developed with commercial uses which would
become non-conforming, and other properties were vacant and the owners had plans to develop as
commercial only uses; and
WHEREAS, the City Council felt it appropriate to address this unique issue so as not to create immediate
non-conforming uses or add undue burden on property owners' ability to develop their property; and
WHEREAS, if these 10 properties are exempted from meeting the residential density requirement, the City
would continue to comply with Metro's target capacity requirements; and
WHEREAS, the properties would continue to be permitted and encouraged to develop with all residential
or mixed use developments; and
WHEREAS, the Planning Commission held a public hearing, which was noticed in accordance with the
City standards, on 6-17-02 and voted unanimously to recommend approval of the requested amendments to
the City Council; and
WHEREAS, the City Council held a public hearing, which was noticed in accordance with City standards,
on 7-23-02 and 8-27-02 and voted to approve the proposed amendments; and
WHEREAS, the decision to adopt was based on compliance with Oregon Statewide Planning Goals#1, 42,
99, and#10; Metro functional Plan Titles 1 and 7; Comprehensive Plan Policies 1.1.1, 2.1.1, 2.1.2, 5.1 and
6.1.1; and Community Development Code Chapters 18.380.020 and 18.390.060 as detailed in the staff
report(Exhibit A),
ORDINANCE No. 02-3�2
Page 1
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The requested amendments are approved based on the analysis and findings in the staff
report (Exhibit A).
SECTION 2: The adopted development code text amendments, are shown in Exhibit B and the
affected properties are shown in Exhibit C.
SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By WI U 1 i IA C'U) vote of all,Council members present after being read by number
and title only,this -)-I day of,._ g,.- f 2002.
-'r
Cat Brine Wheatley, City Rector
APPROVED: By Tigard City Council this r �r Gd'ay 4 �, , ,2002.
es E. Grif t , yo
Approved as to form:
1,Ci y Attorney
Date
ORDINANCE No. 02-:32
Page 2
EXHIBIT "A"
PLANNING COMMISSION
RECOMMENDATION TO THE CITY Of TIGARD
TIGARD CITY COUNCIL Community
Development
Shaping A Better
Community
SECTION I. APPLICATION SUMMARY
CASE NAME: MIXED USE RESIDENTIAL (MUR 1 &2) DEVELOPMENT CODE AMENDMENTS
CASE NO.: Zone Ordinance Amendment(ZOA) 2002-00003
PROPOSAL: The request is to modify the existing Tigard Development Code language to exempt
certain Mixed Use Residential (MUR 1 and 2) properties from being required to meet
minimum residential density requirements prior to being permitted to have a commercial
use on the property. The exemption would only apply to properties in the Washington
Square Regional Center that were zoned commercial prior to March 28, 2002. There are
10 parcels (totaling 5.25 acres) within the City of Tigard's portion of the Regional Center
that this exemption applies to and are impacted by this amendment. Approximately 1.63
acres were identified as vacant ui re-developable in determining target capacity numbers
for the Regional Center, therefore, the number of units that would be deducted from the
potential capacity numbers, if no residential use were constructed on these lots, is
approximately 42 units.
APPLICANT: City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
ZONE: Mixed Use Residential (MUR) 1&2
LOCATION: The Washington Square Regional Center area is bounded generally by Fanno Creek
on the west, SW Greenburg Road and Hall Boulevard on the east, Red Tail Golf
Course to the north, and Highway 217, including the Ash Creek area on the southern
border. The MUR 1 and 2 zones are located within the Regional Center, generally west
of Hall Blvd. and east of Ash Creek. The specific parcels affected by this amendment
are identified as Assessor's map and tax lot numbers: 1 S135AA-0400, 1 S135AA-1400,
1 S135AA-1900, 1 S135AA-1901, 1 S135AA-2000, 1 S135AA-2500, 1 S135AA-2600,
1 S135AA-2700, 1 S135DA-2000, and 1 S135DA-1900.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Sections 18.380.020, 18.390.060; Comprehensive Plan
Policies 1.1.1, 2.1.1 2.1.2, 5.1 and 6.1.1; Statewide Planning Goals 1, 2, 9, and 10; and
Metro Functional Plan Titles 1 and 7.
