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CPA1995-00005
CITY OF TIGARD • Washington County, Oregon NOTICE OF FINAL ORDER - BY CITY COUNCIL Concerning Case Number(s): CPA 95-0005/ZON 95-0007 FILE TITLE: PACIFIC CREST/PROVIDENCE APPLICANTS: Pacific Crest Partners Providence Health System. OWNERS: Same 911 Oak Street 4805 NE Glisan Street Hood River, OR 97031 Portland, OR 97213 REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the. property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 5.4, 8.1.1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. Action: ❑ Approval as requested xi Approval with conditions ❑ Denial Notice: Notice was published in the newspaper,posted at City Hall and mailed to: 5 The applicant and owner(s) ® Owners of record within the required distance ® The affected Citizen Involvement Team Facilitator ® Affected governmental agencies Final Decision: THE DECISION WAS SIGNED ON 01/3 C1149 , 1990, AND BECOMES. EFFECTIVE ON 3/) 144, , 1996. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. A review of this decision may be obtained by filing a notice of intent with the Oregon Land Use Board of Appeals (LUBA) according to their procedures. QUESTIONS: If you have any questions, please call the Tigard City Recorder at (503) 639-4171. 0 CITY OF TIGARD, OREGON lir ORDINANCE NO. 96-0 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A TIGARD: COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY PACIFIC CREST PARTNERS AND PROVIDENCE HEALTH SYSTEMS (CPA 95-0005/ZON 95-0007). WHEREAS, the applicants have requested a comprehensive plan map amendment and zone change from Commercial Professional/C-P to Neighborhood Commercial/C-N on two parcels (Parcels 1 and 3 of MLP 94-0013) and from Neighborhood Commercial/C-N to Commercial Professional/C-P on one parcel (northern one acre of 1S1 34BC, lot 401); and WHEREAS, the Planning Commission conducted a public hearing for the proposed amendment and zone change at its meeting of December 18, 1995, and recommends approval of CPA 95- 0005/ZON 95-0007. THE CITY OF TIGARD ORDAINS AS FOLLOWS: • SECTION 1: The proposed amendment/zone change is consistent with all relevant criteria based upon the facts, findings and conclusions noted in the attached final order (Attachment A); SECTION 2: The City Council concurs with the Planning Commission and staff recommendations and approves the request to designate the parcels illustrated on the attached map (Attachment A, Exhibit A). SECTION 3: This ordinance shall be effective 30 days after its passage by the CoUincil, signature by the Mayor, and posting by the City Recorder. PASSED: By Lin (in irnr u5 vote of all Cou,pcil members present after being read by number and title only, this )?ti day of / civa r,/, 1996. /"1 2�/i1 Z_!_,.?�? I� //A�c :l (7,/c/,�� -Catherine Wheatley, City kecor'er By Tigard City '���� APPROVED: B Ti and Ci Council this �J • : of 6&11 4,4/996. //�' es Nicoll, Mayor Approved a o form: i / -ity Attorney /13 /61/, Date ORDINANCE No. 96- 7 . Pagel • CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY PACIFIC CREST PARTNERS AND PROVIDENCE HEALTH SYSTEMS. The Tigard City Council reviewed the application below at a public hearing on January 23, 1996. The City Council approves the request based on the facts, findings and conclusions noted below. A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 95-0005 Zone Change ZON 95-0007 REQUEST: Amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013 from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and amend the Comprehensive Plan map on property at the southeast corner of SW Scholls Ferry Road and SW North Dakota Street from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. APPLICANTS: Pacific Crest Partners Providence Health Systems 911 Oak Street 4805 NE Glisan Street Hood River, OR 97031 Portland, OR 97213 OWNERS: Same LOCATION: Southwest and southeast corners of SW Scholls Ferry Road and SW North Dakota Street. 2. Vicinity The proposal is a joint application between Pacific Crest Partners and Providence Health Systems. Two sites are involved in the plan amendment/zone change. 1 Site A is on the southwest corner of SW Scholls Ferry Road and SW North Dakota Street; site B is on the southeast corner (Exhibit A). The proposal affects Parcels 1 and 3 of a recently-approved minor land partition (MLP 94-0013) on map 1S1 35AD, lot 2400 (Exhibit B). These parcels have been recently developed as a bank and tenant commercial space. The land uses surrounding the site are as follows: Properties to the north across Scholls Ferry Road are in the City of Beaverton and zoned for single family residential use; to the east across North Dakota Street is the St. Vincent's Medical Clinic, which is built on property zoned for both Neighborhood Commercial and Professional Commercial uses; to the south is medium density residential land, though the Kindercare day care center located immediately to the south is a conditional use; and to the west is medium density residential land that is zoned R-7 (PD) and contains the Summerlake subdivision. The proposal also includes the property at the southeast corner of Scholls Ferry , and North Dakota. The northwestern one acre of map 1S1 34BC, lot 401 is zoned for Neighborhood Commercial (Exhibit C). Properties to the north across. Scholls Ferry are in the City of Beaverton and zoned for office commercial and single. family residential; to the east is general commercial land which contains a McDonald's restaurant and the Greenway Center; to the south is commercial professional land which contains part of the medical clinic and a vacant parcel; and to the west is commercial professional land containing the co-applicant's development. 3. Background Information Site A: Pacific Crest Partners was approved for a minor land partition (MLP 94- 0013) and site development review (SDR 94-0014) on the property at the southwest corner of Scholls Ferry and North Dakota in August of 1994. The original 1.24-acre parcel was divided into three parcels. Parcels 1 and 3 of that partition is the subject of the current application. In April of 1995, Pacific Crest Partners applied for a comprehensive plan amendment/zone change for Parcel 3 only. The applicant proposed to change the parcel from Commercial Professional/C-P to General Commercial/C-G in order to develop it for retail use. The Planning Division recommended denial because the application did not meet all approval criteria. The Planning Commission recommended denial on June 19 and the City Council denied the proposal on July 11. 2 410 Tigard Community Development Code 18.32.280 states that an application that\ has been denied may not be resubmitted for the same or substantially similar proposal or action for a period of one year unless there is a substantial change in ' the facts or a change in city policy which would change the outcome. Staff agrees with the applicants that the current proposal is substantially different than the previous one referred to above. This application seeks a change to different designations than the prior one and involves three parcels and two applicants." It also involves a mistake by the city concerning the comprehensive plan and zoning maps. Site B: In November of 1986, the city council adopted Ordinance 86-58, which amended the comprehensive plan and zoning maps on the original parcel (1S1 34BC, lot 401) located on the southeast corner of Scholls Ferry and North Dakota. The applicant, Bethany Associates, requested that the 5.4 acre parcel be redesignated from C-P to C-G on 3.9 acres with the remaining 1.5 acres retaining the C-P designation. The city council decided to designate the eastern 2.9 acres as C-G and the northwestern one acre as C-N, the latter to be used for neighborhood retail uses (Exhibit C). Since the rezoning, the original 5.4 acre site has developed with a McDonald's restaurant, an Oil Can Henry's auto lube and St. Vincent's Medical Clinic. The clinic straddles the C-N and C-P zoning districts (Exhibit D). Since the time of the approval of Ordinance 86-58, a mistake was made by city staff regarding the location and conditions of the C-N zone. The ordinance text and map specifies that the C-N designation be located on the northwest corner of the site and contain one acre; and that commercial development occurring within a zoning district shall not utilize space outside of the respective zone to satisfy parking or landscaping requirements prescribed by the code. The current comprehensive plan and zoning maps, however, are drawn to include 1.99 acres in this designation; and the medical center development straddles two zoning districts. The Planning Commission held a hearing on CPA 95-0005/ZON 95-0007 on December 18, 1995, and voted 5-1 to recommend approval of the proposal. 4. Site Information and Proposal Description Site A: The affected parcels, containing 1.10 acres, are located along the west side of North Dakota Street, south of Scholls Ferry Road (Exhibit A). Site development has recently been completed on this site pursuant to the approved site development application in August of 1994 (SDR 94-0014). Approval of SDR 94-0014 allows for construction of a 3,840 square foot bank on Parcel 1 and 8,415 3 • • • square feet of office/retail space on Parcel 3. Prior to construction, former tax lot 2400 contained a veterinary office, three homes and an apartment building. The applicant requests a comprehensive plan map amendment from Commercial Professional to Neighborhood Commercial and a zone change from C-P to C-N on Parcels 1 and 3. The reason for the requested change is to expand the range of permissible uses to those allowed under C-N zoning. Under C-P zoning, retail commercial use is limited to 20 percent of the entire square footage within the development complex. Under this restriction, only 3,166 of the 8,415 square feet of the building on Parcel 3 could be used for selected retail uses. A change from C-P to C-N will only affect, therefore, the permitted uses for the remaining 5,249 square feet on Parcel 3. Site B: The affected property, containing one acre, is located on the southeast corner of Scholls Ferry Road and North Dakota Street. In March of 1988, the city approved SDR 88-05 for the construction of St. Vincent's Medical Clinic. The northern portion only of the clinic is located in the C-N zone; the southern portion is on land zoned C-P. The applicant requests a comprehensive plan map amendment from • Neighborhood,Commercial to Commercial Professional and a zone change from C-N to C-P-on the northwestern one acre of map 1S1 34BC lot 401, as delineated on the map of Ordinance 86-58 (Exhibit C). The reason for the request is to correct a mistake on the zoning map, clear up the split zones upon which the clinic is located and to enable the C-N zone, which is restricted to one quadrant of an intersection, to be more appropriately used by the co-applicant on Site A. A written narrative combining the two requests was submitted as part of the application. It is included as part of this staff report. 5. Agency Comments • The Engineering Division, Tualatin Valley Fire and Rescue District, Washington County, Beaverton and Tri-met have reviewed the proposal and have no objections. No other comments were received at the time of this report. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 5.4, 8.1.1, 12.2.1 (1) and 12.2.1 (3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules, Chapter 660 Division 12. 4 410 • 1. Policy 1.1.2, Implementation Strategy 2, requires that in order to approve quasi- judicial changes to the comprehensive plan map, the city council must find: a) A change is consistent with applicable plan policies; and b) A change of physical circumstances has occurred since the original designation, or c) A mistake was made in the original land use designation. The applicants' statement in support of this proposal asserts that three physical changes of circumstances have occurred affecting the sites and a mistake was made in the original land use designation of site B. A summary of these arguments follows. St. Vincent's Medical Clinic was partially built on a one-acre parcel, which is zoned Neighborhood Commercial, despite the fact that the city council amended the comprehensive plan and zoning maps with the intent that retail commercial uses be developed there. CPA 10-86/ZC 18-86 was a request by Bethany Associates to rezone a portion of a 5.4-acre parcel on the corner of Scholls Ferry and North Dakota from C-P to C-G on 3.9 acres; the remainder would remain C-P. This action was to accommodate a neighborhood office and retail center designed to maximize pedestrian access to the site, particularly from the Meadowcreek apartment project immediately south of the site. The proposal stated "The medical/dentaU professional office portion of the plan can be built in the present C- P zone so no change is necessary" The city council approved the request with the added conditions that one acre of the site be rezoned as C-N in order to limit the scale of commercial development which is compatible with nearby residential neighborhoods. Despite the intent of the council's action, a regional medical clinic was developed on the C-N zoned property. This use does not fulfill the purpose of this zone. The Tigard code states, " The purpose of the C-N zoning district is to provide convenience goods and services within a cluster of stores. Convenience goods are goods which are bought frequently, at least weekly, and for which people do not engage in comparison shopping. The uses permitted in the neighborhood center include convenience markets, beauty shops, barber shops and repair • shops. The range of uses is limited to those uses which can be sustained by a limited trade area." The expectations of the zone change in 1986, therefore, were never fulfilled and the neighborhood commercial uses intended by the C-N zone never developed. The applicant claims that this represents one physical change of circumstances. The applicant asserts that the second physical change of circumstance is related to the type of existing uses on the sites. The recently-completed bank and tenant 5 • • space on Site A, though allowed under C-P zoning, are more neighborhood commercial or retail use's. than the medical clinic on Site B. This situation represents a change from the original designations and intents of the C-P and C-N zones. A third change in physical circumstances since the original designation in 1986, the applicant asserts, is the additional street improvements made in the area. The widening of Scholls Feny and installation of speed humps along North Dakota improve the traffic flow in the area and discourage use of North Dakota as a 'cut- through' street. The installation of a traffic signal at Scholls Ferry and North Dakota has made it easier, more safe and convenient to access Sites A and B. In addition to the above, a mistake was made in the original land use designation of Site B. Ordinance 86-58 designated 1.0 acres as C-N on the southeast corner of Scholls Feny and North Dakota. The current plan and zoning maps show all of tax lot 401, 1.99 acres, as C-N. The medical clinic development, covering approximately two acres, is built on land zoned C-N and C-P. The mistake was likely a mapping error which designated the whole tax lot as C-N, instead of the northern one acre only. Staff concurs that one physical change of circumstance has occurred since the • original designation. More importantly, staff concludes that mistakes were made in the original designation and subsequent development of Site B. The action by the city council in 1986 to rezone the 5.4-acre property on the southeast corner of Scholls Ferry and North Dakota to C-G and C-N was done to accommodate neighborhood commercial uses. Ordinance 86-58 reads, in part, "...the scale of the project should be limited so as to result in commercial development which is most beneficial to and compatible with nearby residential neighborhoods". Instead, a regional medical clinic was developed on approximately two acres of the western portion of the 5.4-acre site that straddles both the C-N and C-P zoning districts. This could represent a physical change that was not intended by the council, does not fulfill the -purpose of the C-N district and precludes development of neighborhood commercial uses on the site. In addition, because of a restriction in the comprehensive plan locational criteria for C-N, the corner of this intersection cannot have another C-N district, thereby precluding a neighborhood commercial district across North Dakota Street. Staff also concludes that a mistake was made in the original land use designation of Site B, and a mistake was made in approving the location of the medical clinic development in 1988. The city council action in 1986 to rezone this site included the following provisions. 6 ' a) The eastern 2.9 acres of the�\site shall be redesignated for Commercial General development in the Comprehensive Plan and C-G on the Zoning Map. The northwest corner containing 1_0 acre will be redesignated for Commercial Neighborhood development in the Comprehensive Plan and C- N on the Zoning Map. [emphasis added] b) , Commercial development occurring within a zoning district shall not .utilize space outside of the respective zone to satisfy parking or landscaping requirements prescribed by the Community Development Code. The map referred to in. a) above is shown as Exhibit C in this report. The action clearly was to rezone only 1.0 acre as C-N. Currently, the comprehensive plan and zoning maps show this district as 1.99 acres (Exhibit E). Staff made a mistake in designating the C-N boundaries in subsequent maps. Provision b) above was adopted by the council due to concern about negative impacts associated with a larger scale commercial retail development spilling over on to another zoning district. The medical clinic development, as built, does indeed cover part of the original C-N district and part of the C-P district to the south of the C-N district. Staff finds that a third mistake was made related to Site B by allowing a single use that exceeds 4,000 square feet. Chapter 18.60 (C-N: Neighborhood Commercial District) of the .Tigard Development Code contains the following restriction: "No use shall have a gross floor area greater than 4,000 square feet." ' The portion of the -medical clinic, which is considered a single use, located in the C-N zone should not exceed this square footage. The portion of the clinic in this zone is approximately 10,000 to 12,000 square feet. Based on the above discussion, Policy 1.1.2(2) is met. Approval of the this proposal would recognize the changed circumstances and correct the original mistakes made in creating, defining and developing the site within the C-N zone. 2. Policy 2.1.1 states that the city shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The policy is satisfied because the surrounding property owners were given notice of public hearings related to the proposal and given the opportunity to comment on the proposal. The notice for the planning commission and city council hearings were sent to surrounding property owners within 250 feet of the affected property, posted at Tigard City Hall and advertised in a local newspaper. In addition, the applicant provided notice of and conducted a neighborhood meeting on October 19, 1995, for interested property owners and those within a 250-foot radius of the affected property. 7 • 3. Policy 54 states that the city shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. The properties proposed for redesignation are currently zoned C-P and C-N, both commercial designations. Also, these properties are located among other commercially zoned parcels. This policy is satisfied, therefore, because there will be no encroachment of new commercial development into residential areas. 4. Policy 8.1.1 states that the city shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. The applicants' argument that the proposal would not have a significant effect. on either the local road system in the area or the planned Washington County transportation system (Scholls Ferry Road) depends on the traffic study submitted for the previous application (CPA 95-0002/ZON 95-0003) for a plan and map amendment on Parcel 3 of Site A. The study and subsequent letters and comments from Washington County are included as Exhibit F. The study analyzed the worst case situation under C-G zoning on Parcel 3 only. This analysis showed that the transportation system would not be adversely affected. City and county staff agree that the analysis also suffices for the current proposal to rezone Parcels 1 and 3 to the less intensive C-N. Parcel 1 has recently developed as a bank and is under long-term lease with the property's owner. This use will not change due to the rezoning. Parcel 3 has recently developed as 8,415 square feet of tenant space. The uses allowed under the C-N zoning would not generate as much traffic as those allowed under C-G. In addition, any one use is limited to .4,000 square feet under C-N zoning. The owner/developer of Parcels 1 and 3 has already made street improvements as conditions of approval of SDR 94-0014. These improvements serve to mitigate the impact of additional traffic at this site. The traffic impacts resulting from the medical clinic on Site B were analyzed and mitigated during site development review of that project in 1988 (SDR 88-05). The current proposal, therefore, to rezone this site from C-N to C-P, if approved, will not affect the transportation system because the site is already built out. The city's Engineering Division and Washington County have reviewed the traffic analysis and find that the proposed amendment will not have a significant effect on the planned transportation system. The Engineering Division states that because the proposal is an exchange of already existing zoning districts that involves virtually the same amount of land, there will be no additional traffic impact caused 8 either by a new zoning district or by land added to the old districts. For the above reasons, Policy 8.1.1 is satisfied. 