HomeMy WebLinkAboutAgenda Item - 2011-02-14 PM AGENDA CITY OF LAKE OSWEGO
LAKE OSWEGO
Centennial1910-2010 PLANNING COMMISSION MEETING 380AAvenue
PO Box 369
Monday, February 14, 2011 Lake Oswego,OR 97034
ler 6:30 p.m.
503-635-0290
City Hall - Council Chamber www.ci.oswego.or.us/plan
Contact: Iris McCaleb Also published on the Internet at:
Email: imccaleb@ci.oswego.or.us www.ci.oswego.or.us/plan/planning_commission
Phone: 503-697-6591
The meeting location is accessible to persons with disabilities. To request accommodations, please contact
Iris McCaleb at 503-697-6591, 48 hours before the meeting.
1. CALL TO ORDER
2. ROLL CALL
3. CITIZEN COMMENT— Regarding Issues Not On the Agenda (3 minute limit per individual)
This is an opportunity to raise issues regarding Planning or Citizen Involvement.
4. COUNCIL UPDATE
5. PUBLIC HEARINGS
5.1 Ordinance 2526, LU 08-0054—Community Development Code - Policy Related Housekeeping
Amendments. Amendments (Chapter 50) for the purpose of clarifying and updating various code
provisions. These provisions have been identified as having policy implications. This hearing is
continued from October 25, 2010. Staff will request that this hearing be continued to a date
certain. Staff coordinator is Debra Andreades, Senior Planner.
FOR MORE INFORMATION VISIT-http://www.ci.oswego.or.us/plan/casef.htm
Select LU 08-0054
5.2 LU 10-0042—Zoning Overlay for Industrial Park (IP) District
A request by the City of Lake Oswego for legislative amendments to the Comprehensive Plan Map,
Zoning Map and Community Development Code to create a zoning overlay for the Industrial Park
(IP) District. The new overlay (IP-0) will allow office, service and limited retail uses. This hearing is
continued from November 22, 2010. Staff coordinator is Dennis Egner, Assistant Planning Director.
FOR MORE INFORMATION VISIT-http:/Iwww.ci.oswego.or.us/plan/casef.htm
Select LU 10-0042
6. OTHER BUSINESS— PLANNING COMMISSION
7. OTHER BUSINESS—COMMISSION FOR CITIZEN INVOLVEMENT
8. SCHEDULE REVIEW
9. ADJOURNMENT
Jon Gustafson, Chair ■ Lynne Paretchan,Vice Chair
Puja Bhutani ■ Julia Glisson ■ Jim Johnson ■ Russell Jones ■ Todd Prager ■ Bill Tierney, Council Liaison
CITY OF LAKE OSWEGO
LAKE OSWEGO
Centennial 1910-2010
SUPPLEMENTAL 380AAvenue
PO Box 369
Lake Oswego,OR 97034
STAFF REPORT
503-635-0270
www.ci.oswego.or.us
TO: Planning Commission
FROM: Denny Egner, AICP, Assistant Planning Director and Paul Espe, Associate Planner
DATE: February 8, 2011
SUBJECT: Zoning Overlay for Industrial Park District LU 10-0042
(Continued Hearing on February 14, 2011)
Introduction
On November 22, 2010, the Planning Commission moved to continue their deliberation on the proposed
Industrial Park Overlay Zone (LU 10-0042) to February 14, 2011. The Commission directed staff to return
with a proposal that would allow the proposed set of expanded uses to occupy existing buildings but to
require a conditional use process if any of the expanded set of uses were to occupy a new building.
This report presents the option proposed by the commission and offers a set of alternatives that address
building expansion and an approach that would allow more intense commercial office employment uses as
outright permitted uses in new buildings.
Two draft ordinances are attached as options.
Analysis/Background
In response to a request by a group of owners of industrially zoned property along lower Boones Ferry
Road, the Planning Commission has been considering an overlay zone that would allow limited retail,
service, and office uses for properties located near Boones Ferry Road. During deliberation on November
22, 2010, the Commission raised concerns that making the proposed changes would encourage the short-
term redevelopment of the area which may interfere with long-term planning objectives for the area.
Commissioners noted that the Industrial Park area has significant redevelopment potential and that the
three-year comprehensive plan update process that is currently underway should set the direction for that
redevelopment. Commissioners agreed that any code changes that result from a new IP Overlay zone
should be carefully considered so that new redevelopment does not conflict with the Comprehensive Plan
vision that will be established for the area. As a result of this discussion, the Commission directed staff to
return with a proposal that allowed the proposed set of new uses to occupy existing buildings but to
require a conditional use review process for new buildings that would house the uses.
In January, long range planning staff met with Deputy City Attorney Evan Boone and Assistant Planning
Director Hamid Pishvaie to develop conditional use criteria in response to the Commission's direction. Mr.
Boone observed that the existing general conditional use criteria (Section 50.69 of the CDC) focused
primarily on making proposed uses compatible with existing neighborhoods. He noted that the
Page 2
Commission has essentially asked for development of a conditional use process that requires compatibility
with a future, as yet undefined, neighborhood. To establish the conditional use criteria, it is necessary to
describe the type of uses that would be appropriate in this district in the future.
The draft Economic Opportunities Analysis, prepared as a background report for the Comprehensive Plan
update, has found that the City has a shortage of new employment land and that new employment
opportunities will need to come from redevelopment in existing commercial and industrial areas. The IP
area represents a key redevelopment opportunity for new industrial and employment uses as well as an
opportunity for mixed use development. Given the preliminary research, employee-intensive commercial
office use is the one type of use that would generally be appropriate and compatible with any of the future
redevelopment options—industrial, employment, or mixed use.
Based on this assumption and to be consistent with future development of the IP area, any new expanded
set of uses should only be allowed if the uses occupy employee-intensive commercial office buildings.
Allowing the expanded set of uses in new strip centers or other buildings that do not help intensify the IP
district essentially squanders a rare and valuable land resource that is needed to meet the employment
needs of Lake Oswego in the future.
How do we define an "employee-intensive" commercial office building? The City does not currently have
any standards by which this is measured. Minimum employee per acre standards could be established to
assure employee-intensive use but they would be very difficult to enforce. A more common regulatory
tool that can be used to encourage intensive use is the minimum floor area ratio (FAR).
