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12/17/2012 - Packet _1 . '� E City ofTigard Planning Commission Agenda TIGARD MEETING DATE: December 17, 2012; 7:00 p.m. MEETING LOCATION: City of Tigard—Town Hall 13125 SW Hall Blvd., Tigard, OR 97223 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:0o p.m. 3. COMMUNICATIONS 7:01 p.m. 4. CONSIDER MINUTES 7:03 p.m. 5. PUBLIC HEARING 7:05 p.m. ZONING MAP AMENDMENT (ZON) 2012-00002 PIONEER WATERPROOFING ZONE CHANGE REQUEST: The applicant is requesting approval of a quasi-judicial zoning map amendment on an approximately 1.94 acre parcel fronting 72nd Avenue. The zoning designation would be changed from "I-P: Industrial Park District" to "I-L: Light Industrial District", the existing comprehensive plan designation of"Light Industrial"would remain unchanged. LOCATION: 14830 SW 72nd Avenue; Washington County Tax Map 2s112AD,Tax Lot 700. ZONE: I-P: Industrial Park District. COMPREHENSIVE PLAN DESIGNATION: Light Industrial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, & 18.530 6. BRIEFING: ADOPTION OF 18.605 (PLAN DISTRICTS) & 18.650 (DURHAM FACILITY PLAN DISTRICT) 8:05 p.m. 7. OTHER BUSINESS 8:35 p.m. 8. ADJOURNMENT 8:50 p.m. PLANNING COMMISSION AGENDA— DECEMBER 17, 2012 City of Tigard I 13125 SW Hall Blvd.,Tigard, OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 1 oft • " City of Tigard TIGARD Memorandum To: Tigard Planning Commission From: John Floyd, Associate Planner Re: Durham Advanced Wastewater Treatment Facility Plan District Project Date: December 5, 2012 On December 17 staff will brief the commission on a forthcoming development code amendment package. This amendment package will propose new regulations to govern future development within the regional wastewater treatment plant next to Cook Park and Tigard High School. As a secondary function, the amendment package will also provide some regulatory clarity to how Plan Districts are adopted and where they apply within the City. The goal of this briefing is to prepare the Planning Commission for a January 2013 public hearing. Staff will present pertinent background information and describe the overall goals of the project. To facilitate the briefing, three attachments are included with this memorandum. The first is an aerial photograph labeled with existing land uses and the proposed district boundary. The second is a zoning map that shows how the existing wastewater plant is subject to multiple Comprehensive Plan designations and Zoning Districts. The third is a handout that provides some basic facts about the facility. I!t:�� 1— Existing Land Use - o I „,,c_„,44, " n --, ,,,,----,T1,4,- d ''�' -`---°�- City of Tigard -'' # 7.. m ! J 'rise . 11 ■ Proposed District Boundary Q + t >` EIII Tigard City Boundary _ Single/MulfirFafa ih4. ”, ' 4 0�:q y, Residential y 0 125 0 500 r k 1 i 25Feer . i � Sept.74,?p13 _ R 6 Xi� , r- 4, tioaatsi ■ .SWDURHAMD 71°' �/`t ■ r 'I a� I I Tigard i II • . *.,.: 4 'igh School ., A:y ' D ham, - ■ m Industrik ■ _, .. ■ �e•entary ...Par" I ■ 4 ■ . -s,, ,= Wastewate ° 44 ■ Treatment '' ■ Facility ------,--------_---,-.- ----,-. ■■ � "� #ter- . .,,,,471.1k./...........' `- Sin jk .^ -�,. ,. .� � �� - ` _ , gae�Farnily ■ � , ' :Re Si dentia) '` ■ IL,,, c . '- a ■ I I x I I IDurham - . ' � ' "IP ' ■ 4. r3 Park a,q iir -cook, '■ Park ■ ; II k ■ Sin Ie F f 9 amity. Residential h 30e44' �y$� a - y '4e► .. t l . - ,r ' „ �.� --4#4it ;; �_ f. w#71MImp.i■■■■■■■ --w•------V 111111111111 �C C� roma X1111 - �A ,•I ''1,o ,,�'Fa5 I2 E s J , �/ Existing Zoning 1. I4il L it ma wiX111 = R-4. VI. � _City of Tigard m ma mia - ill . ° ! Proposed District Boundary :P1},`J,,.J a == 121.111.111111111111�. TIGARD I Tigard City Boundary I v _Q S al " =1'1111 Ili / O Zoning Boundary M"I &ilia 1111111 11111 �� Taxlot Boundary 11111611R ( : 111111.1111111111 !!� C ��IIIII� — —11� , �� 1111111111'�'1'lll 115 . 210 . 500 ,:...\ '=—.i 1111'- __aid Feet Sep_4_l2_�I;�,` MI ;. �� A��1C 111111111ni` - SW DURHAM.RD ,1'1''�� I. LI I ■ ii1111 N '- 2 1111et M. R-4.5 iiii a N---„,____ W tNi I CO41 co rm minver _ ....., bingungi o F viii/1 ►■`4' i w 1 R. i 1 ' G AEI I - a 1/I.� R-12 I Am � R-4.5 4 /i= on = 4 .. Zoning Classifications Comprehensive Plan Designations C-C Community Commercial Mixed Use Central Business District NI C-G General Commercial = Community Commercial '. —, C-N Neighborhood Commercial - General Commercial C-P Professional Commercial ii I-H Heavy Industrial = Neighborhood Commercial ',t I-L Light Industrial = Professional Commercial . 1-1. Industrial Park = Heavy Industrial . MU-CBD Mixed Use Central Business District Light Industrial MUC Mixed Use Commercial Low Density Residential MUC-1 Mixed Use Commercial 1 Medium DensityResidential MUE Mixed Use Employment MUE-1 Mixed Use Employment 1 Medium-High Density Residential - MUE-2 Mixed Use Employment 2High Density Residential MUR-1 Mixed Use Residential 1 Mixed Use Commercial ' MUR-2 Mixed Use Residential 2 = Mixed Use Employment R-1 30,000 Sq Ft Min Lot Size Mixed Use Employment 1 R-2 20,000 Sq Ft Min Lot Size R-3.5 10,000 Sq Ft Min Lot Size = Mixed Use Employment 2 I R-4.5 7,500 Sq Ft Min Lot Size Mixed Use Residential 1 R-7 5,000 Sq Ft Min Lot Size = Mixed Use Residential 2 R-12 3,050 Sq Ft Min Lot Size Open Space R-25 1,480 Sq Ft Min Lot Size Public Institution R-40 40 Units Per Acre (PD) Planned Development Overlay I (HD) Historic District Overlay Al 1 1 Iill III CLEANWATER FACTS Durham ata Glance Durham Advanced Wastewater Treatment Facility demands of a growing population. I ,- ' - l�� - . •• The facility centralized a scattered r ' ° 7 _ . . - -` system of 14 inefficient wastewater t��a . 9 _7 ' ,_ r �, „_„ I treatment plants,creating one of the ' �'''''• .. r�..��,,... ..- arr-'"....'..716-"I',""144",'} ll► rmi most efficient and advanced facilities i �txr"►a!r► ! Itl�1+�* in the world. r�rr�r `� r�rW • Provides a higher level of treatment r-r r r rr�r-r-r , (( than 98 percent of the facilities in the nation • Must meet nearly woo strict permit conditions, including monthly, weekly and daily limits established 'C-- . \ ' - . to protect the Tualatin River T- 1 O. • Serves a population of approxi- mately 210,000 and growing Durham Advanced Wastewater as soil amendments at local sites and • Cleans an average of 26 million Treatment Facility is a nationally throughout the state. gallons of wastewater per day acclaimed,state-of-the-art facility,sew- The Durham Facility provides ing Washington County residents in advanced wastewater treatment,also • Recycles more than 5o million the cities of Beaverton, Durham, King known as tertiary treatment,exceeding gallons a year of cleaned wastewater City, Sherwood,Tigard,and Tualatin, the treatment level of 98 percent of for local irrigation and small portions of southwest Port- wastewater facilities in the United land and Lake Oswego. States. In 2009,the first commercial • Recycles more than 4 dry tons of The facility,located in Tigard near nutrient recovery facility in the nation biosolids daily for use as a soil Cook Park and Tigard High School, was built at Durham through a amendment cleans an average of 26 million gallons partnership with Ostara Nutrient • Produces up to 500 tons of Crystal of wastewater per day to among the Recovery Technologies in Canada. Green®a commercial,high value highest safety and quality standards The facility captures 8o% of the phos- fertilizer in the nation.Through innovative, phorus from the wastewater stream advanced technology and processes, and converts it into a premium,slow • Generates more than 4 million wastewater collected from homes and release fertilizer used on turfs and kilowatts-hours of power per year industry is cleaned and returned to nurseries throughout the northwest by reuse of methane gas, a treat Washington County's only river-the and elsewhere. ment byproduct(enough to power Tualatin,actually enhancing the health The Durham Advanced Wastewater 330 homes per year) of the river. Cleaned wastewater is also Treatment Facility began operations used for local irrigation,and natural in 1976 to reverse decades of severe byproducts of the treatment process are water pollution in the Tualatin River converted to electricity,heat,and used and its tributaries, and to meet the 16580 SW 85th Avenue Tigard, Oregon 97224 r \ (503) 547-8150 cleanwaterservices.org C1eanWateServices CLEAN WATER FACTS Durham at a Glance Durham Facility: Proposed site development Award-winning Facility Since opening in 1976, Clean Water Services Durham Facility has been • 2009-U.S. Green Building under nearly continual expansion and upgrades to keep pace with the com Council Leadership in Energy and munity's growth, meet increasingly stringent state and federal pollution control Environmental Design (LEED) standards and to ensure adequate and reliable infrastructure to support our re Silver certification for new Influent gion's economic development. Clean Water Services is committed to working with our neighbors,host community and the region to ensure future expansions Pump Station and upgrades continue to deliver value for the river and our ratepayers. • 2006—PNCWA/Oregon Clean Water Services has carefully evaluated the intermediate and long- Outstanding Reuse Customer term infrastructure needs of the basin to ensure future investments meet the Award. needs of the growing community and the river. CWS'proposed 2025 and build-out improvements are fully contained within the existing property foot- • 2005- U.S. EPA National Clean print while expanding screening, buffers and retaining the park-like Water Act Recognition Award for entrance along Durham Road. Proposed improvements include: the best operated and maintained Intermediate Term (2025) large, advanced treatment facility in the nation. • Upgrade solids handling facilities • Install 400 kW solar array, • 2004—U.S. EPA Lower Columbia Section Plant of the Year Award. • Upgrade odor control facilities • National Association of Clean • Construct new 1.7 mW cogeneration and grease handling facilities Water Agencies (NACWA) Gold • Construct improvements to Headworks structure Award for i00%permit compliance 8 times since 1995 • Construct new tertiary treatment clarifier and upgrade of existing facilities • Replace Treatment Plant Services Building \\ • Expansion of digestion facilities Long Term (2025 to build out) • Upgrade and expansion of treatment works including construction of ;I. additional primary, secondary, and tertiary clarifiers; aeration basins; and digester • Expansion of Headworks facility and Primary Effluent Pump Station , : • Construct new O&M Building at location of new Treatment Plant Services �r,. Building ''. _lime • Construct secondary treatment expansion to accommodate anticipated new 11 plant discharge requirements (regulation changes) • Construct solids handling expansion to accommodate evolving regulatory requirement 16580 SW 85th Avenue Tigard, Oregon 97224 \� (503) 547-8150 C1eanWateServices cleanwaterservices.org May 2012 CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done ■. TIGARD PIONEER WATERPROOFING ZONE CHANGE Z0N2012-00002 John Floyd, Associate Planner December 17, 2012 CITY OF TIGARD QUASI-JUDICIAL ZONING MAP AMENDMENT PROPOSAL SUMMARY 1 1.94 Acres from "I-P: Industrial Park" to "I-L: Light Industrial" / No change in Comp Plan Designation ( Light Industrial) Planning Commission is Decision Making Body Pioneer Waterproofing needs zone change to occupy structure ck\ \* N iiir !IfJ mmili0 LIre 1111 II LuII y votleii /1 i 111111 )------ (___4_ /� v., , Ramo Creek 1 nPark z \ 4 F ! , . 