5. Policy 12.2.1 (1) provides the locational criteria for designating land as neighborhood commercial (C-N). These criteria apply to Site A. The locational criteria can be construed in a flexible manner in the interest of accommodating proposals which are found to be in the public interest and capable of integration into the community. The burden of proving conformance with the criteria varies with the degree of change and impact on the community. The applicable locational criteria with findings are as follows: (1) Spacing and Location a. The service area radius for a neighborhood commercial center shall be at least one-half of a mile. The service area depends on the type of tenants who locate at the site, but it is expected to be at least one-half mile. If approved, this C-N district would be the only one within one mile. There are C-G and C-P districts within one half mile that serve a larger trade area. b. Commercial development shall be limited to one quadrant of a street intersection or where there is no street intersection. to one side of the street. If this proposal is approved and Site B is designated as C-P, then Site A would be the only quadrant of the intersection designated as C-N. The northeast quadrant in Beaverton is designated as 0-C (Office Commercial); the northwest quadrant in Beaverton is R-7 (Single-Family Residential); and the southeast quadrant would be C-P (Commercial Professional). This criterion, therefore, is satisfied. (2) Access a. The proposed center or expansion of an existing center shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity. existing and projected traffic volumes, the speed limit. number of turning movements and the traffic generating characteristics of the most intensive use allowed in the zone. As discussed above under 8.1.1, staff agrees that the traffic analysis completed for the previous comprehensive plan and zoning map amendment (CPA 95-0002/ZON 95- 0003) suffices for the current proposal. Based on this analysis and for the reasons cited in 8.1.1, staff concludes that redesignating Parcels 1 and 3 of Site A to C-N will not create traffic congestion or a traffic safety problem. This criterion, therefore, is satisfied. • 9 • • b. The site shall have direct access from an arterial or a collector street which will not direct traffic through local neighborhood streets. Access to the site is via North Dakota Street, a minor collector: This was determined by the city's approval of the site development plan (SDR 94-0014), in August of 1994 because direct access to Scholls Ferry Road, an arterial street, was prohibited by Washington County. Because site traffic will use Scholls Ferry Road and North Dakota, and traffic is not directed through local neighborhood streets, this criterion is satisfied. (3) Site Characteristics a. The site shall be of a size which can accommodate present and projected uses. but shall not exceed two acres. Parcel 1 of Site A has recently been developed as a bank. Parcel 3 has developed as 8,415 square feet of tenant space. Both uses were reviewed and approved by the city in 1994. The site size does accommodate the present uses. Any additional future uses would have to be approved by the city. -.Parcels 1 and 3 combined include 1.10 acres. This criterion, therefore, is satisfied. (4) Impact Assessment a. The scale of the project shall be compatible with the surrounding uses. Site A is already developed as, a bank and commercial tenant space. Both structures are one story and oriented towards Scholls Ferry Road and North Dakota Street. The scale of this project is compatible with the surrounding uses of commercial and medium density residential. b. Site configuration and characteristics and relationship to the street system. shall be such that privacy of adjacent non-commercial uses can be maintained. The existing development on Site A is oriented toward Scholls Ferry Road and North Dakota Street. To the east across North Dakota Street is commercially-zoned land which includes the medical clinic. To the south is the Kindercare day care center, a conditional use in an R-7 (PD) zone. There are no windows or public access facing south towards this residentially-zoned area. To the east is the new veterinary clinic building and a 20-foot buffer between the building and the residential neighborhood. With the foregoing configurations and characteristics, this criterion is met. c. It shall be possible to incorporate the unique features into the site design and development plan. The site has already been developed. It contained • no unique features before development. This criterion, therefore, is satisfied. 10 • d. Associated lights. noise and activities shall not interfere with adjoining non- residential uses. The ' existing site development as approved and constructed does not and will not create noise and lighting impacts to the medical clinic across North Dakota Street or the Kindercare center to the south. The Parcel 3 building orientation faces north away from the day care center. This criterion, therefore, is satisfied. 6. Policy 12.2.1 (3) provides the locational criteria for designating land as commercial professional (C-P). These criteria apply to Site B. The locational criteria can be construed in a flexible manner in the interest of accommodating proposals which are found to be in the public interest and capable of integration into the community. The burden of proving conformance with the criteria varies with the degree of change and impact on the community. The applicable locational criteria with findings are as follows: • (1) Spacing and Location a. The Comprehensive Plan map fixes exact boundaries of the commercial professional area. This policy is satisfied because the boundaries of the C- P designation will be set by ordinance that amends the comprehensive plan map. b. The commercial area is not surrounded by residential districts on more than two sides. The properties to the north of the site are in the City of _ Beaverton and zoned office commercial; to the west of the site is land zoned commercial professional (C-P); if the current proposal is approved the properties to the west would be C-P and C-N; to the south is land zoned C-P;to the east is land zoned C-G. This criterion is satisfied because the affected site is surrounded by commercial districts on all sides. (2) Access a. The proposed use or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity. existing and projected traffic volumes, the speed limit. number of turning movements and the traffic generating characteristics of the various types of uses. Site B is already developed with the medical clinic. This development was reviewed and approved by the city council in 1988 (SDR 88-05). Traffic concerns were addressed during that review process. Approval of the current proposal would not affect the existing 11 • traffic generation or patterns related to this site, therefore, this criterion is satisfied. (3) Site Characteristics a. The site shall be of a size which can accommodate present and projected needs. Site B is already developed and can accommodate the present needs. There are no plans for expansion of the medical clinic. This criterion, therefore, is satisfied. b. The site shall have high visibility. The site and existing development is clearly visible from Scholls Ferry Road and North Dakota Street. This criterion, therefore, is satisfied. (4) Impact Assessment a. The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. The existing medical clinic is oriented towards Scholls Ferry and North Dakota. To the north of the site, across Scholls Ferry is a bank; to the east is a McDonald's restaurant and auto lube center; to the south is a vacant parcel of C-P land; and to the west, across North Dakota, is a bank, veterinary hospital and commercial tenant space. The nearest non-commercial use is the Meadow Creek apartments to the south beyond the vacant commercial parcel. This criterion, therefore, is satisfied. b. It shall be possible to incorporate the unique site features into the site design and development plan. The site has already been developed and there are no unique features on. the site. This criterion, therefore, is satisfied. c. Associated lights. noise and activities shall not interfere with adjoining non- residential uses. The site has already been developed. To the north of the site, across Scholls Ferry Road, is a bank; to the east is a McDonald's restaurant and auto lube center; to the south is a vacant parcel of C-P land; and to the west, across North Dakota Street, is a bank, veterinary hospital and commercial tenant space. The medical clinic does not interfere with these non-residential uses and, in fact, is complimentary to them. This criterion, therefore, is satisfied. 7. Section 18.32 of the Community Development Code sets forth the procedural requirements for review of quasi-judicial plan amendments. The application has • 12 been processed in accordance with code sections 18.32.020, 18.32.050 and 18.32.060; hearings have been conducted by the planning commission and city council according to 18.32.090(D); and the requirements for notification of the hearings have been met according to 18.32.130 and 18.32.140. 8. Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the plan and zoning district map as follows: A. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. The applicable comprehensive plan policies and map designation: and the change will not adversely affect the health, safety and welfare of the community. The applicable plan policies related to the proposal are reviewed above under section B (Findings and Conclusions). 2. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197. until acknowledgement of the comprehensive plan and ordinances. The Tigard Comprehensive Plan has been acknowledged, therefore specific review of each statewide planning goal is not applicable. Notice of filing this proposed amendment has been provided to the Department of Land Conservation and Development for comment at least 45 days prior to the final decision date. 3. The applicable standards of any provision of this code or other applicable implementing ordinance. Code sections 18.60 (Neighborhood Commercial District) and 18.64 (Professional/ Administrative Office Commercial District) contain the standards for the C-N and C-P zones, respectively. Sites'A and B have already been developed with commercial uses. The bank and commercial tenant space on Site A were reviewed and approved by the city under SDR 94-0014; the medical clinic (Site B) was approved under SDR 88-05. The standards under each zone district have been met for these developments. This criterion, therefore, is satisfied. 4. 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. See above under B. Findings and Conclusions, section 1. 13 • • 9. Oregon Administrative Rule section 660-12-060 requires that plan amendments be consistent . with identified function, capacity and level of service of affected transportation facilities. Based on the applicants' traffic analysis and the improvements made to North Dakota Street (pursuant to SDR 94-0014), the proposed plan map and zoning map changes will not significantly affect a transportation facility. Washington County staff agrees that the proposal is consistent with this rule. 10. Conclusion In conclusion, all, applicable approval criteria to support a comprehensive plan amendment and zone change have been satisfied. Staff can, therefore, make findings to support application CPA 95-0005/ZON 95-0007. Further, staff believes that amending the comprehensive plan and zoning maps to switch the locations of the C-P and C-N on this corner better serves the purposes of the city's planning goals and neighborhood public needs. It corrects the mistakes made regarding Site B, that is, the mapping error on the existing C-N district and the mistake in allowing the medical clinic site to be sited in two different zoning districts and developed over 4,000 square feet. By assigning a C-P zone to the one acre at the southeastern corner of Scholls Ferry and North Dakota, the medical clinic development will be located entirely in one appropriate zoning district and comply with all codes. This action will also allow the C-N zone, which is allowed on only one quadrant of an intersection, to be assigned to the southwestern corner of this intersection. Locating a C-N zoning district on this corner will allow the opportunity for provision of convenience goods and services to the local neighborhood. C. DECISION The City Council APPROVES the requested Comprehensive Plan Amendment CPA 95-0005 and Zone Change ZON 95-0007 based upon the foregoing findings and conclusions. 1.4 ! i ha/ 44/ ViC2) va 110W;i Waieici) DR 1110 i i % 0/) WO a3 1111 11 CP rill 100°3 0 1.......„1 viiimille ifc'g) 4:44* G11111 t 01 .133 1.0 o „ 127rH cT � N ...g e W■CFW 1 bah. $(9A01 73 Ma a ' ?3< M Y gi ' • DR 4 P 73 W Z> I 0 E NORTH DAKOTA ST. lII1II i il iIl ME ,, o' M -e 0 Rail ri3 ���- pi g Ba4 C 01-I q City of Tigard Planning Department 4 vi k /1/ 1 I ,kA. 4, p /.4AhV.t S 71 :• ro /WO 70•re•w . i ' ~ •.., gaff__ ■ a 4 r 1 N r ^4.4 V. ts • 4:, t ."4 1 V V„...........■••■...) 13 laR tO4 NI Ot % A 1 0 R k c.-.1 t, lan 9 n o "• k0pw 4(rr ' ivi .t visa _ .. w ` v pq , --c r'x-q . �tl r..-......._ `- � fA .i: G t r4 9 M r ht %.Q I IL I IV l'A 0 03 chi (it4 t a $ $ soa�ro•4e E � 1 m • . \ ... igar soa%o•�e�' ; f fl a. /i • • / iii 4 M 1 • i' , --� '- •iV• H 1' ' /04 • i z 09.09 •. . ~ • • l• '-'to .,�� ^ SOOYOWIT Nanti t • o0 N DAKOTA �;w ST. __ ,43,61 ...1,..:...-..- .r....:- e ,t�oaYa�e•w -• .1 110010 40,' 17 P • EXHIBIT C ' Source: Ordinance 058 • • • \. p Z p W cc Q O of o 1C 0 Ts-23194 s 1- V SCHOLLS p A ° S.W. ,g' :a f ( 1223 • I 300 I.E.f • 7.93 4C 1( LO A (( o 401 , \ 0339kt�� �O _ e w a� oti �° N 1 1 M 1 4 .E: W • N ir &4' -co 0 il w r a .4.-. a a. ' Mat d . n . ol • W it • j SEE MAP .. I . - •c. 1S 1 33AQ f 2 0 es o . . . . •-4.72.9 `..1 I`C7�.�1 — a� =' 1 0 (1037.94; 400 \_ s'.------'%''NNl( 5229 0. t Jkrru- 04;re e "a_ A- may p bc.:_ :i r:. .:.: laA ..Pp::ca:•i"i s 4- - e '4 f r- • ' 0 -fit. _ • S W. NORTH DAKOTA STS L .% En --It t 1 o I —i I • , , --L1,1 •. r _ ■_.,i Ilk.' to I _ __T__ y`?'i'.} ; 3'; ;� . ' w --- ` o -0/ �f ?: s ' ' � '> :� j . : " 4 , .�• n ,. y • .•r 4— •! .r. _____ _ .. t_„ F.7. , 1 :'P r,(`::'i/,'.��siNrY�•.,.., •1• �.[i7�,`i'/���y.7��'1"y-`*' �',,!,(ru) t,. F.7 \ �Y' t'i.i. .L X4..3 .. ���r"'�•,�C'1rt�'r ��• r�it'�.��; ,'. `�IN• /i„4.I — ` t iti�K. t(.. �i r r 0)tin v,;� •t 99-i L!i-� r, r+pir"rif ..i�. `vi:�1f, 1J 7 U' !7 t ,,.K} �^tt . 1 t a I – r;n!3r �4• t� :►rswa4:d.0C R s iM4.,..• C}� 1 '' _I•~.I ,• F V i — .. et 71:4')41.nes,r�yq1'►-tp 1.7•row-01x Se•.,—,. n Piài� 1 t t� 1..i �. of. •• ; 74 c:-.30),r4. k(,)/.A� ..-.4.!.. i.l0. _L.h .i.v ,; 4.: x .4. J c: O•I ) ,,,..1,...y.,1,k1,44-,.i,e3,,y-A,,,,.. .4 1 • -1,aniximpias \ V'Nill'AI,A4.114 '..,#1.1'.f.,it.. ' d'. , -It Nu • erv". illnilog_ .111.V1 t \ i �' L J %' -xi. ! 1 g i‘. g.Nr . . .4i\\ I VI . i• . ?--`.--lak 1 1 5 . �,: g % I7 lis I L 11 .,... tj _____ •1 r. ,� 1 1 P I on eel 1 igig �� ` / 4 / l E I • I .�._ ., I I , H I i 1/4-1.c.„..i...\.„.......;: - lb.. -- 1, \ 1.•. WI I ik • _•rear—Mar maamaiior>i1-----memNNs s-s ----mr_oppp--Aw�r--•wars. �rirasslri1m�s__ ahi- EXHIBIT E • 0 3-Atiffw.: w - ' w Bp.s( 1600011 - > mm, < ________„_, C-t 1101. g L .) a) TARPAN _ cu SSISSISW RD 111111___,_____—_____. a CHOLLS FERRY a S supjl ci. 1I: ( acres � cG "E wegial*ur . C-P C co ' S Ark 4/1 74ig 1:2 6 0) =�4�I �1� 4 . R-25 I- __ .irAr 111111 I I 1 ��"MO"�otascale A • Source: CPA 95-000.ON 95-0003 file. EXHIBIT F MACKENZIE ENGINEERING INCORPORATED CIVIL • STRUCTURAL • SURVEYING • TRANSPORTATION 0690 S.W.BANCROFT STREET • P.O BOX 69039 PORTLAND.OREGON 97201-0039 • (503)224-9560 • FAX(503)228-1285 June 5, 1995 Washington County Land Use and Transportation Attention:Scott King 155 North First Avenue,Suite 350 Hillsboro,Oregon 97214 Re: Pacific Crest Zone Change Scholls Ferry/North Dakota Traffic Conditions Project Number 294149 Dear Mr.King. Mackenzie,Engineering Incorporated has reviewed traffic conditions anticipated at the intersection of Scholls Ferry Road and North Dakota Street with development of the Pacific Crest site at the southwest corner of the intersection. The scenarios reviewed include existing traffic conditions before development of the site and 1995 and 2005 conditions with and without the proposed zone change on Parcel 3 from C-P to C-G. Our previous trip generation comparison indicated that under worst case scenarios,the existing zoning would actually generate more trips than the proposed zoning. Traffic volumes for 1995 were estimated from summer 1994 counts with in-process traffic added for US Bank and jiffy Lube and traffic generated from the Pacific Crest site. This includes the planned veterinarian office and bank and the"worst case"scenarios for Parcel 3. With existing C-P zoning,Parcel 3 could support a 2,800 s.£ convenience market and a 5,300 s.£ Motor Vehicles Department office. Under - - the proposed C-G zone,the DMV office would be replaced by a video store. Washington County staff provided EMViFJ2 model rims for 2010 projected traffic volumes and 1985 volumes. The 2010 volume projections for Scholls Ferry are below the PM peak hour traffic counts conducted by MEI staff during the summer of 1994. To estimate the 2005 traffic volumes,the growth rate anticipated between 1985 and 2010 was applied to the 1994 traffic counts. This growth rate was found to be approximately 5%per year. The recent growth rate along Scholls Ferry Road has been 7%. The 5% rate was used for long term growth since the We rate is reflective of high levels of development in recent years and increased traffic due to the improvements completed on Scholls Ferry Road. Intersection capacity calculations were prepared utilizing NCAP software which simulates the 1985 Highway Capacity ManuaL The calculation accounts for the existing PM signal timing on Scholls Ferry Road. The table below presents the intersection level of service as well as volume to capacity ratio(V/C) and average delay for the existing and proposed zones in 1995 and 2005. The signal progression system currently operating on Scholls Ferry provides a low average delay for through traffic. Traffic volumes projected for 2005 result in intersection demand significantly over capacity. These results,although shown,are not reliable. Several variables may affect future operation of the intersection including a constant growth rate of 5%,how planned roadway improvements will affect Scholls Ferry traffic,and F:IWPDATA195-061941491OSLI.SK • • s. Scott King Project Number 294149 June 5, 1995 • Page 2 what improvements if any may be constructed on Scholls Ferry Road such as a third lane or intersection improvements. Some of the planned improvements which may reduce Scholls Ferry traffic include the Murray Boulevard Extension/Walnut improvements and SW 125th Extension to Hall Boulevard. Intersection Capacity and Level of Service Scholls Ferry Road at North Dakota Street • • Scenario . V/C Delay LOS* 1995 C-P Zone 0.993 32.2 D 1995 C-G Zone 0.987 30.5 D i 2005 C P Zone 1.63 >60 F 2_005 C-G Zone 1.62 >60 F • *Level of Service is based upon average delay. The intersection of Scholls Ferry Road at North Dakota Street will experience demand in excess of its capacity within the next few years. The traffic increases will be attributable to development over a large area of Tigard and Beaverton,not one specific project,as Scholls Ferry is a major arterial roadway. The • costs of any improvements which may be constructed on Scholls Ferry Road should be shared with all new development in the area. If you have any additional questions please call me at 224-9560. Sincerely, 4.j-64QP*A. PRA , 1 144'8 �r Brent Ahrend 6 r 9 T Traffic Analyst • 400 BTA.sk cti:Y13A91c6�.� Enclosures '0 G. LP— - c: Ray Valone,Michael Anderson-City of Tigard Dan Boyden-Pacific Crest Richard Allen-Ball Janik&Novack F:IWPDATA19S-06\94149WSL1SK • '' x " O z Scholls Ferry Road % SITE, B oo+ a, 1 1 L 66 1 1 158 1014---. .--1660 7s s5 �.� f f� C4 1j 14 • 0 © o s FIGURE 1 DRAWN BY: DMe EXISTING 1994 CHECKED DATE: 6-5-95-9 BTA PM PEAK HOUR DATE: 6-5-95 JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF Gull • Structural • Transportation 0690 S. W. Bancroft Streit • P.O. Box 69039 11-1 1I 11 1 ( ■uACKENVE ENQnEEReNC INCORPORA ED Portland. Oregon 97201-0039 — o Y O art, O Z Scholls Ferry Rood • A % SITE , B N o .t 04 O r` N tl'1 lt 90�'j �`` 192 �� �'— 90 192 983 1608 983 •--1608 141-. 1 �r 152 132—. r 139 I \ tt AO rd � o N � CO 0. VI cc r. 168 1461 34-N, 1 37~N1 © ; a as) me � o me Existing Zoning Proposed Zoning DMV VIDEO FIGURE 2 DRAWN BY: OMB 1995 TRAFFIC CHECKED BY: BTA PM PEAK HOUR DATE: 6-5-95 JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF Civil • Structural • Transportation 0690 5. W. Bancroft Street • P.O. Box 69039 Filo] WOmaTE EDGNEERwc wcoaponnrEO Portland. Oregon 97201-0039 ' 1 • • • • eNAky Y t O ' Z Scholls Ferry Road • A % SITE „• B COPI � m� � N N N 1 / 1 137--A" � - 304 137— �I"- 304 1703 • f--2787 1703---0. 41--2787 194—. ! — 212 185--k jr- 199 43 en 1r O 0in O IICf N n i 168 1 146—' 34 37� ~fit 1 © m CO • Existing Zoning Proposed Zoning DMV VIDEO FIGURE 3 DRAWN BY: OMB 2005 TRAFFIC • CHECKED BY: BTA PM PEAK DATE: 6-5-95 HOUR JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF civic • Structural • Transportation 1 11 11 11 1 0690 S. W. Bancroft Street • P.O. Box 69039 •44Ik • • WASHINGTON COUNTY, A illip , OREGON June 8, 1995 Ray Valone City of Tigard Planning Department 13125 SW Hall Blvd. Tigard, OR 97223 Re: CPA 95-0002/VAR 95-0003 -PACIFIC CREST PARTNERS Thank you for the opportunity to review and comment on this plan amendment proposal. As I noted in my May 16 letter,the County's interest in this proposal is limited to its impact on SW Scholls Ferry Road, a County major arterial. To review the impact on this facility. the County relies on findings based on OAR 660-12-060 (Plan and Land Use Regulation Amendments) from the Transportation Planning Rule (TPR)- To address this TPR requirement,the applicant's consultant (MEI) has provided the County with a traffic analysis (dated June 5th) which identifies the impact this proposal would have on the planned County transportation system for year 2005. This analysis is based on a reasonable worst case site development scenario for both the existing zoning and the proposed zoning. Specifically, these worst case scenarios are, 1) Existing zoning (CP) — 2800 s.f. convenience market and a 5300 s.f. Motor Vehicles Department office; and 2) Proposed zoning (CG) = 2800 s.f. convenience market and a 5300 s.L video store. I note that these square footages only add up to 8100 s.f. and not the 8400 s.f. of space assumed to data Whether or not this incongruity is simply a typographical error or is the wrong site size, I do not believe the discrepancy is significart because the difference in the extra 300 s.L should be proportionally higher for each scenario resulting in an equivalent relative impact. Whde these worst case scenarios have been discussed at length between city and county staff, I must rely on the City's interpretation of their code as It relates to reasonable worst development. Assuming the reasonable worst case development scenarios are an accurate reflection of allowed land uses for the site,the County finds that the proposed plan amendment will not have a significant effect on the planned County transportation system. Year 2005 deficiencies in this area are due to effects of traffic growth based on the current land use system. The analysis shows that this proposal MI not make the planned system any worse than it would be with no plan amendment. Therefore, the county - has no objections to this plan amendment request. 'slyquestions regarding these comments, please call me at 681-3961. Senior Planner c: Mark Brown Brent Ahrend Department of Land Use and Transportation,Planning Division Phone: 503/640-3519 .. • . _'-___ .._____ ..+•..• I-A #a Cnn ICAO_AA19 - Ir PACIFIC CREST PARTNERS ED MURPHY 911 OAK ST 9875 SW MURDOCK HOOD RIVER, OR 97031 TIGARD,OR 97224 PROVIDENCE HEALTH SYSTEM DAN SPRIGGEL 4805 NE GLISAN ST PORTLAND OR 97213 180 W.FIRST ST DUNDEE,OR 97115 DAN KEARNS ,111:SW 5TH,SUITE 3200 PORTLAND,OR .97204 PEGGY HENNESSEY PO BOX 86100 PORTLAND,OR .97286 PACIFIC CREST CPA95-0005 ED MURPHY PACIFIC CREST PARTNERS 911 OAK ST 9875 SW MURDOCK HOOD RIVER, OR 97031 TIGARD,OR 97224 - PROVIDENCE HEALTH SYSTEM DAN SPRIGGEL 4805 NE GLISAN ST PORTLAND, OR '97213 180 W. FIRST ST DUNDEE, OR 97115 DAN KEARNS - BILL GROSS fl":�� 11035 SW 135TH AVENUE ) Mai"ed 2/22/96 111 SW 5TH,SUITE 3200 .�0 TIGARD OR 97223 ) PORTLAND,OR 97204 S un � �? it g( PEGGY HENNESSEY 01P\ PO BOX 86100 PORTLAND,OR 97286 PACIFIC CREST CPA95-0005 - • • 9 • AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) City of Tigard ) C I, u Yu bO - ( , hereby certify: Please Print That I am ,c t. e,-e_Lord►.f24._ .for the City of Ti ard, Oregon, cS1x C,� (. That I served notice of the Tigard City Council K n rl1,Qu 01/) ��- a)05/26A) q e5a5e/ — Pace-1,6 C,res-1 t:d iyr a,Ace. ! q6, -0 z of which the attached is a copy (Marked Exhibit A) upon each of the following named persons on the aD day ofd?-:ru- , 19 96 , by mailing to each of them at the address shown on the attached list (Marked Exhibit B), said notice is hereto attached, and deposited in the United States Mail on the (Da—day of , 19 qG , postage prepaid. •. �„ Ca±/11J2i Prepared Notice Subscribed and sworn to before me this .244 day of �ti A%t , 19 c . f"►, OFFICIAL SEAL 1(Y1 l j. _ It./1��*�►•� M JO ANN HA-YES `�` NOTARY PUBLIC-OREGON Notary P is of Oregon �►�;../ C pQ OMMISSION NO.042148 My Commission Expires: Ym qy MY COMMISSION EXPIRES MAY 05,1999 ` h:\login\cathy\afofmail • S CPS qs Y: • Name of applicant 114c r1 C✓ecf ?ay fifty% ae■J PrWicietic.4 tfea/lti 5.I5.1-er++ Subject Property: Tax Map and Lot #. Parcels 1i 3 o f ML. cf_4-odt3 (ii cin- 15 r ,' % At i T.c. •z Q o) Qvd NH-foci-14i IS I 1 341 9C i r.L. `yJe ll, Address or General Location ScAolts PPrry ttul M*i24 ilakilich AFFIDAVIT OF POSTING NOTICE 1, get flue-p 41 , do affirm that I am (represent) the party initiating interest in a proposed etmit•Pia•+ t ZcAavkl Noa, chan,4 affecting the land located at Sells Fe✓ry i NwILi lra1S01-o► , and did on the y II` day of Oct d e r , 19 j personally post notice indicating that the site may be proposed for a Camp. Peon /reAle Map &ant_ application, and the time, date and place of a neighborhood meeting to discuss the proposal. • The sign was posted at Nov tli ba ko ha • TWo 5 iVer s, OIL c UH f a ii.4 s Alit •t ftu sflreeI, a 4 j i c-e n r (state!Oration on property) it, flu Ciabt. av 1f1e Vlb,,J1y Cws{rucfed duildi4cj. This day of , 19 _____,4_/_4. 