SECTION II. RECOMMENDATION
The Planning Commission recommends that the City Council APPROVE the requested Zone
Ordinance Amendment.
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 1
EXHIBIT "A"
SECTION III. BACKGROUND INFORMATION and REQUEST
The City Council adopted the Washington Square Regional Center Plan and code amendments in March of
2000. The effective date of those amendments was delayed until March of 2002 at which time the Council
reviewed the work completed by the Task Force for the implementation phase of the plan. It was
determined that the implementation plan adequately addressed Council's previous concerns and Council
passed a resolution implementing the plan. At the City Council hearing, however, testimony was received
from a property owner who owned property zoned neighborhood commercial and who would no longer be
able to build as he had planned under the new zoning of mixed use residential (MUR). The MUR 1 and 2
zones allow commercial development but require that the minimum density be met in order to have a
commercial component. While the Council felt that the plan itself was acceptable and implemented the
zoning, they felt that it was necessary to look at this issue in more detail and directed staff to provide
additional information on the issue. A concern for staff was that all similar properties be treated the same
and, if Council felt changes were needed, it should be simple, fair and consistent among all similarly
affected properties. Staff determined that there are 10 properties in the City of Tigard that had a
commercial zone and were changed to mixed use residential (MUR 1 or MUR 2). Because these
properties were at one time not required to be mixed use in order to develop any commercial uses and the
new standards could result in a non-conforming use or properties having restrictions, it was determined
that an exemption to the minimum density requirement may be appropriate. On the direction of Council,
staff drafted a proposed amendment to the development code which exempts the 10 properties previously
zoned commercial from being to required to build a minimum residential density before being permitted to
construct a commercial use.
The total acreage of these 10 properties is 5.25 acres. Only 1.63 acres were considered vacant or re-
developable for computation of target population numbers. Potential removal of this 1.63 acres from
residential development equates to a loss of approximately 42 units. The densities provided by the
Washington Square Regional Center bring the City above its target capacity number requirements by more
than this amount. Therefore, if these properties do not include a residential component, the City would
continue to exceed its target capacity numbers. It should be noted that residential only and mixed use
developments would continue to be permitted and encouraged on these properties if they develop or re-
develop.
The Planning Commission held a public hearing on June 17, 2002_ After deliberation, the Planning
Commission voted unanimously to forward a recommendation of approval to the City Council.
SECTION IV. SUMMARY OF APPLICABLE CRITERIA
Chapter 18.380 states that legislative text amendments shall be undertaken by means of a Type IV
procedure, as governed by Section 18.390.060G.
Chapter 18.390.060G states that the recommendation by the Commission and the decision by the
Council shall be based on consideration of the following factors:
A. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes
Chapter 197;
B. Any federal or state statutes or regulations found applicable
C. Any applicable Metro regulations
D. Any applicable Comprehensive Plan Policies; and
E. Any applicable provisions of the City's implementing ordinances.
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 2
EXHIBIT "A"
SECTION V. ANALYSIS
A. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes
Chapter 197;
Notice was provided to DLCD 45 days prior to the first scheduled public hearing as required. In addition,
the Tigard Development Code and Comprehensive Plan have been acknowledged by DLCD. The
following are Statewide Planning Goals that are applicable to this proposal:
Statewide Planning Goal 1 —Citizen Involvement:
This goal outlines the citizen involvement requirement for adoption of Comprehensive Plans and
changes to the Comprehensive Plan and implementing documents.
Analysis: This goal has been met by complying with the Tigard Development Code notice
requirements set forth in Section 18.390. Notice was mailed to all affected property owners (property that
was zoned commercial prior to the implementation of the Washington Square Regional Center Plan) and
properties within 500 feet of the affected properties. Notice was also published in the Tigard Times
Newspaper prior to the hearing. In addition, after the hearing before the Planning Commission, additional
notice was published prior to the City Council Hearing. Two Public Hearings are held (one before the
Planning Commission and the second before the City Council) in which public input is welcome.
Conclusion: This goal is met.
Statewide Planning Goal 2— Land Use Planning:
This goal outlines the land use planning process and policy framework.
