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11/15/2004 - Packet POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. • • AGENDA Att�i� , City of Tigard Community Development TIGARD PLANNING COMMISSION S hoping A Better Comm,,nity NOVEMBER 15, 2004 7:00 p.m. TIGARD CIVIC CENTER—TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 1. CALL TO ORDER 2. ROLL CALL 3. COMMUNICATIONS 4. APPROVE MINUTES 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2004-00001 CODE AMENDMENT TO ALLOW BULK SALES IN THE IP ZONE REQUEST: A Zone Ordinance Amendment to amend the Industrial Use Table within the Tigard Community Development Code to allow"Bulk Sales" as a permitted use within the IP (Industrial Park) zone where presently this use is prohibited. Bulk Sales as defined by the Tigard Community Development Code are "Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales." LOCATION: Citywide. ZONE: IP (Industrial Park). APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.530. 6. OTHER BUSINESS 7. ADJOURNMENT • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes November 15, 2004 1. CALL TO ORDER President Padgett called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Padgett; Commissioners Anderson, Buehner, Caffall, Inman, Meads, and Munro Commissioners Absent: Commissioners Haack and Sutton Staff Present: Dick Bewersdorff, Planning Manager; Morgan Tracy, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS The next meeting will be December 20th 4. APPROVE MEETING MINUTES None 5. PUBLIC HEARING 5.1 ZONE ORDINANCE AMENDMENT (ZOA) 2004-00001 CODE AMENDMENT TO ALLOW BULK SALES IN THE IP ZONE REQUEST: A Zone Ordinance Amendment to amend the Industrial Use Table within the Tigard Community Development Code to allow "Bulk Sales" as a permitted use within the IP (Industrial Park) zone where presently this use is prohibited. Bulk Sales as defined by the Tigard Community Development Code are "Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales." LOCATION: Citywide. ZONE: IP (Industrial Park). APPLICABLE REVIEW CRITERIA: Statewide Planning Goals 1 and 2; Comprehensive Plan Policies 1 and 2; and Community Development Code Chapters 18.380, 18.390 and 18.530. STAFF REPORT Associate Planner Morgan Tracy presented the staff report on behalf of the City. He advised that this is a proposal to revise allowable uses in the IP zone, primarily to allow bulk sales (specifically furniture sales) around the Bonita/I-5 interchange. Staff recommended that, instead of a zone change for two specific parcels which may be considered spot zoning, a text change may be more PLANNING COMMISSION MEETING MINUTES—November 15,2004-Page 1 ® • appropriate. The applicant has proposed an unrestricted allowance of Bulk Sales in the IP zone which under current code standards consists of "Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales. Tracy reported that staff analyzed the Metro's Regionally Significant Industrial Area protections under Title 4 of the Urban Growth Management Functional Plan. This title creates three classifications of industrial lands: Employment Areas, Industrial Areas, and Regionally Significant Industrial Areas, each with increasing levels of protections. In Tigard, there are no areas of"regionally significant • industrial lands". The predominant portions of I-P zoned land is in the Industrial Areas. The restrictions on retail uses in these areas limits commercial uses to 5,000 square feet per use or 20,000 square feet in combination with other uses in a development complex. The purpose of this restriction is to limit uses only to those that primarily serve the workers in the industrial area. There are however, large areas of IP-zoned parcels that fall within Metro's "Employment Areas" designation. These areas allow a greater mix of uses, as they serve the workers, businesses, and residents of the employment areas. These uses are limited in size to 60,000 square feet in size per use. Based on the nature of the Bulk Sales Use, which requires "extensive interior space for display" the 5,000 square foot limitation seemed an inappropriate match. However, staff felt that bulk sales were an appropriate use for parcels that combined both I-P and Employment Lands designations. Tracy advised that staff believes "bulk sales" to be an appropriate use in the employment land areas of the Industrial Park zone since bulk sales refers to the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales. This extensive interior space, need for large service delivery vehicles, and limited public presence are similar to wholesale sales or self service storage which are presently allowed. The Industrial Park zone is appropriate as it seeks to establish a campus- like setting. To ensure that campus-like setting, a restriction on outdoor storage is also recommended by staff. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, or vibration, are permitted in the I-P zone. Bulk sales are consistent with this description. Staff believes that, to limit the commercial use to a "small scale," certain restrictions should be placed on "Bulk Sales". These restrictions include limitations on size, consistent with Metro Title 4 requirements, and standards to PLANNING COMMISSION MEETING MINUTES—November 15,2004-Page 2 i • require that all merchandise be contained indoors. To limit Bulk Sales to IP zoned employment lands, staff opted to describe a general geographic area rather than list specific parcels. The downside to this approach is that certain eligible properties are excluded. The upside is that as these parcels consolidate, partition, or are given new tax account numbers, the geographic area remains stable. Tracy referred to Exhibit 1 which illustrates the parcels that qualify under staffs recommendation, as opposed to those that are excluded. Additionally, it shows the IP zoned parcels that would not be eligible as part of Metro's Title 4 compliance. Commissioner Buehner asked about Metro's concern for loss of industrial lands in the area. Tracy responded that Metro reviewed the proposal and determined that it is consistent with Title 4 of the Functional Plan (Exhibit 2). Commissioner Caffall asked about the traffic impact of the proposal. President Padgett said that would be a site specific issue and would be addressed during the site development review process. This proposal is only for the zoning. Commissioner Meads asked for clarification that all IP properties east of 72nd would be affected by this proposal. She wondered if there was any available land in those areas. Tracy said that a predominance of those parcels are already developed, however, there is always the possibility of redevelopment. APPLICANT'S PRESENTATION Bruce Vincent, 825 NE 20th, Suite 300, Portland, OR 97232, the applicant's representative, provided copies of a PowerPoint presentation (Exhibit 3). He reviewed the proposal with the Commission, stating that the applicant agrees with the recommended amendment language suggested by staff. He noted that the retail items will be bulky, like furniture, rental equipment, large appliances, etc. Vincent referred to the letter from Metro (Exhibit 2). He believes they meet all the applicable criteria for the zoning amendment. He noted all the businesses inventoried in the IP zone area that have bulk sales. Paul Schatz, Ill, 6600 SW Bonita, Tigard, OR 97224, gave a brief history of his furniture company. He advised that they are currently a non-conforming use in the I-P zone and, as such, cannot expand their business. This amendment would legitimize their business and give them an opportunity to grow. Commissioner Meads asked for clarification of the area affected — it is just for the area east of 72nd Ave. as noted on Exhibit 1. PLANNING COMMISSION MEETING MINUTES—November 15,2004-Page 3 • PUBLIC TESTIMONY None PUBLIC HEARING CLOSED Commissioner Inman asked if the Commission would be approving the alternate action as shown on page 9 of the staff report, Section VI. Staff answered yes. Commissioner Inman pointed out that footnote#2 on page 9 should be corrected to be footnote#4. After brief discussion, Commissioner Inman moved to recommend to Council to approve Zone Ordinance Amendment (ZOA) 2004-00001, with the alternate action as corrected. Commissioner Caffall seconded the motion. The motion passed unanimously. 6. OTHER BUSINESS President Padgett reviewed the Planning Commission's current board and committee assignments. Commissioner Meads gave an update on the Park and Recreation Board. The Commission discussed the possibility of using Park SDC money and grant funds to build the skate park. Commissioner Buehner reported on the Planned Development Review Committee and the Transportation Finance Committee. Commissioner Munro gave an update on the Downtown Task Force. 7. ADJOURNMENT The meeting adjourned at 8:00 p.m. Jer -- 4, nor, Planni g Com sion Secretary ATTES k sident {k 'adgett PLANNING COMMISSION MEETING MINUTES—November 15,2004-Page 4 • . Exhibit 1 -Consolidated Map of Affected IP Zoned Parcels --v.:ft;i...;:Tii!....3--,141 wi 5':,,,•„:1! II: yPti:IX4774V4.Vr" '''.:0,<4,7,,,r4PC"10 ri L:rilinowillirreilgnfi•5 Fil ii:lin Fi•.•4?-tl::Ir.,: *A N ..„1/111/ mutralm••---- I ::-----:-I-=:==2:gilli r-■-;“ e:=1 F k67,140-7,---.4 410-* il 01.• \,:?44, 0.1M1;}).11,Ifilit. Illrg awe/jummililli kV,..,1111 %;',";iiiil ii E."41:1101:2 v,,,,S.,,,„4-;41',Nop 4;■- k e s.:***,\ iit-,00. • e:,,frop ..4..70_,/fsiS$.4*/,,,, tolo'Ak ik 04,..;,.'-.!,,, iiijr . Nekari.- Hai IN b61 all 1 .- "".,.:1: i.i.,ii IEMIZ.Una ■ti. 44"F4440 ‘1 .'. A, . .0'141, `'N. 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IP zoned parcels that are excluded from bulk sales allowance based on being on west side • of SW 72nd • . . • IP zoned parcels that are ineligible for"Bulk Sales" based on Metro Title 4 restrictions. . ` ■ ® • 600 NORTHEAST GRAND AVENUE I ,PORTLAND, OREGON 97232 2736 �� ���� TEL 503 797 1700 FAX 503 797 1797 1j!�'''Qi j' t. ilk 471 RECEIVED PLANNING METRO NOV 1 5 2004 CITY OF TIGARD November 10, 2004 Mr. Morgan Tracy Associate Planner City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Dear Mr. Tracy: Thank you for providing the staff report for City of Tigard file No ZOA2004-00001 in response to my letter of October 27, 2004. Metro staff has reviewed the proposed amendment to the City's Development Code. Adoption of the amendment as proposed, which limits "bulk sales" in the Industrial Park zone within Metro designated Employment Areas with a 60,000 square foot restriction, is consistent with Title 4 of the Urban Growth Management Functional Plan. Please submit this letter into the record for this action. If you have any questions please contact Tim O'Brien at 503-797-1840. Sincerely, / 10.1:z21. Michael Jorda Chief Operaf • Officer TO/ff I:\gm\community_dev\share\Compliance\TigardZOA2004-00001 response.doc cc: Jim Hendryx Andy Cotugno Mary Weber Recycled Paper . www.metro-region.org TDO 797 1804 ;A;bifi ,,..x4.4..,=.7....,-.- .r�y�.c•+. ....4.,f-- :-' _� .:.>€ -a"? "'..�•; �G S' rs� }''� „3'r.:^KU ... r _cam'_ `t' „,E�- -.+x' �:'' r3^ .+IW ,>�pia..G'�2TS z`-x..yras:rn,vV"CA.. rxg„ s.:.Vial.-..fi?.,- -.'c` —. �- L a/¢•y�s.` -'1 Cif :r4rn'^¢ ''''�u d?:.w.yn .- f3- , .: ST r^ Y -.'11. a7 3' 3^i� .�" , t•? - • '.,-, e -;.," . ..43- 7` *"F 4 •u.:: .- --'...;-4.:-1.-.--;.,..- ;-.7-,.., • _..... v. ._ _.. _ . s _,_ .z.. :w • • • . _ __ _. IAna1ysisbikdustriaI • ... a n : :yes • • • •• _ - Windshietd - SurveyinVentory of Current Land. _.______._ uses . __ F _ • 4. • STS ! _. _�. .� p . . b _ . Each—1:i s a . :nod: ;#o a Tigard. 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II°' ''''K'n'' Aipo:*. -,,,,,f . acMIllitz"w111 ;; a� f . { �'rk1 " i III. �_■ _ ji u t-7 .. rrti g , , 1 =,� �i + p T k j '' t� \ �� r rr,>�J•,r I r r 1 Ii T - �b4Fy�i,1 S1 '4t m��r YF•IPAl v ' �� � r• rr +r _ '. ,� �! i( Sr twt e�i Ctq , �; 11 r. _ r r , t ' # Y 4f}1 t-q.ta{i 't;' 'i, '�h S°r�,➢1 'ir! �' ' I i. �, . � „f iri` f. . �;"',.', ,P'r,,. tii t`!-:', ..O,{ Vet fii _ Y.. 4 q v - `.fit ill . 47!,- r� X Y A r . i I 7 of t f•'•.• t r N ti y� C.1' ark ,{F� P'. 1 , a i I v �,t .�y f qry .VG 14.:1.`ir `t, 4., b 14 , ' : 1 j i a t yn ; �Y,?'`��yq4' 7 ' + +'� �'� r f:itSV,i,r '°.,;. , 1 ■ ■ ,, :d Cft `d il:,, r ''�T rt�4" a� ^ • A • Tigard Street 18 16 16 14 12 10 8 - 6 4 4 2 0 Commercial Industrial Bulk Sales • S The applicant's proposal to allow bulk sales in the Industrial Park zone should have no net effect on the employment capacity, as bulk sales uses can employ similar numbers of employees as other outright permitted uses in the industrial park zone. A list of those currently allowed uses and the employees per acre figures (where available) follows: Table 1-Employment Density for Industrial Park Allowable Uses and Proposed Use PERMITTED USES Emp/Acre CONDITIONAL USES Emp/Acre Emergency Services 70 Basic Utilities n/a Postal Service 40 Community Recreation 10 n/a Public Support Facilities n/a Motor Vehicle Servicing/Repair n/a Commercial Lodging 40 Detention Facilities n/a Outdoor Entertainment n/a Heliports n/a Indoor Entertainment 3 Repair-Oriented n/a RESTRICTED USES Animal-Related n/a Household Living 1 n/a Vehicle Fuel Sales 28 Day Care 3,9 n/a Office n/a Eating and Drinking Establishments 2 25 Self-Service Storage 2 Sales-Oriented 2 n/a Non-Accessory Parking n/a Personal Services 2 17.5 Light Industrial n/a Wholesale Sales 4 n/a Research and Development n/a Agriculture/Horticulture 5 n/a PROPOSED USE Wireless Communication n/a Bulk Sales 15-40 Facilities 6 n/a Rail Lines/Utility Corridors 35 n/a=data not available 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 permitted and restricted facilities in the I-P zone. 9 Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. 