2.,_L.t__11_________ Signature Subscribed and sworn to, affirmed, before me this I vim` day of 04e-ex- . 19 )5 0,,,,z-m. II, /66,4 os. OFFICIALSEAL Notary Public for the Stat,i Oregon /DIANE MI JELDERKS My Commission Expires: ��7/s9 � NOTARY PUBUC•OREGON r `,T COMMISSION NO 046142 3 MY COMMISSION EXPIRES SEPTEMBER 07,1999 WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: City of Tigard Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 Iogin\jo\postnotcit ti ?5� ;K ri�::.;ti` 2-95 MON 12 :434111 EDWARD & DANA MURPHY 503 968 1674 P. 02 t TING NOTICE :' , :, PACIFIC CREST PARTNERS AND SISTERS OF PROVIDENCE G HEALTH SYSTEM ARE JOINTLY APPLYING FOR A y •, COMPREHENSIVE PLAN AND ZONE MAP CHANGE ON THIS PROPERTY FROM "COMMERCIAL-PROFESSIONAL" TO "COMMERCIAL-NEIGHBORHOOD". Prior to applying . to the City of Tigard fog ..'the change, the applicants .would hike to discuss the proposal in more detail with the surrounding property.owners and, residents, and any interested citizens. You are invited to attend an informational meeting on: THURSDAY, OCTOBEIft 19, 1995 7:00 P11 � T- S g GAD FATHER. PIZZA GGREENWAY CENTER 12286 SW SCROLLS FERRY RD. TIGARTr, OREGON PROJECT DEVELOPER: Daniel Boyden, Pacific Crest /74, Partners, Inc. CONTACT: Ed. Murphy, Planning Consultant PHONE NUMBER: 639-5361 P. 0 • • 3.s � Arid Oin -ea Ss I, ': 1 MEETING PACIFIC CREST PARTNERS AND PROVIDENCE HOSPITAL ARE JOINTLY APPLYING FOR A COMPREHENSIVE PLAN AND ZONE MAP CHANGE ON THIS PROPERTY FROM "COMMERCIAL- NEIGHBORHOOD" TO "COMMERCIAL.PROFESSIONAL". Prior to applying to the City of Tigard for the change, the applicants would like to discuss the proposal in more detail with the surrounding property owners and residents, and any interested citizens. You are invited to attend an informational meeting on: THURSDAY, OCTOBER 19, 1995 7:00 PM GODFATHER'S PIZZA GREENWAY CENTER 12286 SW SCHOLLS FERRY RD. TIGARD, OREGON PROJECT DEVELOPER: Daniel Boyden, Pacific Crest Partners, Inc. CONTACT Ed Murphy, Planning Consultant PHONE NUMBER: 639-5361 v . . ■ 1 V + Stt►TION 34 TI S RI W 3. z'y' - WASHINGTON COUNTY OREGON 'S ;Ty _:. SCALE III= 1 100 • 4.1 cc : ;; • SEE MAP °n 0 ;r> :,M1 ,:, : :� sr $...\ IS 3488 r,.'K 1 '� Q. •Ai,:.'0,L:•,.J. + + .n S'✓ �I O 1. `'F r 76-23194 X L ~ i ' FER � ' Q :S_b SCHOr'. R • •''`^ ;s. 1:.1• a 79-44174 w"•: • 90-51836 == 192.11 1i , 500 \ 300 ;. <; c e 4 01 c. I 1 + Z93 AC ry'�y If :i:. •.gyp o /.99A� 1 ' I I 0 b W =��`�o'4V y «ff ,•m . • • I . I• so ?.�',,,, k ' Nn 115 1 • Cn "''' a I • '.7 tr'. O ' `),V,,): u:, 191:17 yi, � .� , LiwK , • : 1. I 600 C, I I .45Ac. 2 . .� 0 2 O^'C's: — • — _ J w _;.� t ` t L,: . — = "1 6_ _ _ T, t I s 89'5 ,.18•.% _ , 4 0 'ai B/.Qe 33.17 138 • • , 4 T,:, .g 3 „. 49 0c. NE1/4. sE"T10 N 33 TIS RI w WASHINGTON COUNTY, IA, M• OREGON • SCALE 1" ` 1001 _ IS ,1. 60 CANCECLEp Ta 30 0,. "0,2300„ SEE F.• MA51..58 S / 33gq 1. • DRIVE ° TARPAN 101 . ;>i WO `I 41 T1.:5 200 a Cr 71.25 71.28 300 70 Trss TL2s 604— 500 400 + 24 h 900 800 700 _ 0 23 " ; • • 1000 19 20 2, 0 ._..._.... - !al�!7 18 1 4 15 0 16 r..} rr .r* ' S 103 T49'til1 114.45 �,-4 X r - O r /� J'1 j" 7125 T 0 r,., 0 T 1.24 71.25 �/ 4 r- T9-3i58 �� ° 71.25 71.25 1024 p Il TO STATE .,-t��\ �� sexes � � � �. •_�►'� __•► Mf0°IV351.E , IoMte �� '�.'�. V.T. ;`,' .�r,:•,° _ •-, ; ,. • .. i+ o � 2401 .14 Ac. cso.toolcv `F b ,'� ,.T 1.• N 41� a 10800 10900 ','2400 w o _ • ;t •g '' o 2 z ""'pis • ° a p A 24 — •-._ . w a° w ,per 1 t6! 162 163 164 4'- . 1900 9000 9135 g us 165 10 t; 2�pp rso w �� N F• {� • 135 : II5 a �_ t ''f', ,-,— e j• C. 2900 11400 , .`<• F r .- II. •ML• 167 0 �.•. .• der A1ss !. 3100 0 1 ' �: t 16T/ : . /o a f•-- -115eV,, 11144_,,,1 Q t1200 N w 40tc�t� O. S . i ;r 25 400.4. • ('Z • • (PA q6— AFFIDAVIT OF MAILING STATE OF OREGON ) ) SS CITY OF TIGARD ) I, ,EA M urph,,/ , being duly sworn, depose and say that on V cube v 4-I . , 19 AS , I caused to have mailed to each of the persons on the attached list a notice of a meeting to discuss a proposed development at 5-eh ells F{,.ry + Na44l b a ko l-a, , a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office at Main Skeel' TI)a►rod , with postage prepaid thereon. –.NO" — i IMPZIff' I Signature Subscribed and sworn to before me this I O-tI',day of OgfaLe.,--- , 19 9s— . 4++� OFFICIAL SEAL a4J M JELDERKS Q- X(�e `��?� " NOTARY PUBLIC-OREGON Notary Public 1,--,,� COMMISSION NO 046142 My Commission res: cv-7 q MY COMMISSION EXPIRES SEPTEMBER 07,1999 2 h:\login\jo\affmail.crt • EE MEETING NO TICE THURSDAY, OCTOBER 19, 1995 7:00 PM GODFATHER'S PIZZA, GREENWAY CENTER 12286 SW SCROLLS FERRY RD. TIGARD, OREGON October 3, 1995 Dear Neighbor: Pacific Crest Partners and Providence Health System would like to invite you to the meeting noted above to discuss a proposed Comprehensive Plan and Zoning Map change on our properties located at the southwest and southeast corners of Scholls Ferry Road and North Dakota Street. The idea is straightforward. The proposal is to change the zoning on the one acre parcel owned by Providence Health System (St. Vincent's Medical Clinic) from a Neighborhood Commercial zone to a Professional Office zone, reflecting what has actually been built on the property. At the same time, two parcels totaling 47,873 square feet owned by Pacific Crest Partners is proposed to be changed from a Professional Office zone to a Neighborhood Commercial zone, giving the owner the flexibility to include more retail tenants within the building under construction now. On the southeast corner of the intersection, the St. Vincent's Medical Clinic would remain the same after this proposed change in zoning. On the southwest corner, the new building just north of Kinder Care would remain the same as what you are seeing built today, but the tenant mix within the building would generally include more retail and less office uses than the current zoning allows. Note that this request is not a resubmittal of a recent request for a rezone to General Commercial on one of these parcels. Neighborhood Commercial is a more limited commercial zone than General Commercial, and is suitable for smaller scale commercial or service uses such as convenience markets; video rentals, card shops, hair salons, drycleaners, pet stores, eating and drinking establishments (under a Conditional Use permit), and the like. The reason for this proposal is that the City Zoning Code only allows one corner of this intersection to be zoned Neighborhood Commercial. The property upon which the Clinic is located is already zoned Neighborhood Commercial, but it does not need that zone to continue to operate as a medical clinic. This proposal would allow that zone to be switched to the other side of North Dakota, where it is needed for small, neighborhood commercial uses. If you have any questions, please come to the informational meeting, or call me. (Dan Boyden of Pacific Crest Partners has retained my services to be the contact person, and to make the application to the City of Tigard). Ed Murphy, AICP 639-5361 (fax 968-1674) - ..4,.,:„::,..ei..-1,,..:,,i.,,,,,,-.),,, ,,,,,...:,,,,„. , ,-, .-,. .;.-".iAiis. 4:,,-,'' , • '' S:'..::''; ' .. _. ' ..:,: ., 41-::-_.-, '-,, -1-"';'.-"? ,:; etsia::::: '114 1111 - . - •': • i t'.. ' mi■,,..,....,. or;ici.lt eL %111111! 6 5 T riga 1 III liti 5,01:01.> 14 It ST. al us OVitcf CI. all in El g s W. GALL. I I III P E.qc-m"° .. el d - - R I I . ; A 1110gor .- i OW. ITP IlltlgllIl 1. OSP INS 1 1 I I 0 0 A 100111 411 A:39 . 0ielmy111 °25 . Will" i< • RI ua SIM'S 1,1P101111111701.' 6 r ,1 C am 1:,. DowAi... g l issT ' 11P1"1. ,, 4 ). (PpG-c. folt 111/1, , _____ 3 1i • %Kt NM 0 11111111.1 i;Kswps 1 11 40 S:41 dill ME MIN •GAAr,' If ' , Olt-■47 ?III ; all Ali' i. WAlt, iftpir . . V r- - ■ III moot. lititO .**Ip4i MI 0 40a 0 M • Z .... -■w °2 a. 5 MIN* k ul 0 ills& iy: .,tafor4Al.. 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Y, t 3 r F DEPT' OF .TRANSPORTATI i MCDONALD'S .CORPORATION ?` William- DSvidsoa''.: „ 417 Transportation Bldg ?c,-NO-ST 12475 SW: Main St Salem, OR 97310 Chicago, IL 60666 Tigard, OR 97223 /UNITED STATES BANK OF OR .b.- BERSHENGLE ENTERPRISES L ' CORPORATE FACILITIES k• PORTLAND FIXTURE LTDPTN 24 610 Glatt Cir PO Box 8837 A 13635 NW' Cornell Rd #200 . Woodburn, OR 97071 Portland, OR 97208 Portland, OR 97229 . • EQR-WEYER VISTAS INC /SCROLLS TERRACE APARTMEN - CHINOOK INVESTMENT CO PO Box A-3879 f' 633 NW 19th Ave 1777 NE Loop 410 Chicago, IL 60690 Portland, OR 97209 San Antonio, TX 78217 moo • Frederick Niedner . Esther Niedner Evan & Sally Gough ' Frances Heim 10500 SW Tarpan Dr 15750 SW Tarpan Dr 7( 12610 SW Tarpan Dr Beaverton, OR 97008 Beaverton, OR 97008 Beaverton, OR 97008 Dang Phuoc Nguyen Allan Grabinski :f Kim Thi Hang _ 10 Sid Dalai 12640 SW Tarpan Dr 12670 SW Tarpan Dr 12690 SW Tarpan Dr Beaverton, OR 97008 Beaverton, OR 97008 Beaverton, OR 97008 r : Joseph Hua Bui ? SALVATION ARMY CORPORATE _/ Steven Neighorn : . 10623 SW 127th Ct PO Box 8798 4 10635 SW 127th Ct Tigard, OR 97223 Portland, OR 97208 Tigard, OR 97223 f Ying Kuen Pun Siu Ying Chan Vicki Cowan -z David & .Frances Peters' . 10636 SW 127th Ct r 10647 SW 127th Ct 10648 SW 127th Ct Tigard, -OR 97223 Tigard, OR 97223 Tigard, OR 97223 ,. y Chien-Chung Chan Chen-Chi Hu X William Heffelfinger ✓ Sandra Kay Seemann 10659 SW 127th Ct 10662 SW 127th Ct /C 10673 SW 127th Ct Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 ,jc, Phana Luy & Sivy Leav -y Bruce & Eleanor Oitto ; ic Debra Blanchard 10674 SW 127th Ct 10682 SW 127th Ct 10687 SW 127th Ct Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 A Nicolas Naval Sr. x M Patrick Mulligan ,x Keith & Jean Ketterling Nicolas Naval 10690 SW 127th Ct 1070 SW 127th Ct 10705 SW .127th Ct Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 ' •"in• _ - Tom^"..}�.^.� - .. ! .: " !`~{ %'. Thomas Riedner. ''`4 I' Reza Entagh -„y Stephen & Roberta Nopson A Dor Broeckel-Riedaer 10716 SW 127th Ct . 10717 SW 127th Ct 10724 SW 127th Ct / Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 A( Davidson Lease Thompson ✓Jose Bravo PROPERTY VENTURE THE 7 Robert & Ann Beasley Jr. / Ann Tonette Todd 12475 SW Main St f 11312 SW Summer Lake Dr 11334 SW Summer Lake Dr Tigard, OR 97223. Tigard, OR 97223 •Tigard, OR 97223 ✓F Michael Colligan Kristin Colligan i; George & Lusia Madarang 11347 SW Summer Lake Dr 11356 SW Summer Lake Dr Tigard, OR 97223 Tigard, OR 97223 /^y te • f�w so I Kinder Care Learning Center McDonald's Corporation Kinder Care Learning Center 1777 NE Loop 410, #1250 1 McDonald's Plaza 12658 SW Dakota San Antonio, Texas 78217 • Oak Brook, Illinois 60521 Tigard, Oregon 97223 Dr. Nickol, Animal Hospital Ecilawd and M orlw r. 6tAg..w,4.4 12730 SW Dakota Tigard, OR 97223 25-s- So &ti+a,t Blvd: Lot'& OctAkklo, 6A 970tc • Kinder Care Learning Center 1777 NE Loop 410, #1250 San Antonio, Texas 78217 £ZZL6' HO 'PiB611 Lino3 pun!. MS 9S£Z i(.ielooM IEO t'ZZL6 HO `111e6i1 linoO pn0l3 MS 9.1791.1. 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March 20, 1996 CITY OF TIGARD OREGON • Bill Gross 11035 SW 135th Avenue Tigard, OR 97223 RE: Affect of CPA 95-0005/ZON 95-0007 on your property at 135th and Scholls Ferry Dear Bill: This letter is written to explain how the recent Comprehensive Plan Amendment and Zone Change at Scholls Ferry Road and North Dakota Street would affect any future request for a Comprehensive Plan map and Zone Change to "community commercial" at the southwest corner of 135th and Scholls Ferry, due to the proximity of the two sites to each other. More specifically, how the rezoning of parcels 1 and 3 of MLP 94-0013 from Commercial-Professional,to Commercial-Neighborhood under CPA 95-0005/ZON 95-0007 would affect the potential to amend the Comprehensive Plan and Zoning map on tax lot 100 (map 1S1 33CA), to "community commercial". The Tigard Comprehensive Plan, Section 12.2.1.4B.(1) (b) (on page 11 - 84-1) states that "community commercial districts shall be spaced at least one-half mile from other sites that are designated for commercial retail use." The Tigard Development Code, Section 18.62.010 (page 124-1) states that, "community commercial centers are intended to be separated from other commercially zoned properties which provide retail and service opportunities by at least one-half mile." The property you own at 135th and Scholls Ferry Road (map 1S1 33CA, tax lot 100) is just over one-half mile from the commercial zoning at the southwest quadrant of 135th and North Dakota (tax lots 1, 2 and 3 of MLP 94-0013). This was indicated when the original community commercial district provisions were adopted. Only two potential sites existed that met the criteria, the property you own and one site further west on Scholls Ferry Road. Therefore, the locational criteria in the Comprehensive Plan and the Development Code for community commercial zoning is currently met for your property, even with the recent Comprehensive Plan Amendment and Zone change, since the two sites are over one-half mile apart. The recent Comprehensive Plan Amendment and Zone Change had no effect on the distance from your site. It was already commercial. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • I hope this letter answers your questions. If I can be of further assistance, please let • me know. Sincerely, 24 „Jr. James N.P. Hendryx • Community Development Director i:\curpinkdiddbgross.let • • C: Tim Ramis Dan Boyden . Ed Murphy Peggy Hennessy • File: CPA 95-0005/ZON 95-0007 • OPP /6- °°°6- 16- o 0 0 _ �,.. �; � = 020CT'96 . t 1� 28 1 BEFORE THE LAND USE BOARD OF APPEALS 2 OF THE STATE OF OREGON n X 4 BILL GROSS, ) 5 ) 6 Petitioner, ) 7 ) 8 vs. ) 9 ) LUBANo. 96-052 10 CITY OF TIGARD, ) ' 11 ) FINAL OPINION 12 Respondent, ) 'AND-ORDER 13 ) 14 and ) 15 ) 16 PACIFIC CREST PARTNERS, INC. , ) 17 ) 18 Intervenor-Respondent. ) 19 20 21 Appeal from City of Tigard. 22 23 Peggy Hennessy, Portland, filed the petition for review and 24 argued on behalf of petitioner. With her on the brief was 25 Reeves, Kahn & Eder. 26 ` ' ? 27 No appearance by respondent. V) 28 29 Jack L. Orchard and Christen C. White, Portland, filed the 30 response brief and argued on behalf of intervenor-respondent. ' 31 32 GUSTAFSON, Referee; LIVINGSTON, Referee, participated in 33 the decision. 34 35 AFFIRMED 10/02/96 36 37 You are entitled to judicial review of this Order . 38 Judicial review is governed by the provisions of ORS 197 . 850 . Page 1 , , 01)0098 411 • 1 Opinion by Gustafson. 2 NATURE OF THE DECISION 3 Petitioner appeals the city' s approval of a comprehensive 4 plan amendment and zone change application. 5 MOTION TO INTERVENE 6 Pacific Crest Partners, Inc . (intervenor) , the applicant 7 below, moves to intervene on the side of respondent. There is 8 no opposition to the motion, and it is allowed. 9 FACTS 10 Intervenor requested approval from the city of a 11 comprehensive plan and zone change amendment, which changes the 12 plan and zoning designations on two contiguous parcels, totaling 13 approximately 1. 1 acres, from Commercial Professional (C-P) to 14 Neighborhood Commercial (N-C) ; and changes the plan and zoning 15 designation on a third contiguous parcel of approximately 1 . 0 16 acres from Neighborhood Commercial (N-C) to Commercial 17 Professional (C-P) . As intervenor describes the application, it 18 is essentially a "zoning exchange" between nearly identical 19 acreages. 20 The planning commission considered the application at a 21 hearing on December 18, 1995 . Petitioner did not appear, and 22 did not submit any written testimony during that hearing. There 23 was some opposition testimony, but there was no request to have 24 the record left open following that hearing. In accordance with 25 city procedures, the planning commission recommended to the city 26 council that the application be approved. Page 2 )1. 1 0 0 0 U ,r‘ 5 . • 1 On January 23 , 1996 , the city council held a de novo 2 hearing on the application. The notice of the city council 3 hearing stated, in part, that 4 "any participant in the hearing may request that the 5 record remain open for at least seven days after the 6 hearing. " Record 126. 7 This language is identical to that used in the notice for the 8 planning commission hearing. Record 188 . 9 Petitioner did not attend the city council hearing, and no 10 opposition to the application was voiced during that hearing. 11 However, on the day of the hearing petitioner submitted a 12 letter, with exhibits, which was entered into the record of the 13 proceeding. In addition to expressing concerns not raised here, 14 petitioner ' s letter concludes, "I request that the record for 15 the application remain open for seven days to admit [sic] more r 16 evidence * * * . " Supplemental Record 1 . Petitioner ' s letter 17 does not identify what issues he sought to address or how those 18 issues might relate to the material submitted with his letter. 19 The city council denied petitioner ' s request to have the 20 record left open, finding that no new evidence relevant to the 21 applicable approval criteria had been submitted during the city 22 council hearing. Record 78-79 . The city council then approved 23 the application. 24 Petitioner appeals that approval. 25 FIRST ASSIGNMENT OF ERROR 26 Petitioner contends the city council was obligated to leave 27 the record open for seven days upon petitioner ' s request . Page 3 Gt , C . 00 • 111 • 1 Petitioner argues the city' s failure to leave -the record open • 2 violates ORS 197 . 763 (6) , petitioner' s due process rights, the • • 3 city' s comprehensive plan policy 2 .2 . 1, and the city' s -Community 4 Development Code (CDC) 18 . 22 . 040 (A) (1) . 1 Plan policy 2 . 2 . 1 5 requires the city to assure that citizens will be provided an 6 opportunity to be involved in all phases of the planning 7 process, and CDC 18 . 22 . 040 (A) (1) requires that zone change 8 requests comply with applicable comprehensive plan policies. 9 Petitioner acknowledges that the ORS 197 .763 (6) requirement 10 that the record remain open for seven days upon request, applies 11 only to the initial evidentiary hearing. See ONRC v. Orecon 12 City, 29 Or LUBA 90 (1995) . However, petitioner argues that it 13 nonetheless should apply in this case "because there was an 14 express representation by (the city] that the record would 15 remain open upon request. " Petition for Review 8 . (Emphasis in 16 original. ) 17 The wording of a local hearing notice cannot alter the 'ORS 197.763 (6) states, in part: • " (a) Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional evidence or testimony regarding the application. The local hearings authority shall grant such request by continuing the public hearing pursuant to paragraph (b) of this subsection or leaving the record open for additional written evidence of testimony pursuant to paragraph (c) of this subsection. ° (c) If the hearing authority leaves the record open for additional written evidence cr testimony, the record shall be left open for at least seven days. * * *• Page 4 A.14 0" 0101 • • 1 requirements of a state statute. ORS 197 .763 (6) obligates the 2 local government to leave the record open upon request only 3 after the initial evidentiary hearing. Language in a local 4 notice cannot create additional requirements under that statute. 5 The city council was not required to leave the record open under 6 ORS 197 .763 (6) . 7 Petitioner further reasons that because the language of the 8 planning commission notice is identical to the language of the 9 city council notice, and because during the initial planning 10 commission hearing the planning commission would have been 11 obligated under ORS 197 . 763 (6) to hold the record open upon 12 request, the city council should also be so obligated. 13 While the language of the hearing notices is identical, 14 nothing in the notice language indicates an intent by the city 15 to impose the ORS 197 . 763 (6) requirements after the initial 16 evidentiary hearing, and the notice language itself does not 17 create a requirement that the hearing body leave the record 18 open. Although the notice language certainly alerts hearing 19 participants to the opportunity to request that the record 20 remain open, it does not in itself guarantee that in all 21 instances that request will be granted. Rather, the obligation 22 to hold the record open comes from the statute, and applies only 23 to the initial evidentiary hearing. The fact that the notice 24 language is identical does not create an additional requirement 25 during a second evidentiary hearing, which is not compelled by 26 the notice language. Under the language of the notice, the city Page 5 01 ) 01 0 9 • • • 1 council during a second evidentiary hearing was entitled to 2 evaluate the merits of petitioner ' s request to have the record 3 remain open. 4 Petitioner argues he was deprived of his procedural due 5 process rights by the city' s denial of his request to leave the 6 record open "because, in reliance on (the city' s) representation 7 that such a request would be granted, he failed to submit 8 additional evidence showing non-compliance with the approval 9 criteria prior to the close of the record. " Petition for 10 Review 8 . Petitioner argues the city' s failure to leave the 11 record open also violates the city' s comprehensive plan policy 12 2 . 1 . 1 and CDC 18 . 22 . 040 (A) ( 1) because "stating that a 13 participant will have at least a week to submit written 14 evidence, then revoking that opportunity results in a failure to 15 assure the chance for public participation at the final stage of 16 the planning process. " Id. 17 Petitioner has misconstrued the city ' s notice . The 18 language of the notice upon which petitioner relies does not 19 state or represent that the city would automatically grant a 20 request to have the record remain open following the city 21 council hearing. Nor has petitioner established that the city 22 "revoked" an opportunity that the city had guaranteed him. 23 Petitioner has also not established that the city somehow 24 precluded him from participating in the hearings process, at 25 either the planning commission or city council levels, or that 26 by the city' s actions he was not able to submit evidence and Page 6 000 133 • 1 testimony prior to the close of the city council hearing. 2 Petitioner has established no violation of any procedural due 3 process rights , or any violation of the city ' s public 4 participation plan policy or CDC. 5 The first assignment of error is denied. 6 ASSIGNMENTS OF ERROR TWO THROUGH SIX 7 In five remaining assignments of error, petitioner asserts 8 the city misconstrued the law, made findings not based on 9 substantial evidence in the record and/or made inadequate 10 findings in numerous respects. To the extent petitioner has not 11 waived his right to raise these issues under ORS 197 . 835 (3 ) by 12 failing to raise them before the city, none of petitioner ' s 13 allegations establish any basis for remand or reversal of the 14 city' s decision . We do not review them further . ORS 15 197 . 835 (16) . 16 Assignments of error two through six are denied. 17 The city' s decision is affirmed. Page 7 000104 Al • IIM • 1 CERTIFICATE OF MAILING 2 3 4 I hereby certify that I served the foregoing Final Opinion 5 and Order for LUBA No. 96-052, on October 2, 1996, by mailing to 6 said parties or their attorney a true copy thereof contained in 7 a sealed envelope with postage prepaid addressed to said parties 8 or their attorney as follows: 9 10 Peggy Hennessy 11 Reeves, Kahn & Eder 12 PO Box 86100 13 Portland, OR 97286 14 15 Timothy V. Ramis 16 O'Donnell, Ramis et al. 17 1727 NW Hoyt Street 18 Portland, OR 97209 19 20 Jack L. Orchard 21 Christen C. White 22 Ball Janik 23 Suite 1100 24 101 SW Main Street 25 Portland, OR 97204 26 27 Dated this 2nd day of October, 1996 . 28 29 30 31 32 /7' t!