Analysis: The Comprehensive Plan was acknowledged by DLCD as being consistent with the
statewide planning goals. The Development Code implements the Comprehensive Plan. The
Development Code establishes a process and policies to review changes to the Development Code
consistent with Goal 2. The City's plan provides analysis and policies with which to evaluate a request for
amending the Code consistent with Goal 2.
Conclusion: This goal is met.
Statewide Planning Goal 3 —Agricultural Lands
This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain
agricultural lands.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not affect any designated agricultural land.
Conclusion: This goal is not applicable.
Statewide Planning Goal 4— Forest Lands
This goal requires, in part, that adopted comprehensive plans be revised to preserve and maintain
forest lands.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not affect any acknowledged forest lands.
Conclusion: This goal is not applicable.
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 3
EXHIBIT "A"
Statewide Planning Goal 5— Natural Resources
Requires the inventory and protection of natural resources, open spaces, historic areas and sites
suitable for removal and processing of mineral and aggregate resources.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not affect any natural resources. While several properties are located within the 100
year floodplain, the provisions of the amendment will not allow any more development within or adjacent to
the floodplain than the current standards. All regulations protecting these resource areas will continue to
protect them.
Conclusion: This goal is not applicable.
Statewide Planning Goal 6—Air, Water and Land Resource Quality
This goal is intended to maintain and improve the quality of air, water and land resources of the
state by controlling waste and process discharges.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not have an impact on the compliance with Air, Water and Land Resource Quality
regulations.
Conclusion: This goal is not applicable.
Statewide Planning Goal 7— Natural"Disasters and Hazards
This goal is intended to protect life and property from natural disasters and hazards.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not have an impact on the compliance with natural disaster and natural hazard
regulations.
Conclusion: This goal is not applicable.
Statewide Planning Goal 8 — Recreational Needs
This goal requires that the recreational needs of the citizens of the state and visitors be considered
and, where appropriate, to provide for the siting of necessary recreational facilities including
destination resorts.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not have an impact on the compliance of Statewide Planning Goal #8.
Conclusion: This goal is not applicable.
Statewide Planning Goal 9— Economic Development:
This goal requires the provision of adequate opportunities for a variety of economic activities.
Analysis: The proposed amendment continues to provide a variety of economic activities (both
commercial and residential). In addition, properties that were intended to be developed as commercial
only uses will not be required to go through a re-design process in order to comply with the new standards.
Mixed use development continues to be an acceptable and encouraged alternative.
Conclusion: This goal is met.
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 4
EXHIBIT "A"
Statewide Planning Goal 10— Housing:
This goal requires that plans encourage the availability of adequate numbers of needed housing
units at various price ranges and rent levels and allow for flexibility of housing location, type and
density.
Analysis: The amendment will continue to allow for mixed use and residential only development for
these MUR properties, therefore the availability of housing on these properties remains.
Conclusion: This goal is met because the opportunity for housing at various price ranges and rent levels
remains the same.
Statewide Planning Goal 11 — Public Facilities and Services
This goal requires planning and development of a timely, orderly and efficient arrangement of
public facilities and services to serve as a framework for development. Required public facilities
and services are to be provided at levels necessary and suitable for existing uses.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not have an impact on compliance with the Statewide Planning Goal #11.
Conclusion: This goal is not applicable.
Statewide Planning Goal 12 -Transportation
This goal is intended to provide and encourage a safe, convenient and economic transportation
system. This Goal is implemented by Oregon Administrative Rule 660-12, which is also known as
the Transportation Planning Rule (TPR). Section 660-12-060 states that plan amendments which
significantly affect a transportation facility shall assure that allowed land uses are consistent with
the identified function, capacity, and level of service of the facility.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not have an impact on compliance with the Statewide Planning Goal #12 and
transportation facilities are not altered as a result of this amendment.
Conclusion: This goal is not applicable.
Statewide Planning Goal 13— Energy Conservation
This goal requires that land and uses developed on land shall be managed and controlled so as to
maximize the conservation of all forms of energy, based upon sound economic principles.
Analysis: This goal is not applicable to the proposed Development Code amendment because the
amendment does not have an impact on compliance with the energy conservation goals.