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. ZOA2004-00001 PAGE 4 OF 10 11/15/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • 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: The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; This chapter establishes standard decision-making procedures for reviewing applications. The amendment under consideration will be reviewed under the Type IV legislative procedure as detailed in the chapter. 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 the applicable 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 for changes to the Comprehensive Plan and implementing documents. This goal has been met by complying with the Tigard Development Code notice requirements set forth in Chapter 18.390. Notice has been published in the Tigard Times Newspaper prior to the public hearing. Individual notice to property owners was not required since the proposal will increase the allowable uses on the affected properties. Additional notice was sent to all adjacent cities as well as Metro. Two Public Hearings are held (one before the Planning Commission and the second before the City Council) in which public input is welcome. Interested parties (previously called Citizen Involvement Team (CIT) members) were also notified of the proposed changes. Statewide Planning Goal 2— Land Use Planning: This goal outlines the land use planning process and policy framework. 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 for 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. e Any applicable Metro regulations; Title 1: (Metro code 3.07.110-3.07.170) Requirements for Housing and Employment Accommodation State law and the Metro Code require that the Metro Urban Growth Boundary have sufficient capacity to accommodate the expected growth for 20 years. It is Metro's policy to minimize the amount of growth boundary expansion. One goal of the Framework Plan is the efficient use of land within the UGB efficiently by increasing its capacity to accommodate housing and employment. Title 1 directs each city and county in the region to consider actions to increase its capacity and to take action if necessary to accommodate its share of regional growth as specified in this title. ZOA2004-00001 PAGE 3 OF 10 11/15/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • SECTION III. BACKGROUND INFORMATION This request has been initiated by a private party representing two clients (Paul Schatz furniture and Smetco, Inc.) whose properties are both located in an I-P zone. In anticipation of a use expansion and conversion to a bulk sales use, the applicant is requesting this code change in recognition of the changing nature of the area around the I-5/Bonita intersection, and also in part to acknowledge that Bulk Sales are compatible with and therefore should be permissible in Industrial Park zones. Bulk sales are presently prohibited in the Industrial Park Zone. In 1997, the Community Development Director issued an interpretation for the Paul Schatz property regarding a request to add 4,000 square feet of showroom/sales space to the furniture store. While a previous version of the development code was in effect at that time, certain uses in the I-P zones were limited, as follows: Convenience sales and personal services; children's day care; eating and drinking • establishments; personal services, facilities; and retail sales (of which "bulk sales" were included part of this use at that time) , general separately or in combination shall not exceed a total of 20 percent of the entire square footage within a development complex. The property contained 44.5% retail, and was considered at that time to be non-conforming. Non-conforming uses may be continued, but no such non-conforming use may be enlarged, increased or extended to occupy a greater area of land or space than was occupied at the effective date of adoption or amendment of the code. Also, no additional structure, building or sign shall be constructed on the lot in connection with such non-conforming use of land. As a result, the request to add space to the use was rejected. The applicant contends that when the code was amended in 1998, and the "bulk sales" use was separated from "General Retail Sales," it more appropriately belonged in the industrial park zone. In so claiming, the applicant argues that the I-P zone acts more like a bridge between commercial and industrial zoning than a fully dedicated industrial zone. Thus uses with a large storage component with a relatively small level of retail activity are appropriate for industrial park zones. This proposal partially seeks to legitimize the current non-conforming Paul Schatz furniture use, as well as the Home Depot and approximately 20 other bulk sales uses in the IP zones, by allowing bulk sales as a permitted use in the zone. 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. This section regulates amendments. It outlines the process for reviewing Development Code Text Amendments. The present amendment will be reviewed under the Type IV legislative procedure as set forth in the chapter. ZOA2004-00001 PAGE 2 OF 10 11/15/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • Agenda Item: 5•I _ Hearing Date: November 15,2004 Time: 7:00 PM STAFF REPORT TO THE PLANNING COMMISSION . 06 TIGARD Community Deve(opment FOR THE CITY OF TIGARD, OREGON Sfiapingft Better Community SECTION I. APPLICATION SUMMARY CASE NAME: CODE AMENDMENT TO ALLOW BULK SALES AS A PERMITTED USE IN THE IP INDUSTRIAL PARK ZONE CASE NO.: Zone Ordinance Amendment(ZOA) ZOA2004-00001 PROPOSAL: To amend the Industrial Use Table within the Tigard Development Code to allow "Bulk Sales" as a permitted use within the IP Zone where presently this use is prohibited. Bulk Sales as defined by the Development Code are "Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales." APPLICANT(S): Paul Schatz III Robert Smetts, Smetco, Inc. 6600 SW Bonita Road P.O. Box 560 Tigard, OR 97224 Aurora, OR 97002 AGENT: Bruce Vincent ZONE: I-P: Industrial Park District. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. LOCATION: I-P zones. APPLICABLE REVIEW CRITERIA: Communi Develo•ment Code Cha•ters: 18.380, 18.390 and 18.530; Ity ompre ensive ` an -o Ides: - eneral Policies and 2-Citizen Involvement; Statewide Planning Goals: 1-Citizen Involvement and 2-Land Use Planning; and Metro Code: 3.07.110-3.07.170 and 3.07.440. SECTION II. STAFF RECOMMENDATION ',Staff recommends that the Planning Commission alter the allowable uses within the IP Zone .to permit limited Bulk Sales as determined through the public hearing process and make a recommendation to the Tigard City Council. ZOA200 -00001 PAGE 1 OF 10 11/15/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • TIGARD PLANNING COMMISSION A!, CITY OF TIGARD OREGON NOTICE: PEOPLE WISHING TO SPEAK ON ANY ITEM MUST PRINT THEIR NAME AND ADDRESS ON THIS SHEET. AGENDA ITEM#: 5,, ( [Page I of DATE OF HEARING: 1� / /51 CASE NUMBER(S): 00 - 0 Q D O ( //(' -4./'e s OWNER/APPLICANT: LOCATION: /t4-- (A1 i e PLEASE PRINT YOUR NAME, ADDRESS, AND ZIP CODE PROPONENT (For the proposal) OPPONENT (Against the proposal) ` (Print Name/Address/Zip&]'Afliation) (Print Name/Address/Zip&Affiliation) Name: bane.- ) 14ACel (JI Name: Address: SZ NG �-C� S �C/� Address: City: (760-+• State: 012- Zip:en City: State: Zip: Name: & ,( 1, Name: Address: 6(619 SGGV 18001,1Y-a__ Address: City: ----t, or( State: o Zip: 70224 City: State: Zip: • Name: ‘Viri1b1 - 1,9-)4,6j- Name: Sr, //,, Address: 6'‹.-' L✓ 1YV1($ V Address: City: f//(>1.- t State: Zip: 17 y City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: Name: Name: Address: Address: City: State: Zip: City: State: Zip: 3 The following wiill,,.Ire''consi�,,b, the I i i ; i . Commissioe od ` ,u I I,� I. 1 ii I1 Ili� 771H1 PM at the'Tigard Civic Center - Town Hall, 13125 W H ®1V ll 'LJl�I l�� Blvd:;Tigard,Urcgon. IIII na PERS Public oral or written testimony is invited. The public hearing,:on this �!L matter will be held under Title 18 and rules of.procedure adopted 1* 1325 SW Ceeter Orin,Mix,OR 87210•PO Box 370•Benerlax,OR 87075 I the Council and available at City Hall or the rules of procedure sqt Mee:5034184-0300 Fe 503120.3433 I forth in Section 18.390.060E: The Planning,.Commission's review is Emil:leplelrerfala0®tmmnvalepere.Can j for the purpose of making a recommendation to the City Council oh the request. The Council will then hold a public hearing on the, request prior to making a decision. AFFIDAVIT OF PUBLICATION 'Further, information may be obtained 'from the City of Tig . State of Oregon, County of Washington, SS Planning Division at 13125 SW Mall B1vd:�,Tigard,Oregon 97223„ r by calling 503-639-4171. PUBLIC HEARING ITEM: ' . , I, Charlotte Allsop, being the first duly sworn, ZONE ORDINANCE AMENDMENT(20A)2004119001 ' I depose and say that I am the Accounting >CODE AMENDMENT TO ALLOW SULK SALES IN THE IP ZONE Manager of the Tigard/Tualatin Times, a ;REQUEST: A Zone Ordinance Amendment to amend the newspaper of general circulation, published Industrial Use Table within the Tigard Community Development at Beaverton, in the aforesaid county and Code to allow"Bulk Sales as a permitted use within the IP(Industrial. state, as defined by ORS 193.010 and Park)-zone where presently this use is prohibited. Bulk Sales as 193.020, that defined 'by the Tigard Community. Development Code are "Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including Public Hearing—Zone Ordinance furniture, large appliance and home 'improvement sales:" Amendment(ZOA) 2004-0001, Code 'LOCATION City:wide.,ZONE: IP(Industrial Park). Amendment to Allow Bulk Sales in the IP APPLICABLE;REVIEW CRITERIA:Statewide Planning'Goals 1 Zone and'2; Comprehensive Plan Policies 1 and '2; and Community CM TT10490 Development Code Chapters 18.380, 18.390 and 18.530. ; i TT 10490 Publish October 28,2004 a copy of which is hereto annexed, was published in the entire issue of said newspaper for 1 successive and consecutive weeks in the following issues October 28, 2004 0 LoLtk- OCUA 0 . Charlotte Allsop(Accounting anager) Subscribed and sworn to before me this October 2 2004 LYcOMMIIONEXPIRESYlc,<, OFFICIAL SEAL 4 : ROBIN A BURGESS NOTARY PUBLIC-OREGON � COMMISSION NO.344589 NOTARY PUBLIC FOR OE N 2005 My commission expires W. Acct# 10093001 City of Tigard Attn: Accts Payable 13125 SW Hall Blvd Tigard, OR 97223 Size 2 x 4,6 • Amount Due$'75:/s "remit to address above • CITY OF TIGARD TIGARD PLANNING COMMISSION ROLL CALL HEARING DATE: /HS- 0 STARTING TIME: 7 ' t32) m COMMISSIONERS: °' MARK PADGETT' (PRESIDENT) MARTY ANDERSON GRETCHEN BUEHNER REX CAFFALL BILL HAACK JODIE INMAN KATHY MEADS t/7 JUDY MUNRO (VICE-PRESIDENT) SCOT SUTTON STAFF, PRESENT: v DICK BEWERSDORFF JIM HENDRYX /MORGAN TRACY BARBARA SHIELDS MATT SCHEIDEGGER JULIA HAJDUK GARY PAGENSTECHER _ DUANE ROBERTS KIM MCMILLAN BETH ST. AMAND GUS DUENAS t East Side of Sequoia to 1-5 Bulk Business Type FS/SC Bulk Sales? Paul Schatz Furniture Commercial/Retail FS Y 1 Commercial 1 Atiyeh Bros Commercial/Retail FS Y 1 Commercial 1 Smetco Vacant FS ? John Barleycorn Restaurant FS N 1 Commercial Home Depot Commercial/Retail FS Y 1 Commercial 1 Office Depot Commercial/Retail FS Y 1 Commercial 1 Sweet Tomatos Restaurant FS N 1 Commercial • Umpque Bank Commercial OB N 1 Commercial Prov Medical Plaza Service FS N 1 Civic Civic 2 West Marine . Commercial/Retail SC Y 1 Commercial 1 Commercial 35 Tap Plastics Commercial/Retail SC N 1 Commercial Big Town Hero Restaurant SC N 1 Commercial Bulk Sales 8 • Damons Vacant SC N 1 Commercial Starbucks Restaurant OB N 1 Commercial Courtyard Marriotte Hotel FS N 1 Commercial Lindal Ceder Homes Commercial SC N 1 Commercial H2F Media Service SC ? 1 Commercial Precision Images Service SC N 1 Commercial Total Building Products Commercial/Office SC Y 1 Commercial 1 Supply Rush Commercial/Office SC N 1 Commercial Renaissance Office SC ? 1 Commercial IFun Liquidators Commercial/Office SC ? 1 Commercial BRC Spirits SC ? 1 Commercial • Keller Swartwood Ing Service SC N 1 Commercial Severn Trent Labs Service SC N 1 Commercial Compix Inc Commercial SC N 1 Commercial Smith&Nephew Service SC N 1 Commercial La Provence Bakery SC N 1 Commercial Cool-amp Conducto-Lube Commercial SC N 1 Commercial Interior Scapes Service SC N 1,Commercial Oregon Data Service SC N 1 Commercial Noble&Wolf Inc SC ? 