As an example of an employee-intensive office building, Lake Oswego City Hall is roughly a 40,000 sq. ft.
building on a 50,000 sq. ft. lot (a little more than one acre). The FAR for this three-story building is 0.8:1
(40,000/50,000). City Hall is an intensely used office building. There is space for about 125 employees
sitting at desks or work stations. This works out to about 109 employees per acre. Typical Metro area
employment forecasts and analyses for commercial office areas assume about 81 employees per acre.
Based on this analysis, it is proposed that a minimum FAR of 0.8:1 be established for new commercial office
buildings in the IP Overlay. This will assure that if new buildings are constructed they will create the
opportunity for employee intensive uses. The IP zone currently has a height limit of 45 feet which would
limit buildings to a maximum of four stories.
Alternatives
Alternatives for Planning Commission consideration are presented below.
Planning Commission Proposal—Allow the expanded set of uses outright in existing buildings. Retain the
proposed square foot limits on the expanded uses. Allow the expanded uses in new buildings through the
conditional use process subject to compatibility with the existing neighborhood and consistency with the
comprehensive plan.
Alternative 1—Allow the set of expanded uses in new buildings through the conditional use process and
only when located in new buildings that are constructed as commercial office buildings with a minimum
0.8:1 FAR. (Rationale: This alternative adds a condition that assures that new structures and the uses that
occupy them help to meet long-term employment needs for the City.)
Alternative 2—Allow the expanded uses in existing buildings and allow minor modifications and square
footage expansion to accommodate the uses. Limit floor area expansion to 5% of gross floor area square
footage. (Rationale: Often new uses in existing buildings require some building modification. This
alternative allows a small amount of expansion to accommodate modifications.)
Page 3
Alternative 3—Allow the expanded set of uses in existing buildings or modified existing buildings but limit
the expanded set of uses to office uses only for new buildings. Do not require a conditional use process for
the new commercial office uses but require any new buildings to be employee intensive with a 0.8:1 FAR.
(Rationale: This alternative only allows the full expanded set of uses in existing buildings. It would provide
for the construction of new office buildings for office uses through the normal development review process
before the Development Review Commission but would not require a conditional use review. It recognizes
that providing more office employment opportunities is a likely outcome of the Comprehensive Plan
update process.)
Alternative 4— Do not allow commercial storage facilities and other uses that are not employee-intensive
within the IP Overlay. (Rationale: This alternative recognizes that the City should be encouraging the
highest intensity employment uses closer to Boones Ferry Road where there is better potential for transit
service and a more walkable district.)
Options
Two draft ordinances have been prepared:
• Option A incorporates the Planning Commission Proposal with Alternatives 1 and 2.
• Option B incorporates the Planning Commission proposal as modified by Alternatives 2, 3, and 4.
Recommendation
Staff recommends approval of Option B.
EXHIBITS:
A-1.2 Option A- Conditional Use Permit for New Structures- Draft Ordinance 2561, dated 02/07/11
(Proposed Industrial Park Overlay District Code Section)
A-1.3 Option B - Employee Intensive Office Use Permitted Outright- Draft Ordinance 2561, dated 02/07/11
(Proposed Industrial Park Overlay District Code Section)
G-1 E-Mail from Peter Klaebe, Rosewood Neighborhood Association, dated 11/17/10
G-2 E-Mail from Mike Duyn, dated 12/27/10
Option A—Conditional Use Permit for New Structures
[INCLUDES ADDITIONAL SECTIONS AND SUBSECTIONS FOR CONTEXT]
DRAFT
ORDINANCE NO. 2561
AN ORDINANCE OF THE CITY OF LAKE OSWEGO AMENDING THE LAKE OSWEGO
COMPREHENSIVE PLAN, ZONING MAP AND COMMUNITY DEVELOPMENT CODE ARTICLE
50.13 (INDUSTRIAL ZONES)TO CREATE AN OVERLAY FOR PARTS OF THE INDUSTRIAL PARK
(IP) DISTRICT,ALLOWING OFFICE, SERVICE AND LIMITED RETAIL USES (LU 10-0042).
WHEREAS, a notice of public hearing for consideration of this Ordinance was duly given
in the manner required by law; and,
WHEREAS, a public hearing was held before the Planning Commission on November 22,
2010 and deliberation was continued to February 14, 2011; and,
WHEREAS, a public hearing was held before the Lake Oswego City Council on
2011 to review the Planning Commission's recommendation to amend Article 50.13
Industrial Zones;
WHEREAS, the affected area of the proposed change is located along Lower Boones
Ferry Road in the vicinity of Pilkington and Jean Roads and affects only a portion of the
IP zone; and
WHEREAS, the proposed amendments are intended to provide for greater flexibility in
how IP-zoned properties in the vicinity of Boones Ferry Road are used;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 10-0042),
Attachment A.
Section 2. The sections and subsections of LOC 50.02.005 Definitions designated below
are hereby amended by deleting text shown in strike out and adding new text shown in
bold underline:
Floor Area. The gross building floor area excluding:
• vent shafts,
• court yards,
• garages, except as modified in:
o the R-5 zone (Section LOC 50.06.035 (1)(b)(i), for residential
development);
o the R-6 zone (Section LOC 50.07.037 (1), for outright permitted
residential development);
o the R-7.5, R-10, and R-15 zones (LOC Section 50.08.042 (1), for single
family dwellings);
EXHIBIT A-1.2
Ordinance No. 2561, LU 10-0042 (Option A) LU 10-0042 Page 1
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
• allowable projections,
• decks,
• patios,
• uncovered exit stairs, and
• uncovered, above-grade driveways.
Gross Building Floor Area. The combined square footage area (measured from the exterior of
the surrounding exterior wall framing)of a building or portions thereof of all stories of a
building.
Section 3. The sections and subsections of Article 50.13 (Industrial Zones) designated
below are hereby amended by deleting text shown in strikc out and adding new text
shown in bold underline:
Section 50.13.005 Purpose.
1. Industrial district -the purpose of the industrial district is to provide land where
general industrial development can be located.
2. Industrial park-to provide lands where primarily light industrial, employment, and
accessory uses can occur in a campus-like setting under controls to make activities
mutually compatible and also compatible with existing uses bordering the district.
Section 50.13.010 Permitted Uses; Industrial Zone.
1. Manufacturing, repairing, compounding, processing or storage and accessory office
use.
2. Dwelling for a caretaker or watchman working on the property.
3. Railroad tracks and facilities such as switching yards, spur or holding tracks, freight
depots.