/ y&-c-</rt-a- 33 D. Renee Young �� 34 Administrative SpecialYst • • 111E5 0110105 MOTION by Councilor Hunt, SECONDED by Councilor Scheckla, to deny the application. r'y The motion was approved by a unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes.") 6. PUBLIC HEARING (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE:CPA 95-0005/ZON 95-0007 - PACIFIC CREST/PROVIDENCE A request to amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. Location: Southwest and southeast corners of Scholls Ferry Road and North Dakota. Applicable Review Criteria: Comprehensive Plan policies 1.1 .2(2) 2.1 .1, 5.4, 8.1 .1, 12.2.1 (1 ) and 12.2.1 (3); Community Development Code Chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. Zone: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/ Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. Mayor Nicoll read the hearing title. He noted that the Council has already' taken previous action on this and that tonight was only to review the findings to finalize the Council action. a. Staff Update: Community Development Department Mr. Valone stated that on January 23, the Council did approve the land zone designation swap proposed by Pacific Crest and Providence Health Systems. He said that the ordinance and final order prepared at Council direction were in the council packet. He recommended adoption of those documents. b. Council Consideration: Ordinance No. 96-4 MOTION by Councilor Hunt, SECONDED by Councilor Scheckla, to adopt Ordinance No. 96-04. Ord No. 96-04. an ordinance adopting findings and conclusions to approve a Tigard Comprehensive Plan amendment and zone change requested by Pacific Crest Partners and Providence Health Systems, CPA 95-0005/ZON 95-0007. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 22 • Mayor Nicoli noted that at the last meeting Councilor Rohlf had withdrawn from participating in this action, and that Councilor Moore did not participate either. The motion was approved by a unanimous vote of the three Councilors taking part. (Mayor Nicoli and Councilors Hunt and Scheckla voted "yes.") 7. PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION (ZCA) 95-0008 CLARICE A request to annex two parcels of 2.14 acres into the City and change the zoning from Washington County R-6 to City of Tigard R-7. Location: South of S. W. Fern Street just west of S.W. 135th Avenue. The two parcels are separated by two other properties. Applicable Review Criteria: The relevant review criteria in this case are Comprehensive Plan Policies 2.1 .1 - Citizen Involvement; 10.1.1 - Service Delivery Capacity; 10.1.2 - Boundary Criteria; and 101 .3 - Zoning Designation. Also Community Development Code Chapters 18.136 - Annexation Requirements; and 18.138 - Land Classification of Annexed Territory. Zone: Presently Washington County R- 6. a. Open Public Hearing Mayor Nicoli read the hearing title and opened the public hearing. b. Declarations or Challenges No Councilors reported any ex parte contact or site visits. They all indicated that they had familiarized themselves with the application. There were no challenges. c. Staff Report: Community Development Department Mr. Valone presented the staff report. He reviewed on the map the location of the two parcels under consideration for annexation. He said that the west parcel had a single family residence occupied by the owners while the east parcel was a vacant lot. The owners were requesting annexation by a double majority method to connect to the sanitary sewer service. Mr. VaIone stated that the annexation request did comply with all applicable City policies and Boundary Commission requirements. The parcel would be designated Tigard R-7 with the same density per lot as its current designation of Washington County R-6. He said that there were adequate facilities available to service the lot and that all appropriate parties were noticed. He recommended that the Council adopt the resolution and forward the request to the Boundary Commission. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 23 f TIGARD CITY COUNCIL MEETING FEBRUARY 13, 1996 - 6:30 PM MINUTES • STUDY MEETING > Executive Session: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1 ) (d), (e), (f), at (h) to discuss labor relations, real property transactions, exempt public records, and current 8t pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. > - Five-Year Financial Plan Status • Finance Director Wayne Lowry, Finance Director, updated the Council on the five- year plan for a financial perspective for the goal setting process. Since.1981, City of Tigard has worked with 5-year plans. He reviewed the 5-year plans since 1981, noting that the current 5- - year plan would take the City through the year 2001. He stated that Year One of the current plan began on July 1, 1996. Mr. Lowry said that the plan was designed to go before the voters every five years, though that was not a legal requirement. He explained that the Council at the time was responding to the voters getting tired of governments constantly asking for more money. The City put together a responsible plan and promised not to come back to the voters for five years. Mr. Lowry distributed copies of the ballot title that went before the voters. He noted the commitments made to police and library in the title. Mr. Lowry reviewed the assumptions in the plan, including adding three police officers a year for the next six years and having $1 million dollars reserved in the general fund at the end of the fifth year. Mr. Lowry explained that the increased tax base (passed in November 1994) would not take effect until July 1, 1996. If the Council chose to levy less than the voter-approved amount, it would affect the plan. Mr. Lowry reviewed the general fund revenue sources received from the State: cigarette tax, liquor tax and State shared revenues. He explained that they assumed in the plan that they would lose those revenues ($550,000 to $600,000 a year) because in 1994 it looked like the State would be keeping the CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 1 • a. money. However, the City did not lose the money and staff put it back into the plan in Year Six and in Year One. He said that they also added a couple more positions in Year Six. Mr. Lowry explained that the commitment made to the public was that if the shared revenues are unexpectedly continued after 1996, the Council would extend the five year commitment to the voters based on the amount of shared revenues received by the City. He said that there was a potential of $2.2 to $2.5 million dollars in additional revenues to this plan over the five • years. Mr. Lowry explained that the five year plan was essentially a _ mechanism that allowed him to tell the Council what effect a decision they made today would have on the future of the general fund. He noted that there were costs involved in moving things forward in the plan and that the plan was the framework around which future budgets should be built. Mr. Lowry commented that this was the .62 cents plan; down from the original November 1994 proposal of .94 cents. If the Council decides to do something that was not in the plan, there were financial implications to the change. The plan also made certain assumptions about levels of service. Mr. Lowry stated that any change on the expense side of the plan had to be matched with a change on the revenue side or with some other change offsetting the increase in expenses. Councilor Scheckla asked if revenue sharing was designated for a certain area. Mr. Lowry said that all the revenue sources for the general fund would be used to fund general fund services; those services were mainly police, library and parks. Mayor Nicoll asked if the City would have extra unexpected money coming in if they didn't lose the $600,000 and did nothing different on the spending side. Mr. Lowry said that they included two years of revenue sharing dollars in the plan and added some positions that weren't in the original plan. He stated that they checked with all departments in November and identified what changes to the plan have occurred. He said that when those changes were factored in, they had $800,000 or $900,000 dollars remaining at the end of the plan, which was the target. Councilor Scheckla asked if there was any reason to assume that revenue sharing would be discontinued in the future. Mr. Lowry said that he did not know. The State seems to have been able to fund schools since Measure 5; however, the Finance Director said CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 2 • • he was only willing to put the State shared revenues back into the plan every two years. Bill Monahan, City Administrator; raised the issue of Budget Committee meetings. The Council discussed it and decided to schedule an initial meeting for Thursday, March 7, from 6:30. p.m. to 8:30 p.m. for orientation and the social agency presentation. At that time they would decide on the other meeting dates. Mayor Nicoli suggested that Mr. Lowry poll the Budget Committee members on meeting on March 7. In response to a concern raised by Mayor Nicoli, Mr. Monahan said that they would check on the hearing scheduled for March 26 and reschedule the items on the March 26 agenda to avoid a meeting during Spring Break. > City Hall Roof Councilor Hunt asked if all the contractors were aware that they could submit a different proposal other than for the metal roof preferred by Council. John Acker stated that he talked with all three of the bidders about the preference for a metal roof and all three commented that there might be less expensive ways to do the roof. He said that he told them that they could submit alternative bids along with the metal roof bid. Councilor Hunt asked if the architect for the City Hall roof was the same architect that did the work on the senior center. He said that he wanted to know because he did not think that the details were handled well at the senior center. Mr. Acker said that he did not know if it was the same architect but that he would find out. Mayor Nicoli suggested inviting the architect to the next Council work session for an informal visit. Councilor Hunt asked if a decision was made on which of the two options the City would take. He noted that this bidder was higher on the metal roof, though lower on the alternative roof. If they chose the metal roof, they would not be giving the contract to the low bidder. Mr. Acker explained that the City was not required to choose the low bidder when dealing with a personal services contract like this. He said that he chose this bidder over the others because he thought he had the clearest and most detailed scope of services. It indicated specifically what the bidder would be doing for the City. That included three different elevations of metal roofs so that the City could see what it might look like. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 3 t ,_ • • > Storm update Mr. Monahan explained the need for a resolution declaring a state of emergency in order to get FEMA funds to help with the storm damage. He said that they were not sure what the damage was yet but that once the water receded from Cook Park, they would and assess the damage. Ed Wegner, Maintenance Services Director, reported that they had major problem areas due to the storm. These included major flooding at Cook Park, a water supply issue and a mud slide on 99W. He said that the City responded to the mudslide because ODOT made it a lower priority. Mr. Wegner reviewed the concerns at Benchview Place where a house was sliding down the hill. He said that the Community Development Department has worked on the structure. A major problem was the storm drainage system running behind the house that collapsed due to the ground shifting. He said that they made a makeshift catch basin to handle any additional storm drainage and were monitoring the situation. Mr. Wegner said that the sanitary sewer line that ran right behind the home has also moved. They would TV it every Friday to see how much movement there was. He stated that they have been working with USA and had a contingency plan in case the whole sanitary system collapsed; this system served not only the Benchview area but also the Three Mountains Estates. Councilor Scheckla asked if the people have been evacuated from the house. Mr. Wegner said yes, and that the house had been "red tagged" since Thursday. He noted that there had been some potential damage to the neighbor to the north but that an engineer worked with the homeowner to take of the problem. Mr. Wegner stated that the other storm related problem was the water supply, which might or might not continue to be a problem. He said that Lake Oswego had shut down its plant several times during the storm event due to the turbidity of the water; until today, Tigard had been buying water from Lake Oswego and using storage. He stated that on Sunday, Tigard began selling water to Tualatin. He noted that even though the Bull Run water supply was shut down and ground well water used as well as water conservation requested, no one using Bull Run or Clackamas River water had had to boil water. Mr. Wegner said that even though Portland had lifted its water crisis alert, but Lake Oswego shut down its plant because of a diesel fuel spill on the Clackamas River this afternoon. Tigard started buying water from the Tualatin Valley system this CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 4 • • afternoon but hoped that the Lake Oswego plant would be back online by early morning. He said that Tigard's water storage did not drop below 50% until today when it dropped to 49%. Mr. Wegner said that they would continue to monitor the situation. They were pumping over 1 million gallons a day from their own wells. In response to questions from Councilor Scheckla, Mr. Wegner said that the only Cook Park would have structural damage resulting from the flood, citing the restrooms and noting the large sinkhole that has appeared in the soccer parking lot. Summerlake Park and Woodard Park would have only ground maintenance damage. In response to.a question from Councilor Rohlf, Mr. Wegner said that he doubted they still had a ramp to the dock but that hopefully the dock was still there. Mr. Wegner reported that they delivered barricades Friday evening to Tualatin and have lent them Tigard's forklift and one of their dump trucks. Mayor Nicoli reported that Tualatin has asked for assistance for building inspections for damaged structures; qualified City staff would be sent. Mr. Wegner commented that Tigard had been fortunate and that by Friday night, the emergency had been nearly wrapped up. Councilor Scheckla asked if the apartments flooded on Bonita Road had been evacuated. Mr. Wegner said that the City had not officially evacuated anyone other than the one residence on Benchview. Mayor Nicoli asked if most of their costs were reimbursable by FEMA. Mr. Wegner said that he didn't know yet. He stated that they have received instructions to begin keeping records and gathering data. He reported that sometime after the 19th, a meeting would be held in Salem to inform jurisdictions what was or was not reimbursable. John Acker would meet with the highway people tomorrow to find out about federal funds for City streets damaged during the flood. Councilor Scheckla asked if it was possible to get some funds to replace Tiedeman Bridge and the bridge on Grant between Tigard and Johnson streets. Mr. Wegner said that he would find out. Mr. Monahan reported that another continuing cost they might have related to storm debris collection. Metro has asked local jurisdictions to set up collection areas. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 5 • Mr. Wegner commented that sand bags contaminated with petroleum would be declared hazardous waste and disposed of separately. Update on Transportation Issues in the Triangle Area • Community Development Director Jim Hendryx, Community Development Director, distributed copies of a memo updating the status of the Tigard Triangle area. (Copy of memo on file with the Council packet material.) He reviewed the steps in the memo, noting the request for consultant assistance to package all the transportation recommendations developed in the past two years, the intent to institute mixed use zoning for the Triangle, and the public involvement process. Mr. Hendryx noted that the project would begin now with wrap up in September. He said that they would need an additional $10 to $15,000 to complete the project as outlined. He mentioned the scope of work attached to the memo. He said that, based on Council direction, he could come back to the February 27 meeting for action and then start getting proposals. Mayor Nicoli asked for the timeline in a graphic form to make it easier for citizens to understand the process and when things were supposed to be accomplished. He asked if wrap up in September meant it would then go to the Planning Commission. Mr. Hendryx said that it would go to the Planning Commission in late September or early October; the intent was to have the project wrapped up before the end of the year. However if something controversial came up, room has been allowed for additional hearings. Councilor Hunt asked how involved Metro and ODOT were in this phase. Mr. Hendryx said that the intent was to have them involved. He was meeting with Bruce Warner of ODOT and Andy Cotugno of Metro tomorrow and hoped to have them involved in the first hearings. He commented that the State was very interested in Tigard's adopting the tool box because it was the first time it has been done in the State and would serve as a template for other jurisdictions. Mr. Hendryx said that they have sent out requests for consultants to a variety of firms to get a broad representation. Mr. Hendryx stated that he heard a commitment from Council to staff to go forward; he would return with the necessary paperwork on the 27th. In the interim, staff would finalize the scope of work and get it out as soon as possible. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 6 • • Non-Agenda Items Mr. Monahan said Council would need to consider a resolution declaring a state of emergency because of the storm. Mr. Hendryx mentioned the issue of the coordination with the County Park Advisory Committee regarding the site up on Bull Mountain. He suggested proposing joint funding of the site as a way to split the costs for the 13 acre parcel. Councilor Hunt said that he could not support spending all their money on the Bull Mountain area and would rather see it spread through the City. He commented that a lot of people voted for trail upgrades. He stated that he would vote against this when it came up. Mayor Nicoli.commented that this was an opportunity to cut the cost of the property in half. He said that they didn't need to buy the entire property; they could split some portions off from it. Councilor Scheckla mentioned that recently some people who offered to donate $32,000 to buy some property off Hall Blvd if the City would match the funds withdrew their offer when the City said they didn't necessarily want the entire property. Mr. Hendryx said that all they were doing was asking the County to consider a joint venture. He said that he thought they should try for as many joint ventures as possible to stretch everyone's dollars further. He stated that asking the County to consider this did not bind the City into an agreement. -- Liz Newton, Assistant to the City Administrator, reported that staff talked to the West CIT about this issue. She thought that the West CIT would like the City to encourage the County to do a joint venture to stretch the dollars further. Both the City and the County had additional sites they were considering. She suggested rewording the letter to encourage a joint venture. Mayor Nicoli proposed that they ask the County to consider a joint venture. He said that he thought it was wise and that the City could double its money. Mr. Hendryx clarified what the letter said. He stated that it asked that as the County went through its selection process to consider working with the City on a joint project. It was an attempt at a cooperative effort since both jurisdictions were looking at similar service areas, rather than an attempt to commit to a specific site. Mr. Hendryx said that they would rewrite the letter. . > Agenda Review Councilor Moore stated that he would remove himself from the Briar Development hearing because of a conflict of interest; he'd been on the CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 7 • I Planning Commission that reviewed it. However he would participate in the Future Shop hearing since the Council was looking at a different issue than what the Planning Commission had reviewed. 1. BUSINESS MEETING 1.1 Call to Order - City Council at Local Contract Review Board Mayor Nicoll called the study session to order at 6:31 p.m. 1.2 Roll Call Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. Staff present: City Administrator Bill Monahan; Property Manager John Acker (Study Session only); Acting City Engineer Gary Alfson; Jim. Hendryx, Community Development Director; Finance Director Wayne Lowry (Study Session only); Nadine Smith, Senior Planner; Assistant to the City Administrator Liz Newton; Tim Ramis, City Attorney;, Maintenance Services Director Ed Wegner (Study Session only); Police Chief Rob Goodpaster; and City Recorder Catherine Wheatley 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items City Administrator Monahan said that staff would like to add two items: a resolution declaring a state of emergency, and a request to coordinate with the Washington County Parks Advisory Committee. 