1 Commercial Companionlink Software Service SC N 1 Commercial Rocking Horse Daycare Service SC N 1 Civic Projectus Commercial/Retail SC Y 1 Commercial 1 Innovation Construction 'Service SC N 1 Commercial 9 Bugbyte Computers SC ? 1 Commercial 36 8 • West Side of Sequoia Business Type FS/SC Bulk Tigard Use Category Bulk Sales?Yes=1 Orthopedics NW Service FS N Civic 1 Captaris-Verision Offices SC N Commercial 1 Oregonian Service SC N Commercial 1 Honeywell Service SC N Commercial 1 Uniglobe Travel Service SC N Commercial 1 Verison Commercial/Retail SC N Commercial 1 Bally Fitness Service FS N Commercial 1 Saif Corporation Offices SC N Commercial 1 Civic 1 Verizon Wireless Offices SC N Commercial 1 Commercial 28 Siemens Offices SC N Commercial 1 Napier&Co Service SC N Commercial 1 Bulk Sales 1 Lingo Systems Offices SC N Commercial 1 Hewlett Packard Offices SC N Commercial 1 Agilent Technolgies Offices SC N Commercial 1 -Sence Offices SC N Commercial 1 Geo Engineers Service SC N Commercial 1 J.C.Reeves Service SC N Commercial 1 Westlake Consulting Service SC N Commercial 1 Eshelon Telecom Service SC N Commercial 1 Prud Properties Service SC N Commercial 1 Mediware Offices SC N Commercial 1 Commonwealth Real Service SC N Commercial 1 • Sterling Internet Solu Service SC N Commercial 1 U.M.D.Technology Service SC N Commercial 1 Geo Design Service SC N Commercial 1 United Pipe&Supply Commercial/Retail FS Y Commercial 1 1 Ryder Truck Rental Commercial/Service FS N Commercial 1 Alpha Computers Offices FS N Commercial 1 Pitman Brooks Service FS N Commercial 1 29 Strip Mali off SW 72nd Business Type FS/SC Bulk Tigard Use Category Bulk Sales?Yes=1 Cascade Comp Mait Service SC N Commercial 1 Dominos Pizza Restaurant SC N Commercial 1 Lees Cleaners Service SC N Commercial 1 Signs Now Service SC N Commercial 1 VW Mart Service/Retail SC N Commercial 1 Subway Restaurant SC N Commercial 1 Teriyaki Express Restaurant SC N Commercial 1 0 El Sol De Mexico Restaurant SC N Commercial 1 Northwest Rugs Commercial/Retail SC Y Commercial 1 1 T-Moble USA Offices OB N Commercial 1 Tolt Technologies Offices OB N Commercial 1 Pierre'Amelotte Int Offices OB N Commercial 1 HCM Offices OB N Commercial 1 Commercial 29 Green Wood Products Offices OB N Commercial 1 Industrial 1 Dept Of Human Res Offices OB N Commercial 1 Chem West Systems Industrial FS N Industrial 1 Bulk Sales 1 American Fam Ins Service SC N Commercial 1 Salon Pacific Service SC N Commercial 1 Bunce Palmer CPA's Service OB N Commercial 1 Chaffey Corp Offices OB N Commercial 1 Computeration Inc Offices OB N Commercial 1 Indpend Paper Mkg Offices OB N Commercial 1 Qualcomm Inc Offices OB N Commercial 1 Republic Morg Ins Service OB N Commercial 1 • Protection One Service SC N Commercial 1 Pacific Star Production Offices SC N Commercial 1 Corperate Express Service SC N Commercial 1 V.F. Leasing Service SC N Commercial 1 Medical Spec Solution:Service SC N Commercial 1 Geoga Pacific Offices SC N Commercial 1 Upper Boones Ferry & Durham Business Type FS/SC Bulk Tigard Use Category Bulk Sales?Yes=1 Advantest Whse/Office WC ? Industrial 1 Stash Tea Corp Whse/Office WC N Industrial 1 North American World Whse/Office WC ? Industrial 1 Commyni-K Whse/Office WC ? Industrial 1 Otis Elevator Whse/Office WC N Industrial 1 Super Floors Whse/Office WC Y Industrial 1 Bassit Furniture Whse/Office WC Y Industrial 1 Associated Bus Syms Whse/Office WC ? Industrial 1 • Vision Bus Products Whse/Office WC ? Industrial 1 Industrial 20 Brighton Eletronics Whse/Office WC ? Industrial 1 Commercial 12 CNC Polymers Inc Industrial WC N Industrial 1 Kingston Whse/Office WC ? Industrial 1 Bulk Sales 3 Metro One Whse/Office WC N Industrial 1 Hauge Prov Of Ore Whse/Office WC N Industrial 1 LFI Inc Whse/Office WC ? Industrial 1 Lenay Products Whse/Office WC ? Industrial 1 Northwest Roller Industrial WC N Industrial 1 Johnstone Supply Commercial WC Y Commercial 1 Copytronics Service WC ? Commercial 1 Arlenco Distribution Whse/Office WC ? Industrial 1 Joslin Sales Whse/Office WC ? Industrial 1 Stash Tea Corp Whse/Office WC N Industrial 1 Connect-Air Intl Offices SC ? Commercial 1 • Earth Protection Ser Offices SC ? Commercial 1 LPM Systems Offices SC ? Commercial 1 TZ Medical Offices SC ? Commercial 1 Proline Sales &Mktg Offices SC ? Commercial 1 Consolidated Imfo Ser Offices SC N Commercial 1 Coram Health Care Offices SC N Commercial 1 Amec Offices SC ? Commercial 1 Sonetics/Flightcom Offices SC ? Commercial 1 Geopacific Engineering Service SC N Commercial 1 32 West of 74th Business Type FS/SC Bulk Tigard Use Category Bulk Sales?Yes=1 Elmo Studds Commercial/Retail FS Y Commercial 1 1 Allstate Ins Service OB N Commercial 1 ' Life Era Inc Offices OB N Commercial 1 Rockwell Automation Offices OB N Commercial 1 Landau Associates Offices/whse SC N Industrial 1 Siren Net.Com Offices/whse SC N Industrial 1 McLoughlin&Eardley Offices/whse SC N Industrial 1 Commercial 30 • Cachet Home Furnish Commercial/Retail SC Y Commercial 1 1 Industrial 19 Exhibits Northwest Commercial SC Y Commercial 1 1 Classic Sign System Commercial SC N Commercial 1 Bulk Sales 7 Geoline Postioning Offices/whse SC N Industrial 1 Gre Con Offices/whse SC ? Industrial 1 Live Wire Tech Offices/whse SC N Industrial 1 Cognex Offices/whse SC N Industrial 1 Brand Athletics Offices/whse SC ? Industrial 1 Brand Innovators Offices/whse SC ? Industrial 1 Sportech Offices/whse SC ? Industrial 1 Retro 3 Contractors Service SC N Commercial 1 Thai Orchid Offices/whse SC N Industrial 1 Cent Station Steam Offices/whse SC ? Industrial 1 Stompbox Music Offices/whse SC ? Industrial 1 Brakeaway Products Offices/whse SC ? Industrial 1 Collectors Press Commercial SC N Commercial 1 • FG&T Construction Service SC N Commercial 1 Dry-B-Lo Service SC N Commercial 1 SLS Custom Homes Service SC N Commercial 1 A.D.Cook Fine Art Commercial/retail SC Y Commercial 1 1 Stay N power Service SC N Commercial 1 Gma Costruction Service SC N Commercial 1 NW Airospace Support Offices/whse SC N Industrial 1 Tom Posey Co Offices/whse SC ? Industrial 1 Affordable Glass&Mirr Commercial/Retail SC Y Commercial 1 1 Convenient House Wa Offices/whse SC ? Industrial 1 Paradise Auto Care Service FS N Commercial 1 Sharp&Asso Const Service FS N Commercial 1 I Westcoast Coating Service FS N Commercial 1 Meyer Sigh Co Commercial FS N Commercial 1 Interstate Roofing Commercial FS N Commercial 1 Fabric Gallery Commercial/Retail SC Y Commercial 1 1 Blackhawk Comm Commercial SC N Commercial 1 Precision Garage Door Commercial SC N Commercial 1 Scottie Mac Offices/whse SC ? Industrial 1 Maher Irish Dance St Commercial SC N Commercial 1 Thermal Flo Commercial/service SC N Commercial 1 Classic Interiors Commercial SC Y Commercial 1 1 Pert Power Concepts Offices/whse SC N Industrial 1 • West Hills Catering Commercial SC N Commercial 1 Action Fundraising Service SC N Commercial 1 Lakeside Motors Service FS N Commercial 1 49 0 Hunziker and Sandburg Business Type FS/SC Bulk Tigard Use Category Bulk Sales?Yes=1 Chinook Trading SC ? Commercial 1 Covert Engineers Service SC N Commercial 1 Blue Wire SC ? Commercial 1 Selectron SC N Commercial 1 Fax Back Inc SC N Commercial 1 Viable Links SC N Commercial 1 CSM SC ? Commercial 1 • ACS Testing Service SC N Commercial 1 Allied Van Lines Service FS N Commercial 1 Pro Source Commercial WC N Commercial 1 Gensco WC ? Commercial 1 Central Sprinkler Commercial WC N Commercial 1 Commercial 24 All Phase Industrial WC N Industrial 1 Industrial 4 Port Plastics Industrial WC N Industrial 1 H.J.Arnett Ind Industrial WC N Industrial 1 Bulk Sales 1 Telecom Labs Inc WC N Industrial 1 Sensory WC N Commercial 1 Stowaway 2 Commercial WC Y Commercial 1 1 Spectra Floors Commercial WC N Commercial 1 Perlo McCormack Pac Offices FS N Commercial 1 Progressive Insur Service FS N Commercial 1 Climate Conditioning Service SC N Commercial 1 Amer Lazertech FS N Commercial 1 Northwest Med Teams Service FS N Commercial 1 • Tigard Tual Admin Service FS N Commercial 1 Western Freezer Commercial FS N Commercial 1 TOC Mgt Services Service FS N Commercial 1 Western Family Commercial FS N Commercial 1 28 . M ------------------"mmillimmummi........m.. .. limimillimulliimilliiiiiil Tigard Street Business Type FSISC Bulk Tigard Use Category Bulk Sales?Yes=1 Kadels Auto Body Service FS N Commercial 1 Alias Construction Service SC N Commercial 1 Commercial 16 Closets To GO Commercial/Retail SC Y Commercial 1 Industrial 4 Northwest Refinishing Industrial SC N Industrial 1 Western Plumbing Service SC N Commercial 1 Bulk Sales 1 Greenway Electric Commercial SC N Commercial 1 PDI Group SC N Commercial 1 • Precian Test&Bal Service SC N Commercial 1 Fry Electronics SC ? Commercial 1 JTD Inc Industrial SC N Industrial 1 NW Dryer Industrial SC N Industrial 1 Barrier Corp Commercial SC N Commercial 1 Innovite SC ? Commercial 1 Endurance Product SC ? Commercial 1 Pak-Daddys SC ? Commercial 1 Westside Dance Acd Commercial/Service SC N Commercial 1 AFM Wholesale Commercial FS N Commercial 1 Willamitte Electric Commercial FS N Commercial 1 JND Fire Spinkler Industrial SC N Industrial 1 JBC Roofing Commercial SC N Commercial 1 20 • I Anseriow 4 Apart from the C-N (Neighborhood Commercial) and C-C (Community Commercial) zones, all other commercial zones have higher average employee densities than the IP Zone. Bulk Sales are currently not allowed in those zones: Table 2-Average employee density per zoning classification Zone Employee Density C-G 27 C-C 17 C-N 16 C-P 88 CBD 50 MUE 27 I-H 25 I-L 24 -P 24.4 Title 4: (Metro code 3.07.440) Protection of Industrial And Other Employment Areas Title 4 sets forth requirements to limit intrusions of commercial uses into industrial zones. Certain uses are permissible within set guidelines (such as restrictions on types of use, or limitations on the size of uses.) The majority of the IP zones are located within designated "Industrial Areas". Within these areas, Metro's requirements state: Cities and counties shall review their land use regulations and revise them, if necessary, to include measures to limit new buildings for retail commercial uses—such as stores and restaurants—and retail and professional services that cater to daily customers—such as financial, insurance, real estate, legal, medical and dental offices—in order to ensure that they serve primarily the needs of workers in the area. One such measure shall be that new buildings for stores, branches, agencies or other outlets for these retail uses and services - shall not occupy more than 5,000 square feet of sales or service area in a single outlet, or multiple outlets that occupy more than 20,000 square feet of sales or service area in a single building or in multiple buildings that are part of the same development project. Cities and counties shall review their land use regulations and revise them, if necessary, to include measures to limit new buildings for the uses described above to ensure that they do not interfere with the efficient movement of freight along Main Roadway Routes and Roadway Connectors shown on Metro's Freight Network Map, November, 2003. Such measures may include, but are not limited to, restrictions on access to freight routes and connectors, siting limitations and traffic thresholds. This subsection does not require cities and counties to include such measures to limit new other buildings or uses. These sorts of limitations prevent larger scale uses, such as bulk sales, from locating in these areas. Therefore, staff recommends that the limitation preventing bulk sales in the designated "Industrial Areas" remain in place. However, there are additionally areas of IP Zoned property that is designated as "Employment Areas" by Metro's Regionally Significant Industrial Land inventory. Within these areas Metro's requirements state: ZOA2004-00001 PAGE 5 OF 10 11/15/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION In Employment Areas, cities and counties shall limit new and expanded retail commercial uses to those appropriate in type and size to serve the needs of businesses, employees and residents of the Employment Areas. Generally, the size limitation is 60,000 square feet of gross leasable area in a single building, or retail commercial 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. Staff finds that the proposed use, "bulk sales" provides goods that would directly benefit the employees and more notably the residents within the employment areas. However, staff does acknowledge that "bulk sales" by virtue of its name is also clearly a commercial use. This raises a significant question as to the applicant's proposal. While there are exemptions that would allow retail commercial uses to exceed the 60,000 gross square foot limitation', staff is not inclined to find, nor has the applicant demonstrated that these exemption criteria have been or would be met. Instead, staff is more comfortable in recommending a limitation in line with Metro's requirements. Therefore, staff recommends that the proposed use classification change be from "N" (Prohibited) to "R" (Restricted) with a footnote reference. This reference would reflect Metro's requirements, and define the area where such uses are permissible: 11 These limited uses, shall only be allowed in IP zoned property east of SW 72" Avenue. These uses, separately or in combination shall not exceed 60 000 s•uare feet of •ross leasable area in a sin•le buildin• or commercial retail uses with a total of more than 60,000 square feet of retail sales area on a sin•le lot or •arcel or on conti•uous lots or parcels, including those separated only by transportation right-of-way. • Applicable Comprehensive Plan Policies: Comprehensive Plan Policy 1.1.1: This policy states that all future legislative changes shall be consistent with the Statewide Planning Goals and the Regional Plan adopted by Metro. As indicated above under the individual Statewide and Regional Plan goals applicable to this proposed amendment, the amendment as modified by staffs recommendation is consistent with the Statewide Goals and the Regional Plan. Comprehensive Plan Policy 2.1.1: This policy 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. This policy is satisfied because notice of the proposed amendment was mailed to all Interested Parties. In addition, notice was published in the Tigard Times of the Public Hearing and notice will be published again prior to the City Council public hearing. 