4. Wholesale distributor or outlet.
5. Commercial uses which require large land areas for display or storage is such as:
a. lumber yards,
b. nursery stock production and sale,
c. transportation facilities,
d. equipment rental agencies,
e. car washes,
f. vehicle sales and rental, and
g. boat sales.
6. Major and minor public facilities.
7. Commercial recreational facility wholly conducted within an enclosed structure.
8. Recreational vehicle storage.
9. Truck and trailer rental, and sales of accessories.
10. Services to buildings (including dwellings), cleaning & exterminating.
11. Laundries and cleaning places, greater than 3,000 square feet.
12. Upholstery shop.
13. Sign shop.
14. Duplicating, address, blueprinting, photocopying, mailing and stenographic services.
Ordinance No. 2561, LU 10-0042(Option A) Page 2
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
15. Equipment service and repair places, appliance small engine.
16. Vehicle repair shops (screened by sight-obscuring fence from public right-of-way).
17. Auto service station (primary use only).
18. Printing, publishing and lithographic shop.
19. Research and testing facilities.
20. Medical and dental laboratories.
21. Veterinarian's facilities, totally enclosed.
22. Other veterinarian facilities.
23. Ambulance service.
24. Towing service and tow yard.
25. Artists studios, using industrial tools.
26 Vocational schools.
27. Offices that provide employment and secretarial services for industry.
Section 50.13.015 Conditional uses; Industrial Zone.
1. Alterations or expansion of non-conforming uses.
2. Animal boarding facilities.
Section 50.13.020 Permitted Uses; Industrial Park Zone.
1. Research facilities, testing laboratories.
2. Facilities for the manufacturing, processing or assembling of products.
3. Offices accessory to manufacturing, warehousing or research uses.
4. Vocational schools.
5. A dwelling for caretaker or watchman.
6. Recreational vehicle storage.
7. Major and minor public facilities.
8. Professional office space not to exceed 15% of gross site area.
9. Remanufacturing or repair of vehicle engines and electrical systems provided that:
a. The use is limited to 18 or less service bays.
b. The use is located in an enclosed building.
c. No outdoor storage of parts, materials, or partially or totally dismantled
vehicles is allowed.
d. The provisions of LOC 50.13.040(4) are met.
10. Incidental retail uses.
11. Services to buildings (including dwellings), cleaning & exterminating.
12. Laundries and cleaning places, less than 5,000 square feet.
13. Upholstery shop, less than 5,000 square feet, totally enclosed within a building.
14. Sign shop, less than 5,000 square feet, totally enclosed within a building.
15. Duplicating, address, blueprinting, photocopying, mailing and stenographic
services.
16. Printing, publishing and lithographic shop.
17. Medical and dental laboratories.
Ordinance No. 2561, LU 10-0042(Option A) Page 3
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
18. Veterinarian's facilities totally enclosed.
19. Ambulance service, less than 5,000 square feet, totally enclosed within a building.
20. Artists studios, using industrial tools.
21. Offices that provide employment and secretarial services for industrial park uses.
Section 50.13.025 Conditional Uses; Industrial Park Zone.
1. Professional office space, which meets the Industrial Park guidelines in Appendix
50.13-A.
2. Retail establishments which directly and primarily provide goods and services to
employees and businesses in the industrial park.
3. Commercial transportation facilities.
4. Commercial recreational facilities.
5. Animal boarding facilities.
6. Alteration or expansion of non-conforming uses.
7. Retail sales of tires, batteries and motor vehicle accessories.
Section 50.13.030 Prohibited Uses; Any Industrial Zone.
Uses whose primary function is the storing, utilizing or manufacturing of explosive
materials.
Section 50.13.035 Site Development Limitations.
1. Required yards:
= Determined by LOC Chapter 45 (20 ft. minimum setback adjacent to residential
zone)
Front; any yard with street frontage: IP = 20 ft.
Side: IP = 10 ft.; 0 ft. for common wall development
Rear: IP = 10 ft.; 0 ft. for common wall development
2. FAR Maximum: I = 1.0:1. Not to exceed 60,000 square feet of leasable area.
3. *Height: I = 60 ft., IP = 45 ft.
*Structures placed closer than 60 feet from the property line of a lot which carries
any residential zone designation shall have a maximum height of 40 feet minus one
foot for each foot less than 60 feet the structure is from the residential zone.
4. Front lot lines on corner lots may face either street. The City Manager shall
determine the front lot line after taking into consideration the orientation of
structures on the site and nearby lots, the ability to meet setbacks without
variances, and physical site or solar access limitations. Street access should be to
local streets.
Ordinance No. 2561, LU 10-0042(Option A) Page 4
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
If a dimension or requirement is not shown it means there is no minimum or
maximum, but that the requirements may be established by the Development
Review Commission at the time of review.
Section 50.13.040 Special Requirements.
1. Each industrial area identified on the City's Comprehensive Plan Map also is
described in Appendix 50.13-A. The specific conditions for each area are by this
reference made a part of this Code and are conditions and limitations of each zone.
2. There is a maximum floor area ratio of 1.0:1 in the Lake Grove Industrial Park. The
area of the Lake Grove Industrial Park is described in the Comprehensive Plan.
3. Manufacturing, repairing, compounding, processing or storage uses permitted in the
I zone shall operate in continuing compliance with the requirements of Oregon
Administrative Rules Chapter 340 and City Codes and regulations.
4. Research facilities, testing laboratories, manufacturing, processing or assembling of
products, and incidental retail uses in the IP zone shall not emit noise, smoke, glare,
vibration, fumes or other environmental effects which adversely affect people,
property or uses beyond the property lines of the IP site.
5. Incidental retail uses in the IP sites shall not exceed a total of 3,000 square feet for
all such uses on site. In addition, incidental retail uses are considered part of the
manufacturing business and are not allowed additional signage.
6. The creation of an incidental retail use within an existing structure shall be
processed as a change of use pursuant to LOC 50.79.020(2)(k).
7. Incidental retail uses in IP sites within 200 feet of residentially zoned property may
be open from 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to
12:00 a.m. on Friday and Saturday.
Section 50.13.100 Industrial Park Overlay District.
1. Purpose. The purpose of the Industrial Park Overlay District is to provide land
that is not only available for standard IP uses but to also permit office, business
services, and limited retail uses along Lower Boones Ferry Road in the vicinity of
Pilkington and Jean Roads.
2. Applicability. The Industrial Park Overlay(IPO) applies in the area depicted on the
Industrial Park Overlay District Map in LOC Appendix 50.13.100.