Conclusion: This goal is not applicable.
Statewide Planning Goal 14— Urbanization
This goal requires the orderly and efficient transition from rural to urban land use.
Analysis: This goal is not applicable because the urban growth boundary and transition from urban to
rural zoning is not part of the proposed Development Code amendments.
Conclusion: This goal is not applicable.
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 5
EXHIBIT "A"
Statewide Planning Goal 15—Willamette River Greenway
Required protection, conservation and enhancement of lands along the Willamette River Greenway.
Analysis: The Washington Square Regional Center is not within the Willamette River Greenway,
therefore, this goal does not apply.
Conclusion: This goal is not applicable.
Statewide Planning Goal 16— Estuarine Resources
This goal requires recognition and protection of unique environmental, economic and social values
of each estuary and associated wetlands and, where appropriate, protect, maintain and restore the
long-term environmental, economic and social values diversity and benefits of Oregon's estuaries.
Analysis: The Washington Square Regional Center does not have any estuaries, therefore, this goal
does not apply.
Conclusion: This goal is not applicable.
Statewide Planning Goal 17— Coastal Shorelands
This goal requires conservation, protection and, where appropriate, restoration of coastal
shorelands.
Analysis: The Washington Square Regional Center is not located at the beach or along a coastal
shoreland, therefore, this goal is not applicable.
Conclusion: This goal is not applicable.
Statewide Planning Goal 18 — Beaches and Dunes
This goal requires conservation, protection, and where appropriate, restoration of coastal beaches
and dunes.
Analysis: The Washington Square Regional Center is not located at the beach and there are no dunes
within the Regional Center, therefore, this goal is not applicable.
Conclusion: This goal is not applicable.
Statewide Planning Goal 19—Ocean Resources
This goal requires conservation of the long-term values, benefits, and natural resources of the
nearshore ocean and the continental shelf.
Analysis: The Washington Square Regional Center is not located at the beach or along a coastal
shoreland, therefore, this goal is not applicable.
Conclusion: This goal is not applicable.
FINDING: The proposed amendment is in compliance with all applicable statewide land use
goals as documented in the above analysis and conclusions.
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 6
EXHIBIT "A"
B. Any federal or state statutes or regulations found applicable;
The amendment removes the requirement to construct the minimum residential density in the MUR 1 and 2
zones before being permitted to have a commercial component. There are no federal or state statutes that
require a mixed use zone to develop with a residential component (while this is encouraged). Regional
(Metro) requirements apply and are discussed further in this report.
FINDING: There are no federal or state statutes or regulations applicable to this amendment.
C. Any applicable Metro regulations;
Metro Title 1, which specifies requirements for housing and employment accommodation and Metro Title 7,
which discusses affordable housing requirements are applicable to this amendment.
The Washington Square Regional Center Plan was developed in accordance with the policies of Metro's
2040 Growth Concept. In addition, the densities required in the regional center help the City and
Washington County to achieve their target population numbers. The removal of density could therefore
impact the compliance with the target population numbers. In the case of this amendment, however, it has
been determined that the amendment will not result in the City being out of compliance with its target
capacity requirements. The City exceeds its target capacity requirements by approximately 200 units. If
the MUR properties previously zoned commercial were all developed as commercial only uses, it would
result in a loss of approximately 42 units. This calculation takes into account the properties considered
vacant or re-developable when the initial capacity calculations were completed. In addition, while this
amendment removes the requirement to have a residential use, it does not prohibit a developer frons
constructing a mixed use or residential only development.
FINDING: The amendment does not bring the City out of compliance with any Metro
regulations.
D. Any applicable Comprehensive Plan Policies; and
Policy 1.1.1(a) requires that legislative changes are consistent with statewide planning goals and
the regional plan adopted by Metro.
The proposal is consistent with Statewide Planning Goals as addressed above under 'Statewide Planning
Goals'. The proposal is consistent with the applicable portions of the Metro "Urban Growth Management
Functional Plan" that was adopted in October, 1996, by Metro, as discussed within this report.
Citizen Involvement: Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement
program and shall assure that citizens will be provided an opportunity to be involved in all phases
of the planning process. Policy 2.1.2 states that opportunities for citizen involvement shall be
appropriate to the scale of the planning effort.