1 A city or county may authorize new commercial retail uses with more than 60,000 square feet of gross leasable area in Employment Areas if the uses: 1.Generate no more than a 25 percent increase in site generated vehicle trips above permitted non-industrial uses;and 2.Meet the Maximum Permitted Parking—Zone A requirements set forth in Table 3.07-2 of Title 2 of the Urban Growth Management Functional Plan. ZOA2004-00001 PAGE 6 OF 10 11/15/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION Public input has been invited in the notice. Comprehensive Plan Policy 2.1.2 and 2.1.3: In pertinent part, this policy states that the Citizen Involvement Team program and the Citizen Involvement Team Facilitators shall serve as the primary means for citizen involvement in land use planning. Policy 2.1.3 states that information on land use planning issues shall be available in understandable form. These policies were satisfied because notice of the proposed amendment was mailed to all Interested Parties. The written notices were written in plain understandable form, and included phone numbers and a contact person for anyone who may have questions. Any applicable provision of the City's implementing ordinances. Code Section 18.530: This chapter establishes the permissible uses and basic development standards for the City's three industrial zones. The purpose of this chapter is to provide a range of industrial services for City residents and facilitate the economic goals of the comprehensive plan. One of the major purposes of the regulations governing development in industrial zoning districts is to ensure that a full range of economic activities and job opportunities are available throughout the City so that residents can work close to home if they choose. The location of land within each industrial district must be carefully selected and design and development standards created to minimize the potential adverse impacts of industrial activity on established residential areas. This chapter also describes the Industrial Park zone as providing appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, or vibration, are permitted in the I-P ' zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. The applicant's proposal to include "bulk sales" into the fold of allowable uses, will meet the purpose of the chapter by increasing the diversity of economic activities and job opportunities in the industrial park zone. The proposed use will also fit within the description of the I-P zone as a "small scale commercial use" if the modifications recommended by staff are included in the amendment. This will limit the use to no more than 20% of the square footage within a development complex, and not to exceed 60,000 square feet. • SECTION V. STAFF ANALYSIS Limitations of uses are the basic building blocks of Euclidian zoning. Zones are typically set in three broad classifications: residential, commercial, and industrial. The basic premise was to segregate incompatible uses from one another, and locate the uses in the most appropriate areas of the city. These general zones were then divided into smaller subcategories; low, medium, and high density residential, limited and general commercial, ZOA2004-00001 PAGE 7 OF 10 11/15/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • light and heavy industrial. As society and citizen's needs changed, and uses evolved over time, the clear distinction between uses grew fuzzier. Certain commercial uses were allowed in limited form in the residential zones (e.g. home occupation businesses). Some industrial type uses were allowed in commercial zones (e.g. self serve storage). Limited commercial uses were allowed in industrial zones to support those industrial uses (e.g. restaurants). Finally, mixed use development dissolved the distinction between standard zoning classes, and allowed a blend of residential, commercial, and infrequently, limited industrial uses. Uses are assigned to the most appropriate zone based on their particular level of external impacts (noise, dust, odor, discharge pollution, parking, aesthetic, etc.). So a low impacting retail use would be permissible in a limited commercial zone while a big production factory would be permissible in a heavy industrial zone. Historically, lower impacting uses were allowed to locate in heavier zones, but not visa-versa. However, over time, it was recognized that the available land supply within a particular zone could be devoured by low impacting uses, leaving inadequate area in the heavier zone for the higher impact uses. This was partly due to market factors. As land values and rental rates climbed in the more desirable commercial areas, commercial businesses began drifting toward the lower land prices and rents in the less desirable industrial areas. This incrementally drives up the price of the industrial land and reduces the amount of large contiguous parcels available for large scale manufacturing type uses. This is one premise behind the protections of Metro's Title 4 requirements. Staff believes that "bulk sales" are an appropriate use in the employment areas of the Industrial Park zone since bulk sales refers to the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales. This extensive interior space, need for large service delivery vehicles, and limited public presence are similar to wholesale sales or self service storage which are presently allowed. The Industrial Park zone is appropriate as it seeks to establish a campus like setting. To ensure that campus like setting, a restriction on outdoor storage is also recommended. The I-P zoning district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odor, or vibration, are permitted in the I-P zone. Bulk sales are consistent with this description. Staff believes that to limit the commercial use to a "small scale," certain restrictions should be placed on "Bulk Sales" Bulk Sales are not appropriate in areas classified as "industrial land" by Metro as these areas limit retail uses to 5,000 square feet, and that is simply inadequate area for "extensive interior space for display". Therefore, staff recommends that the allowance for bulk sales be allowed only in those IP zoned areas designated as "employment lands". This is most easily described as "IP Zoned properties east of SW 72nd Avenue." Using the criteria established by Metro and limiting the allowance to "employment lands" within the IP Zone, staff recommends that the proposed use be allowed as a "R" Restricted Use, subject to the following limitation: 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 in a single building, or commercial retail uses with a total of more than 60,000 ZOA2004-00001 PAGE 8 OF 10 11/15/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • 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. Staff additionally recommends that to help maintain a campus like setting, a restriction on outdoor storage should be imposed, such as is described by footnote number 4 in Table 18.530.1: Permitted if all activities, except employee and customer parking, are wholly contained within a building(s). SECTION VI. OTHER ALTERNATIVES No Action - The standard would remain "bulk sales" are not permitted in the I-P zone. This would leave several existing businesses as non-conforming uses, but would continue to strictly limit the range of new commercial uses that are allowed. Expanded Action —Allow bulk sales in a wider range of zones. However, further analysis of this impact would be required, and generally staff does not favor bulk sales in the more dedicated industrial zones. This option would also likely conflict with Metro and Comp. Plan requirements. Alternate Action — Staff is recommending an alternate action option. The applicant proposed allowing bulk sales without restriction in the IP Zone. Staff found that this may violate Title 4 requirements of Metro's code, and further staff seeks to limit the degree of commercial use intrusion in the IP zone, while still providing for a variety of employment opportunities. This would be accomplished by listing Bulk Sales as a "R" Restricted Use, subject to the following footnotes: 2. Permitted if all activities, except employee and customer parking, are wholly contained within a building(s). 11 These limited uses, shall only be allowed in IP zoned property east of SW 72nd 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. SECTION VII. ADDITIONAL CITY STAFF & OUTSIDE AGENCY COMMENTS Metro responded with a letter addressed to the Planning Commission. They requested a analysis of compliance with the Urban Growth Management Functional Plan, as related to the protection of industrial areas from commercial use intrusions. The requested analysis is contained within this report, and a copy was faxed to Michael Jordan, Metro's Chief Operating Officer on November 9, 2004. Li The City of Tigard Long Range Planning Division has had an opportunity to review this proposal and notes industrial land is limited, as are the uses allowed in industrial lands. Simply because uses are pre-existing non-conforming uses, does not make the argument for changing the code. It is presumed that when the IP zone was placed on the properties, ZOA2004-00001 PAGE 9 OF 10 11/15/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION • • some uses would become non-conforming. The 20% limitation was to protect the area for • industrial uses. The City of Tigard Police Department reviewed the proposal and offered no objections. The City of Beaverton reviewed the request and responded that they do not object to the proposed amendment as it does not appear there are any I-P zoned properties near the common boundary between the two cities. However, Beaverton does note that they are concerned by the potential traffic impacts from allowing large scale retail uses in proximity to Scholls Ferry Road and the intersections thereon. Finally, the City of Beaverton included a general comment with regard to the impact on the regional land use policy. The proposed amendment appears to be another assault on the industrial/employment land supply. The Cities of Durham, King City, Lake Oswego, and Tualatin, the Oregon Department of Land Conservation and Development, and Washington County were notified of the proposed amendment and did not respond. ATTACHMENT: Exhibit A— Proposed Development Code Text Changes Exhibit B — Recommended Development Code Text Changes _ November 8, 2004 P EPA D BY:MORGA RACY DATE Associate Planner ZeA November 8, 2004 APPROVED BY:DI SDOR F DATE Planning Manager ZOA2004-00001 PAGE 10 OF 10 11/15/04 PUBLIC HEARING STAFF REPORT TO PLANNING COMMISSION III • Exhibit A Proposed Development Code Text Amendment TABLE 18330.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living RI RI RI Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation C1° C10 CI0 Cultural Institutions N N N Day Care R3 9 R3 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 Eating and Drinking Establishments R2 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 R2 N N -Personal Services R2 N N -Repair-Oriented P N N -Bulk Sales NP 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 s TABLE 18.530.1 (CON'T) USE CATEGORY I-P I-L I-H 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 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 P8 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 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. 