3. Permitted Uses
a. Any permitted use in the IP zone (Section 50.13.020).
b. The following uses are allowed within structures existing on [insert effective
date of this ordinance], or when occupying a structure that was built prior to
feffective date of this ordinance) that has been expanded by not more than 5% in
gross building square footage:
Ordinance No. 2561, LU 10-0042(Option A) Page 5
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
i. The following conditionally permitted uses in the IP zone (Section
50.13.025), subiect to the following limitations:
A. Commercial recreational facilities with less than 5,000 sq. ft. of floor
area• and;
B. Retail sales of tires, batteries and motor vehicle accessories with less
than 20,000 sq. ft. of floor area.
ii. Retail Sales—General Merchandise - under 10,000 sq. ft. of floor area -
limited to office equipment.
iii. Services - Personal:
A. Radio and television repair shop
B. Home appliance repair shop.
Note:Same uses as Sections 50.11.010(5)(G and H).
iv. Services - Business—
A. Adiustment and collection agencies (excluding impound yards);
B. Advertising agencies, including commercial artists;
C. Business and management services;
D. Employment agencies;
E. Office equipment rental and repair agencies,
F. Offices housing personnel who provide special services to businesses;
G. Telephone answering service;
H. Miscellaneous business services, including auctioneers, bondsmen,
drafting, detective agencies, notary public and other like services;
I. Accounting, auditing and bookkeeping;
J. Computer services; and
K. Commercial photographic studios.
L. Pet care, daily (fully enclosed within a building).
Note:Same uses as Sections 50.11.010(6)(8, C, F, J, K, N, Q, R, U, V and X)
and proposed in LU 08-0052 as (10)(Z).
v. Services - Finance, Insurance, and Real Estate Service
A. Insurance and bond carriers, agents, brokers, and services; and
B. Real estate real estate brokers, agents, and services.
Note:Same uses as Sections 50.11.010 (7)(8 and C).
vi. Services - Professional Office
A. -Architecture;
B Artist studios, including those that use industrial tools;
C. Engineering, including surveying;
D. Law;
E. Landscape architecture;
F. Professionals, other;
G. Regional offices and corporate headquarters.
Note:Same uses as Section 50.11.010(10) .
vii. Services - Medical and Health Services, limited to less than 20,000 sq. ft. of
floor area:
A. Clinic, outpatient, and medical office;
Ordinance No. 2561, LU 10-0042 (Option A) Page 6
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
B. Orthopedic equipment and supplies, rental, sale, and service.
Note:Same uses as Sections 50.11.010(9)(8 and D)
Note: "Medical office"is proposed to be added to Section
50.11.010(9)(8) by LU 08-0052.
viii.Services—Amusement
A. Fitness, exercise, and sports facilities (including clubs and studios), and
other individual and group exercise/fitness facilities; e.g. studios, dance
studios and schools, gyms, and martial arts schools; indoor pool; indoor
athletic fields for organized competitive games; billiard and pool parlors;
bowling alleys; and skating rinks, ice and/or roller rinks, all with less than
5,000 sq. ft. of floor area.
Note:Same uses as CDC Update LU 08-0052 proposed for Sections
50.11.010(11)(D), except outdoor pools and outdoor athletic fields
excluded because the FAR limitation would not apply to them as a
means of preserving the area for high employment.
ix. Services - Membership Organization, Office
A. Business and professional;
B. Civil, social, and fraternal;
C. Charitable;
D. Labor;
E. Political;
F. Religious, not including churches.
Note:Same uses as Section 50.11.010(13).
x. Retail Sales— Restaurants, Drinking Places - less than 2,000 sq. ft. in floor
area; co-located within a building with another permitted use; and no
drive-thru service:
A. Restaurant
B. Delicatessen
xi. Retail Sales— Food -- less than 2,000 sq. ft. in floor area; co-located within
a building with another permitted use; and no drive-thru service:
A. Specialized food store.
4. Conditional Uses
a. Any conditional use in the IP zone (Section 50.13.025).
b. The uses listed in Section 50.13.100 (3) shall occur either (1) within a
structure with an FAR of 0.8:1 or greater and the structure is built after [effective
date of this ordinance] or (2) occupys a structure that was built prior to [effective
date of this ordinance] and has not been expanded by more than 5% in gross
building square footage since [effective date of this ordinance]:
c. Pet care, daily (partially conducted outside a building).
Note:Same use as proposed in LU 08-0052 as 50.11.010(10)(Z)
d. Nursery, day care center— primarily serving employees within the IP zone.
Note:Same as Section 50.11.010(12).
e. Storage -limited to commercial self-storage facilities only and subject to the
special requirements of Section 50.13.100 (6)(c).
Ordinance No. 2561, LU 10-0042 (Option A) Page 7
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
5. Site Development Limitations
a. Except as set forth below, all site development limitations of Section 50.13.035
shall apply within the Industrial Park Overlay District.
b. No building or parking area (including parking structure) shall be located within
10 feet of the Boones Ferry Road right of way.
c. A minimum of 20% of each lot shall be landscaped with vegetation.
d. Access points onto Boones Ferry Road shall be minimized as follows.
i. Driveways. The number of access points on Boones Ferry Road shall be
reduced through the consolidation of driveways as follows:
(1). Driveway spacing shall not be less than 300 feet except that when a
center median is in front of the driveway spacing may be reduced to
150 feet.
(2).The location of consolidated access shall be determined by the review
authority based upon the following factors:
(a) The ability to serve multiple properties;
(b) Traffic safety and operational characteristics; and
(c) Any approved access master plan for abutting properties.
(3). The consolidated driveway shall be constructed at the time of
development, or the property owner shall execute and record a
covenant to share in the cost of the consolidated driveway as
described in the Access Master Plan (subsection (iii) below.
(4). The review authority may approve interim individual driveway access
to Boones Ferry Road when circumstances on abutting lots prevent or
delay driveway consolidation.
(5). When the abutting lot(s) to be served by the consolidated driveway
develop and the location of the permanent shared access is not the
same location as the interim access, the interim driveway shall be
abandoned and the area landscaped or otherwise integrated into the
design of the lot under the provisions of this article and other
applicable Lake Oswego codes, standards and regulations.
Landscaping to be provided at the time the interim driveway is
abandoned may be counted toward the lot's minimum landscaping
requirements under subsection (c) above.