2. a. OATH OF OFFICE - BRIAN MOORE Mayor Nicoli administered the oath of office to Brian Moore. b. SPECIAL ACKNOWLEDGMENT - TEACHER OF THE YEAR - CINDY RUSSELL, TIGARD HIGH SCHOOL • Introduction: Mark Kubiaczyk, Tigard High School Principal • Presentation: Mayor Nicoli Mr. Kubiaczyk introduced Cindy Russell, the teacher who won the National High School Association's Teacher of the Year award for her efforts in school reform and excellence in teaching. Ms. Russell thanked Mr. Kubiaczyk for nominating her for the award and encouraging her to remain in Tigard. She said that Tigard High School has made great strides in school reform and expressed her appreciation at being part of it. Mayor Nicoli presented a certificate and some small gifts to Ms. Russell and expressed the community's pride in her for winning a national CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 8 • • award. Mayor Nicoli recessed the meeting at 8:45 p.m. Mayor Nicoli reconvened the meeting at 8:49 p.m. 3. VISITOR'S AGENDA Gene McAdams, 13420 S.W. Brittany Drive, Tigard, spoke on the 130th and Winterlake bridge and street improvement projects scheduled for construction this summer. He said that former City Engineer Wooley had told him that he thought that work on the projects would start in March. He asked if the City has set dates for public review of the bridge plans. Mayor Nicoli stated that they had not set any dates for public review. He said that the Council had authorized staff to go forward on the timeline without a final review of the project by Council, as was the normal procedure. In this instance, Council also.promised a neighborhood meeting to allow residents to see the final documents. Mr. McAdams asked when the Task Force and public would be notified regarding the street improvements and associated amenities plans. He said that that project would require coordination with the public; the public and the Task Force should look at those plans before their final approval. He said that he was anxious to get started on this because he knew that early advertisement on bridge projects helped to get the best deal for building one. 4. CONSENT AGENDA 4.1 Approve City Council Minutes: January 9, 16, 1996 4.2 Receive and File: a. Tentative Agendas b. Council Calendar 4.3 Approve Implementation of Classification/Compensation Study Results and Recommendations for the Management and Professional Staff - Resolution No. 96-06 - MOTION by Councilor Hunt, SECONDED by Councilor Scheckla, to approve the Consent Agenda. The motion was approved by a unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes.") 5. PUBLIC HEARING (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE CPA 95-0003/ZON 95-0005 BRIAR DEVELOPMENT A request to amend the Comprehensive Plan map from Medium-High Density Residential to General Commercial and change the zoning from R-25 to C-G on 9 acres of a 15.14 acre parcel. Location: Southeast corner of S.W. Scholls Ferry Road and S.W. 135th Avenue (WCTM 1 S 1 33AC, Lot 8000). Applicable Review Criteria: Comprehensive Plan policies 1.1.2(2), 2.1.1, CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 9 • • 4.1.1, 5.1, 5.4, 6.1.1, 8.1.1, 8.2.2 and 12.2.1(2); and Community Development Code chapters 18.22 and 18.32. Zone: C-G (General Commercial) -- allows for several commercial uses including convenience sales and services, eating and drinking establishments, food and beverage retail sales, general retail sales, and medical and dental services. a. Continue Public Hearing from the January 23, 1996 Council Meeting Mayor Nicoli read the hearing title, reviewed the hearing procedures and opened the public hearing. b. Declarations or Challenges Councilor Moore removed himself from this hearing because he had been a member of the Planning Commission which heard this application and because he had not attended the first Council hearing. The Councilors reported no ex parte contact. They indicated that they had familiarized themselves with the record. There were no challenges. b. Public Testimony Mayor Nicoli explained that this meeting had been continued to allow the applicant to rebut. He asked for a brief report from staff to,update the additional information received by Council in the interim. Ray Valone, Associate Planner, reviewed Council's direction at the January 23 meeting to staff to provide copies of CPA 91-0003/ZON 91-0006, the Albertson's application for a zone change. He stated that copies of the August 1991 transportation analysis and its October 1991 addendum, and a set of tax assessors maps used for notification of area residents that were part of the 1991 case were not provided to Council because staff deemed them irrelevant to the purposes for which Council had requested the file. He said that they could be made part of the record if Council chose to do so. Mr. Valone said that because the Albertson's file did not include any information about the outcome of the hearing, staff researched the Planning Commission minutes of November 4, 1991 and December 16, 1991 when the case was heard. He stated that the relevant portion of those minutes have been provided both to the applicant and to the opponents' attorney, and were available to Council from the City Recorder. Mr. Valone reviewed the outcome, noting that the Planning Commission voted unanimously to direct staff to work with the applicant, all others in the Scholls Ferry area that had previously applied for a rezone and been denied, the NPOs, and those parties interested in the development of a new plan in zoning designations. He said that though the Commission voted to continue the hearing to a later date, no further hearings were held on the matter. He stated that CITY COUNCIL MEETING MINUTES -'FEBRUARY 13, 1996 - PAGE 10 • the minutes excerpts could be made part of the record as Council's discretion. Rebuttal Joel Gordon, Briar Development Company Director of Development, reviewed the applicant's efforts in working with staff and other agencies for more than a year. He said that they held three community meetings to garner community input, and had been told that there wasn't sufficient interest in the CIT to warrant addressing that group. He stated that they received no negative feedback from the neighborhood at the Planning Commission, and that the opposition at the first Council hearing had been coordinated by economic competitors seeking to protect their territory. Mark A. Vandehey, lUttleson 8[Associates, 610 SW Alder, Portland, stated that he was a professional traffic engineer. He referenced his written response to the issues raised by the opponents at the January 23 hearing. He said that he disagreed with virtually all of the issues raised by Mr. Bernstein, contending that there were technical errors. with respect to his trip generation estimates that invalidated his basic premise. Mr. Vandehey pointed out that Mr. Bernstein became involved with this project for only one week prior to the January 23 hearing, and that he collected no field data, did not talk to them about their analysis, or present any technical analysis demonstrating that the surrounding street system was inadequate to support the proposed zone change. He stated that they have been working on this project for almost a year and have collected operational field data at the study intersection. In addition, they have met with both Washington County and City of Tigard staff who agreed that the assumptions used in their analysis of both the proposed development and a worst case scenario were in fact conservative. Mr. Vandehey stated that they discussed with staff assumptions regarding trip distribution and trip assignment as well as the traffic operations in the existing conditions and in the 2005 scenario. He said that they developed an access scheme which both the County and the developer felt met the access needs of the development and protected the capacity of Scholls Ferry Road. He said that the Washington County engineers and planners concluded that the proposed development would have similar or less severe impacts on the critical intersections on Scholls Ferry than the apartment complex allowed for under the current zone designation. Mr. Vandehey addressed the issue of neighborhood traffic impacts. He said that they thought that this site was ideally located because it was accessible to the surrounding neighborhood by pedestrians and autos yet did not promote an increase in non-local traffic within the CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 11 • • neighborhood. He stated that they thought so for two reasons: the access scheme was designed to facilitate movements to and from Scholls Ferry and 135th, and the City was part of the 130th construction project which had proposed traffic controls designed to restrict movements in the Summerlake neighborhood. David Leland, Managing Director of the Leland Consulting Group, reviewed the qualifications and experience of the firm in serving both public and private clients. He said that they were asked to examine the trade area zone graphics, analyze the public need and look at the availability of vacant commercial land that might accommodate this grocery store. Mr. Leland reviewed the specifics of their September 1995 submittal that used three methods to analyze the trade area to determine public need. He reviewed objections raised by the opponents regarding the model they used and the size of the trade area. He said that they did cut back on the size of the trade area, and conducted additional analysis. He explained that the Riley gravity model referred to by the opponents did not measure public need; therefore, they used the shared space model that did. Mr. Leland noted the fast growing population in the area and its effect on retail patronage. He stated that they used a very conservative approach in all of their analyses. Mr. Leland reviewed the "four C's" of successful retail: convenience, cost, cleanliness and courtesy. He said that the reason why Portland had small stores that remained profitable was because Portland was running out of land, and therefore competitors couldn't come in and destroy the numbers. Mr. Leland pointed out that the interest of several major grocery chains in this area indicated a public need. He referenced a comparison of the square footage of stores to population as studied within a two mile radius in Tigard, and in the Cities of Eugene and Beaverton. Mr. Leland reviewed the different analyses they did on the trade area. Their conclusion was that this area would need another two stores by 1997 and a third by 1999 to serve this rapidly growing area adequately. Mr. Leland addressed the issue of the availability of space. He said that the Comprehensive Plan stated that Tigard had a shortage of commercial land. He pointed out the location of the remaining commercial zones in both Tigard and Beaverton, and contended that none of them were large enough to accommodate a full service grocery store by today's standards. Mr. Leland restated the points he made during his presentation, CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 12 • particularly emphasizing the need for more grocery stores in the area. He stated that one could not necessarily conclude that there was no public need simply because the two current stores were underperforming. Mr. Gordon stated that their proposal was consistent with the applicable criteria for a Comprehensive Plan amendment, with past decisions of the Council, with good land use planning, and with the City's goals. Mr. Gordon reviewed the evidence presented on the criteria of a changed circumstances in the neighborhood or community. He contended that the dramatic population growth that was in excess of what had been anticipated in the Comprehensive Plan was evidence of change in the neighborhood. He argued that the significant road improvements made to Scholls Ferry and 135th since 1983 were further evidence of changed circumstances. Mr. Gordon reiterated that the traffic issues were carefully evaluated by both the City and County staff who were both convinced that this project would not adversely impact the road system. He said that it was the changes to the road system that led them to select this site for the store. Mr. Gordon said that the third changed circumstance was the worsening of the shortage of commercial land in Tigard. Mr. Gordon reviewed the arguments for the second criteria that the proposal have no adverse impact on health, safety and welfare. He stated that there have been no impact based concerns raised by staff or other commenting agencies. He said that a member of their consulting firm confirmed that with the Beaverton Mayor's office that the City of Beaverton was not in fact opposing the rezone. Mr. Gordon stated that the other issues raised by the opponents were based on fear and speculation. Mr. Gordon addressed the concern raised at the hearing that this approval would turn Scholls Ferry into another strip commercial like 99W or that it would open the floodgates to other commercial rezones. He stated that Scholls Ferry within the City was almost completely developed and thus it couldn't be turned into a strip commercial. He said that the locational criteria that commercial be located at the intersection of a major arterial precluded other locations on Scholls Ferry. Mr. Gordon said that the floodgates to commercial rezoning wouldn't be opened either because the inventory of the City's available land demonstrated that the land wasn't there to be rezoned. Also the locational criteria for commercial land wouldn't allow development in CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 13 • • an area that was already overly congested; that precluded 99W. Mr. Gordon stated that another criteria for commercial zoning was being close to a transit route, which this site was. He said that neither staff nor the opponents presented examples of land that was likely to be rezoned commercial. Mr. Gordon addressed another issue raised by the opponents: whether or not there was sufficient market to support another grocery store. He cited Mr. Leland's testimony on the issue and his conclusion that there was sufficient demand for additional grocery stores in this area. He stated that the opponents' assertion that the underperformance of their stores indicated too many stores in the area was suggesting an inappropriate use of the zoning process for economic protection. Mr. Gordon submitted a letter from the local chapter of the United Food at Commercial Workers in support of the proposal. Mr. Gordon addressed the locational criteria for commercial rezones as the next major issue. He stated that they complied with nine out of the ten locational criteria. The only one with which they did not comply was the criteria that said that general commercial should not be surrounded by residential on more than two sides. Mr. Gordon said that they derived their argument that the site is. surrounded by roads, not residential neighborhoods, by looking at a Tigard zoning map. Examples he cited included Howard's, the intersection of Hwy 99W and Durham.Road, the intersection of Hwy 99W and Bull Mountain, and the intersection of Hall Blvd and Locust. Mr. Gordon pointed out that the Comprehensive Plan specifically said that the locational criteria were to be construed in a flexible manner in conformance and vary with the degree of change and impact on the community. He said that he thought they had demonstrated that this was a site that would have minimal or no impact on the adjacent community. Mr. Gordon addressed the concern raised regarding community commercial designation as opposed to general commercial. He stated that their site met the criteria for general commercial in ways that the Albertson's site had not. Their site was on a five lane section of Scholls Ferry, it was on a transit route, and the site was well separated from the surrounding neighborhoods. He said that Albertson's pursued the community commercial designation on the recommendation of the Planning Commission; however the Commission had specifically recommended general commercial for the proposed Haggen store. Mr. Gordon reviewed how much more a Haggen store could provide to the community under a general commercial zoning designation than under a community commercial. They could integrate all their uses into CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 14 • • one building rather then separating them out into little shops because more square footage was allowed. Mr. Gordon addressed the concern that while the Haggen development proposal might satisfy the rezone criteria and plan requirements, the other potential uses in a general commercial zone might not. He said that they were willing to accept a condition restricting the site to the uses and/or site plan configuration that they have demonstrated met the applicable criteria and was supported by the available public facilities. He said that while the Planning Commission had not attached any conditions to their recommendation, Washington County did attach conditions on this specific configuration to their access approval. Mr. Gordon asked that the Council not put them in a "catch 22" position by saying that they would approve it if they could be assured that the Haggen project would go through but not allow them to provide the City with that assurance. Mr. Gordon stated that the City has recognized that growth was here and that they had to address it. However, the planning process did not always project correctly what growth might happen or where it might happen. He contended that the plan amendment process was intended to give the Council the flexibility to make changes as needed. He said that things have changed significantly in this community and that it was appropriate to make this small change to the Comprehensive Plan. Mr. Gordon argued that if the changes they have demonstrated occurring in this area were not sufficient to justify a plan amendment, then the Council has set a standard that would be impossible to meet. Mr. Gordon reiterated the conditions of the site that made it a good location for this use. He asked the Councilors to consider where they would put this store if not in this location. He said that he thought that the Council would be proud to have Haggen be part of the community and asked the Council to approve the Planning Commission's recommendation. Mr. Monahan noted another item for the record: a letter from Ball Janick Novack addressing the criteria on behalf of the applicant. Jeff Kleinman, Attorney representing the Friends at Neighbors of Scholls Ferry, asked for the opportunity to respond to the new evidence presented by the applicant. Mayor Nicoli asked for a ruling from the City Attorney on the request, expressing concern that everyone get a fair opportunity to rebut any new information. Mr. Ramis concurred that as long as they limited their remarks to rebuttal of the new evidence and did not introduce additional new evidence, it was allowable. He said that the applicant should have an opportunity to respond to the opponents' remarks. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 15 • Robert Bernstein, 507 18th Ave, Seattle, stated that he has not seen Mr. Vandehey's rebuttal to his comments at the last hearing, and therefore would not attempt to rebut the rebuttal. He stated that he was standing by the accuracy of his report. He argued that the assumptions made in the Leland report were anything but conservative and that it had taken him 15 minutes to figure that out. Mr. Bernstein said that no analysis of the proposed access scheme for a right-in, right-out on Scholls Ferry was present in the record; there was only the letter from Washington County saying that it was approved. He commented that the County's responsibility was to see to it that the major arterials functioned properly. He said that even with a new access onto Scholls Ferry, it was conceivable that the arterial might continue to operate properly yet the local streets experience significant changes in traffic. He said that they had no way of reviewing how r accurate the analysis was or determining what the impacts actually were. Ralph Anzelatti, Columbia Research Associates, stated that his company did nothing but retail site surveys for grocery stores in the northwest and western states. He said that they had a very high accuracy rate. He mentioned that the report submitted by Don Scott in answer to the Leland study did not include Costco because the Leland survey had not done so and Mr. Scott had wanted to keep his analysis consistent and comparable with the original Leland study. He said that the Leland study did not include all the other competitor retail stores or convenience stores in their analysis. Mr. Anzelatti said that he had not seen the study done on the reduced trade area and could not do a comparable. He said that he could offer some predictions based on his 15 years experience: if Haggen opened here, another store in that general core area would close. He said he thought there was room for three stores but not four. Mr. Kleinman addressed the Comprehensive Plan issue. He said that in order to justify an amendment to the plan map, an applicant had to prove either a change in physical circumstances since the original designation or prove that the designation was a mistake made under the original land use design. Mr. Kleinman said that the applicant hasn't come close to satisfying either criteria; rather they were changing the meanings of the terms. He contended that a change in physical circumstances meant a change in the uses near the proposed use, not growth or more traffic or market needs. The uses have not changed. Mr. Kleinman said that "mistake" meant a clerical error or a misunderstanding of what was actually being done at the time of the original plan development and adoption. The designation as multi- family was not a mistake; the City of Tigard knew what it was doing. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 16 • • Mr. Kleinman said that even if they satisfied those two criteria, the proposal still had to meet all the applicable plan polices: this did not. He argued that compliance with the Comprehensive Plan was not achievable because the applicant has failed to take into account the maximum development of the site as general commercial, and merely looked at applying the criteria to the Haggen store proposal. He cited Policy 5.4 as an absolute rule prohibiting the encroachment of commercial or industrial development into residential areas that were not already designated commercial or industrial. Mr. Kleinman said that Policy 12.2.1(2) was the locational criteria stating that commercial or industrial development could not be inserted in any area where it was surrounded on more than two sides by residential. He said that this location was surrounded on four sides by residential.• He contended that the areas cited as having a similar use pattern reflected preexisting uses, not the insertion of commercial into residential. Mr. Kleinman mentioned the argument that the Comprehensive Plan itself said that there was significant growth and not enough land. He contended that the Plan's designation of specific areas as commercial was the method used to meet that need for more commercial properties. Mr. Kleinman pointed out that the responses cited from Beaverton were only hearsay, as Beaverton submitted no documentation supporting this proposal. Mr. Kleinman said that there was no evidence that the same trade areas were used in the traffic analysis as were used in the market analysis. Mr. Kleinman mentioned the argument of future change. He said that the applicant was saying that they should be taken care of today because of changes anticipated in the future, such as the Scholls Ferry Town Center in the Metro 2040 plan. He said that the town center in that plan was located 600 feet away from this site in Beaverton. He contended that the application was in conflict with Metro's plan because it created a new shopping center designation only 600 feet away from the one Metro wanted to create. Mr. Kleinman summarized the applicant's arguments as "we have a neat store, Tigard has grown and there's a lot of traffic, so please amend your Comprehensive Plan and approve the zone change." He said that anyone who lived on a street that.was widened could make similar arguments for amending the plan; the precedent set would be disastrous. He said that the periodic review process was the proper place to deal with the issue of whether or not the original Plan contained enough commercial sites; it could be looked at within the context of the whole City, not in a piecemeal fashion. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 17 • Mr. Gordon stated that the opponents did not rebut the new evidence but merely reiterated their arguments made at the last hearing. Mr. Vandehey cited their letter as documenting the conservatism of their analysis. He said that both the County and the City required them to do an analysis of both the right-in, right-out access scheme and • . - ... the initial access scheme that proposed full access to Scholls Ferry. He said that they ended up with a compromise of a right-out and left-in that was based on the County's review, not the right-in, right-out Mr. Bernstein cited. • Mr Gordon said that Mr. Anzelatti did not raise any new facts. He • said that the Leland study allowed for the convenience stores and other " . stores like Costco by using conservative numbers on grocery spending (7S% of what was actually spent on groceries). • Mr. Gordon contended that Mr. Kleinman cited no authority . supporting his interpretation of a change in physical circumstances or a mistake in the Plan. He said that under Mr. Kleinman's interpretation, the criteria could never be met. He asked if the periodic review process was the only place to look at Comprehensive Plan amendments, then why did they allow quasi judicial Comprehensive Plan changes requests. . He reiterated that they have met the criteria set out in the Code. c. Staff Recommendation Mr.Valone recommended denial of CP 95-0003 and ZC 95-0005 based on the findings and conclusions in the staff report. ,.t d. Council Questions Mayor Nicoli asked for clarification on the locations of the proposed Albertson's and Fred Meyer's stores in relation to the proposed Haggen store. Mr. Valone indicated the locations on the aerial map. Mr. Hendryx stated that the Beaverton staff told him that the Fred Meyer request for the PGE site was withdrawn for consideration for a plan amendment in Beaverton. Councilor Hunt asked if the factor of market competition was 1 something that the Council had the legal authority to consider in its deliberations. Mr. Ramis said no. Though it was an interesting controversy, it was not directly relevant to the criteria. •-I Councilor Rohlf asked the applicant to address the issue of the loss of • multi family housing needed in a fast growing City if this proposed use went in. Gordon Mr.Mraid that G there was no doubt that multi family housing would be lost due to this proposal, but stated that the loss of this amount of acreage would not affect Tigard's ability to meet the 10 CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 18 J • • 1 • • units per acre housing rule set by Metro. Mr. Valone concurred that they would lose the housing opportunity but that they would still be above 10 units per acre. Councilor Scheckla commented that in 1983, the thought had been to put apartments in that area because of the close proximity to an elementary school. He said that putting in a commercial development would displace those people; they would have to drive farther to the schools. He asked where else would they move the density in the City of Tigard. Mr. Monahan commented that the property was in the Beaverton School District, not the Tigard District. Mr. Hendryx said that he couldn't really answer where the units might be displaced to. He noted that this project would not affect their housing mix. Councilor Scheckla commented that the City was prepared to accept the zoning the way it was. He asked why they would want to jeopardize meeting their housing goal by displacing these apartments. He asked Mr. Ramis to explain the "mistake" issue. Mr. Ramis said that the issue of mistake was one of interpretation under the Code. He said that it was ultimately up to the Council how they applied the standard, and that courts granted deference to jurisdictions in interpreting their own codes. Councilor Scheckla stated that in 1983 he had been part of the Comprehensive Plan process and that he did not think that a mistake had been made. Mr. Valone pointed out that the Plan said "a mistake was made in the original land use designation." Since this site annexed into the City in 1987 and zoned R-25, the mistake would have had to occur in 1987, not 1983. Mayor Nicoli asked Mr. Hendryx if he remembered any discussions between Beaverton and Tigard on how much commercial development should be allowed on Scholls Ferry, citing Mr. Hendryx's tenure with the City of Beaverton. Mr. Hendryx said that Beaverton had a clear policy about limiting commercial development along major arterials. He said that the two Planning Commissions had met in the late 1980s to discuss a mutual concern about limiting strip development along Scholls Ferry. He said that Tigard did not have a similar criteria other than the locational standards in the Code. Mayor Nicoli asked if both the cities followed the general direction set out during those discussions or gone off in completely different CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 19 • • directions. He asked if Tigard did not provide for as much commercial property as had been originally intended. Mr. Hendryx said that he did not believe a decision not to allow as much commercial development as the market would bear was ever discussed. There was never an agreement on how much development should occur or where it should occur. The general concern had been to avoid turning Scholls Ferry into another strip commercial road like TV Highway or 99W. Councilor Scheckla presented a February 8 newspaper article. Mayor Nicoll asked Mr. Ramis if Councilor Scheckla could introduce evidence into the record. Mr. Ramis said that Councilors introducing evidence into the record was very unusual; typically only the parties - introduced evidence which the Council made judgments on. He said that it could be done but that both the applicant and the opponent would have to be allowed an opportunity to respond to the new evidence. Councilor Scheckla withdrew the article. He commented that the Albertson's in Sherwood opened last September and that last weekend the Food Pavilion went out of business. He said that he had heard the argument made here that there wasn't enough market to go around; somebody would not survive. He commented that the population all over Washington County was increasing by 20% or more. e. Close Public Hearing Mayor Nicoli closed the public hearing. Mayor Nicoli recessed the meeting at 9:25 p.m. for a 5 minute break. Mayor Nicoli reconvened the meeting at 9:37 p.m. f. Council consideration: Councilor Hunt commented that much of the material brought up to the Council by people went unread because they couldn't both read it and listen to the presentation at the same time. He stated that he thought that much of the testimony presented had been irrelevant to the decision on a zone change. Councilor Hunt agreed that the Council has allowed commercial development in an area with residential on three sides of the store, citing the 99W and Durham Road intersection. He said that the market economics of who survived and who didn't were not for the Council to decide. He said that he was not convinced whether apartments or stores would generate the most traffic, having seen too many instances when opposing sides used the same numbers to reach opposite CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 20 • • conclusions. Councilor Hunt said that one thing that bothered him about this zone change was the inability to control the potential development in the future, should Haggen's go out of business. They had to zone it commercial; they couldn't zone it for a grocery store. Councilor Hunt said that the second thing that bothered him about this was a previous incident in which high density residential was moved to Bull Mountain from the intersection on 99W and Durham (Albertson's store); this has resulted in nothing but trouble on Bull Mountain. He said that the only way he could support this application was if a location was found for the high density before the application was approved. Councilor Hunt stated that they knew from the Metro 2040 plan that they were going to have to increase their density. He asked why they should rezone high density now when they would have to find more if Metro insisted on more high density. Councilor Hunt said that he was extremely impressed with the Haggen store and hoped that they could find another area in town to locate it. However he could not take away the City's current high density, knowing that they would probably have to find more high density in the near future. Councilor Scheckla concurred with Councilor Hunt's comments that the density had to be addressed; if it wasn't located at this site, then it had to be located somewhere else which probably meant another rezone. This site was already approved for high density, met the Metro 2040 plan, and was close to schools. He agreed that Haggen's was a good store. Councilor Rohlf concurred with the other Councilors' comments. He said that he would like to see a Haggen's in town and suggested the Tigard Triangle area. He said that if this was a decision between letting Haggen's in and fostering Howard's, it would be a tough decision. But it was a land use decision and he was not convinced that a mistake was made in zoning that land multi family. Mayor Nicoli said that his concerns were similar to those of the other Councilors. He complimented Mr. Haggen on his application and support personnel. He stated that he had a hard time accepting growth as justification of a zone change. He said that he did not think that the Council was here to justify who stayed in business or went out of business; they had too many other good criteria to consider. He said that he was impressed with the Haggen,store and hoped that they could find another location within Tigard or an adjacent jurisdiction. CITY COUNCIL MEETING MINUTES- FEBRUARY 13, 1996 - PAGE 21 • • MOTION by Councilor Hunt, SECONDED by Councilor Scheckla, to deny the application. The motion was approved by a unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes.") 6. PUBLIC HEARING (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE CPA 95-0005/ZON 95-0007 - PACIFIC CREST/PROVIDENCE A request to amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive.Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. Location: Southwest and southeast corners of Scholls Ferry Road and North Dakota. Applicable Review Criteria: Comprehensive Plan policies 1.1.2(2) 2.1.1, 5.4, 8.1.1, 12.2.1(1 ) and 12.2.1(3); Community Development Code Chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. Zone: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/ Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. Mayor Nicola`read the hearing title. He noted that the Council has already taken previous action on this and that tonight was only to review the findings to finalize the Council action. a. Staff Update: Community Development Department Mr. Valone stated that on January 23, the Council did approve the land zone designation swap proposed by Pacific Crest and Providence Health Systems. He said that the ordinance and final order prepared at Council direction were in the council packet. He recommended adoption of those documents. b. Council Consideration: Ordinance No. 96-4 MOTION by Councilor Hunt, SECONDED by Councilor Scheckla, to adopt Ordinance No. 96-04. Ord'No. 96-04. an ordinance adopting findings and conclusions to approve a Tigard Comprehensive Plan amendment and zone change requested by Pacific Crest Partners and Providence Health Systems, CPA 95-0005/ZON 95-0007. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 22 • • Mayor Nicoli noted that at the last meeting Councilor Rohlf had withdrawn from participating in this action, and that Councilor Moore did not participate either. The motion was approved by a unanimous vote of the three Councilors taking part. (Mayor Nicoli and Councilors Hunt and Scheckla voted "yes.") 7. PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION (ZCA) 95-0008 CLARICE A request to annex two parcels of 2.14 acres into the City and change the zoning from Washington County R-6 to City of Tigard R-7. Location: South of S. W. Fern Street just west of S.W. 135th Avenue. The two parcels are separated by two other properties. Applicable Review Criteria: The relevant review criteria in this case are Comprehensive Plan Policies 2.1.1 - Citizen Involvement; 10.1.1 - Service Delivery Capacity; 10.1.2 - Boundary Criteria; and 101.3 - Zoning Designation. Also Community Development Code Chapters 18.136 - Annexation Requirements; and 18.138 - Land Classification of Annexed Territory. Zone: Presently Washington County R- 6. a. Open Public Hearing Mayor Nicoll read the hearing title and opened the public hearing. b. Declarations or Challenges No Councilors reported any ex parte contact or site visits. They all indicated that they had familiarized themselves with the application. There were no challenges. c. Staff Report: Community Development Department Mr. Valone presented the staff report. He reviewed on the map the location of the two parcels under consideration for annexation. He said that the west parcel had a single family residence occupied by the owners while the east parcel was a vacant lot. The owners were requesting annexation by a double majority method to connect to the sanitary sewer service. Mr. Valone stated that the annexation request did comply with all applicable City policies and Boundary Commission requirements. The parcel would be designated Tigard R-7 with the same density per lot as its current designation of Washington County R-6. He said that there were adequate facilities available to service the lot and that all appropriate parties were noticed. He recommended that the Council adopt the resolution and forward the request to the Boundary Commission. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 23 • • d. Public Testimony ▪ Applicant Jeff Hunt, 3855 A Drive, Hood River, stated that he was an Associate Planner with Hood River County but that he was here on behalf of his father-in-law, John Clarke. He thanked Mr. Valone and the staff for their help regarding the proposal. He said that they had no problems with the staff report and urged the Council to accept the staff recommendation. ▪ Proponents - none Opponents - none e. Staff Recommendation Mr. Valone recommended that the Council forward the initiation to the Boundary Commission. f. Council Questions - none g. Close Public Hearing Mayor Nicoli closed the public hearing. h. Council Consideration: Resolution,No. 96-07 Ordinance No. 96- 05 MOTION by Councilor Rohlf, SECONDED by Councilor Hunt, to adopt Resolution No. 96-07. Resolution No. 96-07, a resolution initiating annexation to the City of Tigard of the territories described in Exhibit A, and illustrated in Exhibit B, ZCA 95-0008.. The motion was approved by a unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf, Moore and Scheckla voted "yes.") MOTION by Councilor Rohlf, SECONDED by Councilor Hunt, to adopt Ordinance No. 96-05. Ordinance 96-05, an ordinance adopting findings and conclusions to approve a zone change and declaring an effective date, ZCA 95-0008. The motion was approved by a unanimous vote of Council present. (Mayor Nicoll and Councilors Hunt, Rohlf, Moore and Scheckla voted "yes.") CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 24 . • • 8. PUBLIC HEARING (QUASI-JUDICIAL) SITE DEVELOPMENT REVIEW (SDR) 95-0019/PLANNED DEVELOPMENT REVIEW (PDR) 95- 0008/MINOR LAND PARTITION (ML) 95-0012 - FUTURE SHOP/CHRISTENSEN City Council "Call-Up" for review of the following development applications: 1. Site Development Review approval to allow the construction of a 40,000 square foot "future shop" general retail building and a 9,550 square foot general retail building; 2. Planned Development Review; 3. Minor Land Partition approval to partition one parcel of approximately 4.99 acres into two parcels of approximately 4.27 and .72 acres; Location: East side of S.W. Dartmouth Street, south of S.W. Pacific Highway. (WCTM 151 36CD, Tax Lot 2000). Zone: General Commercial (C-G). The General Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. Applicable Review Criteria: Community Development Code Section 18.62, 18.80, 18.100, 18.102, 18.106, 18:108, 18.114, 18.116, 18.120, 18.162 and 18.164. a. Open Public Hearing Mayor Nicoli read the hearing title and opened the public hearing., b. Declarations or Challenges No Councilors reported any ex parte contact or site visits. They all indicated that they had familiarized themselves with the application. There were no challenges. Councilor Moore commented that he had reviewed this issue at the Planning Commission but that this was before the Council on a different issue, and therefore he would participate in the hearing. c. Staff Report: Mr. Hendryx presented the staff report. He reviewed the specifics of the application, noting the building profiles and site plan. , He said that the minor land partition was to separate out Pad "A." He reported that the applicant has received the Division of State Lands (DSL) permits required to do work within the wetlands with mitigation offsite. He said that the applicant was providing additional right of way on Dartmouth, a half street dedication for the future street Atlanta on the north side of the parcel to access Dartmouth, and access for the property on the north to access Dartmouth. Mr. Hendryx noted that notices were mailed out but that the notice run in the Tigard Times did not meet the standard notice requirements. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 25 • d. Public Testimony - Applicant Sake Reindersma, MPR Architects, 9150 SW Pioneer Court, Wilsonville, representing Future Shop, reviewed the elevations of the building to be built in the Tigard Triangle. He noted the color scheme and landscaping on the site. He pointed out that the 12 foot grade along the back zone set the building down lower. Mayor Nicoli asked if the applicant has discussed with Act Ill allowing access for the half street dedication that otherwise deadended at the Act Ill property. Ed Christensen, Christensen Engineering Team, Tigard, stated that they have talked with all the adjacent property owners. He said that he had talked with former City Engineer Wooley about any conditions on the Act III proposal that might require them to continue Atlanta Street but they have not been able to find any. He said that he understood from staff that if any plans came in for site development review, some kind of connectivity would be required to improve the street to the Act Ill site. He pointed out that to continue Atlanta Street, they would have to cross Red Rock Creek at a very pristine point. Mayor Nicoli asked if at this time they would be doing a curved sidewalk and a half street improvement. Mr. Christensen said that when Burgerville developed, they intended to work with the other property owners to develop an LID to construct Atlanta Street to provide access through the Future Shop site to Dartmouth. He said that presently there was no interest on the part of the other property owners to construct Atlanta Street, which was why they were waiting on the Burgerville development. In response to questions from Councilor Scheckla, Mr. Christensen described the location and surrounding property owners. Councilor Rohlf asked how Burgerville had access to the property. Mr. Christensen said that they would have a right in right out access off of Dartmouth. He noted that when Dartmouth was fully approved there would be a median strip there that would prevent left hand turns for both Costco and Burgerville. He said that Burgerville was trying to get a right in off of Hwy 99. He said that Burgerville's conditions of approval stated that they could have a temporary driveway off of Dartmouth until the other access (the one in this application) was developed. Mayor Nicoli asked if Burgerville would get access through the Future Shop site. Mr. Reindersma said yes, they had access through a reciprocal easement. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 26 • • • In response to a concern raised by Councilor Rohlf, Mr. Reindersma said that the access through the Future Shop property from Burgerville was fairly clean with few traffic movements. Mr. Christensen explained that though Burgerville did indicate some objections to the site layout, they have not stated any objections formally because they understood that the current configuration for the building was the only one possible on the site, and they did not believe that their objection was strenuous enough to stop the development completely. He reviewed one of the accesses that they considered but discarded because the grade was too steep. Councilor Scheckla asked who would alleviate the traffic problems on the easement that went through both ways. Mr. Christensen stated that they did not expect any problems because they had a full 24 foot driveway and the traffic volume was very low. He said that even Burgerville didn't have that high a traffic volume and reviewed the path their traffic would travel from Hwy 99 to Dartmouth to Hwy. 99. Councilor Rohlf asked if the design for this layout included overlay concerns that the Council had for the Tri-County Center with respect to the Tigard Triangle. Mr. Christensen said that they have discussed with Future Shop a number of the items coming up and that they were aware of the traffic problems occurring in the Triangle. Councilor Rohlf commented that the Council's concern centered on the overall appearance of the hillside. He said that they did not want to see it turned into "a bunch of big boxes surrounded by concrete and asphalt." He noted that the design of the Tri-County Center had been sensitive to that concern and had made an effort to find a good compromise between preserving the natural features and providing adequate retail possibilities. Mr. Christensen cited the work they have done with USA, DSL and ODFBtW in designing Pad "A" to sit on columns with wetland vegetation underneath it. He pointed out that out of 40,000 square feet of wetland, the project impacted only 7960 square feet of wetland. He said that they have worked hard with USA to design a buffer that they could sign off on, and that they were mitigating some of that buffer offsite. He explained that the site had very few trees on it, and they all were on the border where Atlanta Street needed to go. He said that they were replacing the trees with a reciprocal amount of onsite vegetation and wetland enhancement. Proponents Gordon Martin, 12265 S.W. 72nd Avenue, Tigard, 97223, of the development to the south of Future Shop, welcomed them to the neighborhood. He said that he understood from the project engineer that they have been apprised of the traffic situation. He commented on the need for LIDs to take care of the traffic problems and welcomed their participation in them. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 27 • • - Opponents - None e. Staff Recommendation Mr. Hendryx recommended approval of the project as conditioned by the Planning Commission. f. Council Questions Councilor Rohlf asked why the staff report contained a number of statements justifying denial of the application. Mr. Hendryx explained that those statements dealt with concerns over wetlands and the DSL approval of the plans originally submitted by the applicant. When the applicant provided proof of DSL approval at the Planning Commission hearing, staff changed its recommendation to approval. g. Close Public Hearing Mayor Nicoli closed the public hearing. h. Council Consideration: Do the approved plans comply with Community Development Code. MOTION by Councilor Hunt, SECONDED by Councilor Rohlf, to approve the application. The motion was approved by a unanimous roll call vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf, Moore and Scheckla voted "yes.") 9. ORDINANCE CONSIDERATION - AMENDMENT TO TIGARD MUNICIPAL CODE CHAPTER 7.40, NUISANCES - AMENDING ARTICLE IV TO REGULATE NOISE LEVELS This proposed amendment would provide for better regulation of noise in residential areas. When issuing a permit for an event which would exceed permissible noise levels, the City Administrator would have the ability to set a limit on the amount of noise created by the event and to impose other conditions on the issuance of a permit. a. Staff Report: Police Department Police Chief Goodpaster presented the staff report. He explained that these changes to the noise ordinance would enable police to revoke permits issued by the City if the noise exceeded the top noise limits set by this amendment. b. Council Questions a Discussion Mayor Nicoli asked how this ordinance would affect community events such as a street dance or concerts at Cook Park. Chief Goodpaster stated that there was enough discretion in the ordinance to handle CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 28 • • . • public events. He noted that public events normally did not engender the same type of complaints as a private event did. He stated that he checked on this issue with the City Attorney and did not foresee problems with it in the future. Councilor Scheckla asked how this ordinance would affect the hot air balloon event. Chief Goodpaster stated that they discussed many public events, including the hot air balloons. He said that in talking with the City Attorney, he found that there was still discretion built into the ordinance. Mr. Ramis stated that the ordinance did provide some flexibility and some room for judgement. He said that if a use became so loud and obnoxious to the public that it required regulation, the City would have the ability to revoke the permit. c. Council Consideration - Ordinance No. 96-06 MOTION by Councilor Rohlf, SECONDED by Councilor Hunt, to adopt Ordinance 96-06. Ordinance 96-06, an ordinance amending chapter 7.40, nuisances, of the Tigard Municipal Code by amending Article 4, Nuisances and Affecting the Public, Peace. The motion was approved by a unanimous roll call vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf, Moore and Scheckla voted "yes.") 10. ORDINANCE CONSIDERATION - AMENDMENT TO TIGARD MUNICIPAL CODE CHAPTER 2.30 (SECTIONS 2.30.060 AND 2.30.070) AUTHORIZING INVENTORY OF THE CONTENTS OF ARRESTED PERSONS AND IMPOUNDED VEHICLES. a. Staff Report: Police Department Police Chief Goodpaster presented the staff report. He explained that a recent court decision made it necessary for the police department to get legislative authority to conduct inventory of the persons and property arrested as well as of vehicles impounded. He said that this was done for several reasons, including safety, safeguarding, and liability concerns. Chief Goodpaster reviewed the specifics of the ordinance that set guidelines for the process already in place (see agenda packet), pointing out the memo from the City Attorney's office revising language in the Code regarding inventorying prisoner's property and impounding vehicles. CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 29 • • b. Council Questions at Discussion Councilor Rohlf asked for an explanation on why they needed to declare an emergency in order to enact this ordinance. Chief Goodpaster explained that every day they did not have this ordinance in place increased the City's potential liability. Mr. Ramis supported the Chief's reasoning. c. Council Consideration - Ordinance No. 96-07 MOTION by Councilor Hunt, SECONDED by Councilor Rohlf, to adopt Ordinance 96-07. Ordinance 96-07, an ordinance amending chapter 2.30 of the Tigard Municipal Code by adopting sections 2.30.060 and 2.30.070, authorizing inventory of the content of arrested persons and impounded vehicles and declaring an emergency. The motion was approved by a unanimous roll call vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf, Moore and Scheckla voted "yes.") 11. LOCAL CONTRACT REVIEW BOARD - CONSIDER CITY HALL ROOF PROPOSAL a. Staff Report: Maintenance Services Department b. Council Questions at Discussion c. Council Consideration: Motion to authorize the City Administrator to enter into an agreement with Richard Raglan for research, analysis and preliminary design (Phase 1) of the City Hall roof project in the amount of $2,310. Mayor Nicoli noted that the Council has already acted on this item. He said that they would meet with the architect at a future council session. 