8 Explosive storage permitted outright subject to regulations of Uniform Fire Code. • • 9 Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. The design of the day care must fully comply with State of Oregon requirements for outdoor openspace setbacks. io 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. • • tee, • • Exhibit B Recommended Development Code Text Amendment TABLE 18.530.1 USE TABLE: INDUSTRIAL ZONES USE CATEGORY I-P I-L I-H RESIDENTIAL Household Living R' R' R' Group Living N N N Transitional Housing N N N Home Occupation N N N CIVIC(INSTITUTIONAL) Basic Utilities C C P Colleges N N N Community Recreation C10 C'0 C'0 Cultural Institutions N N N Day Care R39 R39 R39 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 R2 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 R2 N N -Personal Services R2 N N -Repair-Oriented P N N -Bulk Sales N R4,11 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 • • TABLE 18330.1(CON'T) USE CATEGORY I-P I-L I-H 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 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 P8 P=Permitted R=Restricted C=Conditional Use N=Not Permitted I 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 permitted 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. ® ® 9 Day care uses with over 5 children are permitted subject to an Environmental Impact Assessment in accordance with Section 18.530.050.C.1. 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. 11 These limited uses,shall only be allowed in IP zoned property east of SW 72"a 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. • • BEDSAUL /VINCENT CONSULTING LLC 825 NE 20TH AVE., SUITE 300 PORTLAND, OR 97232 OFFICE(503) 230.2119 FAX (503) 230.2149 DATE: July 21, 2004 REQUEST: Type IV Quasi-Judicial Zoning Text Amendment to permit bulk sales in the IP, (Industrial Park District)zone APPLICANTS: Paul Schatz III, Paul Schatz Furniture 6600 SW Bonita Road Robert Smetts Smetco, Inc. 6830 SW Bonita Road OWNERS: Paul Schatz III, Paul Schatz Furniture 6600 SW Bonita Road Robert Smetts Smetco, Inc. 6830 SW Bonita Road LEGAL DESCRIPTION: Tax Lot 300: Bonita Gardens, Lot PT 4 Tax Lot 1100: 2002-020 Partition Plat, Lot 1 Both lots in the SE 1/4 of the NE 1/4 Sec.12, T2S, R1W SIZE: Tax Lot 300: 0.9 Acre, TL 1100: 2.92 Acres. ZONING: I-P-Industrial Park District LOCATION: 6600 and 6830 SW Bonita Road CRITERIA: Chapter 18.380.030 B. Standards for making quasi-judicial decisions A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations; 2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or Schatz /Smetco Zoning Text Amendment 1 • zoning map as it relates to the property, which is the subject of the development application. I. APPLICABLE REGULATIONS A. LCDC Statewide Planning Goals: Goal 1: Citizen Involvement Goal 2: Land Use Planning Goal 6: Air, Water and Land Resources Quality Goal 9: Economic Development Goal 11: Public Facilities Goal 12: Transportation Goal 13: Energy Conservation Goal 14: Urbanization B. Tigard Comprehensive Plan: Vol. II Findings, Policies and Implementing Strategies Policy 1 -General Policies Policy 2- Citizen Involvement Policy 3-Natural Resources Policy 4-Air, Water and Land Resources Quality Policy 5-Economy Policy 6-Housing Policy 7-Public Facilities and Services Policy 8- Transportation Policy 9-Energy Policy 10- Urbanization Policy 11- Special Areas of Concern Policy 12- Locational Criteria C. Title 18: Development Code for the City of Tigard 1. Chapter 18.380 Zoning Map and Text Amendments 18.380.030 Approval Criteria for Zoning Map and Text Amendments 2. Chapter 18.390.050 Decision Making Procedures (Type IN or Chapter 18.390.060.G For Type IV Schatz / Smetco Zoning Text Amendment 2 • 3. 18.390.050 Type II Procedure 18.390.050(B)(e)Application requirements-Impact Study II. AFFECTED JURISDICTIONS 1. City of Tigard: - Department of Community Development - Department of Police - Department of Engineering 2. TVFR III. BACKGROUND FACTS 1. On-Site Land Uses: Paul Schatz Furniture occupies TL 1100, a 2.29-acre, parcel. The business consists of a 40,000 square foot building that contains the showroom, offices and storage area for the furniture store. (See Attachment "A") The building is surrounded by approximately 40,000 square feet of landscaped beds, mature trees and grassy areas and a 57-stall parking lot. A two-bay-loading dock is in the rear of the building. Up until recently, the 0.9 acre TL 300 was occupied by Smetco, a manufacturer of steel roller conveyor belt systems. An 8,000 square foot corrugated metal-sided structure and 900 square foot office are attached to the metal building. Approximately six months ago, Smetco relocated its operation to Canby, OR., primarily because the business outgrew the site and in part, because the property will have more value as a bulk sales use, such as another companion home furnishings business. The site also consists of a 10-stall parking area, a concrete paved staging/loading pad and some mature landscaping. 2. Site Characteristics: TL 1100, (Paul Schatz Furniture), has frontage onto SW Bonita Road, and gains access via a 35'wide paved "frontage road" onto SW Sequoia Parkway, just south of the intersection of SW Bonita and Sequoia Parkway. The former Smetco site gains access via the access described above and has access through a parking lot to the West. (i.e. John Barleycorn pub) At this location, SW Bonita Road passes over 1-5; therefore, the elevation of SW Bonita Road is approximately 15' to 25' above the elevation of the tax lots subject to this request. A grassy embankment separates and the site's perimeter landscaping separates the subject site from travel lanes of Bonita Road. 3. Surrounding Planning, Zoning and Land Use: Lands directly to the west and south are zoned I-P. (Industrial Park District) Tax Lot 1200 is a. 0.83-acre lot directly to the west of Tax Lot 1100 that sells rugs and oriental carpets (Atiyeh Bros.) Tax Lot 900 is a 11-acre lot directly to the south of Tax Lot 1100 that contains a Home Depot, which is a home improvement sales business selling, among other things, bulky items, such as large appliances. There is IL, (Light Industrial District) land north of and across the SW Bonita Road. The City limits of Tigard and 1-5 are directly east of the site where similar retail furniture stores are locating (Ethan Allen and Norwalk) demonstrating a clustering of business activity. (See Attachment"B") IV. INTRODUCTION The subject sites are currently located in the l-P, (Industrial Park), District. The purpose of this Zoning Text Amendment is to modify the Industrial Zones Use Table to permit Schatz /Smetco Zoning Text Amendment 3 ® ! "Bulk Sales" within the I-P Zone. "Bulk sales" are defined in Chapter 18.130 of the Tigard Zoning Code. According to 18.130.020, C. 4 (d) Bulk Sales are defined as: "Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales" The purpose of the Industrial Zoning Districts is to provide a range of industrial services for City residents (18.530.010 A). Another purpose is to facilitate the economic goals of the City of Tigard by ensuring that there is a full range of economic activities and job opportunities within the City limits (18.530.010 B). It is the applicants belief that businesses requiring extensive interior space should be allowed in the I-P zone, because the character of the land within this I-P zoned area, (e.g., large lot size, larger building footprint size, and location near or on arterial/collector streets), lends itself to those businesses selling furniture, large appliance and home improvement sales. Businesses selling furniture, large appliance and home improvement items need large parking lots and loading areas for customers to pick-up, drop-off and haul away their large merchandise. In fact, a review of current land uses in the immediate area, combined with a recent applicants' survey of all existing uses in Tigard's I-P zones suggests that the applicants' assertion is correct. Paul Schatz Furniture, (TL 1100 and one of the subject sites), contains a 40,000 square foot building selling furniture on a 2.92-acre lot. Tax Lot 1200 is a 0.83-acre lot directly to the west of Tax Lot 1100 that sells rugs and oriental carpets. (Atiyeh Bros.) Tax Lot 900 is a 11-acre lot directly to the south of Tax Lot 1100 that contains a Home Depot, which is a home improvement sales business selling, among other things, large appliances. The applicants' recently surveyed 247 businesses located within Tigard's I-P zones. Of the 247 businesses surveyed, 22 are easily classified as bulk sales uses, and 8 of the 22 bulk sales businesses are already located in the I-P zoned land adjacent or nearby the subject ownerships. (i.e. that I-P zoned land between Bonita Road and Upper Boones Ferry and 1-5 and Sequoia Parkway) Paul Schatz Furniture, Atiyeh Bros Carpet, Home Depot, Norwalk Furniture and Ethan Allen Furniture are clustered in a relatively small area on both sides of I-5 , Carman Drive and Bonita Road in Tigard and Lake Oswego. Therefore, individual business owners have already decided that locating their businesses adjacent to and/or near 1-5 and near other home furnishing businesses gives them good exposure and is good for business. If that were not the case, there would not be the current clustering of home furnishing businesses in the area. That is, if other home furnishing/home improvement businesses were worried about lost revenue due to competition, they would not knowingly locate adjacent to each other. The businesses are complementing each other, rather than competing with each other. Therefore, bulk sales uses should be allowed in I-P zoned areas, based on the character of area and the character of the existing businesses located within this particular I-P zoned area. Morgan Tracy notes in his pre-app notes, (See Attachment "C"), that "I think you can make the argument that bulk sales are really a cross between retail and warehouse as they require such large areas for loading and storage." Therefore, staff supports the applicants' assertion that the character of area and the character of the existing structures within the I-P are suited for bulk sales uses. Schatz / Smetco Zoning Text Amendment 4 I • IV. JUSTIFICATION FOR REQUEST: The following narrative is intended to justify the applicants' request, and to demonstrate compliance with all applicable and relevant City of Tigard Comprehensive Plan policies and goals and City of Tigard Community Development Code (CDC) requirements related to the request. 18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map 18.380.030 B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1 Demonstration of compliance with all applicable comprehensive plan policies and map designations; 2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance;and 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. APPLICANTS' COMMENT: The following responses to the above-stated applicable Code criteria will demonstrate that the proposal complies with 18.380.030 B. 1 Demonstration of compliance with all applicable comprehensive plan policies and map designations; Policy 1 —General Policies POLICY 1.1.1 THE CITY SHALL ENSURE THAT: a. THIS COMPREHENSIVE PLAN AND ALL FUTURE LEGISLATIVE CHANGES ARE CONSISTENT WITH THE STATEWIDE PLANNING GOALS ADOPTED BY THE LAND CONSERVATION AND DEVELOPMENT COMMISSION, THE REGIONAL PLAN ADOPTED BY THE METROPOLITAN SERVICE DISTRICT. APPLICANTS' COMMENT: The applicants assume that the Tigard Comprehensive Plan Policies applicable to this request are in conformance with LCDC Goals, State Statutes, and Administrative Rules, therefore if the applicants address the applicable Plan policies, the State requirements will be concurrently addressed. Responses follow: Policy 2 -Citizen Involvement POLICY 2.1.3 THE CITY SHALL ENSURE THAT INFORMATION ON LAND USE PLANNING ISSUES IS AVAILABLE IN AN UNDERSTANDABLE FORM FOR ALL INTERESTED CITIZENS. IMPLEMENTATION STRATEGIES 1. The City shall continue to publish information on land use planning issues in a form accessible to all citizens. (Ord. 93-19) Schatz /Smetco Zoning Text Amendment 5 • I . APPLICANTS' COMMENT: Applicants assume that the request for this Zoning Text Amendment will be published as a notice in applicable local newspapers, and that citizens of Tigard will have notice of this land use planning issue in compliance with Policy 2.13 and Implementation Strategy 1. Additionally, the Type IV process requires public hearings giving citizens additional opportunity to comment and influence the decision making process. Policy 3— Natural Resources POLICY 3.1.1 THE CITY SHALL NOT ALLOW DEVELOPMENT IN AREAS HAVING THE FOLLOWING DEVELOPMENT LIMITATIONS EXCEPT WHERE IT CAN BE SHOWN THAT ESTABLISHED AND PROVEN ENGINEERING TECHNIQUES RELATED TO A SPECIFIC SITE PLAN WILL MAKE THE AREA SUITABLE FOR THE PROPOSED DEVELOPMENT. (NOTE: THIS POLICY DOES NOT APPLY TO LANDS DESIGNATED AS SIGNIFICANT WETLANDS ON THE FLOODPLAIN AND WETLANDS MAP.): a. AREAS MEETING THE DEFINITION OF WETLANDS UNDER CHAPTER 18.26 OF THE COMMUNITY