The Planning Commission and City Council hearings have been legally advertised. Notice has been sent
to property owners of affected properties and within 500' of affected properties and has been published in
the Tigard Times to ensure that citizens will have the opportunity to learn about the hearing and to
participate in it.
Policy 5.1 states that the City shall promote activities aimed at the diversification of the economic
opportunities available to Tigard residents with particular emphasis placed on the growth of the
local job market.
The proposed amendment continues to provide a variety of economic activities (both commercial and
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 7
EXHIBIT "A"
residential). In addition, properties that were intended to be developed as commercial only uses will not be
required to go through a re-design process in order to comply with the new standards. Mixed use
development continues to be an acceptable and encouraged alternative.
Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and
residential types at various prices and rent levels.
The amendment will continue to allow for residential development for these MUR properties, therefore the
availability of housing on these properties remains.
FINDING: Based on the analysis above, the applicable Comprehensive Plan policies have been
met.
E. Any applicable provisions of the City's implementing ordinances.
The only applicable City Development Code standard is Chapter 18.380 which regulates amendments.
While 18.520 will be amended, there are no specific criteria in this section that needs to be reviewed in
order to make this decision. The Tigard Development Code Section 18.380 outlines the process for
reviewing Development Code Text Amendments.
FINDING: This staff report and the findings herein show that all applicable provisions of the
Tigard Development Code have been addressed and are met with the proposed
amendment.
SECTION VI. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS
City of Tigard Current Planning Division, City Administration, Planning and Engineering
Technicians, City of Beaverton, Metro Land use and Planning Growth Management, DLCD, The
Oregon Department of Transportation, and Washington County have all had an opportunity to review
this proposal and have offered no comments or objections to the proposed zone change.
June 24, 2002
PREPAR BY: Iia Hajduk DATE
Associate Planner
/o/ 1�e
SIGNED: Mark Padgett
Planning Commission Chair DATE
is\Irpin\julia\zoa\mur\7oa2002-00003PC recommendation.doc
PLANNING COMMISSION RECOMMENDATION AND FINDINGS ZOA2002-00003
MIXED USE RESIDENTIAL DEVELOPMENT CODE AMENDMENT PAGE 8
TABLE 18.520.1
USE TABLE: COMMERCIAL ZONES
USE CATEGORY C-N C-CC-G C-P CBD MUEu MUC-1 MUC21 MUE MUR
1 and 228 1 and 228
RESIDENTIAL
Household Living N Rb Ril R R17 -R21 P 2bP P P
Group Living N N C N P N C R` /C R /C R`9/C--
Transitional
` /CTransitional HDusing N N C N C N C C C C
Home Occupation R2 R R R R R P R` R R`
HOUSING TYPES
Single Units, Attached N/A N/A N/A N/A N/A N/A N/A Wu R30 P
Singel Units, detached N/A N/A N/A N/A N/A N/A N/A R3fj R30 R
Accessory Units N/A N/A N/A N/A N/A N/A N/A R' R R31
Duplexes N/A N/A N/A N/A N/A N/A N/A R' R P
Multi-family Units N/A N/A N/A N/A N/A N/A N/A P P P
Manufactured Units N/A N/A N/A N/A N/A N/A N/A N N N
Mobile Home marks, Subdivisions N/A N/A N/A N/A N/A N/A N/A N N N
CIVIC INSTITUTIONAL
Basic Utilities C N N C C C C C` c3geC
Colleges N N N N N C C C C C
Community Recreation N P N N P C N P C C
Cultural Institutions P P P P P P P P P N
Day Care P P P P P P P P P P/CJT-
Emergency Services P P P P P P P P P N
Medical Centers C N C C C C C C C C
Postal Service P P P P P P P P P N
Public Su or. Facilities P P P P P P P P P P
...Religious Institutions C C P C P P C P P C
Schools N N N N N C C C C C
Social/Fraternal Clubs/Lodges C C P P P P P P P C
COMMERCIAL