61111 s‘ : H �' DS Bg0 r- S n r -MCDONAL DaS,T I o kRUSE=WAY Mil 0 G 1 I p i MEADOWS l� 4_ , a 1 a g fj U r 1 BONaA=RD= 01711:30:\ ''''''''''''' ii,,,,ii: jLxf \ IuIII JQ� e<' L _ ti • ,,___________„:„, pa iiiiz, -- III I 0 aTigttrd HS i,aaa 2.13.. 1 1 ' 1 U.' ''' ...... r . ..„ :'•-.-...-'-- 'f' ' ) 511 liV IV-' _ 4 i J -1,-:. .. •,Hili •L — j 675 :" I,' ,.. • - . _ ,. . ......, 4 : I ' '.. •-i2.11' - - _ ...4,!•,,••,:::- . ., 0 - ., ... 1 , • . 1 .._ .. ,,. , 14555 ,". . 6.610 - -6650 • ._7 1 ' . . . .._ 111.1,Va.'..- t . 'Im..-i•ilirrt.,-k- Imor,_. -- --- 0,9117 2-74r1 31/1" '-N 1;- •-., I 1 ',--.: 1 , I 1 sr'''''-' .--',.,;,itii! . 1. sti:'''':: it. q •.- ' -,-.- '•-;.; '4'i-.'; '•-• • -. ,, 11 IN kr ''... . -147 ' Is 1..1 ...--''2 - _ . '111 w. ' ', " 1 ,... i7i. ..,,, .:... ., . 1 146 _- -•--''''" —. .....I , . ::-.„•... _ ..i" m.., ... .ii •. _ - 14795 4800 - _ _ ,u ' _ __•.:._. • 14830 - .:.' ' - - • ._kh. '.. A-, 44,1 I -.". ..- ,.. • ,,,.-- .-.. - . , I 44 Utti . . -A-. . .' 7,-- '',•::.... .:-.' '..,-,,,.7-7 .-- .2.m. mg.''' . - • ,. • I I ' I 11 11 . -'' ," " i _ ! . I, ' ,J' ' . - ; : 4..'..i..0 ; a:- .-..:: s. 14865 ... • . _ 4,... I.,. 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I - 1 ::At.,' 11 If' . •' ,. 15055. - ,.. ” a i/ / Zoning Map "AIIISubject Site Zoning Classifications R-1 30,000 Sq Ft Min Lot Size I R-2 20,000 Sq Ft Min Lot Size R-3.5 10,000 Sq Ft Min Lot Size R-4.5 7,500 Sq Ft Min Lot Size 1 R-7 5,000 Sq Ft Min Lot Size I R-12 3,050 Sq Ft Min Lot Size 01111 ,'' R-25 1,480 Sq Ft Min Lot Size R-40 40 Units Per Acre MUR-1 Mixed Use Residential 1 I 1 ›- MUR-2 Mixed Use Residential 2 MU-CBD Mixed Use Central Bus Dist `.� I C-C Community Commercial Q' 'C-G General Commercial W_ Q C-N Neighborhood Commercial Q 0 MIC-P Professional Commercial rC 0 _ MUC Mixed Use Commercial 2 ;�� .;.� .;. ,,.l,�i 4r•—•�W�irgriPAPAPev•i�+4, W _ MUC-1 Mixed Use Commercial 1 r- ♦r••••••••••••••••••••••••••♦ I MUE Mixed Use Empoloyment 1••••••••••••••••••••••••••••• *••••••••••••••••••••••••••••• MUE-1 Mixed Use Employment I ►1i�iVi+11 i•i•i•i•i'i•i••i•i•i• ' •••••••••. ••• ' ►;i��iOO��"A��0 ��'*�i�i*i�i�i�i�i4 MUE-2 Mixed Use Employment 2 1,•••••••••••••••••••••••••••••••4 ,••�•••••j•�••j•j•••j•••••j•*�j�j*j�j�j�j��'�j�Qj•�jrj•j•j4 I I-L Light Industrial ...............♦....i.....♦.4 ®I-P Industrial Park 1•.1IA....••t�tg❖Dg�tgII .•,4.4'D,�D•IIPAM•�Ag❖.., 1 •..11a�A�41A. .. .a+�IIA0�WA _ I-H Heavy Industrial 1 ®Washington County i Overlay Zones • Historic District Overlay [,,I Planned Development Overlay Map Printed-12.NDv-12 i. INF ORMATION ON NE MAP IS FOR GENERAL LOCATION li iV LY AND SHOULD RE VERIFIED WITH THE DEVELOPMENT SERVICES DIVISION. t DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITU OF 110ARD 'l MAKES NOT WARRANTY,REPRESENTATION,OR GUARANTEE AO TD THE y- CUSAENT ACCURACY.TIMELINESS OM SSI COMPLETENESSS.ORINACCURACIES ANY NF TEE DAT0.PROVIDED HEREIN.THE CITY OFTIGA RD SHALL A SSUME NO LIBRBI EO FORANY ERRORS.OMISSIONS.AEHOW CHUF€N THE INFORMATION PROYIp En REGARpLESS.„T F MGW GPNSFP. \\\\:\e\c COMMUNITY DEVELOPMENT DEPARTMENT CARDINAL LN "A Place to Call Horne" T Feet ?I6 � 1312 SW'hoard Blvd 1 Tigard,OR 97223 ■ �` 'I 25 2J� 111 I 5036 639-4171 I l' WWW.figa9d-Dr,gDV TIGARD CITY OF TIGARD Location 14830 SW 72nd Avenue (formerly United Pipe & Supply) Presently Vacant 1.94 Acres with 21,000 foot Office/Warehouse and extensive asphalt for outside storage Developed as a sheet metal business in 1976 United Pipe & Supply (Wholesale Sales) last occupant at least as far back as 1993 (probably longer) CITY OF TIGARD Zoning History ► 1970s: Zoned M-3 Industrial ► 1983 : Zoned Light Industrial ► 1993 : Rezoned to Industrial Park ► 1998: Development Code Reorganized & Rewritten CITY OF TIGARD Zone Change Approval Criteria Tigard Development Code 18.380.030.6 1. Demonstration of Compliance with all applicable Comprehensive Plan Policies and Map Designations 2. Demonstration of Compliance with all applicable code standards. 3. Evidence of change in the neighborhood/community or mistake/inconsistency in the comprehensive plan or zoning map. CITY OF TIGARD Evidence of Change in Neighborhood or Community / City records indicate a stability of land use types within the neighborhood before and after 1998. / Project site, vicinity, and applicant better match Light Industrial District. / Staff did not find evidence of change in the neighborhood or community. CITY OF TIGARD Evidence of Mistake or Inconsistency in the Zoning Map ► Pre-1998 "Construction Sales and Service" allowed in both "I-P" and "I-L" zoning districts. ► Post-1998 land uses providing construction goods and services are removed or restricted within I-P Zone. ► Zoning Map not adjusted to correct for text changes. ► City's failure to adjust the zoning map in 1998 is evidence of a mistake or inconsistency in zoning map. CITY OF TIGARD Staff Analysis & Recommendation / Change in allowed land uses likely to result in reduced vehicle trips. ► Proposed zone appears to meet approval criteria. / No written testimony opposing project / Staff recommends approval of the zone change, subject to the evidence and findings of fact presented in the staff report. Agenda Item#:_5_ Page of_ Date of Hearing: 12/17/2012 Case Number: ZON2012-00002 a Case Name: PIONEER WATERPROOFING ZONE CHG TIGARD Location: 14830 SW 72nd Avenue Tigard Planning Commission If you would like to provide comment at this session -PLEASE SIGN IN HERE Please CLEARLY print your information below and check the appropriate box to indicate your position on the issue: Name: M 1 Lz Oa.VV '1� � ck . jLfAA,t\IV% \ For Address: I OD D V\i`k I '" ❑ Against City,State,Zip: 7 &'41 (91172/ ❑ Neither For or Against Name: ❑ For Address: ❑ Against City, State,Zip: ❑ Neither For or Against Name: ❑ For Address: ❑ Against City, State, Zip: ❑ Neither For or Against Name: ❑ For Address: ❑ Against City, State, Zip: ❑ Neither For or Against Name: ❑ For Address: fl Against City, State, Zip: 0 Neither For or Against 111 q City ofTigard PLEASE PLACE UNDER CITY OF TIGARD LOGO IN THE LEGALS TIGARD SECTION OF THE TIGARD TIMES, THE FOLLOWING: PUBLIC HEARING ITEM: The following will be considered by the Tigard Planning Commission on Monday December 17, 2012 at 7:00 PM at the Town Hall,13125 SW Hall Blvd.,Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the Tigard Municipal Code and the rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue. Failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. Further information may be obtained from the Planning Division (staff contact: John Floyd, Associate Planner) at 13125 SW Hall Blvd.,Tigard, Oregon 97223,by calling 503-718-2429,or by e-mail to johnfl@tigard-or.gov. ZONING MAP AMENDMENT (ZON) 2012-00002 PIONEER WATERPROOFING ZONE CHANGE REQUEST: The applicant is requesting approval of a quasi-judicial zoning map amendment on an approximately 1.94 acre parcel fronting 72nd Avenue. The zoning designation would be changed from "I-P: Industrial Park District" to "I-L: Light Industrial District", the existing comprehensive plan designation of"Light Industrial"would remain unchanged. LOCATION: 14830 SW 72' Avenue; Washington County Tax Map 2s112AD, Tax Lot 700. ZONE: I-P: Industrial Park District. COMPREHENSIVE PLAN DESIGNATION: Light Industrial. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390,& 18.530 TT PUBLISH DATE: December 6,2012 (PLEASE PUBLISH THE VICINITY MAP INCLUDED WITH THIS EMAIL WITH THIS LEGAL NOTICE. THANK YOU.) Area Notified(500 Ft) ZON2C12-00002 Pioneer Waterproofing Zone Change iala!•aaa•aa• 4O••!•aaa!•a•a•!a!H••i•:•a•a ��•iailiO4a40i01i40aiai060S�i•iiiiiiii aa•4•a a�✓aa0••*a•a!•••i a=4a+.:e... •f:44 •4+aa!••• +:• a•i••a• •!•• • ••:+:+ata•••Maar+1 ••! C '4L41•••••{•••••••!••••U•:!•••••!••!••••f•••!•1*•••• 2 Li' 0 z Prapdry mwner Inrormauai is walm \ \ for 3 monlM1s from I�tlale primed on tMe rrap. L L— ,- CARDINAL LN / ipv anraea:ts.uw sem..uN+r CONN LOPMENT DEPARTMEN7 -4.\ ,„ „.. r�A�Mgps bf.