DEVELOPMENT CODE; b. AREAS HAVING A SEVERE SOIL EROSION POTENTIAL; c. AREAS SUBJECT TO SLUMPING, EARTH SLIDES OR MOVEMENT. d. AREAS HAVING SLOPES IN EXCESS OF 25%; OR e. AREAS HAVING SEVERE WEAK FOUNDATION SOILS. APPLICANTS' COMMENT: According to the City of Tigard's GIS mapping and Zoning District Map, the subject ownership and/or nearby lots are not in the 100-year floodplain of Fanno Creek, nor is there any part of those lots that have slopes 25% or greater. There are some portions of I-P zoned land on Tigard Road and along the RXR tracks along 74th that are in the 100- year floodplain of Fanno Creek, but the majority of the City's I-P zoned land is not in 100-year floodplain of Fanno Creek. Therefore, based on the above-mentioned facts, the proposal complies with this policy. Policy 4—Air, Water and Land Resources Quality POLICY 4.1.1 THE CITY SHALL: a. MAINTAIN AND IMPROVE THE QUALITY OF TIGARD'S AIR QUALITY AND COORDINATE WITH OTHER JURISDICTIONS AND AGENCIES TO REDUCE AIR POLLUTIONS WITHIN THE PORTLAND-VANCOUVER AIR QUALITY MAINTENANCE AREA. (AQMA). b. WHERE APPLICABLE, REQUIRE A STATEMENT FROM THE APPROPRIATE AGENCY, THAT ALL APPLICABLE STANDARDS CAN BE MET, PRIOR TO THE APPROVAL OF A LAND USE PROPOSAL. c. APPLY THE MEASURES DESCRIBED IN THE DEQ HANDBOOK FOR "ENVIRONMENTAL QUALITY ELEMENTS OF OREGON LOCAL COMPREHENSIVE LAND USE PLANS"TO LAND USE DECISIONS HAVING THE POTENTIAL TO AFFECT AIR QUALITY. APPLICANTS' COMMENT: As stated above, Paul Schatz Furniture, Atiyeh Bros Carpet, Home Depot and Ethan Allen and Norwalk are clustered on both sides of 1-5 , Carman Drive and Bonita Road in Schatz / Smetco Zoning Text Amendment 6 • • Tigard and Lake Oswego. Therefore, the above-mentioned businesses are helping to maintain air quality within the local air shed because vehicle miles traveled are reduced by concentrating retail furniture businesses within a central location. The majority of Tigard's I-P zoned land is also on arterial and collector streets near freeway exits, thus providing centralized access to those transportation facilities. POLICY 4.2.1 ALL DEVELOPMENT WITHIN THE TIGARD URBAN PLANNING AREA SHALL COMPLY WITH APPLICABLE FEDERAL, STATE AND REGIONAL WATER QUALITY STANDARDS, INCLUDING THOSE CONTAINED IN THE CLEAN WATER SERVICES'DESIGN AND CONSTRUCTION MANUAL. (Rev. Ord. 02-15) POLICY 4.2.2 THE CITY SHALL RECOGNIZE AND ASSUME ITS RESPONSIBILITY FOR OPERATING, PLANNING, AND REGULATING WASTEWATER SYSTEMS AS DESIGNATED IN METRO'S WASTE TREATMENT MANAGEMENT COMPONENT. (Rev. Ord. 02-15) APPLICANTS' COMMENT: The subject ownerships, and presumably all business in the I-P zoned area are connected to City of Tigard water supply and sanitary sewer systems, thus compliance with these policies is met. POLICY 4.3.1 THE CITY SHALL: a. REQUIRE DEVELOPMENT PROPOSALS LOCATED IN A NOISE CONGESTED AREA OR A USE WHICH CREATES NOISE IN EXCESS OF THE APPLICABLE STANDARDS TO INCORPORATE THE FOLLOWING INTO THE SITE PLAN: 1. BUILDING PLACEMENT ON THE SITE IN AN AREA WHERE THE NOISE LEVELS WILL HAVE A MINIMAL IMPACT; OF? 2. LANDSCAPING AND OTHER TECHNIQUES TO LESSEN NOISE IMPACTS TO LEVELS COMPATIBLE WITH THE SURROUNDING LAND USES. b. COORDINATE WITH DEQ IN ITS NOISE REGULATION PROGRAM AND APPLY THE Vol. 11, Policy 4-4 DEQ LAND USE COMPATIBILITY PROGRAM. c. WHERE APPLICABLE REQUIRE A STATEMENT FROM THE APPROPRIATE AGENCY (PRIOR TO THE APPROVAL OF A LAND USE PROPOSAL) THAT ALL APPLICABLE STANDARDS CAN BE MET. APPLICANTS' COMMENT: The subject ownerships and most of the businesses in the I-P zoned area are located along collectors and arterials, which generate large volumes of traffic during peak AM and PM commute times. More importantly, the subject ownerships are located adjacent to 1-5, which generates on average 200,000 passengers and freight trips/day. Therefore, it is likely that the noise generated from car and truck traffic on the nearby 1-5 and on • arterial and collectors streets exceeds the noise that could be generated by customer's passenger cars and truck delivery entering and exiting the businesses within the subject ownerships and other I-P zoned businesses. Policy 5-Economy POLICY 5.1 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. Schatz /Smetco Zoning Text Amendment 7 • • APPLICANTS' COMMENT: The growth of the local job market in part depends on the City providing an adequate amount of acreage of appropriately zoned land to accommodate new businesses and to allow for the expansion of existing businesses in the community. According to the City GIS data, there is approximately 800 acres of industrially zoned land within the City limits, and of that 800 acres, approximately 380 acres is zoned I-P (Industrial Park). Therefore, 47% of all the industrially zoned land in the City can accommodate all of the uses permitted in the I-P zone, such as general retail, (e.g. sales-oriented, personal service) and office uses. Presently the I-P zone does not permit bulk sales. Therefore, although nearly half of all industrially zoned acreage is zoned I-P, it prohibits the type of bulk sales uses that have already located in the I-P zoned area, it prohibits those businesses that seek to locate in an I-P zoned land, and it prohibits the expansion of those businesses already in the I-P zone. A small change in the zoning code text could remove that impediment and open up the I-P zoned acreage to a variety of businesses that are classified as bulk sales, such as furniture, appliance stores and home improvement stores. By removing the prohibition against bulk sales uses, the City could diversify the economic opportunities available to Tigard residents and grow the local job market in compliance with this policy. IMPLEMENTATION STRATEGIES 1. The City's Community Development Code shall incorporate any revisions needed to remove unnecessary obstacles which may deter new economic activities. APPLICANTS' COMMENT: Removing the prohibition against bulk sales in the I-P zone removes an unnecessary obstacle that deters new economic activities within the I-P zoned land. As previously stated, the purpose of this Zoning Text Amendment is to modify the Industrial Zones Use Table to permit "Bulk Sales" within the I-P Zone. "Bulk sales" are defined in Chapter 18.130 of the Tigard Zoning Code. According to 18.130.020, C. 4 (d) Bulk Sales are defined as: "Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales" It is the applicants' belief that businesses requiring extensive interior space should be allowed in the I-P zone, because the character of the land within this I-P zoned area, (e.g., large lot size, larger building footprint size, and location near or on arterial/collector streets), lends itself to those businesses selling furniture, large appliance and home improvement sales. Businesses selling furniture, large appliances and home improvement items need large parking lots and loading areas for customers to pick-up, drop-off and haul away their large merchandise. In fact, a current review of land uses in the immediate area, combined with a recent applicants' survey of all existing uses in Tigard's I-P zones suggests that the applicants' assertion is correct. Paul Schatz Furniture, (one of the subject sites), contains a 40,000 square foot building selling furniture on a 2.92-acre lot. (TL 1100) Tax Lot 1200 is a 0.83-acre lot directly to the west of Tax Lot 1100 that sells rugs and oriental carpets (Atiyeh Bros.) Tax Lot 900 is a 11-acre lot directly to the south of Tax Lot 1100 that contains a Home Depot, which Schatz / Smetco Zoning Text Amendment 8 • • is a home improvement sales business selling, among other things, large appliances. The requested minor change to the zoning text will remove an unnecessary obstacle to economic activities within the I-P zoned land in compliance with this Implementing strategy. Policy 6—Housing POLICY 6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT LEVELS. APPLICANTS' COMMENT: The purpose of this request is to change the zoning text in the I-P zone, and has no impact on the zoning text for residential zones, therefore Policy 6 is not applicable to this request. Policy 7— Public Facilities and Services 7.1.2 THE CITY SHALL REQUIRE AS A PRE-CONDITION TO DEVELOPMENT APPROVAL THAT: a. DEVELOPMENT COINCIDE WITH THE AVAILABILITY OF ADEQUATE SERVICE CAPACITY INCLUDING: 1. PUBLIC WATER; 2. PUBLIC SEWER SHALL BE REQUIRED FOR NEW DEVELOPMENT WITHIN THE CITY UNLESS THE PROPERTY INVOLVED IS OVER 300 FEET FROM A SEWER LINE AND WASHINGTON COUNTY HEALTH DEPARTMENT APPROVAL FOR A PRIVATE DISPOSAL SYSTEM IS OBTAINED;AND 3. STORM DRAINAGE. APPLICANTS' COMMENT: The requested zoning text amendment will not result in "development" per se, but future expansion and/or relocation of bulk sales businesses may result in development. An application for a development permit will be required to show that the water, sewer, and storm drainage facilities are adequate for the proposed use, or can be made available for the proposed use, at the time of development approval. Policy 8—Transportation 8.1.1 PLAN, DESIGN AND CONSTRUCT TRANSPORTATION FACILITIES IN A MANNER WHICH ENHANCES THE LIVABILITY OF TIGARD BY: a. PROPER LOCATION AND DESIGN OF TRANSPORTATION FACILITIES. APPLICANTS' COMMENT: A review of the Zoning District Map and Transportation System Plan Map indicates that the subject sites and other nearby I-P zoned land are located on Bonita Road, Upper Boones Ferry, Sequoia Parkway, and 72nd all of which are arterial and/or collector streets. (See Attachments "B" & "0") Therefore, the I-P zoned land is properly located on streets that are designed to carry the traffic volume expected in an industrial park area. Schatz / Smetco Zoning Text Amendment 9 • Policy 9—Energy 9.1.2 THE CITY SHALL ESTABLISH A BALANCED AND EFFICIENT TRANSPORTATION SYSTEM WHICH COMPLEMENTS THE LAND USE PLAN AND IS DESIGNED TO MINIMIZE ENERGY IMPACTS. APPLICANTS' COMMENT: Allowing bulk sales in the I-P zone would allow Paul Schatz Furniture to expand its already thriving business. It encourages a public policy that recognizes certain land uses will cluster together in order to benefit from each other. This clustering supports the City of Tigard's goal of establishing a balanced and efficient transportation system by reducing vehicle miles traveled for consumers shopping for furniture. Clustering the uses in one location helps conserve fossil fuels. Policy 10—Urbanization APPLICANTS' COMMENT: As stated in the introduction to this policy, urbanization: addresses the concerns expressed by Statewide Planning Goal# 14: Urbanization, which is "to provide for an orderly and efficient transition from rural to urban land use." This requested zoning text amendment does not concern the "orderly and efficient transition from rural to urban land use.", and therefore Policy 10 is not applicable to this request. Policy 11 —Special Areas of Concern 11.5 NEIGHBORHOOD PLANNING ORGANIZATION#5 POLICY 11.5.1 THE CITY SHALL REQUIRE BUFFERING AND SCREENING BETWEEN RESIDENTIAL AREAS AND ADJOINING INDUSTRIAL AREAS AS A PRECONDITION TO DEVELOPMENT APPROVAL AS FOLLOWS: a. ALL BUILDINGS ON INDUSTRIAL LAND SHALL BE SET BACK A DISTANCE OF 50 FEET FROM ANY PROPERTY LINE WHICH ABUTS A RESIDENTIALLY PLANNED AREA; APPLICANTS' COMMENT: According to the Tigard Zoning District Map, the I-P zoned area that includes the subject ownerships, and those lands bounded by Bonita Road, 72"d, 1-5 and Upper Boones Ferry Road are not directly adjacent to residentially zoned land. Therefore, no buffering requirement is necessary. The applicants presume that the Tigard Development Code does include buffering requirement in those instances where other I-P zoned land does in fact abut residentially zoned land. . Policy 12 —Locational Criteria 12.3 INDUSTRIAL POLICY 12.3.1 THE CITY SHALL REQUIRE THAT: Schatz / Smetco Zoning Text Amendment 10 b. SITES FOR LIGHT INDUSTRIAL DEVELOPMENT SHALL BE: (1) BUFFERED FROM RESIDENTIAL AREAS TO ENSURE THAT PRIVACY AND THE RESIDENTIAL CHARACTER OF THE AREA ARE PRESERVED. (2) LOCATED ON AN ARTERIAL OR COLLECTOR STREET AND THAT INDUSTRIAL TRAFFIC SHALL NOT BE CHANNELED THROUGH RESIDENTIAL AREAS. c. THE SITE SHALL BE OF A SIZE AND SHAPE WHICH WILL PROVIDE FOR THE SHORT AND LONG RANGE NEEDS OF THE USE. d. THE LAND INTENDED FOR DEVELOPMENT SHALL HAVE AN AVERAGE SITE TOPOGRAPHY OF LESS THAN 6% GRADE, OR THAT IT CAN BE DEMONSTRATED THAT THROUGH ENGINEERING TECHNIQUES ALL LIMITATIONS TO DEVELOPMENT AND THE PROVISION OF SERVICES CAN BE MITIGATED. e. IT CAN BE DEMONSTRATED THAT ASSOCIATED LIGHTS, NOISE AND OTHER EXTERNAL EFFECTS WILL NOT INTERFERE WITH THE ACTIVITIES AND USES ON SURROUNDING PROPERTIES. f. ALL OTHER APPLICABLE PLAN POLICIES CAN BE MET. ' APPLICANTS' COMMENT: The Tigard Zoning District Map, enclosed as Attachment "B", shows that the I-P zoned area surrounding the subject ownerships, and those lands bounded by Bonita Road, 72nd, 1-5 and Upper Boones Ferry Road are not directly adjacent to residentially zoned land. Therefore, there is no buffering requirement