(6). Driveway consolidation shall require the execution of reciprocal, non
revocable easements that ensures unimpeded property access and
driveway maintenance.
ii. Abutting Parking Facilities Connections. Driveways and parking aisles shall
be designed to create connections to abutting parking facilities within the
Industrial Park Overlay District according to an Access Master Plan.
iii. Access Coordination—Access Master Plans. When shared driveway access
to Boones Ferry Road or connections between parking facilities on abutting
properties are dependent on redevelopment of the abutting property, the
required shared access and/or connections may be temporarily postponed
provided that an access master plan is approved by the review authority.
Ordinance No. 2561, LU 10-0042 (Option A) Page 8
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
(1). Requirements for submittal of access master plans shall be
established by the City Manager.
(2). Upon approval of an access master plan by the review authority,
development or redevelopment on abutting property shall be
designed in accordance with the approved access master plan.
6. Special Requirements
a. Except as set forth below, all special requirements of Section 50.13.040 shall
apply within the Industrial Park Overlay District.
b. No commercial retail use shall be approved in the IPO zone with more than
20,000 square feet of floor area in a single building, or commercial retail uses
with more than 20,000 square feet of retail sales area on a single lot or parcel,
or on contiguous lots or parcels, including those separated only by public right-
of-way.
c. Commercial Self-Storage is allowed subject to the following standards:
i. The minimum FAR shall be 1.5:1.
ii. There shall be no roll up or "overhead" doors on the ground level that are
visible from the street.
iii. Loading and docking areas shall be internal to the building and screened
from street views.
iv. The building exterior shall by articulated using a variety of materials and
colors. At least 20% of a street-facing facade shall be glass.
Section 3. The Lake Oswego Community Development Code Chapter 50 Appendix is
hereby amended by adding the Industrial Park Overlay (IPO) district map as shown on
Attachment B (LOC Appendix 50.13.100). The City Manager shall depict the boundaries
of the IPO district on the Zoning Map and the Comprehensive Plan Map.
Section 4. Effective Date of this Ordinance: Pursuant to the Lake Oswego City Charter,
Section 34, this ordinance shall be effective on the 30th day after its enactment.
Read by title only and enacted at the regular meeting of the City Council of the City of
Lake Oswego held on day of , 2011.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Jack D. Hoffman, Mayor
Dated:
Ordinance No. 2561, LU 10-0042 (Option A) Page 9
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
ATTEST:
Robyn Christie, City Recorder
APPROVED AS TO FORM:
David Powell, City Attorney
ATTACHMENTS
ATTACHMENT A—A final version of the findings will be completed for the Council's final
decision.
ATTACHMENT B—The final map will be prepared based on the direction of the Planning
Commission.
Ordinance No. 2561, LU 10-0042 (Option A) Page 10
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
Option B—Employee Intensive Office Use Permitted Outright
[INCLUDES ADDITIONAL SECTIONS AND SUBSECTIONS FOR CONTEXT]
DRAFT
ORDINANCE NO. 2561
AN ORDINANCE OF THE CITY OF LAKE OSWEGO AMENDING THE LAKE OSWEGO
COMPREHENSIVE PLAN, ZONING MAP AND COMMUNITY DEVELOPMENT CODE ARTICLE
50.13 (INDUSTRIAL ZONES)TO CREATE AN OVERLAY FOR PARTS OF THE INDUSTRIAL PARK
(IP) DISTRICT,ALLOWING OFFICE, SERVICE AND LIMITED RETAIL USES (LU 10-0042).
WHEREAS, a notice of public hearing for consideration of this Ordinance was duly given
in the manner required by law; and,
WHEREAS, a public hearing was held before the Planning Commission on November 22,
2010 and deliberation was continued to February 14, 2011; and,
WHEREAS, a public hearing was held before the Lake Oswego City Council on
2011 to review the Planning Commission's recommendation to amend Article 50.13
Industrial Zones;
WHEREAS, the affected area of the proposed change is located along Lower Boones
Ferry Road in the vicinity of Pilkington and Jean Roads and affects only a portion of the
IP zone; and
WHEREAS, the proposed amendments are intended to provide for greater flexibility in
how IP-zoned properties in the vicinity of Boones Ferry Road are used;
The City of Lake Oswego ordains as follows:
Section 1. The City Council hereby adopts the Findings and Conclusions (LU 10-0042),
Attachment A.
Section 2. The sections and subsections of LOC 50.02.005 Definitions designated below
are hereby amended by deleting text shown in strike out and adding new text shown in
bold underline:
Floor Area. The gross building floor area excluding:
• vent shafts,
• court yards,
• garages, except as modified in:
o the R-5 zone (Section LOC 50.06.035 (1)(b)(i), for residential
development);
o the R-6 zone (Section LOC 50.07.037 (1), for outright permitted
residential development);
o the R-7.5, R-10, and R-15 zones (LOC Section 50.08.042 (1), for single
family dwellings);
Ordinance No. 2561, LU 10-0042 (Option B) EXHIBIT A-1.3 Page 1
Amendments to Article 50.13 (Industrial Zones; Industrial Park) LU 10-0042
Revised: 2/07/10
• allowable projections,
• decks,
• patios,
• uncovered exit stairs, and
• uncovered, above-grade driveways.
Gross Building Floor Area. The combined square footage area (measured from the exterior of
the surrounding exterior wall framing)of a building or portions thereof of all stories of a
building.
Section 3. The sections and subsections of Article 50.13 (Industrial Zones) designated
below are hereby amended by deleting text shown in strikc out and adding new text
shown in bold underline:
Section 50.13.005 Purpose.
1. Industrial district -the purpose of the industrial district is to provide land where
general industrial development can be located.
2. Industrial park-to provide lands where primarily light industrial, employment, and
accessory uses can occur in a campus-like setting under controls to make activities
mutually compatible and also compatible with existing uses bordering the district.
Section 50.13.010 Permitted Uses; Industrial Zone.
1. Manufacturing, repairing, compounding, processing or storage and accessory office
use.
2. Dwelling for a caretaker or watchman working on the property.
3. Railroad tracks and facilities such as switching yards, spur or holding tracks, freight
depots.
4. Wholesale distributor or outlet.
5. Commercial uses which require large land areas for display or storage is such as:
a. lumber yards,
b. nursery stock production and sale,
c. transportation facilities,
d. equipment rental agencies,
e. car washes,
f. vehicle sales and rental, and
g. boat sales.