“1711 .rxwlpartl el gw Agenda Item: 5 Hearing Date:Dec.17,2012 Time: 7:00 PM STAFF REPORT TO THE •r PLANNING COMMISSION = FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = 3/3/2012 SECTION I. APPLICATION SUMMARY FILE NO.: Zone Change (ZON) ZON2012-00002 FILE NAME: PIONEER WATERPROOFING ZONE CHANGE PROPOSAL: The applicant is requesting approval of a quasi-judicial zoning map amendment on an approximately 1.94 acre parcel fronting 72nd Avenue. The zoning designation would be changed from "I- P: Industrial Park District" to "I-L: Light Industrial District", the existing comprehensive plan designation of"Light Industrial" would remain unchanged. The applicant envisions developing the property with an industrial services use (Pioneer Waterproofing),which is not permitted in the Industrial Park zone. APPLICANT: Mike Crawford OWNERS: United Pipe& Supply Co. Pioneer Waterproofing Acting through Myers & Co. 1800 SE Water Ave. Consultants LLC Portland, OR 97214 17523 Spyglass Circle Dallas,TX 75287 LOCATION: 14830 SW 72nd Avenue;Washington County Tax Map 2S112AD,Tax Lot 700 COMP. PLAN DESIGNATION: Light Industrial. These areas are deemed appropriate for industrial activities which include manufacturing, processing, assembling, packaging, or treatment of products from previously prepared materials and which are devoid of nuisance factors that would adversely affect other properties. The designation includes the I-L and I-P Zones. CURRENT 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. Among other uses,indoor entertainment is allowed. PROPOSED ZONE: I-L: Light Industrial District. The I-L zoning district provides appropriate locations for general industrial uses including industrial service, manufacturing and production, research and development, warehousing and freight movement, and wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380.030.B, 18.530.020— 18.530.050; Comprehensive Plan Policies 1.2,2.1.2,2.1.3,2.1.7,2.1.8,2.1.15, 9.1.3,& 12.1.10. STAFF REPORT TO THE PLANNING COMMISSION DEEMBER 17,2012 PUBLIC HEARING ZON2012-00002/PIONEER WA 1'LRPROOFING ZONE CHANGE PAGE 1 OF 8 SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission Approve the requested Zone Change. SECTION III. BACKGROUND INFORMATION Site Description The subject property is located at 14830 SW 72nd Avenue and measures approximately 1.94 acres in size. The property fronts 72nd Avenue along the western property boundary through an existing circular driveway with two driveway entrance/exits. While proximate to Sequoia Parkway to the east, access to Sequoia Parkway is prohibited by a 7.5 foot wide strip of landscaping controlled by PacTrust. Standing on the subject property is a 21,000 square foot structure,located in the approximate center of the property. The structure functions as two separate but attached spaces, consisting of a 4,000 square foot office building and a 17,000 square foot warehouse. The remainder of the property is predominantly asphalt or pervious surfacing, with a landscaped area abutting 72nd Avenue. Substantial landscaping screens views of this property from the east and south. The nearest inventoried natural resources are approximately 400 feet to the northwest,in and around Ball Creek. The subject property is now vacant due to closure of its previous occupant, United Pipe and Supply. Prior to its closure, United Pipe and Supply operated a Wholesale Sales type land use at this location at least as far back as 1993, with land use records suggesting an earlier establishment date for the business. Aerial photographs and land use records suggest this property contained a single-family home and agricultural land uses prior to development of the current structure in 1976 for a sheet metal business (see Conditional Use Permit CU24-75). Land use records are unclear as to when the building was converted to a wholesale sales business under United Pipe& Supply. Zoning History In the late 1970's the subject property was zoned M-3 (Industrial). In 1983 the M-3 zone was replaced by the I-P (Industrial Park) and I-L (Light Industrial) zones, with the subject property being designated I-L. In 1993 this property and two others were rezoned from I-L (Light Industrial to I-P (Industrial Park) under ZON93-0003. The Comprehensive Plan Map designation of Light Industrial has remained unchanged since 1983. See Attachments 1 and 2 for existing Comprehensive Plan and Zoning Designations within the vicinity of the subject property. Vicinity Information The site is located within a large industrial/commercial area bounded by I-5 to the east,Bridgeport Village to the South, railroad tracks to the West, and the Tigard Triangle north. Properties to the north, east and south are zoned Industrial Park. Properties to the west and southwest are zoned light industrial. Adjoining businesses to the north and south include Penske Truck Rental and an office building. To the east across Sequoia Parkway is Home Depot. To the west across 72nd is a mixture of industrial and office type land uses. Proposal Description The applicant is requesting approval of a quasi-judicial zoning map amendment on an approximately 1.94 acre parcel fronting 72nd Avenue. The zoning designation would be changed from "I-P: Industrial Park District" to "I-L: Light Industrial District", the existing comprehensive plan designation of"Light Industrial" would remain unchanged. The applicant envisions developing the property with an industrial services use (Pioneer Waterproofing), which is not permitted in the Industrial Park zone. Should the Planning Commission approve the zone change, the applicant anticipates development of the property in two phases. The first would consist of a tenant improvement to the existing office space with accompanying upgrades of exterior windows and doors. This would be processed as a Minor Modification to Existing Development and would allow quick STAFF REPORT TO THE PLANNING COMMISSION DEEMBER 17,2012 PUBLIC HEARING ZON2012-00002/PIONEER WA 1'LRPROOFING ZONE CHANGE PAGE 2 OF 8 occupancy by the applicant. The second phase would consist of substantial changes to the driveway entrances, exterior parking, and other exterior improvements. These would be processed as a Major Modification to Existing Development,processed in a manner identical to Site Development Review. SECTION IV. _ APPLICABLE REVIEW CRITERIA AND FINDINGS Tigard Development Code Chapter 18.380.020 Section 18.380.030.A.1 states that the Commission shall decide zone change applications which do not involve comprehensive plan map amendments. The Tigard Comprehensive Plan Map assigns the subject property a designation of Light Industrial. As defined in the Comprehensive Plan Map Legend contained in the Comprehensive Plan Glossary, the Light Industrial designation is implemented through both the I-L and I-P zoning districts. As a result, a comprehensive plan map amendment is not required. Finding: Based on the analysis above, staff finds the Tigard Planning Commission as the decision making authority for this application. Section 18.380.030.B states that 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: Section 18.380.030.B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations. The Comprehensive Plan treats the I-L and I-P zoning districts, which together comprise the Light Industrial Comprehensive Plan Designation, interchangeably. The applicable Comprehensive Plan Polices are as follows: Policy 1.2: The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Public involvement and notice requirements for quasi-judicial zone changes are set forth in application form requirements set forth by the Director, and section 18.390.050.0 the Tigard Community Development Code. Pursuant to application form requirements, the applicant noticed and held a neighborhood meeting on October 4, 2012 at the subject property site. Pursuant to noticing requirements set forth in 18.390.050 of the development code, the public was made aware of the project and instructed on how they may participate through direct mailing of public hearing notices to all property owners within 500 feet, the posting of an on-site notice visible from 72nd Avenue, and the publishing of a notice in the Tigard Times. The rule for public participation at a public hearing is set forth in 18.390.050.D which the Planning Commission must follow when making a decision. This policy is satisfied. Policy 2.1.2: The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. The requested zone change from Industrial Park to Light Industrial is consistent with the assigned Comprehensive Plan Map designation of Light Industrial. The effects of this change will not negatively impact the city's transportation system or other public facilities, economic development goals, or other goals of the comprehensive plan. This policy is satisfied. STAFF REPORT TO THE PLANNING COMMISSION DEEMBER 17,2012 PUBLIC HEARING ZON2012-00002/PIONEER WA 1'LRPROOFING ZONE CHANGE PAGE 3 OF 8 Policy 2.1.3: The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. As required by 18.390.050.C.1.a(3) of the Tigard Community Development Code, and discussed in Section V below, notice of the proposed zone change was sent to affected government agencies. This policy is satisfied. Policy 2.1.7: The City's regulatory land use maps and development code shall implement the comprehensive plan by providing for needed urban land uses including: A. Residential; B. Commercial and office employment including business parks; C. Mixed Use; D. Industrial; E. Overlay districts where natural resource protections or special planning and regulatory tools are warranted; and F. Public Services. The proposed zone change will not affect the overall mixture of land uses set forth in categories A through F above. Permitted land uses under the current and proposed zoning will remain industrial in character. This policy is satisfied. Policy 2.1.8: The City shall require that appropriate public facilities are made available, or committed, prior to development approval and are constructed prior to, or concurrently with, development occupancy. The subject property has vehicular access onto 72nd Avenue, designated as an Arterial on the City's Transportation System Plan and presently configured with two travel lanes, a turn lane, and sidewalks. The property is also connected to sewer, potable water, electricity and telecommunications infrastructure. As discussed in Section V below, City of Tigard Public Works staff reviewed the proposal and do not expect an increased demand for street or utility infrastructure to result from a zone change. If a specific development proposal under the proposed zoning were found to impact public facilities, they would be required to be installed prior to or concurrent with development occupancy. This policy is satisfied. Policy 2.1.15: In addition to other Comprehensive Plan goals and policies deemed applicable, amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following specific criteria: A. Transportation and other public facilities and services shall be available, or committed to be made available, and of sufficient capacity to serve the land uses allowed by the proposed map designation; B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; The property has existing access onto a designated arterial within the City. Under Section 9 of OAR 660- 012-0060, a local government may find an amendment to a zoning map does not significantly affect an existing transportation facility if all of the following requirements are met: (a) The proposed zoning is consistent with the existing comprehensive plan map designation and the amendment does not change the comprehensive plan map; (b) The local government has an acknowledged