Commercial Lodging N N P R P P P P P N X
Eating and Drinking Establishments C P P R P P P P P R` _
Enterainment•Oriented W_
- Major Event Entertainment N N C N C N C C N N
- Outdoor Entertainment N N P R15 P N N C N N
- Irdoor Entertainment P P P P P P P P P N
- Adult Entertainment N N C N C N N C N N
Gene-al Retail
Proposed MUR-1 and MUR-2 code changes
- Sales-Oriented P P P R P R22 Rzb P R22 R
- Personal Services P P P P P R22 R25 P R22 R34135
- Repair-Oriented P P P N P R22 R25 R22 R22 N
- Bulk Sales N N P N N R22 R25 R22 R22 N
- Outdoor Sales N N P N N N N N N N
- Animal-Related N N N N N P P N N N
Motor Vehicle Related
- Motor Vehicle Sales/Rental V N P/C12 N C N N R24 R24 N
- Motor Vehicle Servicing/Repair V C8 P/C12 N R18 R22 R25 N N N
- Vehicle Fuel Sales C C C N C N C C C N
Office P Ry P P P P P P P R
Self-Service Storage N N C N N N N N N N
Non-Accessory Parking C C P P P P P P P N
INDUSTRIAL
Industrial Services N N N N N N N N N N
Manufacturing and Production
- Light Industrial N N N N N R23 N N R23 N
- General Industrial N N N N N N N N N N
- Heavy Indistrial N N N N N N N N N N
Railrcad Yards N N N N N N N N N N
Research and Development N V N N N R R 24N R23 N
Ware,iouse/Frei ht Movement N V N N N R 24 N N R23724 N
Waste-Related N V N N N N N N N N
Wholesale Sales N V N N C N N N R N
OTHER
Agriculture/Horticulture N N N N N N N
Cemeteries N N N N N N N
Detertion Facilities N N C N C N N
Heliports N N C C C N N
Mining N N N N N N N
Wireless Communication Facilities P/R P/R P/R P/R P/R P/R P/R
Rail Lines/Utility Corridors P P P P P P P
Other c4 C10 NA NA Cly NA NA
P=Permitted R=Restricted C=Conditional Use N=Not Permitted
Proposed MUR-1 and MUR-2 code changes
'All permitted and conditional uses subject to special development standards contained in
18.520.050A.
2Permitted subject to requirements Chapter 18.742.
3See Chapter 18.798 Wireless Communication Facilities, requirements for permitted and
restricted facilities.
4Uses operating before 7:00 AM and/or after 10:00 PM are conditional uses.
5All permitted, limited and conditional uses must meet special development standards in
18.520.050B.
6Residential units permitted by right, as a mixed use in conjunction with a commercial
development, on or above the second floor of the structure, at densities not to exceed 12
units/net acre.
7Limited to 10,000 gross square feet in size, except retail food and beverage outlets, which are
limited to 40,000 gross square feet or less.
$Limited to motor vehicle cleaning only.
9When combined in single structure, each separate establishment shall not exceed 5,000 gross
square feet.
10Uses operating before 6:00 AM and/or after 11:00 PM; or drive-up windows are conditional
uses.
11A single-family unit providing that it is located on the same site with a permitted or conditional
use in and is occupied exclusively by a caretaker or superintendent of the permitted or
conditional use. Multi-family housing is permitted as part of a PD, subject to Chapter 18.350.
12Cleaning, sales and repair of motor vehicles and light equipment is permitted outright; sales
and rental of heavy vehicles and farm equipment and/or storage of recreational vehicles and
boats permitted conditionally.
13MUIti-family residential units, developed at R-40 standards, as a mixed-use in conjunction with
commercial development on or above the second floor of the structure, only in the C-P District
within the Tigard Triangle and Bull Mountain Road district.
14 Restaurant permitted with restriction in size in conjunction with and on the same parcel as a
commercial lodging use.
15As accessory to offices or other permitted uses, the total space devoted to a combination of
retail sales and eating/drinking establishments may not exceed more than 20% of the entire
square footage within the development complex.
16May not exceed 10% of the total square footage within an office complex.