6. Major and minor public facilities.
7. Commercial recreational facility wholly conducted within an enclosed structure.
8. Recreational vehicle storage.
9. Truck and trailer rental, and sales of accessories.
10. Services to buildings (including dwellings), cleaning & exterminating.
11. Laundries and cleaning places, greater than 3,000 square feet.
12. Upholstery shop.
13. Sign shop.
14. Duplicating, address, blueprinting, photocopying, mailing and stenographic services.
Ordinance No. 2561, LU 10-0042(Option B) Page 2
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
15. Equipment service and repair places, appliance small engine.
16. Vehicle repair shops (screened by sight-obscuring fence from public right-of-way).
17. Auto service station (primary use only).
18. Printing, publishing and lithographic shop.
19. Research and testing facilities.
20. Medical and dental laboratories.
21. Veterinarian's facilities, totally enclosed.
22. Other veterinarian facilities.
23. Ambulance service.
24. Towing service and tow yard.
25. Artists studios, using industrial tools.
26 Vocational schools.
27. Offices that provide employment and secretarial services for industry.
Section 50.13.015 Conditional uses; Industrial Zone.
1. Alterations or expansion of non-conforming uses.
2. Animal boarding facilities.
Section 50.13.020 Permitted Uses; Industrial Park Zone.
1. Research facilities, testing laboratories.
2. Facilities for the manufacturing, processing or assembling of products.
3. Offices accessory to manufacturing, warehousing or research uses.
4. Vocational schools.
5. A dwelling for caretaker or watchman.
6. Recreational vehicle storage.
7. Major and minor public facilities.
8. Professional office space not to exceed 15% of gross site area.
9. Remanufacturing or repair of vehicle engines and electrical systems provided that:
a. The use is limited to 18 or less service bays.
b. The use is located in an enclosed building.
c. No outdoor storage of parts, materials, or partially or totally dismantled
vehicles is allowed.
d. The provisions of LOC 50.13.040(4) are met.
10. Incidental retail uses.
11. Services to buildings (including dwellings), cleaning & exterminating.
12. Laundries and cleaning places, less than 5,000 square feet.
13. Upholstery shop, less than 5,000 square feet, totally enclosed within a building.
14. Sign shop, less than 5,000 square feet, totally enclosed within a building.
15. Duplicating, address, blueprinting, photocopying, mailing and stenographic
services.
16. Printing, publishing and lithographic shop.
17. Medical and dental laboratories.
Ordinance No. 2561, LU 10-0042(Option B) Page 3
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
18. Veterinarian's facilities totally enclosed.
19. Ambulance service, less than 5,000 square feet, totally enclosed within a building.
20. Artists studios, using industrial tools.
21. Offices that provide employment and secretarial services for industrial park uses.
Section 50.13.025 Conditional Uses; Industrial Park Zone.
1. Professional office space, which meets the Industrial Park guidelines in Appendix
50.13-A.
2. Retail establishments which directly and primarily provide goods and services to
employees and businesses in the industrial park.
3. Commercial transportation facilities.
4. Commercial recreational facilities.
5. Animal boarding facilities.
6. Alteration or expansion of non-conforming uses.
7. Retail sales of tires, batteries and motor vehicle accessories.
Section 50.13.030 Prohibited Uses; Any Industrial Zone.
Uses whose primary function is the storing, utilizing or manufacturing of explosive
materials.
Section 50.13.035 Site Development Limitations.
1. Required yards:
= Determined by LOC Chapter 45 (20 ft. minimum setback adjacent to residential
zone)
Front; any yard with street frontage: IP = 20 ft.
Side: IP = 10 ft.; 0 ft. for common wall development
Rear: IP = 10 ft.; 0 ft. for common wall development
2. FAR Maximum: I = 1.0:1. Not to exceed 60,000 square feet of leasable area.
3. *Height: I = 60 ft., IP = 45 ft.
*Structures placed closer than 60 feet from the property line of a lot which carries
any residential zone designation shall have a maximum height of 40 feet minus one
foot for each foot less than 60 feet the structure is from the residential zone.
4. Front lot lines on corner lots may face either street. The City Manager shall
determine the front lot line after taking into consideration the orientation of
structures on the site and nearby lots, the ability to meet setbacks without
variances, and physical site or solar access limitations. Street access should be to
local streets.
Ordinance No. 2561, LU 10-0042(Option B) Page 4
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
If a dimension or requirement is not shown it means there is no minimum or
maximum, but that the requirements may be established by the Development
Review Commission at the time of review.
Section 50.13.040 Special Requirements.
1. Each industrial area identified on the City's Comprehensive Plan Map also is
described in Appendix 50.13-A. The specific conditions for each area are by this
reference made a part of this Code and are conditions and limitations of each zone.
2. There is a maximum floor area ratio of 1.0:1 in the Lake Grove Industrial Park. The
area of the Lake Grove Industrial Park is described in the Comprehensive Plan.
3. Manufacturing, repairing, compounding, processing or storage uses permitted in the
I zone shall operate in continuing compliance with the requirements of Oregon
Administrative Rules Chapter 340 and City Codes and regulations.
4. Research facilities, testing laboratories, manufacturing, processing or assembling of
products, and incidental retail uses in the IP zone shall not emit noise, smoke, glare,
vibration, fumes or other environmental effects which adversely affect people,
property or uses beyond the property lines of the IP site.
5. Incidental retail uses in the IP sites shall not exceed a total of 3,000 square feet for
all such uses on site. In addition, incidental retail uses are considered part of the
manufacturing business and are not allowed additional signage.
6. The creation of an incidental retail use within an existing structure shall be
processed as a change of use pursuant to LOC 50.79.020(2)(k).
7. Incidental retail uses in IP sites within 200 feet of residentially zoned property may
be open from 8:00 a.m. to 10:00 p.m. Sunday through Thursday and 8:00 a.m. to
12:00 a.m. on Friday and Saturday.
Section 50.13.100 Industrial Park Overlay District.
1. Purpose. The purpose of the Industrial Park Overlay District is to provide land
that is not only available for standard IP uses but to also permit office, business
services, and limited retail usesalong Lower Boones Ferry Road in the vicinity of
Pilkington and Jean Roads_
2. Applicability. The Industrial Park Overlay(IPO) applies in the area depicted on the
Industrial Park Overlay District Map in LOC Appendix 50.13.100.