TSP and the proposed zoning is consistent with the TSP; and (c) The area subject to the zoning map amendment was not exempted from this rule at the time of an urban growth boundary amendment as permitted in OAR 660-024-0020(1)(d), or the area was exempted from this rule but the local government has a subsequently acknowledged TSP amendment that accounted for urbanization of the area. STAFF REPORT TO THE PLANNING COMMISSION DEEMBER 17,2012 PUBLIC HEARING ZON2012-00002/PIONEER WA 1'LRPROOFING ZONE CHANGE PAGE 4 OF 8 As the proposed zone change is consistent with the existing comprehensive plan designation, the proposed zone change is consistent with the TSP, and the area was not exempted from this rule, no further analysis of transportation impacts is required to satisfy the transportation planning rule. Notwithstanding this determination, both planning staff and public works staff have reviewed the application for impacts to transportation facilities and other public services. The property is presently served by all necessary public services including water, wastewater, telecommunications, emergency response, garbage, and transportation. In a memo dated November 1, 2012 Public Works staff stated the project was not expected to result in an increased demand on utilities or the transportation network. Planning staff also reviewed the project's potential traffic impacts, and found the range of uses allowed under the new zoning would likely generate fewer trips during the PM Peak Hour of traffic (see Attachment 3). Sections A and B of this policy are satisfied. C. The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services, employment, housing, public and community services, etc. in the particular location, versus other appropriately designated and developable properties; D. Demonstration that there is an inadequate amount of developable, appropriately designated,land for the land uses that would be allowed by the new designation; E. Demonstration that land uses allowed in the proposed designation would be compatible, or capable of being made compatible,with environmental conditions and surrounding land uses; and The proposed project does not affect the proposed Comprehensive Plan land use designation of Light Industrial, as such the existing community need for land areas deemed appropriate for industrial activities shall remain unchanged. As the affected property is entirely surrounded by lands zoned for industrial activities, any future development on the property will be compatible or can be made compatible with surrounding land uses. Only the mixture of specific land uses is being affected. This change is requested in order to respond to market forces. More specifically, planning staff has observed an increase in the number of businesses looking to open contracting businesses and similar uses that require extensive, non-office space to stage materials and perform repair or manufacturing services for off-site customers. As these types of activities are no longer allowed within the I-P zone due to a 1998 rewrite of the development code, contractors and other industrial service providers are having difficulty finding appropriately zoned properties to conduct their businesses. This need is reflected in Pioneer Waterproofmg's application to rezone the subject property, and a forthcoming development code amendment that will be presented to the Planning Commission and Council in early 2013 (see DCA2012-00003 -MASCO Development Code Amendment). This pending development code amendment will propose the allowance of industrial services within the Industrial Park zoning district in order to provide more land for this type of use. Sections C through E of this policy are satisfied. F. Demonstration that the amendment does not detract from the viability of the City's natural systems. The nearest inventoried natural resource for this property is located approximately 400 feet northwest of the subject property. Future development will be required to provide landscaping and trees consistent with landscaping and urban forestry standards. Any downstream impact from surface water runoff will be avoided or mitigated by compliance with Clean Water Services regulations in force at the time of future development. Section F of this policy is satisfied. STAFF REPORT TO THE PLANNING COMMISSION DEEMBER 17,2012 PUBLIC HEARING ZON2012-00002/PIONEER WA 1'LRPROOFING ZONE CHANGE PAGE 5 OF 8 Policy 9.1.3: The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. The Comprehensive Plan Map Legend indicates that the Light Industrial comprehensive plan designation may be implemented through one of two zoning districts, in order to provide on-the-ground flexibility for implementation. This application is proposing to use this flexibility in implementation to allow the reuse of an existing,vacant building for a new business. This policy is satisfied. Policy 12.1.10: The City shall require all development to meet adopted transportation standards or provide appropriate mitigation measures. As discussed in the responses to Policies 2.1.8 and 2.1.15 above and agency responses in Section V below, the application meets or is expected to meet all adopted transportation standards. This policy is satisfied. FINDING: Based on the analysis above, the applicable Comprehensive Plan policies outlined above have been adequately addressed. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance. FINDING: The proposed zone change does not include a specific development proposal at this time. However, during Site Development Review, any new development will be required to meet all of the current Tigard Development Code standards of the I-L zone. This standard is met. 18.380.030.B.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. In the late 1970's the subject property was zoned M-3 (Industrial). In 1983 the City's first state acknowledged Comprehensive Plan assigned this area a designation of Light Industrial, which remains unchanged to this day. Concurrent with the new designation was replacement of the M-3 zone with the I- P (Industrial Park) and I-L (Light industrial) zones,with the subject property receiving a designation of I-L under City Ordinance No. 83-24. In 1993 this property and two others were voluntarily rezoned from I-L to I-P under ZON93-0003. This zone change was requested in order to facilitate development on the western side of 72nd Avenue. At that time the land use category of Construction Sales and Services was allowed in both the I-L and I-P zoning districts. This category allowed "establishments or places of business primarily engaged in construction activities and incidental storage on lots other than construction sites, as well as the retail or wholesale sale from the premises of materials used in the construction of buildings or other structures." Given the development code language in place at that time, the 1993 zone change had a neutral affect upon the wholesale sales business then in operation on the subject property. In 1998 the City significantly reformatted and rewrote the development code under Ordinance No. 98-19. One significant change was replacement of the land use category Construction Sales and Services with three new land use categories of Wholesale Sales, Industrial Services, and Outdoor Sales. All three of these land use classifications were then assigned only to the Light Industrial zoning district, and either prohibited or significantly restricted in the Industrial Park District. STAFF REPORT TO THE PLANNING COMMISSION DEEMBER 17,2012 PUBLIC HEARING ZON2012-00002/PIONEER WA 1'LRPROOFING ZONE CHANGE PAGE 6 OF 8 Research of the 1998 amendment did not reveal any corresponding Zoning Map amendments to adjust for the change of allowed uses within the I-P zoning district. This lack of adjustment to the Zoning Map created a number of nonconforming properties and corresponding confusion by both tenants and landlords trying to establishing a contracting business or similar Industrial Services type use. This confusion has been evidenced in the experience of planning staff when fielding development applications, general inquiries, or taking part in enforcement actions. The City has also received a pending Development Code Amendment (DCA2012-00004) to allow industrial services within the I-P zoning district in order to correct this persistent issue. The effect of Ordinance No. 98-19 on the subject property was to render the existing use nonconforming (Wholesale Sales, Outdoor Sales), and prohibit establishment of the land use desired by the applicant (Industrial Services). The applicant has presented evidence that a zoning map designation of I-P is a mistake, and a designation of I-L is more appropriate given the history and character of the property and neighborhood. Historical aerial photographs taken between 1986 and 2012 show minor changes in development and land use patterns within the area. From 1986 onward all properties to the west and north of the subject property have maintained a similar level of building density, industrial building type, and utilization of exterior equipment storage to that of the subject property. Between 1986 and 1996 there was development to the east and south of the subject property. This development is characterized as big-box commercial or office park style development. Dense vegetation screens these uses from the subject property. Overall, little change has been observed in this area since 1996 suggesting a very stable pattern of activity and development. The applicant states that a change in zoning designation from I-P to I-L will make the Zoning Map consistent with current and historical land use patterns in a developmentally stable part of the City. This present lack of consistency results from the absence of changes to the zoning map in 1998,whereupon the effect of the development code overhaul was not corrected for individual properties. The change in zoning designation will correct the mistake, and make the zoning map more consistent with present market demand for industrial service type land uses, something the present zoning of I-P prevents. FINDING: Staff reviewed the history of the subject property and land use regulations, and found evidence of a mistake in the zoning map as it relates to this property. This mistake is due to a change to the development code in 1998, and how the map is implemented. The application will remove the inconsistency. This standard is met. SECTION V. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS City of Tigard Public Works Department reviewed the proposal and had no concerns. In a memo dated November 1, 2012 they stated the project was not expected to result in an increased demand on utilities or the transportation network. Consequently a demand for increased street or utility capacity was not expected. Tualatin Valley Fire and Rescue reviewed the proposal and had no concerns. METRO, Clean Water Services, ODOT and Tri-Met were notified of the proposed amendment and did not respond. STAFF REPORT TO THE PLANNING COMMISSION DEEMBER 17,2012 PUBLIC HEARING ZON2012-00002/PIONEER WA 1'LRPROOFING ZONE CHANGE PAGE 7 OF 8 SECTION VI. STAFF ANALYSIS AND CONCLUSION Based on the information above, the proposed zone change complies with the applicable Comprehensive Plan policies and requirements of the Tigard Community Development Code. Staff finds the proposed zone change from I-P to I-L does not reduce industrially zoned lands in the City of Tigard or significantly reduce the types of activities that would be allowed on the subject property. The I-L zoning district does allow a broader range of uses that will expand the range of possible tenants for the property in the future. Staff recommends the Plannin: .mmission approve the requested zone change. #42-6(.(44_ 7o I WJ 2,00r c1"1 D BY: John Floyd DA I r, Associate Planner Attachments: Existing Zoning Map Designations Existing Comprehensive Plan Map Designations Trip Generation Comparison Zone Change Application Materials STAFF REPORT TO THE PLANNING COMMISSION DEEMBER 17,2012 PUBLIC HEARING ZON2012-00002/PIONEER WATERPROOFING ZONE CHANGE PAGE 8 OF 8 z VICINITY MAP ZON2012-00002 • PIONEER WATERPROOFING ZONE CHANGE ZONING DESIGNATIONS WITHIN PROJECT VICINITY BONITA RD o II / Subject Site I 0 I , .i 111 It.: J till ij< ',_„...i . I i ill /1 - _.: *ill mr..99'41*\ .... 211 r-- .a. R9,....i _. 1 ,r 7, .__:., I lis <� .. :� 3: 1111 - I <%, Information on this map is for general location I only and should be verified with the Development Services Division. _yl Approx.Scale 1:4,000-1 in=333 ft CARDINAL 1j y�,1'.�'J.�� rrll,, y. /� I Map printed at 09:48 AM on 03-Dec-12 C A R D I N A L LN DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS,OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. • ' -- ---- i� City of Tigard 13125 SW Hall Blvd Mili = 0 Feet 50 rIGaR�.RAAAPs Tigard,OR 97223 �' - _s "l 03w.6ig 9-4171 rd-or. www.tigard-or.gov VICINITY MAP IIS. _ ZON2012-00002 I PIONEER WATERPROOFING ZONE CHANGE COMPREHENSIVE PLAN DESIGNATIONS WITHIN PROJECT VICINITY P Li. 6 I F,,i i IA ,; n Subject Site 077.7-51 M 1 <11 0111 PIP r +>- `I "9 91111 . --C I Ill IIP:11640 z 5i 'a CSS . ��- .1 IL R � g' . #n i4,40,41:1„„sir I Q Information on this map is for general location only and should be verified with the Development Services Division. Approx.Scale 1:4,000-1 in=333 ft N. Map printed at 09:46 AM on 03-Dec-12 'CARDINAL I /�, y DATA IS DERIVED FROM MULTIPLE SOURCES.THE CITY OF TIGARD 1'1 LJ d�4 L MAKES NO WARRANTY.REPRESENTATION OR GUARANTEE AS TO THE CONTENT,ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE DATA PROVIDED HEREIN.THE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY ERRORS,OMISSIONS.OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED. -11 - r City of Tigard n 13125 SW Hall Blvd F eet c r]GAin APS Tigard,OR 97223 III 0 50 0 `- 503 639-4171 , www.tigard-or.gov TIGARD i • PIONEER WATERPROOFING ZONE CHANGE:TRIP GENERATION COMPARISON LAND USES AFFECTED BY ZONE CHANGE WEEKDAY PM PEAK HOUR TRIPS(per POTENTIAL TRIP GENERATION USING ITE CODE NOTES 1,000 sq.ft.) EXISTING SQ.FT. NO LONGER ALLOWED IN PROPOSED ZONE Commercial Lodging 0.57 per room 312-Business Hotel Limited to 20%of gross Eating and Drinking Establishments 25.81 109 936-Coffee/Donut Shop square footage per code Outdoor Entertainment 0.89 per acre/3.67 per court 490-Tennis Courts Indoor Entertainment 5.84 123 493-Athletic Club Limited to 20%of gross Sales-Oriented 53.42 225 851-Convenience Market square footage per code Limited to 20%of gross Personal Services 26.69 113 912-Drive in Bank square footage per code Repair-Oriented 8.1 170 920-Copy,Print and Express Ship Store Bulk Sales 0.53 12 890-Furniture Sales Office 1.49 32 710-General Office Building Detention Facilities 11.39 240 571-Prison ALLOWED IN PROPOSED ZONE Outdoor Sales 5.56 117 812-Materials and Lumber Store Motor Vehicle Sales/Rental 2.72 58 841-New Car Sales Motor Vehicle Servicing/Repair 3.26 69 848-Tire Store Industrial services 0.51 11 110-General Light Industrial General Industrial 0.75 16 140-Manufacturing Wholesale Sales 0.52 11 860-Wholesale market Cemetaries 1.64 per acre 4 566-Cemetary *Trip generation rates determined using ITE Trip Generation:An Informational Report,8th Edition. TO: City of Tigard Planning Commission Regarding: Quasi-Judicial Zone Change Request for property located at 14830 SW 72nd Ave, Tigard Or., to change the current zone designation of I-P (Industrial Park District) to I-L (Light Industrial District). Applicant: Pioneer Water Proofing Current Address: 1800 S.E. Water Ave., Portland, OR 97214 Phone: (503)232-9020 Business Type: Building Contractor, classified as "Industrial Services" use classification. Purpose: Pioneer Water Proofing, a building contractor, would like to relocate their business from their current address in the city of Portland , Or., to the subject property located at 14830 SW 72nd Ave, Tigard Or. This property is currently zoned I-P, Industrial Park. Per the City of Tigard's planning code, Section 18.130.070, Industrial Uses, Sub Section C, construction contractors fall within the use category of "Industrial Services". Pioneer Water Proofing's business activities do not meet the requirements of the exception 18.130.070.C.4 which allows modification of a contractor's use category to be "Office". Per table 18.530, Industrial Services are not permitted in I-P zones. Therefore, Pioneer Water Proofing is requesting a zone change for this property from I-P Zone to I-L, Light Industrial Zone, which allows construction contractors as a permissible use . This will give them the ability to re-locate their business to this Tigard address. Property Summary: (Reference Exhibit C — Existing Site Plan) The subject property at 14830 SW 72nd Ave, Tigard Oregon is 1.94 acres in size with vehicular access to 72nd Ave. There are two access points on 72nd Ave. The back (East) side of the proposed Pioneer Waterproofing property abuts a separate, narrow strip of land held under a different property ownership that lies between the subject property East property line and Sequoia Parkway. The proposed zone change request does not include access to Sequoia Parkway through this adjacent property. There are two connected buildings on the property, a 4000 square foot office building and a 17,000 square foot warehouse. The past owner of the property operated a wholesale pipe supply and fabrication company. The area which surrounds the warehouse is paved with asphalt surfacing. There are narrow landscaping strips at the north, east, and south side of the property and a large landscape area to the west between the office building and 72nd Ave. 53.01% of the site is paved with non-pervious pavement, 6.80%of the site is covered by pervious surfacing, 24.85% of the site is covered by buildings, and 15.34% is covered by landscaping. Compliance with Comprehensive Plan and Map Designation: (Reference Exhibit A— City of Tigard Zone Map and Exhibit B — Partial Enlarge Zone Map) The uses of the neighboring properties and existing configuration of the subject property would accommodate the proposed zone change without impact to the overall character, use pattern or infrastructure of the neighborhood. The requested zone change from I-P to I-L will expand the permitted industrial uses for this property from Light Industrial (the only permitted industrial use category included in the I-P zone) to include Industrial Services and General Industrial. Heavy industrial uses are not be permitted in the I-L zone.. This proposed zoning modification will allow uses that may have an outdoor material and/or equipment storage component, repair and service activities, manufacturing, processing, and assembly of goods, and for contractors whose primary work is conducted off site, Railroad lead and spur lines would be permitted as an assessor y use under Industrial Services, however the site does not have adjacency or access to existing railroad infrastructure. The site has adjacencies to both I-P and I-L properties. There are I-P zoned properties to the north, east and south and I-I zoned properties to the west across 72nd Ave. The existing uses of properties to the North and West (14555, 14650, 14655, 14725, 14750,14795, 14835, 14865, 14875, 14945, 14915 and 14955 SW 72nd), independent of Zoning requirements include exterior vehicular and material storage density similar to the documented historical use of the subject site , (Reference Exhibit D — Illustration of Current Site Use Types). Changing the zone of the subject property to I-L will not increase the level exterior storage of equipment or materials from that of the prior occupant or to a level which exceeds that of adjacent north and west properties. It is worth noting that the proposed use of the subject site will have an exterior equipment and material storage density which is less than the past occupant and less than the property to the northwest (which is currently zoned I-P). The site does not fall within the defined Tigard design districts (Development Code Chapters 18.610, 16.620, 18.630, and 18.640). However, 72nd Ave is referenced as a major transit access street and pedestrian / bikeway transit street in the Tigard Triangle Design Standards (18.620). Per Table 18.620.1 the Land Use/ Design Priority for this area promotes Mixed Use Employment. The existing sidewalk currently meets pedestrian requirements. Additional Street Functions and Land Use Design Priorities may require future improvements of the street and a minor dedication of the existing site to the public right away to facilitate these future improvements per the 92ft right of way requirements. The site is not considered a part of or included in sensitive lands (Chapter 18.775). There are no wetland areas or natural drainage swales draining directly to a stream, wetland or