"Single-family attached and multi-family residential units, developed at R-40 standards, except
the area bounded by Farina Creek, Hall Boulevard, O'Mara, Ash Avenue and Hill Street, within
Proposed MUR-1 and MUR-2 code changes
which property zoned for CBD development which shall be designated R-12 PD and shall be
developed as planned developments in conformance with the R-12 District standards.
18 Motor vehicle cleaning only.
19Drive-up windows permitted conditionally.
20AII permitted and conditional uses subject to special development standards contained in
18.520.0500.
21 Multi-family residential, at 25 units/gross acre, allowed outright. Pre-existing detached single-
family dwellings are permitted outright.
22 New Retail and sales uses may not exceed 60,000 gross leasable area per building within the
Washington Square Regional Center or Tigard Triangle, except for those areas zoned C-G at
the time the MUE zoning district was adopted in the Tigard Triangle.
23 All activities associated with this use, except employee and customer parking, shall be
contained within buildings.
24 Permitted as accessory to a permitted use as long as this use is contained within the same
building as the permitted use, and does not exceed the floor area of the permitted use.
25 Permitted provided the use is no larger than 60,000 square feet of gross floor area per building
or business.
26Household living limited to single units, attached, and multi-family including but not limited to
apartments, attached condominiums, townhouses and rowhouses at a minimum density of 25
dwelling units per acre and a maximum density of 50 dwelling units per acre.
27Wireless only as attached to structure within height limit—see Chapter 18.798
28 All Permitted and Conditional Uses subject to special development standards contained in
18.630
29Group living with five or fewer residents permitted by right; group living with six or more
residents permitted as conditional use.
30 Pre-existing housing units permitted. Conversion of pre-existing housing units to other uses is
subject to the requirements of Chapter 18.630
31 Permitted for pre-existing housing units, subject to requirements Chapter 18.710.
32 Except water, storm and sanitary sewers, which are allowed by right.
33 In-home day care which meets all state requirements permitted by right; freestanding day care
centers which meet all state requirements permitted conditionally.
34 This use is allowed only in mixed-use developments in the Washington Square Regional
Center. Commercial uses shall occupy no more than 50% of the total floor area within the
mixed-use development, and shall be permitted only when minimum residential densities are
Proposed MUR-1 and MUR-2 code changes
met. A_n..exce tion-o there_ uirement that commercial uses-may be permitted only if,_residential
minimum cAensitie,§ar met is provided for properties zoned commercial prior to implementation
of theWashington Square Reaional Center Plan (3/28/2002). The exempted properties of re
identified as assessor map number: 1S135AA-00400, 1S135AA-01400 1S135AA-01900,
1 S 1 AA-01901, 1 S 135DA-02000, 1 S 135AA-02500 1 S 135AA-02600 1 S 135AA-02700
1 S135DA-01900. and 1 S1 DA-02000. These parcels or parcels created from the parcels
after the.eff_ective_date of this ordinance, maybe developed as.a._solely_commercial_use with a.
use permitted in the MUR 1=or MUR —2 zones.
35 The maximum building footprint size permitted for any building occupied entirely by a
commercial use or uses shall be 7,500 square feet.__A_n_exception_to the limit-on the_size__of_a.
building occupied by commercial uses is provided for properties zoned commercial prior to
implementation of the Washington Square Regional Center Plan (3/28/2002). The exempted
properties are_identif ed as assessor_map number__1S135AA-00400._1S135AA-01400
1._S135AA-01900 1S1.AA 01.901 1S135DA-02000,_1S135AA-02500, 1S135AA-0260Q
1 S135AA-02700, 1 S135DA-01900_and 1 S1 DA-0200-0-On these arcel ,or parcels created
from these parcels after the effective date of this ordinance a cufiimercial_eteveloprnent is not
limited=toa specific square footage,_however. all other dimensional_standards_of the MUR 1.and
MUR-2 zoning district apply which may limit the ultimate size of commercial development.
Proposed MUR-1 and MUR-2 code changes
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siould be verified with the Development Services Division.
13125 SW Hall Blvd
Tigard,OR9
7223
---j (503)639-4171171
i I �— PFAFFLE _ http:rwwv,.ci.tigard.or us
Community Development Plot date.Jul 24,2002;C:1,magic\MAGIC03.APR