3. Permitted Uses
a. Any permitted use in the IP zone (Section 50.13.020).
b. The following uses are allowed within structures existing on f insert effective
date of this ordinance], or when occupying a structure that was built prior to
Ordinance No. 2561, LU 10-0042(Option B) Page 5
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
[effective date of this ordinance] that has not been expanded by more than 5% in
gross building square footage:
i. The following conditionally permitted uses in the IP zone (Section
50.13.025), subiect to the following limitations:
A. Commercial recreational facilities with less than 5,000 sq. ft. of floor
area• and;
B. Retail sales of tires, batteries and motor vehicle accessories with less
than 20,000 sq. ft. of floor area.
ii. Retail Sales—General Merchandise - under 10,000 sq. ft. of floor area -
limited to office equipment.
iii. Services - Personal:
A. Radio and television repair shop
B. Home appliance repair shop.
Note:Same uses as Sections 50.11.010(5)(G and H).
iv. Services - Business—
A. Pet care, daily (fully enclosed within a building).
Note:Same uses as proposed in LU 08-0052 as (10)(Z).
v. Services—Amusement
A. Fitness, exercise, and sports facilities (including clubs and studios), and
other individual and group exercise /fitness facilities; e.g. studios, dance
studios and schools, gyms, and martial arts schools; indoor pool; indoor
athletic fields for organized competitive games; billiard and pool parlors;
bowling alleys; and skating rinks, ice and/or roller rinks, all with less than
5,000 sq. ft. of floor area.
Note:Same uses as CDC Update LU 08-0052 proposed for Sections
50.11.010(11)(D), except outdoor pools and outdoor athletic fields excluded
because the FAR limitation would not apply to them as a means of preserving
the area for high employment.
vi. Retail Sales— Restaurants, Drinking Places - less than 2,000 sq. ft. in floor
area; co-located within a building with another permitted use; and no
drive-thru service:
A. Restaurant
B. Delicatessen
vii. Retail Sales— Food -- less than 2,000 sq. ft. in floor area; co-located within
a building with another permitted use; and no drive-thru service:
A. Specialized food store.
b. The following uses are allowed either (1) within structures existing on [insert
effective date of this ordinance] or when occupying a structure that was built
prior to [effective date of this ordinance] that has been expanded by more
than 5% in gross building square footage; or (2) within new buildings with an
FAR of 0.8:1 or greater:
i. Services - Business—
(1). Adiustment and collection agencies (excluding impound yards);
(2). Advertising agencies, including commercial artists;
Ordinance No. 2561, LU 10-0042 (Option B) Page 6
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
(3). Business and management services;
(4). Employment agencies;
(5). Office equipment rental and repair agencies,
(6). Offices housing personnel who provide special services to
businesses;
(7). Telephone answering service;
(8). Miscellaneous business services, including auctioneers,
bondsmen, drafting, detective agencies, notary public and other like
services;
(9). Accounting, auditing and bookkeeping;
(10). Computer services; and
(11). Commercial photographic studios.
Note: Same uses as Sections 50.11.010 (6)(B, C, F, J, K, N, Q, R, U, V and
X).
ii. Services - Finance, Insurance, and Real Estate Service
(1). Insurance and bond carriers, agents, brokers, and services; and
(2). Real estate real estate brokers, agents, and services.
iii. Services - Professional Office
(1). Architecture;
(2) Artist studios, including those that use industrial tools;
(3). Engineering, including surveying;
(4). Law;
(5). Landscape architecture;
(6). Professionals, other;
(7). Regional offices and corporate headquarters.
Note:Same uses as Section 50.11.010(10) .
vii. Services - Medical and Health Services, limited to less than 20,000 sq. ft. of
floor area:
(1). Clinic, outpatient, and medical office;
(2). Orthopedic equipment and supplies, rental, sale, and service.
Note:Same uses as Sections 50.11.010(9)(8 and D)
Note: "Medical office"is proposed to be added to Section
50.11.010(9)(8) by LU 08-0052.
viii. Services - Membership Organization, Office
(1). Business and professional;
(2). Civil, social, and fraternal;
(3). Charitable;
(4). Labor;
(5). Political;
(6). Religious, not including churches.
Note:Same uses as Section 50.11.010(13).
4. Conditional Uses
a. Any conditional use in the IP zone (Section 50.13.025).
Ordinance No. 2561, LU 10-0042 (Option B) Page 7
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
b. Pet care, daily (partially conducted outside a building).
Note:Same use as proposed in LU 08-0052 as 50.11.010(10)(Z)
c. Nursery, day care center— primarily serving employees within the IP zone.
Note:Same as Section 50.11.010(12).
5. Site Development Limitations
a. Except as set forth below, all site development limitations of Section 50.13.035
shall apply within the Industrial Park Overlay District.
b. No building or parking area (including parking structure) shall be located within
10 feet of the Boones Ferry Road right of way.
c. A minimum of 20% of each lot shall be landscaped with vegetation.
d. Access points onto Boones Ferry Road shall be minimized as follows.
i. Driveways. The number of access points on Boones Ferry Road shall be
reduced through the consolidation of driveways as follows:
(1). Driveway spacing shall not be less than 300 feet except that when a
center median is in front of the driveway spacing may be reduced to
150 feet.
(2).The location of consolidated access shall be determined by the review
authority based upon the following factors:
(a) The ability to serve multiple properties;
(b) Traffic safety and operational characteristics; and
(c) Any approved access master plan for abutting properties.
(3). The consolidated driveway shall be constructed at the time of
development, or the property owner shall execute and record a
covenant to share in the cost of the consolidated driveway as
described in the Access Master Plan (subsection (iii) below.
(4). The review authority may approve interim individual driveway access
to Boones Ferry Road when circumstances on abutting lots prevent or
delay driveway consolidation.
(5). When the abutting lot(s) to be served by the consolidated driveway
develop and the location of the permanent shared access is not the
same location as the interim access, the interim driveway shall be
abandoned and the area landscaped or otherwise integrated into the
design of the lot under the provisions of this article and other
applicable Lake Oswego codes, standards and regulations.
Landscaping to be provided at the time the interim driveway is
abandoned may be counted toward the lot's minimum landscaping
requirements under subsection (c) above.
(6). Driveway consolidation shall require the execution of reciprocal, non
revocable easements that ensures unimpeded property access and
driveway maintenance.
ii. Abutting Parking Facilities Connections. Driveways and parking aisles shall
be designed to create connections to abutting parking facilities within the
Industrial Park Overlay District according to an Access Master Plan.