12. NON AGENDA ITEMS a. Resolution - State of Emergency as result of storm last week (Monahan reviewed) - Mr. Monahan explained that it was necessary to declare a state of emergency for both the private property owners and the City, as well as the water district area, to be eligible for financial assistance from FEMA, the State and the County. He said that staff believed there would be significant damage to Cook Park once the water went down. Councilor Hunt pointed out that the City did not own 100% of the water lines and reservoirs and asked if they could still get reimbursement for damage. Mr. Monahan explained that they could do so because they had the CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 30 v r f ...x/` . f . agreement of the other partners. He said that the other three entities should also pass a similar resolution. • • MOTION by Councilor Hunt, SECONDED by Councilor Rohlf, to adopt Resolution 96-08. Resolution 96-08, a resolution of the Tigard City Council declaring a state of - t . • emergency as a result of the 2/6/96 storm. The motion was approved by a unanimous vote of Council present. (Mayor . ` Nicoli and Councilors Hunt, Rohif, Moore and Schecida voted "yes.") r . b.• Washington County Parks Advisory Committee Mayor Nicoli noted that Council had informally acted on the request .l t concerning coordination with the Washington County Parks Advisory r Committee and that Mr. Hendryx had already received direction to reword . . - . the letter. Staff could bring the revised letter back next week for Council ' review. - 13. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 8t (h) to discuss . labor relations, real property transactions, current and pending litigation. issues. As you are aware, all discussions within this session are confidential; ' k`:•therefore nothing from this meeting may be disclosed by those present. �,, ' Representatives of the news media are allowed to attend this session, but 4. . - scusse must not disclose any information did. session. • .during this sessi . . -. . . . s , �y 14. ADJOURNMENT: 10:39 p.m. - v:. t ( a4.4-1eJui,t-e_ a.)4-ga.-1,a,..4._. :.... 4-� .Attest: atherine Wheatley, City Record 4 . w ____Ive,..Al E...,.- "For, City o Tigard ` ;.; . • Date: 3/ ,4 /0'2/4.(t r.,fi am0213.96 ' mss. Y•. i CITY COUNCIL MEETING MINUTES - FEBRUARY 13, 1996 - PAGE 31 . .. � s 't.1. ., t f4 • (W/9. CI -e OGLS • 41. CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes December 18, 1995 • 1. CALL TO ORDER President Wilson called the meeting to order at 7:40 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Griffith, Holland, Padgett, and Scolar Commissioners Absent: Commissioners Colison, DeFrang, and Moore Staff Present: Dick Bewersdorff, Senior Planner; Ray Valone, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS At the December 4th meeting, the Commissioners voted to amend the minutes of November 20, 1995, regarding a motion to purchase the Gage property on SW Bond Street for a greenspace area. After listening to the tape, the Planning Commission Secretary advised the Commissioners of the actual wording of the motion in question. Commissioner Holland moved to accept the November 20th minutes as originally written. Commissioner Anderson seconded the motion. A voice vote was taken and the motion passed unanimously. 4. PUBLIC HEARING 4.1 CPA 95-0005/ZON 95-0007 PACIFIC CREST/PROVIDENCE REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 5.4, 8.1.1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood PLANNING CON/MISSION MEETING MINUTES- December 13. 1995-Page 1 • • Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (ProfessionalAdministrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. STAFF REPORT Commissioner Padgett asked if the staff report for this case was available for a minimum of 7 days prior to the meeting. Associate Planner Ray Valone answered that it was. Valone then presented the staff report on behalf of the city. He noted this is a proposal to amend the comp plan and zone map for 2 sites. The applicant for site "A" requests a change on 2 parcels, from Commercial Professional (CP) to • Commercial Neighborhood (CN). The applicant for site "B" requests a change from Commercial Neighborhood (CN) to Commercial Professional (CP). • Valone stated that the applicant for site "A" received approval for a minor land partition and a site development review in 1994, which resulted in the partition of the site into 3 parcels, and the development of a bank, veterinary office, and tenant spaces. The owner applied for a comprehensive plan amendment and zone change last April to change parcel 3 only from Commercial Professional to General Commercial. The Planning Commission recommended denial and the City . Council voted to deny the proposal because it did not meet all the criteria. Valone reported that the northern 1 acre of site "B" was rezoned in 1983 from Commercial Professional to Commercial Neighborhood. Valone said that staff finds that the proposal meets all applicable comprehensive • plan and development code criteria, as well as the transportation planning rule. He said staff finds that the primary criteria (Policy 1.1.2), which requires that a change in physical circumstances or that a mistake was made in the original land use designation, was clearly met. Valone stated that staff recommends that the commission forward a recommendation of approval. Commissioner Holland clarified that the C-N designation only allows 4,000 square feet per use and that the medical center has over 10,000 square feet. He noted that this was one mistake that would be corrected by changing the comp plan. APPLICANT'S PRESENTATION Ed Murphy, 9875 SW Murdock, Tigard, OR 97224, spoke on behalf of the two applicants. Murphy noted that the current zoning map is opposite of what is _ actually built. He noted that the amendments would more accurately reflect what actually has been built, they would carry out the regional intent of the comprehensive plan and free up the Commercial Neighborhood zone. PLANNING COMMISSION MEETING MNUTES- December 13. 1995-Page 2 10- • Murphy reminded the commissioners that the current CP zone already allows 20% of the building square footage to be used for retail. He remarked that the definition of the word "use" in the development code is subject to interpretation, i.e., use by tenant space, or use by building space. He said that this change would correct mistakes in mapping and would fulfill the intent of the Commercial Neighborhood zone. PUBLIC TESTIMONY - IN FAVOR There was no public testimony in support of the proposal. PUBLIC TESTIMONY - IN OPPOSITION Dan Spriggel, 180 W. First St., Dundee, OR 97115, expressed his concern about the impact of a competitor at this site. He also talked about the impact of changing the comprehensive plan and the negative effect it would have on the surrounding areas on North Dakota. Dan Kearns, 111 SW 5th, Suite 3200, Portland, OR 97204, representing Dan Spriggel, presented the Commissioners with a memorandum in opposition to the application (Exhibit "A). He referred to traffic information presented with the previous application. Keams requested a continuance to allow time to analyze the staff report and the traffic report. He noted that the "120 day rule" does not apply to this comp plan amendment. Keams listed 3 issues of traffic concern: capacity at the intersection of Scholls Ferry and North Dakota, traffic infiltration into the neighborhood down North Dakota, and parking on this site. Kearns talked about "mistake versus change". He said he understood the building of the clinic in the C-N zone to be either a mistake in zoning or an unlawful use, as opposed to a non-conforming use. He remarked that a zone change provisions were designed to validate zoning violations, that this should not be used as justification to rezone parcel 3. Kearns then went into detail about the traffic concerns and how they would adversely affect the neighborhoods. APPLICANT'S REBUTTAL Ed Murphy stated that the property on the southwest corner is already zoned for professional offices, which means it already has a commercial zone and that eating and drinking establishments are already allowed, as long as they don't exceed 4,000 square feet. He noted that parking requirements would be checked by staff as each individual tenant comes in. PLANNING COMMISSION MEETING MINUTES- December IS, 1995-Page 3 Murphy reported that Hollywood Video was not one of the tenants currently being considered for this site. PUBLIC HEARING CLOSED In response to a question from President Wilson, Dick Bewersdorff said that the commission, if they chose, could judge that the staff report was not available because the opponent did not receive it and could then grant a continuance. Bewersdorff said, that if the applicant had asked, the commission could also have held the record open for 7 days. He noted that since the commission was only making a recommendation to council, the applicant and the opponent would have opportunity to tailor their arguments. Commissioner Padgett asked about the driveway cuts and the number of parking spaces. Ray Valone that these are handled at site review and must conform to city standards. Commissioner Holland noted that the Neighborhood Commercial designation was • intended to allow some commercial use every so many miles. He remarked that he was upset that this particular C-N parcel was used to build a facility that could have been built in a C-P zone. He said that it made sense to swap the two parcel designations. Commissioner Scolar agreed with Commissioner Holland, but said he would like to give the opponent extra time to make their case. Commissioner Griffith asked if the sites were both built out and what would the plan amendment accomplish if they were. Ray Valone answered yes and that council approval of the plan amendment would correct the use that is straddling 2 zones. Approval would also free up the Commercial Neighborhood zone. According to Valone, Washington County stated that this application is consistent with the Transportation Planning Rule. • Commissioner Padgett agreed that there was a mistake made and that this application will counter balance the mistake. He said he does not think there will be a substantive change in the amount of traffic through the intersection from what' is currently zoned there to what is proposed. Padgett did disagree with the staff report in that the widening of Scholls Ferry Road and the installation of speed bumps on North Dakota should not constitute a change in physical circumstances that would support a comp plan amendment. Commissioner Holland moved to approve Comprehensive Plan Amendment (CPA) 95-0005/Zone Change 95-0007, in accordance with the staff report. PLANNING CONLMIISSION MEETING MINUTES- December 18, 1995-Page 4 • • Commissioner Anderson seconded the motion. A voice vote was taken and the motion passed by majority vote. Commissioners Wilson, Anderson, Griffith, Holland, and Padgett voted for the motion. Commissioner Scolar voted against the motion. 5. OTHER BUSINESS • None 6. ADJOURNMENT The meeting adjourned at 8:25 p.m. •►. Jerre= aynor, PI- ning Co mission Secretary EST: President Nick Wilson PLANNING COMMISSION MEETING MINUTES- December 13, 1995-Page 5 RECEIVED PLUMING. . -REEVES,'KAHN & EDER ..` MAR 11 9 ATTORNEYS AT LAW , . H.PHILIP EDER - P.O.BOX 86100 • PEGGY HENNESSY* 4035 S.E.52ND AVENUE GARY K.KAHN* PORTLAND,OREGON 97286 PLEASE REPLY TO P.O. BOX J.KRISTEN PECKNOLD • MARTIN W.REEVES* TELEPHONE(503)777-5473 FAX(503)777-8566 'Also Admitted in Washington March 8, 1996 Richard Dewersdorff - Senior Planner City of Tigard • 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Pacific Crest Comprehensive Plan Amendment 95-0005 and Zone Change 95-007 Mackenzie/Cunningham Site Design Review 94-0014 Dear"Mr. °Dewersdorff: I represent Bill Gross with respect to his interest in the above matters. The property at issue is located at the southwest corner of the intersection of S.W. Scholls Ferry Road and S.W. North Dakota Street. The site was previously zoned as C-P, Commercial-Professional: Accordingly, the prior site design review (94-0014) was based upon the underlying C-P zone. One of the conditions of approval provided that: 10. Deed restrictions shall be submitted which limit the area to be used for retail sales, convenience sales and personal services, and eating and drinking establishments to a maximum of 2,888 square feet of the gross floor area of the development complex. The C-P(Commercial Professional)zone limits these uses to 20% of the entire square footage of the development complex. As a result of the recent comprehensive plan amendment and zone change, amending the zoning from C-P to N-C (Neighborhood Commercial), the developer is proposing to use more than 2,888 square feet or 20% of the square footage for retail sales, convenience sales and personal services, and eating and drinking establishments. Consequently, the proposal is no longer in compliance with the conditions of design review approval. The_proposed changes in use constitute a major modification to the previously approved plan. Under section 18.120.070, major modifications include a change that will increase vehicular traffic to and from the site by more than 20 vehicle trips per day or a modification to the conditions imposed at the time of design review. Here, the change from office use to retail and personal or food service use will increase traffic by more.than 20 vehicle trips per day. In addition, the developer cannot comply with condition 10 of the original site design review S r ". Richard Dewersdorff Senior Planner March 8, 1996 Page 2 approval (94-0014). Therefore, the applicant must submit a new application in accordance with Sections 18.120.030 and 18.120.090 for site development review prior to any issuance of building permits. Because there have been major modifications to the site design, and the developer has not received site development review approval on the current proposal, the work is being done in violation of the condition of the 94-0014 design review approval. Therefore, we respectfully request that you order the work stopped pursuant to section 18.24.070 A. Should you have any questions, please feel free to call. I look forward to receiving your response to our request for a stop work order. Very truly yours, REEVES, KAHN & EDER iD` Peggy Hennessy PH/s cc: Client ' ph\g osAdwrsdrfl.hr ,_ • • • CITY OF TIGARD, OREGON 9 ORDINANCE-NO. 96-014 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A TIGARD COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY PACIFIC CREST PARTNERS AND PROVIDENCE HEALTH SYSTEMS (CPA 95-0005/ZON 95-0007). WHEREAS, the applicants have requested a comprehensive plan map amendment and zone change from Commercial Professional/C-P to Neighborhood Commercial/C-N on two parcels (Parcels 1 and 3 of MLP 94-0013) and from Neighborhood Commercial/C-N to Commercial Professional/C-P on one parcel (northern one acre of 1S1 34BC, lot 401); and ' WHEREAS, the Planning Commission conducted a public hearing for the proposed amendment and zone change at its meeting of December 18, 1995, and recommends approval of CPA 95- 0005/ZON 95-0007. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendment/zone change is consistent with all relevant criteria based upon the facts, findings and conclusions noted in the attached final order (Attachment A); SECTION 2: The City Council concurs with the Planning Commission and staff recommendations and approves the request to designate the parcels illustrated on the attached map (Attachment A, Exhibit A). SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By Lin C:n l'mou s vote of all Council members present after being read by number and title only, this 13E=' day of ! rL1a-�-j, 1996. {r r.6-ki...it,-,t� :_A W(s -1 O L{— ' --Catherine Wheatley, City Decor--er APPROVED: By Tigard City Council this /3`1-1. ,: of v.r A 1 /996. a, . ../...a_.....—d7 es Nicoll, Mayor Approved. o form: , / A `-City Attorney ://3 /61 L Date ORDINANCE N0. 96- Page 1 • S • CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY PACIFIC CREST PARTNERS AND PROVIDENCE HEALTH SYSTEMS. The Tigard City Council reviewed the application below at a public hearing on January 23, 1996. The City Council approves the request based on the facts, findings and conclusions noted below. -A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 95-0005 Zone Change ZON 95-0007 REQUEST: Amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013 from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and amend the Comprehensive Plan map on property at the southeast corner of SW Scholls Ferry Road and SW North Dakota Street from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. APPLICANTS: Pacific Crest Partners Providence Health Systems 911 Oak Street 4805 NE Glisan Street Hood River, OR 97031 Portland, OR 97213 OWNERS: Same LOCATION: Southwest and southeast corners of SW Scholls Ferry Road and SW North Dakota Street. 2. Vicinity The proposal is a joint application between Pacific Crest Partners and Providence Health Systems. Two sites are involved in the plan amendment/zone change. 1 • • Site A is on the southwest corner of SW Scholls Ferry Road and SW North Dakota Street; site B is on the southeast corner (Exhibit A). The proposal affects Parcels 1 and 3 of a recently-approved minor land partition (MLP 94-0013) on map 1S1 35AD, lot 2400 (Exhibit B). These parcels have been recently developed as a bank and tenant commercial space. The land uses surrounding the site are as follows: Properties to the north across Scholls Ferry Road are in the City of Beaverton and zoned for single family residential use; to the east across North Dakota Street is the St. Vincent's Medical Clinic, which is built on property zoned for both Neighborhood Commercial and Professional Commercial uses; to the south is medium density residential land, though the Kindercare day care center located immediately to the south is a conditional use; and to the west is medium density residential land that is zoned R-7 (PD) and contains the Summerlake subdivision. The proposal also includes the property at the southeast corner of Scholls Ferry and North Dakota. The northwestern one acre of map 1S1 34BC, lot 401 is zoned for Neighborhood Commercial (Exhibit C). Properties to the north across Scholls Ferry are in the City of Beaverton and zoned for office commercial and single family residential; to the east is general commercial land which contains a McDonald's restaurant and the Greenway Center; to the south is commercial professional land which contains part of the medical clinic and a vacant parcel; and to the west is commercial professional land containing the co-applicant's development. 3. Background Information Site A: Pacific Crest Partners was approved for a minor land partition (MLP 94- 0013) and site development review (SDR 94-0014) on the property at the southwest corner of Scholls Ferry and North Dakota in August of 1994. The original 1.24-acre parcel was divided into three parcels. Parcels 1 and 3 of that partition is the subject of the current application. In April of 1995, Pacific Crest Partners applied for a comprehensive plan amendment/zone change for Parcel 3 only. The applicant proposed to change the parcel from Commercial Professional/C-P to General Commercial/C-G in order to develop it for retail use. The Planning Division recommended denial because the application did not meet all approval criteria. The Planning Commission recommended denial on June 19 and the City Council denied the proposal on July 11. 2 • Tigard Community Development Code 18.32.280 states that an application that has been denied may not be resubmitted for the same or substantially similar proposal or action for a period of one year unless there is a substantial change in the facts or a change in city policy which would change the outcome. Staff agrees with the applicants that the current proposal is substantially. different than the previous one referred to above. This application seeks a change to different designations than the prior one and involves three parcels and two applicants. It also involves a mistake by the city concerning the comprehensive plan and zoning maps. Site B: In November of 1986, the city council adopted Ordinance 86-58, which amended the comprehensive plan and zoning maps on the original parcel (1S1 34BC, lot 401) located on the southeast corner of Scholls Ferry and North Dakota. The applicant, Bethany Associates, requested that the 5.4 acre parcel be redesignated from C-P to C-G on 3.9 acres with the remaining 1.5 acres retaining the C-P designation. The city council decided to designate the eastern 2.9 acres as C-G and the northwestern one acre as C-N, the latter to be used for neighborhood retail uses (Exhibit C). Since the rezoning, the original 5.4 acre site has developed with a McDonald's restaurant, an Oil Can Henry's auto lube and St. Vincent's Medical Clinic. The clinic straddles the C-N and C-P zoning districts (Exhibit D). Since the time of the approval of Ordinance 86-58, a mistake was made by city staff regarding the location and conditions of the C-N zone. The ordinance text and map specifies that the C-N designation be located on the northwest corner of the site and contain one acre; and that commercial development occurring within a zoning district shall not utilize space outside of the respective zone to satisfy parking or landscaping requirements prescribed by the code. The current comprehensive plan and zoning maps, however, are drawn to include 1.99 acres in this designation; and the medical center development straddles two zoning districts. The Planning Commission held a hearing on CPA 95-0005/ZON 95-0007 on December 18, 1995, and voted 5-1 to recommend approval of the proposal. 4. Site Information and Proposal Description Site A: The affected parcels, containing 1.10 acres, are located'along the west side of North Dakota Street, south of Scholls Ferry Road (Exhibit A). Site development has recently been completed on this site pursuant to the approved site development application in August of 1994 (SDR 94-0014). Approval of SDR 94-0014 allows for construction of a 3,840 square foot bank on Parcel 1 and 8,415 3 • • • • square feet of office/retail space on Parcel 3. Prior to construction, former tax lot 2400 contained a veterinary office, three homes and an apartment building. The applicant requests a comprehensive plan map amendment from Commercial Professional to Neighborhood Commercial and a zone change from C-P to C-N on Parcels 1 and 3. , The reason for the requested change is to expand the range of permissible uses to those allowed under C-N zoning. Under C-P zoning, retail commercial use is limited to 20 percent of the entire square footage within the development complex. Under this restriction, only 3,166 of the 8,415 square feet of the building on Parcel 3 could be used for selected retail uses. A change from C-P to C-N will only affect, therefore, the permitted uses for the remaining 5,249 square feet on Parcel 3. Site B: The affected property, containing one acre, is located on the southeast corner of Scholls Ferry Road and North Dakota Street. In March of 1988, the city approved SDR 88-05 for the construction of St. Vincent's Medical Clinic. The northern portion only of the clinic is located in the C-N zone; the southern portion is on land zoned C-P. The applicant requests a comprehensive plan map amendment from Neighborhood Commercial to Commercial Professional and a zone change from C-N to C-P on the northwestern one acre of map 1S1 34BC lot 401, as delineated on the map of Ordinance 86-58 (Exhibit C). The reason for the request is to. correct a mistake on the zoning map, clear up the split zones upon which the clinic is located and to enable the C-N zone, which is restricted to one quadrant of an intersection, to be more appropriately used by the co-applicant on Site A. A written narrative combining the two requests was submitted as part of the application. It is included as part of this staff report. 