in these areas. The applicants presumes that the Tigard Development Code does include buffering requirement in those instances where other I-P zoned land does in fact abut residentially zoned land. Paul Schatz Furniture currently occupies TL 1100, a 2.29-acre, parcel consisting of a 40,000 square foot building containing the showroom, offices and storage area for the furniture store. The building is surrounded by approximately 40,000 square feet of landscaped beds, mature trees and grassy areas and a 57-stall parking lot. A two-bay- loading dock is in the rear of the building. Therefore, there is ample area available for expansion if in fact the bulk sales prohibition is removed to allow for expansion. Up until recently, the 0.9 acre TL 300 was occupied by Smetco, a manufacturer of steel roller conveyor belt systems. An 8,000 square foot corrugated metal-sided structure and 900 square foot office are attached to the metal building. Approximately six months ago, the company relocated its operation to Canby, OR., primarily because the business outgrew the site and in part, because the property will have more value as a bulk sales use, such as another companion home furnishings business. The site also consists of a 10-stall parking area, a concrete paved staging/loading pad and some mature landscaping. Therefore, the existing structure could be removed and redeveloped with a new standalone structure, landscaping and parking in compliance with the I-P zone standards of the Community Development Code. Both sites described above are on land that is nearly flat and certainly less than 6% slope. At this location, SW Bonita Road passes over 1-5; therefore, the elevation of SW Bonita Road is approximately 15' to 25' above the elevation of the tax lots subject to this request. A grassy embankment separates and the site's perimeter landscaping separates the subject site from travel lanes of Bonita Road. Therefore, there is topographic features and vegetation that separate the subject ownerships from other adjacent uses. Schatz / Smetco Zoning Text Amendment 11 • Lands directly to the west and south are zoned I-P. (Industrial Park District) Tax Lot 1200 is a 0.83-acre lot directly to the west of Tax Lot 1100 that sells rugs and oriental carpets (Atiyeh Bros.) Tax Lot 900 is a 11-acre lot directly to the south of Tax Lot 1100 that contains a Home Depot, which is a home improvement sales business selling, among other things, bulky items, such as large appliances. There is IL, (Light Industrial District) land north of and across the SW Bonita Road, The City limits of Tigard and 1-5 are directly east of the site. Based on the character of the surrounding commercial/industrial uses, it is unlikely that proposed expansion of existing uses and/or redevelopment of the site will have significant impacts on surrounding uses, because presumably all surrounding uses are generating similar amounts noise impacts, vehicle traffic impacts and lighting impacts. 2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance;and APPLICANTS' COMMENT: • A review of the Community Development Code indicates the following references to bulk sales: • Bulk Sales is listed under the heading of "Use Category" within the Commercial Zones Table 18.520.1, which states that"bulk sales" are permitted, not permitted and restricted in the various commercial zones. This request is to allow bulk sales in the I-P and the request does not propose to change the use status in any commercial zones. • Bulk Sales is listed under the heading of "Use Category" within the Industrial Zones Table 18.530.1, which states that "bulk sales" are not permitted in the I-P zone. This request is to allow bulk sales in the I-P and the request does not propose to change the use status in the I-L and/or I-H zones. • "Bulk sales" are a defined item in Use Classification Chapter 18.130 of the Tigard Zoning Code. According to 18.130.020, C. 4 (d) Bulk Sales are defined as: "Establishments which engage in the sales, leasing and rental of bulky items requiring extensive interior space for display including furniture, large appliance and home improvement sales" This request does not propose a change in how "bulk sales" is defined as set forth in 18.130.020.C. 4 (d) 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. APPLICANTS' COMMENT: The following evidence will show that there is no consistent or coherent reason why bulk sales are not permitted in the I-P zone. It does appear that the prohibition came into existence as part of a use category consolidation effort by planning staff, with no apparent or explicit reason to prohibit bulk sales. Schatz / Smetco Zoning Text Amendment 12 • The applicants' representative has reviewed all archived Community Development Codes from before 1995, up to, and including the current Community Development Code. The purpose of this exercise was to search for any clues that might demonstrate why bulk sales were prohibited. A list of those archived codes is as follows: Code Notes on reformatting-1994 Tigard Zoning Code-A Municipal Code Update-1995 Title 18 Zoning-Complete Updates of Chapter 18-1995 Title 18 Amendments Prior to 11/26/98 Title 18 Zoning-Community Development Code Re-Write-8/27/1998 Title 18 Community Development Code Re-Write 1995-1999 The purpose of the review was to find answers to the following questions: 1. In past versions of the code, was there a use category for bulk sales or were furniture stores, appliance stores and rental equipment companies in some other use category. ? If there was a change, was there any explanation as to why the use category was changed? 2. Was there any discussion, comments, notes or any other information contained within those documents that established when bulk sales was described as a specific use category, and when it was, in what zones was it permitted? 3. Was there any discussion, comments, notes or any other information contained within those documents that describes why bulk sales were not permitted in the I-P zone? After a review of the above-mentioned code documents, the applicants' representative had a telephone conversation with Dick Bewersdorff, Planning Manager, to find answers to these questions. According to Mr. Bewersdorff, the history of the furniture sales/bulk sales is as follows: • Prior to 1995, furniture stores were a "subset" classification under the general heading of general retail sales. • In 1998, as part of a major code revision, planning staff decided to consolidate the long list of very specific "classified" permitted/not permitted uses within a use category into a shorter, and less specific list of uses sharing similar "use characteristics". Somehow, during that exercise, furniture sales, large appliances sales and rental companies were consolidated into the bulk sales use category, and then assigned a "not permitted" use in the I-P zone. Based on the evidence presented above, there is no consistent or coherent reason as to why bulk sales are not permitted in the I-P zone. It does appear that the prohibition came into existence as part of a use category consolidation effort by planning staff, with no apparent or explicit reason to prohibit bulk sales. If this is true, and the applicants have demonstrated that there are compelling reasons to allow bulk sales in the I-P zone, then this "mistake or inconsistency" in the zoning code text can be rectified by approving this request. Another form of inconsistency could also be rectified if this request is approved. Schatz / Smetco Zoning Text Amendment 13 ® • The I-P zone offers the amenities a retail furniture store needs — display area for consumer products, a loading area to load products into a vehicle and get the products to their homes. It seems an inconsistent application of the Code to allow a use like Home Depot, which clearly sells bulky, home improvement products, and not allow other bulk sales uses like Paul Schatz furniture. Therefore, bulk sales uses should be allowed in I-P zoned areas, based on the character of area and the character of the existing businesses located within this particular I-P zoned area. A zoning text amendment would clear up that apparent inconsistency and permit bulk sales in the I-P zone. 18.390.050 Type ll Procedure 18.390.050 B. Application requirements 18.390.050 B (e.) Include an impact study. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicants shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. APPLICANTS' COMMENT: As set forth in Chapter 18.530.010, (Purpose), the I-P zoning district: "provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odors, vibration, are permitted in the I-P zone" (18.530.020 A) By their very nature, retail furniture sales and other bulk sales are appropriate for the I-P because they do not generate off-site impacts significantly above other light manufacturing, office and small-scale commercial uses. Home Depot is the most obvious example of a retail sales use selling bulky items like refrigerators and lumber materials to homeowners. Home Depot is a 120,000 square foot store located directly south of the subject ownerships at Sequoia Parkway and Cardinal Lane. (See Attachment "A") According to the Tigard Transportation System Plan, Sequoia Parkway is classified as a collector street, which typically handles 5,000 or more ADT, therefore Home Deport is located in a business park setting, with a collector street nearby to handle the volume of traffic generated by the 120,000 square foot store. By contrast, Paul Schatz furniture is a 40,000 square foot store, therefore it is 1/3 the size of the existing Home Depot. If Home Depot is appropriate for the I-P zone, then it is clear that permitting other smaller scale bulk sale uses within the existing I-P zoned business parks will not generate significant impacts beyond what is currently generated by bulk sales uses already within the I-P zone. (e.g. Home Depot) The City limits of Tigard and Schatz / Smetco Zoning Text Amendment 14 • 1-5 are directly east of the subject sites. Based on the character of the surrounding commercial/industrial uses, it is unlikely that proposed expansion of existing uses and/or redevelopment of the site will have significant impacts on surrounding uses, because presumably all surrounding uses are generating similar amounts of noise impacts, vehicle traffic impacts and lighting impacts. Approving bulk sales in the I-P zone will permit retail furniture stores and other bulk sales uses to lease spaces within existing campus-like business park settings, such as Pacific Corporate Center, (Sequoia Parkway), Oregon Business Park, (SW 72nd and Upper Boones Ferry & Upper Boones Ferry), and Pac-Trust Business Center, (Durham Road and 72nd) . The above-mentioned examples of I-P zoned business parks already contain light manufacturing, office and small-scale commercial uses. Therefore, the proposed and existing bulk sales uses will be surrounded by and adjacent to other users that do not generate any significant amounts of noise, glare or odor. Based on the facts presented above, it is clear that the location of bulk sales within the existing I-P zoned business parks will not generate significant amounts of noise, odor or glare beyond what already exists within the current I-P zoned areas. IV. SUMMARY: The purpose of the Industrial Zoning Districts is to provide a range of industrial services for City residents (18.530.010 A). Another purpose is to facilitate the economic goals of the City of Tigard by ensuring that there is a full range of economic activities and job opportunities within the City limits (18.530.010 B). It is the applicants' belief that businesses requiring extensive interior space should be allowed in the I-P zone, because the character of the land within this I- P zoned area, (e.g., large lot size, larger building footprint size, and location near or on arterial/collector streets), lends itself to those businesses selling furniture, large appliance and home improvement sales. Evidence presented in the application narrative, exhibits and attachments have shown that individual business owners have already made the decision to locate their bulk sales businesses within the I-P zone. The applicants' recent survey of 247 businesses demonstrated that 22, (or 8.9%), of those businesses are easily classified as bulk sales uses, and 8 of the 22 bulk sales businesses are already located in the I-P zoned land adjacent or nearby the subject ownerships. Paul Schatz Furniture, Atiyeh Bros Carpet, Home Depot, Norwalk Furniture and Ethan Allen are clustered in a relatively small area on both sides of 1-5, Carman Drive and Bonita Road in Tigard and Lake Oswego. Therefore, individual business owners have already decided that locating their businesses adjacent to and/or near 1-5 and near other home furnishing, businesses give them good exposure and is good for business. If that were not the case, there would not be the current clustering of home furnishing businesses in the area. The businesses