Ordinance No. 2561, LU 10-0042 (Option B) Page 8
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
iii. Access Coordination—Access Master Plans. When shared driveway access
to Boones Ferry Road or connections between parking facilities on abutting
properties are dependent on redevelopment of the abutting property, the
required shared access and/or connections may be temporarily postponed
provided that an access master plan is approved by the review authority.
(1). Requirements for submittal of access master plans shall be
established by the City Manager.
(2). Upon approval of an access master plan by the review authority,
development or redevelopment on abutting property shall be
designed in accordance with the approved access master plan.
6. Special Requirements
a. Except as set forth below, all special requirements of Section 50.13.040 shall
apply within the Industrial Park Overlay District.
b. No commercial retail use shall be approved in the IPO zone with more than
20,000 square feet of floor area in a single building, or commercial retail uses
with more than 20,000 square feet of retail sales area on a single lot or parcel,
or on contiguous lots or parcels, including those separated only by public right-
of-way.
Section 3. The Lake Oswego Community Development Code Chapter 50 Appendix is
hereby amended by adding the Industrial Park Overlay (IPO) district map as shown on
Attachment B (LOC Appendix 50.13.100). The City Manager shall depict the boundaries
of the IPO district on the Zoning Map and the Comprehensive Plan Map.
Section 4. Effective Date of this Ordinance: Pursuant to the Lake Oswego City Charter,
Section 34, this ordinance shall be effective on the 30th day after its enactment.
Read by title only and enacted at the regular meeting of the City Council of the City of
Lake Oswego held on day of , 2011.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Jack D. Hoffman, Mayor
Dated:
Ordinance No. 2561, LU 10-0042 (Option B) Page 9
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
ATTEST:
Robyn Christie, City Recorder
APPROVED AS TO FORM:
David Powell, City Attorney
ATTACHMENTS
ATTACHMENT A—A final version of the findings will be completed for the Council's final
decision.
ATTACHMENT B—The final map will be prepared based on the direction of the Planning
Commission.
Ordinance No. 2561, LU 10-0042(Option B) Page 10
Amendments to Article 50.13 (Industrial Zones; Industrial Park)
Revised: 2/07/10
From: pklaebe@comcast.net [mailto:pklaebe@comcast.net]
Sent: Wednesday, November 17, 2010 8:57 PM
To: McCaleb, Iris
Cc: Batten, Joan; Jahraus, Penny; mark.kimball2@verizon.net; kenn2020@gmail.com;
RJonesGPC@msn.com; amartin@pru-nw.com
Subject: LO Planning Commission public hearing testimony for Nov 22, 2010 on LU10-0042
Iris,
Please pass along the following to the Lake Oswego Planning Commision for the public
hearing on LU 10-0042:
On October 21, 2010 the Rosewood Neighborhood Association Board met and
reviewed the LU 10-0042 application for a zone overlay for Industrial Park (IP) district.
The consensus of the 5 Board members present at this meeting was that we find the
staff recommendations on the proposed zone overlay on the IP to be good, and our
Board supports this. In today's economic climate, we believe it is important that options
are available for businesses. The commercial requests as modified by the staff
recommendations we found to be an appropriate balance. The LO industrial park
borders our neighborhood association boundaries and we are sensitive to industry
related issues. We do not think this overlay would have a negative impact on adjacent
neighborhoods, and will enable industrial businesses and related services in Lake
Oswego to remain viable in this area.
Cheers,
Peter Klaebe
Chair,
Rosewood Neighborhood Association
503-821-2102 (w)
503-968-6626 (h)
EXHIBIT G-1
LU 10-0042
From: Mike Duyn [mailto:miked@macadamforbes.com]
Sent: Monday, December 27, 2010 11:34 AM
To: Egner, Dennis
Cc: 'Don Hanson'
Subject: FW: Re: New Staff Report Amendment Recommendations
Dennis thanks for the conversation regarding your pending modification of the Amendments "intended uses" section.
As we heard from at least one commissioner, they wanted some form of clarity between the uses, permit levels, scope
and scale of redevelopment on "existing structures"Vs that of"new development"on vacant sites (or newly cleared
sites).
Question: Is it appropriate or fair to impose different zoning uses, permit levels, scope and scale on adjacent
properties simply based on whether it's a vacant lot or an old building needing renovation?
Question 2: When the time comes for the market to say that a vacant site is in need of new
construction/development, should the Seller and Buyer(of a vacant site) be forced to deal with an often lengthy, risky
and expensive conditional use permit process?...which normally will cause any transaction to fall apart. The market
(Buyer and Sellers) need a use definition that allows for a fair and simpler process which is more definitive and even
handed...and a redevelopment to the same use would not require a conditional use permit. We have real world
prospects interested in these sites for redevelopment as office, medical, doggie day care, garden center and mini
storage uses. What can they expect in the sale/permit process from the City?These are all excellent uses for this
area, whether existing buildings or new developments, they will not detract from a larger Comp Plan Change, they are
a blessing to the neighborhood.
From the beginning we had three basic Objectives:
1. Protect industrial uses currently permitted under the IP zone.
2. Bring use conformity to the neighborhood. Uses on one site should also be able to be performed on other
sites in the area. (i.e. Flouriest, bridal dress shops, health spas, etc.)
3. Provide office and small scale support retail uses for redevelopment opportunities of vacant and
obsolete sites.
Comprehensive Plan Change Issue: The property owners in our amendment area support the ultimate re-working of
the zoning in the entire 100 acre IP zone area. We are sure this task will be undertaken at some future time. In spite
of the best wishes of the City, the track record for speed and efficiency in these matters has not been good. It could
easily take five to ten years...even though I have heard optimistic predictions of two or three years. The property
owners do not want to be held hostage by the City for the next two (and probably ten)years and not be allowed to
bring our neighborhood to the higher standard it deserves in a timely fashion.
Boundary Question: The 24 acre amendment area as drafted has been encouraged by the City for three years, the
property owners have been contributing funds to this end for years, the defined area has logical geographical
boundaries which are conducive to quality joint/neighboring redevelopment and even assemblage of ownerships into
larger sites. The 24 acre boundary should be maintained.
Thanks Dennis, I do not envy your task of trying to make sense and order out of the current tangled zoning codes as
they relate to this project. Thank you for considering the above comments and observations.
Mike
Mike Duyn
Broker
Macadam Forbes, ONCOR International
1800 SW First Ave. Suite 100
Portland OR 97201
mikedmacadamforbes.com
503 227 2500 Main
503 972 7292 Direct EXHIBIT G-2
503 703 5015 Cell LU 10-0042
503 274 8216 Telefax