river within the boundary of the site. Currently all surface storm water runoff is collected and disposed of by the municipal storm water system. The site does not lie within the 100 year flood plan (Reference Exhibit E — FEMA Flood Zone Map). Compliance with Applicable Standards: All of the applicable comprehensive plan policies related to light industrial uses are currently met by the current condition of the subject property and by existing neighborhood infrastructure. No zone specific requirements are left unaddressed in this narrative. The following applicable development standards are relevant to the subject property. • Chapter 18.810 — Street and Utility Improvement Standards: There is no traffic impacts anticipated due to the proposed zone change. The proposed use category for the site will have a reduction in traffic impacts (trip counts) over the most recent use of the property which had a higher on site customer count and higher on-site shipping and receiving activities. • Chapter 18.705—Access, Egress and Circulation: The current parking count for the site is lower than that required by the proposed use; however there is ample existing paved area to provide parking for the required spaces with stripping only. Per table 18.705.3, one driveway is required. The current site has two driveways onto72nd Ave. • Chapter 18.725— Environmental Performance Standards: The zone change to I-L will allow for a visible emissions stack which was not permitted under I-P. To the best of our observations, there are currently no industrial emissions stacks utilized by adjacent property uses. The proposed use for this property requiring the I-L zone will not require any type or size of industrial emission stacks. All other environmental performance standards are use dependant and our not related to the proposed zone change. Evidence of Change to Neighborhood or Community: (Reference Exhibit F —Arial Photograph, 1986, Exhibit G —Arial Photograph, 1996, Exhibit H —Arial Photograph, 2011) On May 9, 1983 this property was zoned I-L under City Ordinance No. 83-24. This document implemented the State of Oregon's first acknowledged comprehensive plan. On May 17th 1993 the Planning Commission approved a zone change for several properties to switch from I-L to I-P. This change was initiated by the affected property owners, including United Pipe and Supply At the time of that zone change from I-L to I-P, the land use category known as "Construction Sales and Services" was allowed in both zoning districts. This included both sales of construction materials and contracting services. As such, United Pipe became subject only to a change in the required development standards, and not the allowed uses. In 1998 the city reformatted and rewrote significant portions of the development code (Ordinance No. 98-19). One of the changes was the removal of the land use category of"construction sales and services" from the I-P zone, replaced by a multitude of new land use categories. The uses on the subject property , Industrial Services (proposed) and Wholesale Sales (historic) are now only allowed in the I-L zoning district, yet had effectively existed on the site until 2012.. Historical changes in development and use patterns in the neighborhood, as recorded by aerial photographs taken from 1986 to 2011, are minor relative to photographic evidence of use patterns. From 1986 to present all properties to the west and north of and including the subject property have included and maintained a similar level of building density and exterior equipment storage and material storage density. There is no evidence of major activity change in the immediate area of the subject property.. Between 1986 and 1998, there was development to the east and the south of the subject property. These developments have building and exterior parking densities that are significantly different than what exists to the north and west of the subject property. These properties are a business park, a large scale retail business and several miscellaneous businesses. As evidenced in the aerial photographs, (Exhibits F, G, and H), it is apparent that a change in zone designation of the subject property from I-P to I-L will not modify the existing use patterns of the neighborhood. Instead it will consolidate the zoning of the subject property and those properties to the north and west into alignment with current and historic land uses. Predominant, localized patterns of traffic access from 72nd Avenue (rather than Sequoia Parkway) for light industrial and general industrial uses have established a distinct separation of access to business parks and retail from Sequoia Parkway. This pattern of access is further complimented by mature existing landscape screening strips and street trees on sequoia Parkway. The subject property, located at 14830 SW 72nd Ave is a reasonable inclusion to the I-L zone. We request that Pioneer Waterproofing be allowed to relocate their business to Tigard, Oregon on this site. ,wiali - +PSE L% 7 _ 1_1\--:___,--,____,,__ 1! �f 4. .� g r f- I �_L raleFea.Pawv Zoning Map ......,, I Pl 2 - _ - �I k M - { C:il��of Tigard, �retan o J I R-as z fia L and ,J ly _ ! I •9 R 2andsp i eaa rPxlona pct, .:.,c ,naa ■+-' A L JT f 1e. jA� �� E 11-121 1 a R l.5 1 R..14 PM Ela W..La sY. c-H Pqy. c..ny.• r. • IAD) IL-2 lO On 3313 aa..4aiw -CP PiWxur.Caa.sar+ . ess I -ea4 WW/C.--I Y^ M ' t (12122 R.r#aka9.,6.Mn La Ra. lax L..a Ur Inr...,.... T`-..�--. . I ¢KKR R-12 �' L s - I! I� 11-13 3a.a to P3 A.La!s... -.M1E.1 141.4 U. r•..•a• __dp� < [.P~; .I•-._ „' x,Tf, .. ! aJ�'Y = 1 ?=26 I..5D 54 R Wn La6ar -rwIC 3 Masa w..0.1...a .,"„� r� .,.- MV1R�2 ... ' I ,Ie-®asw�P,.�. 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I�11� ' +� .y 7`1x5 R. s ftr _ , ,. I �J�I: �_ ;sem '' -.A a'frca It Gan Moms 1, '`� �� i `•• PIONEER WATERPROOFING - ZONE CHANGE REQUEST *�`L r ' _ r ; EXHIBIT A CITY OF TIGARD ZONING MAP r...„ '` ate' \ 1 I �- T I R-3.5 C-P r t. Y. il R-25 I-P , �' lic J Tigard-Tualat, • , -4 5D 23J :1 ,IF, - Transitii Rcgra+ili • • ;. ' .� Tutorial Program `''' .. `''"`. I-I_ i L1 4'II,II?) '11 111111 le I it R-12 I_LI _ R-12 Igliii ' 12 (PD) R-7 I 1 ret I BONITA ROAD 1Ljf L_ R-7 R-12 ii R-7 (Pa) , < g,, c CY ce R-7 ct a ti Iiii7ii a Lu • TAX LOT 700-M1 814830 SW 72ND AVE c o Lu I-P i I C) \111\1 PD R-7 I I\ 0......4 CC N y A /11r747--TfliD) ct I mo R-7 (PI]) Y: I R-12 R-4.5 R-7 C-G -i PIONEERWATERPROOFINGWATERPROOFING - ZONE CHANGE REQUEST EXHIBIT B PARTIAL ENLARGE ZONE MAP I y +l-495,-5" 4 1 I PERVIOUS SURFACING 52-0„ I (3,860 SF) 72-0° I \ i I + 0.40000006 / PERVIOUS SURFACING / .' L3 ,_. (1,890 SF) � 55-01/2zoo o' ��1, 1I ,,, _,. I ..�'. ® EXISTING NON 5.44 I - �� = WAREHOUSE PERVIOUS i� 4Lr, �` s BUILDING SURFACING ' 1 I � _ (17,000 SF) + + (44,790 SF) I 1�� ' � EXISTING ,� , .P ir,' 114 _ OFFICE BUILDING tO I I _ (4,000 SF) 1 TOTAL LANDSCAPING ___ _ /////// (12,960 SF) ' all L11- ► \ - 1 - o ° IQ N io N....I � � r 1 1 I EXISTING SITE SUMMARY SITE AREA 1.94 ACRES (84,506 SF) BUILDING AREA 21,000 SF LANDSCAPE AREA 12,960 SF % LANDSCAPE AREA 15.33% PERVIOUS SURFACING 5,750 SF NON PERVIOUS SURFACING 44,800 SF % NON-PERVIOUS SURFACING 5.3% PIONEER WATERPROOFING - ZONE CHANGE REQUEST EXHIBIT C EXISTING SITE PLAN F I-L r f _ k _ .1,11 !!f. ' ,, ..o. rs Cr v� y M _ a 8{ R P' ,mil Dm al 1 • j t I t �` r&14830 SW 72nd Ave. rd.L7R 97224 U:A C _ J y�Dr ' T : '� Ililill�IIC'1LiIIIIhI .,,i-r ,. - - •i^ "° - - r p = �ii�sil�. rill_ _ ` Nom. Q A — Ir r r n i Y .' a1., r r r r ,1-.,, _.., r .�, i - A. 1, ., _ '� f ^`'? dam . _ a rn lk . _ - -- r x _ _ It _ . ;cooar� Y' r{ V. illA , - '''`:-4 7 , Google earth feet 600 A meters 100 PIONEER WATERPROOFING - ZONE CHANGE REQUEST EXHIBIT D ILLUSTRATION OF CURRENT USE TYPE J Idp17111c Inlorlllatiol1 PlailOr111 This Map Is For Advisory Purposes Only .) 1#' \Sw Cherry Dr ll 11 �' yrs �Or Sw Sandberg St �`_ all 1 ,. ,iiiit es‘Sw Tech Center Dr- -- ) M] •a" 0 e,` Sri c c, ,Fenno,Creeks-.7—tiIIII II CITY OF LAKE OSIWEGO x,t,.a way, s — `0.3, . l a ,P tdatadaw Rd,- - '.F creue Dr IL )1. ... --\\:' \"•,‘• 'r... 137 - _ - Rn.nOa Rd ` Ste Mare v �. :' 1 8500011[] Lang/Ord Ln t e 4102760517C ' "i'rrADOITI"" 4102380625B o a N i i — 4102380517C l (.- 4�11;D2760625C''�W ��n��y t VII E .c� a z — x"$1051 C(1365H B"rol.Rd c* t 4101830175E _. \ 410240062513_ CrryOFTIGARD955'341MB 4101830200E Sy� H ISI Sw Ross.8e- j.2:1.'. ._ C ric 'w Kenton Or CKAMAS Co NTY UNINCORPORATED AREA ,oaaaA 4 i—8.r Ashford St 1 ' $w Ke61e LeThr ,1.1.:L ( / �i� el 4'ya♦ � M Harrlagte e 5w Lanp6ee St V 7 Pd' i� �'� �r�Y asc� o I a ` R°at WASHINGTON COUNTY s.n�,elte Aue 7 8w Bond S+ '1V-4...., fir .• r---It , �J"41005C0013C1 `` � 41023805190 r 41023806130 �ESw Derham Rd 4102630519B ),. •. '4102630613B jwa,e,engten cl _ 1 41027605190 !..45 j/ 41027606130 s.---N SofSchaeffer Ln R ' - ° ` Fr°st Sr froxr to rilL. Legend Cites )j eFL wan NGVD29dxunr j2 Other Caw tadd A DI Mer PL wa WC woo NAVDM eel Yne • sn..w towna Ott wah other datum • O 5,r Caen C1os5 Section Lines • SIAO Lergem CIC! J =SKI en wan NGW29 ill Mi.,Cnees 1 natum /.1,r! =Sa0.een wAh NAyD9! V Completed L©MAsC.o>z Sect..wet aha N darum -f LOUR's r/y/ Streams ' °FIRM Panels Streets 0 Hench Marks S,ain,. General Structures ikia www Reads Consols Alpt ttNih"eat"' /1 Fent BrAKKA 411, Mao.IWewwyr Owns States lfr Larw. Lakes,Major RIvers Al wnywac. Land Areas Base Flood Elevation VS (coot) (coot) tvh.RT)yfi h S. �-> FEMA� &fi Sunday, 30 September 2012 16:29t.4Nia S`r- PIONEER WATERPROOFING - ZONE CHANGE REQUEST EXHIBIT E FLOOD PLAN AND WATERWAY MAP I .6-- ' Ir 71/11 7 4 111 I, c .11, I a -L. As" Ng I) 73.it .---- ., 4 14661 -Arn .." ' _ 1 iliItll r IF,, r; 0 14650 1 ra i . - ' 1 or* i ...—,.. – 11 2 I nek- _ I 4:, - — t* 4 a . 0 7 , imp to ,. 1 ,55 IVO MVO li ilir , -w a 1U1313 \ \\ '• 14830 Is ', 1 , I ., o l • I\ 4 I - 1 14865 ei! I 1 aiao I 7iffi7 al:IP 1 • 1 . .4945 11%. 1.1 vf ' WM6 I 1 333-16 I I 8-3551 Attil t Li CARDINAL = , - Th, 2 Feet 1 2C I ITIW 1,3 I)0 1 I I PIONEER WATERPROOFING - ZONE CHANGE REQUEST EXHIBIT F 1986 AERIAL PHOTOGRAPH / • 1 •A -'. 68..1 i) 4 • • e . „, ( it 14650 �r ,�4filif �-:,. � 14555 ; � i 111 � j.. , .��fy Fri; ,67p Oil 1 M O •r .. ---. ,....,, Is, PI" eq." +, 1465-`i V ••'y4 k2`6r , -- . s { IL 1 �y F�; �rJ' a at" • � S r " [1447;50 111 �7.. I/' 14795 I _ ; '4, - + �C �� 1 —14800 •- "1ii.. MI '1 1 ' ;. • ' 4, .1 - - • 4 ism •• r- r 0 H . 14830 L6it-'—' ' .