are complementing each other, rather than competing with each other. All of the above-mentioned businesses are currently classified as bulk sales uses in the I-P zone. The I-P zone offers the amenities a retail furniture store needs — display area for consumer products, a loading area to load products into a vehicle and get the products to their homes. It seems an inconsistent application of the Code to allow a use like Home Depot, and not allow other bulk sales uses like Paul Schatz furniture. Therefore, bulk sales uses should be allowed in I-P zoned areas, based on the character of area and the character of the existing businesses located within this particular I-P zoned area. A zoning text amendment would clear up that apparent inconsistency and permit bulk sales in the I-P zone. Schatz / Smetco Zoning Text Amendment 15 V. CONCLUSION: This application has been submitted in accordance with the requirements established by the City of Tigard Community Development Code for a zoning text amendment to permit bulk sales in the I-P zone. Evidence has been presented to address all applicable sections of the Community Development Code and relevant policies and implementing strategies of the Tigard Comprehensive Plan. Therefore, based on all the evidence presented in this application narrative, exhibits and attachments, this zoning text amendment application should be approved. • Schatz / Smetco Zoning Text Amendment 16 • • LIST OF ATTACHMENTS ATTACHMENT A - Color aerial photo of subject ownerships and vicinity ATTACHMENT B- Color copy of Tigard Zoning District Map ATTACHMENT C- March 30,2004 Pre-Application Notes by Morgan Tracy ATTACHMENT D- Color copy of Tigard Transportation System Plan Map ATTACHMENT E (1) & (2)-Color aerial photos showing all industrially zoned land with I- P zoned land highlighted in blue. 600 NORTHEAST GRAND AVENUE PORTLAN D, OREGON 97232 2739 TEL 503 797 1700 I FAX 503 797 1797 ��1��Illilllllll t,: ,'.n METRO October 27, 2004 Mr. Mark Padgett, Chair City of Tigard Planning Commission 13125 SW Hall Boulevard Tigard, OR 97223 Subject: ZOA2004-00001 Dear Mr. Padgett: Metro recently received noticed of a proposed change to the City's Community Development Code that is contained in City of Tigard file no. ZOA2004-00001. The proposed change is to allow"Bulk Sales"within the Industrial Park (IP) zone where presently this use is prohibited. At this time Metro is requesting an analysis of compliance of the proposed amendment with the Urban Growth Management Functional Plan, pursuant to section 3.07.820(A) of the plan. The analysis is to address compliance with Metro code section 3.07.430, Protection of Industrial Areas. The relevant Metro code sections are included for your reference. Please provide the analysis no later than November 8, 2004. Thank you for your consideration in this matter. Sincerely, /./ Michael Jordan Chief Operati • •fficer TO/ff Enclosure I:\gm\c ommunity_development\share\Compliance\TigardZOA2004-00001.doc cc: Morgan Tracy Jim Hendryx Richard Benner Andy Cotugno Mary Weber Tim O'Brien Recycled Paper www.metro-reglon,org TDD 797 1104 6 Morgan Trac +aaumwoamunrmvu�s.�i� (V»..,...,...y...3.., ..,.Wa ,m.....,,a 1a.,...,- ..n. "..,'..,.y,.0...,.».,,,...ma y„-Metro Supplemental,DOC Tam,, BEDSAUL/VINCENT CONSULTING LLC 825 NE 20T"AVE., SUITE 300 PORTLAND, OR 97232 ' OFFICE(503)230.2119 FAX (503)230.2149 DATE: November 1, 2004 REQUEST: A supplemental to a Type IV Quasi-Judicial Zoning Text Amendment to permit bulk sales in the IP, (Industrial Park District), zone, addressing compliance with Metro code section 3.07.430, pursuant to Metro code section 3.07.820(A) of the Urban Growth Management Functional Plan APPLICANTS: Paul Schatz III, Paul Schatz Furniture 6600 SW Bonita Road Robert Smelts Smetco, Inc. 6830 SW Bonita Road OWNERS: Paul Schatz III, Paul Schatz Furniture 6600 SW Bonita Road Robert Smells Smetco, Inc. 6830 SW Bonita Road LEGAL DESCRIPTION: Tax Lot 300: Bonita Gardens, Lot PT 4 Tax Lot 1100: 2002-020 Partition Plat, Lot 1 Both lots in the SE 1/4 of the NE 1/4 Sec.12, T2S, R1W SIZE: Tax Lot 300: 0.9 Acre, TL 1100: 2.92 Acres. ZONING: I-P-Industrial Park District LOCATION: 6600 and 6830 SW Bonita Road CRITERIA: Metro Urban Growth Management Functional Plan Metro code section 3.07.430 Protection of Industrial Areas A. In Industrial Areas mapped pursuant to Metro Code section 3.07.130 that are not Regionally Significant Industrial Areas, cities and counties shall limit new and expanded retail, commercial uses to those appropriate in type and size to serve the needs of businesses, employees and residents of the Industrial Areas. SchatzlSmetco Zoning Text Amendment Supplemental 1 B. In an Industrial Area, a city or county shall not approve: 1. A commercial retail use with more than 20,000 square feet of retail sales area in a single building or in multiple buildings that are part of the same development project;or 2. Commercial retail uses that would occupy more than ten percent of the net developable portion of the area or any adjacent Industrial Area. C. Notwithstanding subsection B of this section, a city or county may allow the lawful use of any building, structure or land at the time of enactment of an ordinance adopted pursuant to this section to continue and to expand to add up to 20 percent more floor space and 10 percent more land area. (Ordinance No. 97-715B, Sec. 1. Amended by Ordinance No. 02-969B, Sec. 5.) I. INTRODUCTION On 10/29/04, the applicants' representative received a fax from Morgan Tracy; staff planner assigned to Case File # ZOA 2004-00001, which pertains to the above- mentioned case file. The fax contained a 10/27/04 letter from Michael Jordan, Metro's Chief Operating Officer requesting that the City provide analysis to demonstrate that the subject zoning text amendment complies with Metro code section 3.07.430. (Protection of Industrial Areas that are not Regionally Significant Industrial Areas) Planning staff • requested that the applicant provide evidence on this matter so that staff could provide the said analysis requested by Metro. II. Justification for COMPLIANCE with metro code section 3.07.430: The following narrative is intended to demonstrate compliance with Metro code section 3.07.430, pursuant to Metro code section 3.07.820(A) of the Urban Growth Management Functional Plan 3.07.430 Protection of Industrial Areas A. In Industrial Areas mapped pursuant to Metro Code section 3.07.130 that are not Regionally Significant Industrial Areas, cities and counties shall limit new and expanded retail, commercial uses to those appropriate in type and size to serve the needs of businesses, employees and residents of the Industrial Areas. APPLICANTS'COMMENT: The City has already determined that a mix of retail commercial uses is appropriate for the I-P zone. As set forth in Chapter 18.530.010, (Purpose), the I-P zoning district: Schatz/Smetco Zoning Text Amendment Supplemental 2 • Eft, Mor an TraMetro SupplementaLDOC,..�.,_ . . . ... .... "provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise,glare, odors, vibration, are permitted in the I-P zone" By their very nature, retail furniture sales and other bulk sales are appropriate for the I-P because they provide services for those employees and residents of the industrial areas and other nearby occupants. Home Depot is the most obvious example of a retail sales use selling bulky items like refrigerators and lumber materials to homeowners. Home Depot is a 120,000 square foot store located directly south of the subject ownerships at Sequoia Parkway and Cardinal Lane. (See Attachment "A") If Home Depot is appropriate for the I-P zone, then it is clear that permitting other smaller scale bulk sale uses, (such as Paul Schatz Furniture), within the existing I-P zoned business parks will also be appropriate for the I-P zone. The City places limits on the types of industrial uses that can occupy the I-P zone, and by so doing, permits uses that are weighed more heavily towards commercial rather than industrial uses. According to Table 18.530-1, (Industrial Zone Use Table), light industrial, (e.g., small-scale machine shops, computer equipment assembly, sign • making), research and development firms and wholesale sales are the only permitted industrial uses allowed in the I-P zone. Therefore, only three of the nine industrial use categories are allowed in the I-P zone. However, Table 18.530-1, allows a wide mix of commercial uses, including lodging, eating and drinking establishments, outdoor and indoor entertainment, sales oriented uses, personal services, repair shops, vehicle fuel sales, office uses, self service storage and parking lots. Therefore, based on the limited number of truly "light industrial' uses permitted, the I-P zone is in fact more like a "business park"/mixed use" zone. Therefore, although the I-P zone is technically an industrial zone, it acts more like a bridge between commercial and industrial zoning, and thus is not really the industrially oriented zoning that Metro is seeking to protect under these code criterion. The City of Tigard I-L, (light industrial) and I-H, (heavy industrial) zoning designations strictly limit the kinds of commercial uses allowed in the I-P zone, and therefore they protect the types of industrial uses that Metro wants protected. B. In an Industrial Area, a city or county shall not approve: 1. A commercial retail use with more than 20,000 square feet of retail sales area in a single building or in multiple buildings that are part of the same development project;or 2. Commercial retail uses that would occupy more than ten percent of the net developable portion of the area or any adjacent Industrial Area. APPLICANTS'COMMENT: The proposed zoning text amendment will permit bulk sales in the I-P zone, but the request, in and of itself, does not authorize the types of square footage/percentage restrictions stipulated under this criterion. The applicant asserts that the restrictions sought by this criterion are aimed at truly industrial zones, such as the City's I-L and I-H zone. The applicant has already asserted under the response to 3.07.430 (A) that the I- P zone acts more like a commercial zone rather than a truly industrial zone. Schatz/Smetco Zoning Text Amendment Supplemental 3 mammy �+w�s�srmsow.amm:ms+cr .. ,. .. r._u.cx..m,a.,...ar.,v�,.n,......av_ru:.,,..F.,,,,.,,,r.n...,nr ..r... � „.„a.,,w,..w...."..a.•,,. Morgan Tracy-Metro Supplemental.DO a�g 4 • According to Table 18.530.1, seven of the eighteen commercial use categories are permitted in the I-L and I-H zones, and the rest are not permitted, therefore the City goes farther in its protection of industrially zoned land than does this criterion. That is, the City could have allowed more commercial uses in the I-L and I-H zone, by placing restrictions on square footage and percentage of net developable area, but they did not, which demonstrates Tigard's commitment to protect industrially zoned land for industrial uses. In fact, within the I-P zone there are restrictions on square footage and percentage of net developable area occupied by eating and drinking establishments, sales oriented and personal service uses. Although the City-mandated restrictions on square footage and percentage of net developable area not absolutely the same as this criterion, they nonetheless limited the amount of land area that can be occupied by commercial uses in the I-P zone and are therefore in keeping with the intent of this criterion. C. Notwithstanding subsection B of this section, a city or county may allow the lawful use of any building, structure or land at the time of enactment of an ordinance adopted pursuant to this section to continue and to expand to add up to 20 percent more floor space and 10 percent more land area. (Ordinance No. 97-715B, Sec. 1. Amended by Ordinance No. 02-969B, Sec. 5.) APPLICANTS' COMMENT: A review of City of Tigard's Industrial Zoning District standards, (Chapter 18.530), demonstrates that the type of restriction stipulated in this code criterion is already within Tigard's zoning code. Within Table 18.530.1 are uses listed with a "restricted” use category. Footnote#2 in Table 18.530.1 limits uses to 20% of the entire square footage within a development complex. Footnote#2 also limits retail uses to 60,000 square feet of gross leasable area/building or business. Although the City-mandated restrictions on square footage and leasable area not absolutely the same as this criterion, the zoning code nonetheless includes a restricted industrial use category within which limits can be placed on the continued use of industrial uses. IV. CONCLUSION: This supplemental narrative has been submitted at the request of the City of Tigard to address the Metro Urban Growth Management Functional Plan code section 3.07.430. (Protection of Industrial Areas) Evidence has been presented to address all applicable criteria within Metro code sections 3.07.430. 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