Ordinance No. 13-10 CITY OF TIGARD,OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 13- 10
AN ORDINANCE AMENDING TABLE 18.530.1 OF THE TIGARD COMMUNITY DEVELOPMENT
CODE TO CHANGE INDUSTRIAL SERVICES FROM A PROHIBITED LAND USE TO A
RESTRICTED LAND USE WITHIN THE I-P: INDUSTRIAL PARK ZONING DISTRICT (DCA2012-
00003).
WHEREAS, the city received application for the proposed code amendment to amend the text of the
Industrial Zoning Districts Chapter (18.530) to change Industrial Services from a prohibited land
use to a restricted land use within the I-P: Industrial Park Zoning District; and
WHEREAS, the purpose of Chapter 18.530 is to provide a range of industrial services for City
residents and facilitate economic goals, while ensuring the location and design of industrial land uses
minimizes potential adverse impacts on established residential areas;and
WHEREAS, notice was provided to the Department of Land Conservation and Development at least
35 days prior to the first evidentiary public hearing;and
WHEREAS, notice to the public was provided in conformance with the Tigard Community
Development Code Chapter 18.390.060.D;and
WHEREAS, the Tigard Planning Commission held a public hearing on March 18, 2013 and
recommended with a unanimous vote that Council approve the proposed code amendment, as
amended by staff and Planning Commission;and
WHEREAS, the Tigard City Council held a public hearing on May 28, 2013, to consider the proposed
amendment;and
WHEREAS, the Tigard City Council has considered the recommendation of the Planning
Commission;and
WHEREAS, the Tigard City Council has considered 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 Tigard City Council has determined that the proposed development code amendment
is consistent with the applicable review criteria, and unanimously approves the request as being in the
best interest of the City of Tigard.
ORDINANCE No. 13- I
Page 1
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The specific text amendment attached as "EXHIBIT A" to this Ordinance is
hereby approved and adopted by the City Council.
SECTION 2: The findings in the March 11, 2013 Staff Report to the Planning Commission and
the Minutes of the March 18, 2013 Planning Commission hearing are hereby
adopted in explanation of the Council's decision.
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 unar)NW101 A vote of all Council members present after being read by
number and title only, thisQ I&C day of , 2013.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this 6—tay of 12013.
%" d
John . Cook,Mayor
A roved as to form:
ity Attorney
Date
ORDINANCE No. 13- (�
Page 2
EXHIBIT A
DCA2012-00003: Masco Development Code Amendments
Proposed Text Changes
Planning Commission Recommendation of March 18, 2013
Explanatory Note: Proposed Text changes are identified in red font, with removed language
identified through the use of storikedirough liftes, and added language identified by double
underliwag.
TABLE 18.530.1
USE TABLE: INDUSTRIAL ZONES
USE CATEGORY I-P I-L I-H
RESIDENTIAL
Household Living RI R' R'
Group Living N N N
Transitional Housing N N N
Home Occupation N N N
CIVIC(INSTITUTIONAL)
Basic Utilities C14 C14 P
Colleges N N N
Community Recreation C1O C'0 C'0
Cultural Institutions N N N
Day Care R3,9 W'9 R3,9
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
Custom Arts and Crafts N N N
Eating and Drinking Establishments R2 N N
Major Event Entertainment N N N
Outdoor Entertainment P N N
Indoor Entertainment P N N
Adult Entertainment N N N
Sales-Oriented R2 N N
Personal Services R2 N N
Repair-Oriented P N N
Bulk Sales R4,'' N N
Outdoor Sales N P P
Animal-Related P P P
Motor Vehicle Sales/Rental R4,'2," 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
TABLE 18.530.1 (CON'T)
USE CATEGORY I-P I-L I-H
INDUSTRIAL
Industrial Services N P P
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 R4 P P
OTHER
Agriculture/Horticulture P5 P5 P5
Cemeteries N C N
Detention Facilities C N C
Heliports C C C
Mining N N P
Wireless Communication Facilities P/R6 P P
Rail Lines/Utility Corridors P P P
Other NA NA P'
P=Permitted R=Restricted C=Conditional Use N=Not Permitted
1 A 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.
2 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.
3 In-home day care which meets all state requirements permitted by right.
4 Permitted if all activities, except employee and customer parking, are wholly contained with a
building(s).
5 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.
6 See Chapter 18.798, Wireless Communication Facilities, for definition of pennitted and restricted
facilities in the I-P zone.
7 Vehicle fuel sales permitted outright unless in combination with convenience sales, in which case it is
permitted conditionally.
8 Explosive storage permitted outright subject to regulations of Uniform Fire Code.
DC42012-00003:Marco Development Code Amendment
Proposed Text Changes Page 2 of 3
9 Day care uses with over five children are permitted subject to an Environmental Impact Assessment in
accordance with Section 18.530.050.C.I. The design of the day care must fully comply with State of
Oregon requirements for outdoor openspace setbacks.
10 Limited to outdoor recreation on (1) land classified as floodplain on City flood maps, when the
recreational use does not otherwise preclude future cut and fill as needed in order to develop adjoining
industrially zoned upland; and (2) land located outside the floodplain as shown on City flood maps,
when the recreation use is temporary and does not otherwise preclude allowed uses or conditional uses
other than recreation within the district.
" These limited uses, shall only be allowed in IP zoned property east of SW 72"d Avenue. These uses,
separately or in combination shall not exceed 60,000 square feet of gross leasable area in a single
building,or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a
single lot or parcel, or on contiguous lots or parcels, including those separated only by transportation
right-of-way.
12 These limited uses, separately or in combination,may not exceed 10,000 square feet/lot.
13 This use limited to boat sales/rental only.
14 Except water and storm and sanitary sewers,which are allowed by right.
DC.A2012-00003:Masco Development Code Amendment
Proposed Text Changes Page 3 of 3