$ 'c . sR r N — µ r I € liiJti�ita , i """7:,.. it 4T- 1, 14865 • , 3 ed.. .* . . G •7007 - a R r • 1 • w • 7007 14945 -= a_ .. �.. "' F r dm r , - � t'y y' 4 Y i _ -14945 -. 1 NO 'n'Mi .. l ` 7007 • 14945• - 1» i 4, II- -i .• w• _ 7319 14955• ! f . . . r~ �1111, J 7 IMI J, . t ' l i d»8' I �t Ali' * 1 n i..... - _ rl 14965 frt.4t -�� _ Y 1 s ii. VV • Feet {® ~ ` ' •'�. r: II. n�y,iy, iy 4.., 15055 f l N ` 15055 ; l f • r ai.. u6 PIONEER WATERPROOFING - ZONE CHANGE REQUEST EXHIBIT G 1996 AERIAL PHOTOGRAPH 736011414, _ - 7360 0� ' - . wt. ii Si r 675L 73601. ;: r I 360 - :� doi - .."4-......44,--.- r �� - 1 .•. I 14650 r 14555 ".�, 4 ,� ,, �1 ' - ' • .�� 01 aF `9 1. 7.50 Ai yile 11-171 • li r 1395 - t.. a 3. y ` ! 1 9- ' ' • Lt V-14800 l" � gym- .1--7. 14835 rs. �'' 411 - - • :.c Tr. �.. _-xn' 4 - -i:! a.� -J 4 . 14875 r 'da= r 1. , .a ik ` 7007 7007 14945 •7007 f 14945 p' f - 11O1Po• _ I.331 ' � i x,;`a.4 I, i. ,� U` rti I .G —1" ,%=` oi — .. T IIIA i le " ti 7#al.<< _ _ _"I x III .4. CARO t. -- _ e9 Y ii a i ' tiw. Feet ,. A ,i a. , I II 1_.. ® _ 14 ' r,7-sir .w a,. 15055. .. _. PIONEER WATERPROOFING — ZONE CHANGE REQUEST EXHIBIT H 2012 AERIAL PHOTOGRAPH CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done ■. TIGARD Durham Facility Plan District Background Briefing John Floyd, Associate Planner December 17, 2012 CITY OF TIGARD Durham Advanced Wastewater Treatment Facility / Owned/Operated by Clean Water Services Constructed in 1973 to replace 14 inadequate and decentralized treatment plants. / Presently 106 Acres across 8 parcels. Service Population > 200,000 and growing. / Increasing emphasis on resource/energy recovery and public-private partnerships. CITY OF TIGARD Land Use Challenges / Discovered to be a nonconforming land use due to legislative oversight (1998 Development Code Rewrite). / Prevents or complicates needed capacity and treatment upgrades. / Heavy Industrial Zoning District is only existing option - but not appropriate for neighborhood. C I T Y O F T I G A R D L.' t.g].incl l:.c �4 ,~ r. Adjoins sensitive land Er - t., m-, i -. ,, ■-! Pm Pose cz Boundary , _. Biu{ ream c�ye��aary 1:6t1, � S�n�le/Multi►`Fam71y ;,,y i� ,y,. uses: ? � ''� N� �`,�Res�dential �t � ;�+n �,� / Single/Multi-Family �. .71: Pk . , Tigard'` 'Se c Residential High School ;�•� DlirFr ■ ';p„'e Indhastnal �..„� ar'Pmer;'. / Schools W '” ; _` Wastewatfe'r •• Treatment • o Facii ty/ / Public Parks / Industrial Parks ■ ■ ■ / ODOT Facility ■ k. , Park ' - - ` ■ •. Res1d ntial t R � ` 4 , 7.1 uk * 4.4'4 A , '. C I T Y O F T I G A R D 1 .I xistingZoning o • R-4.5 Split Zoned between .City of Tigexl m J Proposed MUM Boundary R-7 1 Rd.City B Wndary R-12 L—_ Ozoning Bomnary TEM Boundary ' Industrial Park & L .: . .a, xE�:a._. -Rte-}LD,U.+iH9ht_RD E 1!---Low Density Residential ar▪r I r sr ia n.....'I ce L.., R-4.5 ■ L---_-- a W ,.* gl 44 Neither zone allows '-P 3 I N wastewater treatment ri . i )--- iii ' R-12 7 MI --I Heavy Industrial Zoning is 1 R_4.� 1 jLATI inappropriate for this area 4-\-t:t. , .. 3.ina Gtanill Ca onhaeshm Plan Dualanmmm 11 - caamurdycommadal M Mixed Use CxXral Buslnauplmkd 7_-. 10 a• • rvegrmortmm erm Gommm ryGomrr-real RoresvwsalcConrmernmo MI General L mmorawl ,N Neghbolaootl Commercial 4L LOA r,ldamelm MI Proftwonal Corm erclol MaulPe� =Hamrybelrmbl .1C,BD Maes....emm anraa.Bemd Light'mini el -- MUC MrvduscComm m¢I Law pmsiy RmidanEal M.• FriFem Mwdlle Emabxnads Medi.neneay Residential MUE-t Reord sr Empbpnakt Mud-um+ii�l Measly Residential • .� M.Pro Empb)tnadl Hlgh pmsts ReslcIntlel MLm_r Mend L.P.... Mixed use commercial MAY-x Mend uwR.eudenhm2 Mlaad Use Emplorn. —( RA ➢m SgRw+ttl sae MIKed Use Empbymenl1 R-2 l'"ZL Mm LYdsae En Mlaed Use Employment Ri5 'IMO Fl Mn Ld Sze Mired hoe Reaidornall 5000 Sa Fl Min Ld Sze Mixed Ilse Rasidential1 R_z2 10506e Ft Men Ld Site OP.2We R-25 1.+80 EU FI MP Ld a. PUNclrasehulbn Rao .UnIRFernme FDI Hut.rerelopmxt... C I T Y O F T I G A R D ,„ T cd!lie L)tiict i.' `a , • _ City Staff & CWS have cit,°t l,gazd 4— 42, 1 ` , _ . > i Proposed DeAnci Boundary 1 q a S. / 7A s� 'v _ mT9ard CMY Boundary ., ii .• ei l4' b i \.. cooperated on aL4F � development code0E5A. r " „ -.:Iministratioi Subdistrict amendment. �.' f I Acknowledges facility a as primary land use M., I in district / Provides greater • flexibility to CWSI. / Better protects _ �;�, -Floodplai m adjacent properties wubdistric J p -- I w a . 4 CITY OF TIGARD What is being proposed? / Adoption of two new chapters: 18.605: Plan Districts Generally 18.650: Durham Advanced Wastewater Treatment Facility Plan District. ► Amends four existing chapters: Changes Chapter Titles for naming consistency Add maps of existing boundaries to provide clarity. CITY OF TIGARD Key Components: / Uses sub-districts to regulate use and development standards. / Strict and measurable limits for noise, odor & light. / Requires significant landscape buffers and screening. / Preserves the large fountain at Hall/Durham. / Establishes design standards to protect Durham Road Corridor CITY OF TIGARD Key Components Continued : / Improves emergency vehicle access to Waverly Estates Subdivision / Requires conditional use permits if a project will : Potentially impact traffic; or Impact view from Durham Road. / Provides CWS greater flexibility and certainty in meeting state/federal permit requirements / Improves internal code consistency and defensibility. CITY OF TIGARD What's next? / Neighborhood meeting tomorrow night: 5-7pm / First Public Hearing on January 7th / www.tigard-or.gov/cws TIGARD PLANNING COMMISSION 2012 GOALS 1) Support achievement of City Council 2012 Goals by: Excerpt from 2012 Tigard City Council Goals a) Completing needed action in a timely manner and 1. Take the Next Step on Major Projects a. Implement the Comprehensive Plan providing thoughtful recommendations on planning through code revisions,including: matters,including: i. Tree code. • Urban Forestry Code Revisions (2nd Quarter ii. Contribute to the SW Corridor 2012); Plan by adopting Tigard's land use policies and designations • High Capacity Transit Land Use Plan and identifying priorities for Implementation actions; high-capacity transit(HCT) • Regulatory Improvement Initiative and other station location alternatives by mid-2012. code amendment efforts; 1. Determine the • Downtown Circulation Plan; economic development • River Terrace Community Plan; opportunities, development plan,city • Periodic Review Housing/Population policies and regulations Projections; and needed to position the • Periodic Review Public Facilities Plan. Tigard Triangle as an HCT station location. b) Continuing to focus on the Tigard Triangle 2. Financial Sustainability including: • Help define/refine the project scope for a Tigard Triangle Master Plan (3rd Quarter 2012) that builds on the Triangle's HCT Land Use Plan station area locations and includes work elements to support the city's interests in the Southwest Corridor Plan. • Provide input on a funding mechanism for transportation infrastructure improvements such as an area specific System Development Charge. c) Seeking economic development opportunities that continue to improve and protect Tigard's natural and built environment as sustainable assets. 2) Provide timely and legally defensible decisions on assigned land use reviews and appeals (ongoing). 3) Continue to pursue outreach to Planning Commissions in adjoining cities,particularly those with shared interests in High Capacity Transit, economic development and urbanization issues. 4) As resources permit, enhance the commission's technical knowledge on topics such as legal issues,infill/redevelopment challenges, demographic trends, sustainability/LEED, builder/developer needs through: a. One major presentation/event each year b. Three minor presentations/events each year CITY OF TIGARD PLANNING COMMISSION Meeting Minutes December 17, 2012 CALL TO ORDER Acting President Anderson called the meeting to order at 7:05 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. ROLL CALL Present: Acting President Anderson Acting Vice President Rogers Commissioner Doherty Commissioner Fitzgerald Commissioner Muldoon Commissioner Ryan (7:15prn) Commissioner Schmidt Commissioner Shavey Absent: Alt. Commissioner Armstrong,Alt. Commissioner Miller Staff Present: Tom McGuire, Interim Community Development Director; Doreen Laughlin, Executive Assistant;John Floyd,Associate Planner, Agnes Kovacz,Associate Planner COMMUNICATIONS — Commissioner Fitzgerald gave a quick report about the Southwest Community Corridor Plan meeting she'd recently attended in Tualatin. She noted that the Tigard Triangle was quite prominent to this plan in the graphics that Metro provided. Commissioner Shavey reported that he'd attended both the Tigard Transportation Advisory Committee (TTAC) and the City Center Advisory Commission (CCAC) recently. He reported that he'd shared with both groups the Planning Commission's recommendation to Council on the reworking of Tiedeman / No. Dakota. He said he read the recommendation to these groups since it's in their area of expertise and as a courtesy on his part to make them aware that this was the Planning Commission's recommendation. He noted that, so far as the CCAC, two or three of their recommendations were the same as the Planning Commission's recommendations to City Council. He said he shared the information with the CCAC because it's a downtown issue, He noted he didn't want them to feel the Planning Commission was stepping out of their boundaries and overstepping into theirs by recommending something about connectivity, but just trying to support them in what they were doing. I:`LBPLN\Planning Cammission`2OI2 PC Packetsk121712-PH Zone Change-Briefing Adoption of PD&Durham Facility PD\tpc 121712 minutes.dsto Page 1 of 5 Acting President Anderson reported that he'd attended the Population & Housing Review recently and that the Planning Commission would be seeing that in January or February. He noted there will be some code changes —but just common sense type changes. CONSIDER MINUTES December 3rd Meeting Minutes: Acting President Anderson asked if there were any additions, deletions, or corrections to the December 3rd minutes. Commissioner Shavey said that after he'd received the minutes for review, he noted that there was no mention of the six points that he wrote out and read as part of the discussion. He said he'd requested (of staff) that those points be added as part of the meeting minutes. He said that Acting CD Director Tom McGuire told him that he needed to direct this type of request to the whole commission during the "consideration of minutes" portion of the meeting. Commissioner Shavey asked for the Commission to include what he'd written into the minutes so they would be part of the record. Commissioner Doherty asked Commissioner Shavey to clarify that those points had not all been adopted. Shavey said this was true and that he just wanted it brought out that he'd made the presentation for consideration by the Commission. His concern was that this be part of the record. Acting President Anderson passed around Commissioner Shavey's circled points and asked the other commissioners to initial the document if they remembered him reading those points and if they agreed to add them to the minutes. Tom McGuire clarified that the email exchange that included what Commissioner Shavey had written (and what was being passed around) had been seen by all the Commissioners and that at that time they became part of the official record. He said the minutes of these meetings are not a word for word transcription, but are "minutes." [The results of the discussion i.e. motions, decisions, and recommendations are noted word for word.] McGuire reminded the Commission that the meetings are all recorded and the entire meeting is part of the official record. Acting President Anderson asked staff if what Commissioner Shavey had brought in for consideration (and had been initialed & approved by the Commissioners) can be added as an attachment to the minutes. McGuire said we could do that and it was decided that the email with those points would be added to the December 3rd meeting minutes as an attachment. PUBLIC HEARING WAS OPENED ZONING MAP AMENDMENT (ZON) 2012-00002 PIONEER WATERPROOFING ZONE CHANGE REQUEST: The applicant is requesting approval of a quasi-judicial zoning map amendment on an approximately 1.94 acre parcel fronting 72"d Avenue. The zoning designation would be changed from "I-P: Industrial Park District" to "I-L: Light Industrial District", the existing comprehensive plan designation of"Light Industrial"would remain unchanged. LOCATION: 14830 SW 72nd Avenue;Washington County Tax Map 2s112AD,Tax Lot 700. ZONE: I-P: Industrial Park District. COMPREHENSIVE PLAN DESIGNATION: Light Industrial. A:\LRPLP\Planning Commissian\2012 PC Packets\121712-PH Zone Change-Briefing Adoption of PD&Durham Facility PD\tpc 121712 minutes,doox Page 2 of 5 Acting President Anderson read the required statements asking several questions. No commissioners abstained or declared a conflict of interest. No one in the audience challenged the Commission for bias or conflict of interest. No commissioners reported ex parte contacts, oral or written communications about the hearing with persons other than City Staff or the City Attorney. Commissioner Muldoon reported a site visit. No one in the audience wished to challenge the jurisdiction of the Commission. STAFF REPORT Associate Planner John Floyd addressed the Planning Commission. He went over a comprehensive PowerPoint (Exhibit A). He said the proposal would be a quasi-judicial zoning map amendment to change 1.94 acres from "I-P; Industrial Park" to "I-L: Light Industrial." There would be no change in Comp Plan designation (light industrial). He said the Planning Commission is the decision making body and that Pioneer Waterproofing needs this zone change to occupy the structure. Floyd noted that the location is presently vacant (formerly United Pipe & Supply). He gave the zoning history and zone change approval criteria. The staff analysis and recommendation is that change in allowed land uses likely would result in reduced vehicle trips. The proposed zone appears to meet approval criteria and that there has been no written testimony opposing the project. STAFF RECOMMENDATION Staff recommends approval of the zone change, subject to the evidence and findings of fact presented in the staff report. QUESTIONS / COMMENTS One of the commissioners noted that this is actually a correction to the zoning.John Floyd said that, yes, this would be a small correction. He noted in the near future they'd be asked to consider a larger correction in the form of a Development Code Amendment. TESTIMONY IN FAVOR--Applicant Michael Crawford business address: 1800 SE Water Ave Portland 97214 thanked the Commission for considering his request. He said he was excited to have his family business become part of Tigard. He said they'd been in Portland since 1964 and were looking to expand their warehouse and yard area and found this property and believe it will be a good fit for them, and that they will be a good fit for the City of Tigard. He said Pioneer Waterproofing is a company that was started by his father. They do maintenance and repair of buildings but specialize in historic structures. For instance, Pioneer Courthouse downtown... they restored all the stone on the outside of it. They recently won a national award for their work on the Iron Furnace in Lake Oswego in George Roger's Park. They work throughout the Northwest— Oregon, Washington, Idaho doing masonry restoration, concrete repair type of work. They have an office staff of 10 and a crew of about 40 people. The warehouse is 17,000 sq ft and is probably a little bigger than they need at this point but their current location by OMSI has an office of 7,000 sq ft office which is much I:\LRPLN\Planning Commission\2012 PC Packets\121712-PH Zone Change-briefing Adoption of PD&Durham Faci1ty PD\tpe 121712 minutes.docx Page 3 of 5 more than they need, and a 4,000 sq ft warehouse which is not quite what they need. So this fits their operation much better. QUESTIONS Tell us about the emissions expected and whether there will be reroofing or anything like that. We don't manufacture anything. We will make no changes to the physical appearance of the building. TESTIMONY IN OPPOSITION —None CLOSED THE PUBLIC HEARING DELIBERATIONS Commissioner Doherty thinks this is a good thing. She said it's always nice when someone wants to move into Tigard and take some of our properties and bring some business into Tigard. It's good for the City;it's good for Mr. Crawford's business; she sees no problem with this and she recommends accepting the staff report. Commission Muldoon said his only concerns were possibly exhaust or odors that the zoning would allow but that this business will not emit anything like that, so he's good with it. Commissioner Shavey commended John Floyd and said the staff report was very clear as to what this zone change would do. He agrees with Commissioner Doherty and thinks they should support this. There was no other deliberation_ MOTION The following motion was made by Commissioner Doherty: "I move for approval of the application, Zon2012-00002 and adopt the findings and conditions of approval contained in the staff report as was received by the Planning Commission." Commissioner Shavey seconded the motion. The motion was voted on and carried unanimously. BRIEFING: ADOPTION OF 18.605 (PLAN DISTRICTS) & 18.650 (DURHAM FACILITY PLAN DISTRICT) Associate Planner John Floyd said the need for this adoption is mainly because about a year ago Clean Water Services (CWS) came in for a standard land-use permit. They wanted to build a new fats, oils, and grease processing facility; basically, they want to collect all the grease in the grease traps in all the restaurants in.the City, bring it to their facility, and add it to their process. During the pre-application conference,it was discovered that, as of 1998,wastewater treatment is not an LRPLR\Planning Commission\2012 PC Packets\121712-PH Zone Change-Briefing Adoption of PD&Durham Facility PD\tpc 121712 rn uutes.dock Page 4 of 5 allowed land use in the two zoning districts in which they're located. So this is a very large non- conforming land use that we can't expect to not expand, modify, grow and change. Something has to be done to respond to this. At this point, Floyd went over his PowerPoint by way of explaining and briefing the commissioners as to what needs to be done (Exhibit B). Because this would be a public hearing later, and is simply a briefing at this time, he didn't go into a lot of detail at this point. He said there would be more detail at the public hearing and that there is more information on this online at http://tigard-or.gov/cws He noted there would be a neighborhood meeting on December 18th and the first public hearing, which is scheduled for January 7 [later changed to January 14]. QUESTIONS / COMMENTS One of the commissioners said he agrees with what they're asking but wants to make sure they have all the information they can on this at the public hearing; an explanation of the uses of the zone and, perhaps some drawings. Another commissioner requested that, at the public hearing, they elaborate on the standards that will be applied. Floyd replied that the standards are actually specified in the code language itself. He said, yes,he could go into more detail about those at that time. Commissioner Anderson told John Floyd that this was a good catch and that he looks forward to the hearing on this. OTHER BUSINESS —Tom McGuire said that after the first of the year the Commission will be discussing their goals for 2013. He passed out a copy of the 2012 Goals as a reminder and there was a short discussion that will result in a draft version of the 2013 goals that will go out to the Commissioners in their next packet. There will be discussion and a solidifying of those goals at the first meeting in January [January 14]. It was pointed out that this last meeting of the year marks Commissioner Karen Ryan's last meeting as a voting member of the Tigard Planning Commission. She began her tenure as an alternate in March of 2007 and was appointed as a voting member in 2008. She served the City of Tigard's Planning Commission well for 5 years but, sadly, will not be able to serve another term due to work commitments. The entire commission and staff will miss her very much and wish her well. Thank you Karen! ADJOURNMENT Acting President Anderson adjourned the meeting at 8:11 p.m. Doreen Laughlin, Planning Cbnission Secretary ATTEST: Acting President Tom Anderson IALRPLN\Planning Commission\2012 PC Packets 5,121712-PH Zone Change-Briefing Adoption of PD&Durham Facility PD\tpc 121712 minutes.duce Page 5 of 5