5. Agency Comments The Engineering Division, Tualatin Valley Fire and Rescue District, Washington County, Beaverton and Tri-met have reviewed the proposal and have no objections. No other comments were received at the time of this report. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 5.4, 8.1.1, 12.2.1 (1) and 12.2.1 (3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules, Chapter 660 Division 12. 4 • • 1. Policy 1.1.2, Implementation Strategy 2, requires that in order to approve quasi- judicial changes to the comprehensive plan map, the city council must find: a) A change is consistent with applicable plan policies; and b) A change of physical circumstances has occurred since the original designation, or c) A mistake was made in the original land use designation. The applicants' statement in support of this proposal asserts that three physical changes of circumstances have occurred affecting the sites and a mistake was made in the original land use designation of site B. A summary of these arguments follows. St. Vincent's Medical Clinic was partially built on a one-acre parcel, which is zoned Neighborhood Commercial, despite the fact that the city council amended the comprehensive plan and zoning maps with the intent that retail commercial uses be developed there. CPA 10-86/ZC 18-86 was a request by Bethany Associates to rezone a portion of a 5.4-acre parcel on the corner of Scholls Feny and North Dakota from C-P to C-G on 3.9 acres; the remainder would remain C-P. This action was to accommodate a neighborhood office and retail center designed to maximize pedestrian access to the site, particularly from the Meadowcreek apartment project immediately south of the site. The proposal stated "The medical/dental/professional office portion of the plan can be built in the present C- P zone so no change is necessary". The city council approved the request with the added conditions that one acre of the site be rezoned as C-N in order to limit the scale of commercial development which is compatible with nearby residential neighborhoods. Despite the intent of the council's action, a regional medical clinic was developed on the C-N zoned property. This use does not fulfill the purpose of this zone. The Tigard code states, " The purpose of the C-N zoning district is to provide convenience goods and services within a cluster of stores. Convenience goods are goods which are bought frequently, at least weekly, and for which people do not engage in comparison shopping. The uses permitted in the neighborhood center include convenience markets, beauty shops, barber shops and repair shops. The range of uses is limited to those uses which can be sustained by a limited trade area." The expectations of the zone change in 1986, therefore, were never fulfilled and the neighborhood commercial uses intended by the C-N zone never developed. The applicant claims that this represents one physical change of circumstances. The applicant asserts that the second physical change of circumstance is related to the type of existing uses on the sites. The recently-completed bank and tenant • 5 � ' • space on Site A, though allowed under C-P zoning, are more neighborhood commercial or retail uses than the medical clinic on Site B. This situation represents a change from the original designations and intents of the C-P and C-N zones. A third change in physical circumstances since the original designation in 1986, the applicant asserts, is the additional street improvements made in the area. The widening of Scholls Ferry and installation of speed humps along North Dakota improve the traffic flow in the area and discourage use of North Dakota as a 'cut- through' street. The installation of a traffic signal at Scholls Ferry and North Dakota has made it easier, more safe and convenient to access Sites A and B. In addition to the above, a mistake was made in the original land use designation of Site B. Ordinance 86-58 designated 1.0 acres as C-N on the southeast corner of Scholls Ferry and North Dakota. The current plan and zoning maps show all of tax lot 401, 1.99 acres, as C-N. The medical clinic development, covering approximately two acres, is built on land zoned C-N and C-P. The mistake was likely a mapping error which designated the whole tax lot as C-N, instead of the northern one acre only. Staff concurs that one physical change of circumstance has occurred since the original designation. More importantly, staff concludes that mistakes were made in the original designation and subsequent development of Site B. The action by the city council in 1986 to rezone the 5.4-acre property on the southeast corner of Scholls Ferry and North Dakota to C-G and C-N was done to accommodate neighborhood commercial uses. Ordinance 86-58 reads, in part, "...the scale of the project should be limited so as to result in commercial development which is most beneficial to and compatible with nearby residential neighborhoods". Instead, a regional medical clinic was developed on approximately two acres of the western portion of the 5.4-acre site that straddles both the C-N and C-P zoning districts. This could represent a physical change that was not intended by the council, does not fulfill the purpose of the C-N district and precludes development of neighborhood commercial uses on the site. In addition, because of a restriction in the comprehensive plan locational criteria for C-N, the corner of this intersection cannot have another C-N district, thereby precluding a neighborhood commercial district across North Dakota Street. Staff also concludes that a mistake was made in the original land use designation of Site B, and a mistake was made in approving the location of the medical clinic development in 1988. The city-council action in 1986 to rezone this site included the following provisions. 6 S a) The eastern 2.9 acres of the site shall be redesignated for Commercial General development in the Comprehensive Plan and C-G on the Zoning Map. The northwest corner containing 1_0 acre will be redesignated for Commercial Neighborhood development in the Comprehensive Plan and C- • N on the Zoning Map. [emphasis added] b) Commercial development occurring within a zoning district shall not utilize space outside of the respective .zone to satisfy parking or landscaping requirements prescribed by the Community Development Code. The map referred to in a) above is shown as Exhibit C in this report. The action clearly was to rezone only 1.0 acre as C-N. Currently, the comprehensive plan and zoning maps show this district as 1.99 acres (Exhibit E). Staff made a mistake in designating the C-N boundaries in subsequent maps. Provision b) above was adopted by the council due to concern about negative impacts associated with a larger scale commercial retail development spilling over on to another zoning district. The medical clinic development, as built, does indeed cover part of the original C-N district and part of the C-P.district to the south of the C-N district. Staff finds that a third mistake was made related to Site B by allowing a single use that exceeds 4,000 square feet. Chapter 18.60 (C-N: Neighborhood Commercial District) of the Tigard Development Code contains the following restriction: "No use shall have a gross floor area greater than 4,000 square feet." The portion of the medical clinic, which is considered a single use, located in the C-N zone should not exceed this square footage. The portion of the clinic in this zone is approximately 10,000 to 12,000 square feet. Based on the above discussion, Policy 1.1.2(2) is met. Approval of the this proposal would recognize the changed circumstances and correct the original mistakes made in creating, defining and developing the site within the C-N zone. 2. Policy 2.1.1 states that the city shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The policy is satisfied because the surrounding property owners were given notice of public hearings related to the proposal and given the opportunity to comment on the proposal. The notice for the planning commission and city council hearings were sent to surrounding property owners within 250 feet of the affected property, posted at Tigard City Hall and advertised in a local newspaper. In addition, the applicant provided notice of and conducted a neighborhood meeting on October 19, 1995, for interested property owners and those within a 250-foot radius of the affected property. 7 • 3. Policy 5.4 states that the city shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. The properties proposed for redesignation are currently zoned C-P and C-N, both commercial designations. Also, these properties are located among other commercially zoned parcels. This policy is satisfied, therefore, because there will be no encroachment of new commercial development into residential areas. 4. Policy 8.1.1 states that the city shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. The applicants' argument that the proposal would not have a significant effect on either the local road system in the area or the planned Washington County transportation system (Scholls Ferry Road) depends on the traffic study submitted for the previous application (CPA 95-0002JZON 95-0003) for a plan and map amendment on Parcel 3 of Site A. The study and subsequent letters and comments from Washington County are included as Exhibit F. The study analyzed the worst case situation under C-G zoning on Parcel 3 only. This analysis showed that the transportation system would not be adversely affected. City and county staff agree that the analysis also suffices for the current proposal to rezone Parcels 1 and 3 to the less intensive C-N. Parcel 1 has recently developed as a bank and is under long-term lease with the property's owner. This use will not change due to the rezoning. Parcel 3 has recently developed as 8,415 square feet of tenant space. The uses allowed under the C-N zoning would not generate as much traffic as those allowed under C-G. In addition, any one use is limited to 4,000 square feet under C-N zoning. The owner/developer of Parcels 1 and 3 has already made street improvements as conditions of approval of SDR 94-0014. These improvements serve to mitigate the impact of additional traffic at this site. The traffic impacts resulting from the medical clinic on, Site B were analyzed and mitigated during site development review of that project in 1988 (SDR 88-05). The current proposal, therefore, to rezone this site from C-N to C-P, if approved, will not affect the transportation system because the site is already built out. The city's Engineering Division and Washington County have reviewed the traffic analysis and find that the proposed amendment will not have a significant effect on the planned transportation system. The Engineering Division states that because the proposal is an exchange of already existing zoning districts that involves virtually the same amount of land, there will be no additional traffic impact caused 8 • • either by a new zoning district or by land added to the old districts. For the above reasons, Policy 8.1.1 is satisfied. • 5. Policy 12.2.1 (1) provides the locational criteria for designating land as neighborhood commercial (C-N). These criteria apply to Site A. The locational criteria can be construed in a flexible manner in the interest of accommodating proposals which are found to be in the public interest and capable of integration into the community. The burden of proving conformance with the criteria varies with the degree of change and impact on the community. The applicable locational criteria with findings are as follows: (1) Spacing and Location • a. The service area radius for a neighborhood commercial center shall be at least one-half of a mile. The service area depends on the type of tenants who locate at the site,- but it is expected to be at least one-half mile. If approved, this C-N district would be the only one within one mile. There are C-G and C-P districts within one half mile that serve a larger trade area. b. Commercial development shall be limited to one quadrant of a street intersection or where there is no street intersection. to one side of the street. If this proposal is approved and Site B is designated as C-P, then Site A would be the only quadrant of the intersection designated as C-N. The northeast quadrant in Beaverton is designated as 0-C (Office Commercial); the northwest quadrant in Beaverton is R-7 (Single-Family Residential); and the southeast quadrant would be C-P (Commercial Professional). This criterion, therefore, is satisfied. (2) Access a. The proposed center or expansion of an existing center shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity existing and projected traffic volumes the speed limit. number of turning movements and the traffic generating characteristics of the most intensive use allowed in the zone. As discussed above under 8.1.1, staff agrees that the traffic analysis completed for the previous comprehensive plan and zoning map amendment (CPA 95-0002/ZON 95- 0003) suffices for the current proposal. Based on this analysis and for the reasons cited in 8.1.1, staff concludes that redesignating Parcels 1 and 3 of Site A to C-N will not create traffic congestion or a traffic safety problem. This criterion, therefore, is satisfied. 9 • • • b. The site shall have direct access from an arterial or a collector street which will not directtraffic through local neighborhood streets. Access to the site Is via North Dakota Street, a minor collector. This was determined by the city's approval of the site development plan (SDR 94-0014) in August of 1994 because direct access to Scholls Ferry Road, an arterial street, was prohibited by Washington County. Because site traffic will use Scholls Ferry Road and North Dakota, and traffic is not directed through local neighborhood streets, this criterion is satisfied. (3) Site Characteristics a. The site shall be of a size which can accommodate present and projected uses, but shall not exceed two acres. Parcel 1 of Site A has recently been developed as a bank. Parcel 3 has developed as 8,415 square feet of tenant space. Both uses were reviewed and approved by the city in 1994. The site size does accommodate the present uses. Any additional future uses would have to be approved by the city. Parcels 1 and 3 combined include 1.10 acres. This criterion, therefore, is satisfied. (4) Impact Assessment a. The scale of the project shall be compatible with the surrounding uses. Site A is already developed as a bank and commercial tenant space. Both structures are one story and oriented towards Scholls Ferry Road and North Dakota Street. The scale of this project is compatible with the surrounding uses of commercial and medium density residential. b. Site configuration and characteristics, and relationship to the street system, shall be such that privacy of adjacent non-commercial uses can be maintained. The existing development on Site A is oriented toward Scholls Ferry Road and North Dakota Street. To the east across North Dakota Street is commercially-zoned land which includes the medical clinic. To the south is the Kindercare day care center, a conditional use in an R-7 (PD) zone. There are no windows or public access facing south towards this residentially-zoned area. To the east is the new veterinary clinic building -and a 20-foot buffer between the building and the residential neighborhood. With the foregoing configurations and characteristics, this criterion is met. c. It shall be possible to incorporate the unique features into the site design and development plan. The site has already been developed. It contained no unique features before development. This criterion, therefore, is satisfied. 10 d. Associated lights. noise and activities shall not interfere with adjoining non- residential uses. The existing site development as approved and constructed does not and will not create noise and lighting impacts to the medical clinic across North Dakota Street or the Kindercare center to the south. The Parcel.3 building orientation faces north away from the day care center. This criterion, therefore, is satisfied. 6. Policy 12.2.1 (3) provides the locational criteria for designating land as commercial professional (C-P). These criteria apply to Site B. The locational criteria can be construed in a flexible manner in the interest of accommodating proposals which are found to be in the public interest and capable of integration into the community. The burden of proving conformance with the criteria varies with the degree of change and impact on the community. The applicable locational criteria with findings are as follows: (1) Spacing and Location a. The Comprehensive Plan map fixes exact boundaries of the commercial professional area. This policy is satisfied because the boundaries of the C- P designation will be set by ordinance that amends the comprehensive plan map. b. The commercial area is not surrounded by residential districts on more than two sides. The properties to the north of the site are in the City of Beaverton and zoned office commercial; to the west of the site is land zoned commercial professional (C-P); if the current proposal is approved the properties to the west would be C-P and C-N; to the south is land zoned C-P; to the east is land zoned C-G. This criterion is satisfied because the affected site is surrounded by commercial districts on all sides. (2) Access a. - The proposed use or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity, existing and projected traffic volumes. the speed limit. number of turning movements and the traffic generating characteristics of the various types of uses. Site B is already developed with the medical clinic. This development was reviewed and approved by the city council in 1988 (SDR 88-05). Traffic concerns were addressed during that review process. Approval of the current proposal would not affect the existing 11 I • traffic generation or patterns related to this site, therefore, this criterion is satisfied. (3) Site Characteristics a. The site shall be of a size which can accommodate present and projected needs. Site B is already developed and can accommodate the present needs. There are no plans for expansion of the medical clinic. This criterion, therefore, is satisfied. b. The site shall have high visibility. The site and existing development is clearly visible from Scholls Ferry Road and North Dakota Street. This criterion, therefore, is satisfied. (4) Impact Assessment a. The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. The existing medical clinic is oriented towards Scholls Ferry and North Dakota. To the north of the site, across Scholls Ferry is a bank; to the east is a McDonald's restaurant and auto lube center; to the south is a vacant parcel of C-P land; and to the west, across North Dakota, is a bank, veterinary hospital and, commercial tenant space. The nearest non-commercial use is the Meadow Creek apartments to the south beyond the vacant commercial parcel. This criterion, therefore, is satisfied. b. It shall be possible to incorporate the unique site features into the site design and development plan. The site has already been developed and there are no unique features on the site. This criterion, therefore, is satisfied. c. Associated lights. noise and activities shall not interfere with adjoining non- residential uses. The site has already been developed. To the north of the site, across Scholls Ferry Road, is a bank; to the east is a McDonald's restaurant and auto lube center; to the south is a vacant parcel of C-P land; and to the west, across North Dakota Street, is a bank, veterinary hospital and commercial tenant space. The medical clinic does not interfere with these non-residential uses and, in fact, is complimentary to them. This criterion, therefore, is satisfied. 7. Section 18.32 of the Community Development Code sets forth the procedural requirements for review of quasi-judicial plan amendments. The application has 12 - • • • • been processed in accordance with code sections 18.32.020, 18.32.050 and 18.32.060; hearings have been conducted by the planning commission and city council according to 18.32.090(D); and the requirements for notification of the hearings have been met according to 18.32.130 and 18.32.140. 8. Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the plan and zoning district map as follows: A. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. The applicable comprehensive plan policies and map designation: and the change will not adversely affect the health. safety and welfare of the community. The applicable plan policies related to the proposal are reviewed above under section B (Findings and Conclusions). 2. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197. until acknowledgement of the comprehensive plan and ordinances. The Tigard Comprehensive Plan has been acknowledged, therefore specific review of each statewide planning goal is not applicable. Notice of filing this proposed amendment has been provided to the Department of Land Conservation and Development for comment at least 45 days prior to the final decision date. 3. The applicable standards of any provision of this code or other applicable implementing ordinance. Code sections 18.60 (Neighborhood Commercial District) and 18.64 (Professional/ Administrative Office Commercial District) contain the standards for the C-N and C-P zones, respectively. Sites A and B have already been developed with commercial uses. The bank and commercial tenant space on Site A were reviewed and approved by the city under SDR 94-0014; the medical clinic (Site B) was approved under SDR 88-05. The standards under each zone district have been met for these developments. This criterion, therefore, is satisfied. 4. 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. See above under B. Findings and Conclusions, section 1. 13 \ 9. Oregon Administrative Rule section 660-12-060 requires that plan amendments be consistent with identified function, capacity and level of service of affected transportation facilities. Based on the applicants' traffic analysis and the improvements made to North Dakota Street (pursuant to SDR 94-0014), the proposed plan map and zoning map changes will not significantly affect a transportation facility. Washington County staff agrees that the proposal is consistent with this rule. 10. Conclusion ' In conclusion, all applicable approval criteria to support a comprehensive plan amendment and zone change have been satisfied. Staff can, therefore, make findings to support application CPA 95-0005/ZON 95-0007. Further, staff believes that amending the comprehensive plan and zoning maps to switch the locations of the C-P and C-N on this corner better serves the purposes of the,city's planning goals and neighborhood public needs. It corrects the mistakes made regarding Site B, that is, the mapping error on the existing C-N district and the mistake in allowing the medical clinic site to be sited in two different zoning districts and developed over 4,000 square feet. By assigning a C-P zone to the one acre at the southeastern corner of Scholls Ferry and North Dakota, the medical clinic development will be located entirely in one appropriate zoning district and comply with all codes. This action will also allow the C-N zone, which is allowed on only one quadrant of an intersection, to be assigned to the southwestern corner of this intersection. Locating a C-N zoning district on this corner will allow the opportunity for provision of convenience goods and services to the local neighborhood. C. DECISION The City Council APPROVES the requested Comprehensive Plan Amendment CPA 95-0005 and Zone Change ZON 95-0007 based upon the foregoing findings and conclusions. 14 . I g: b * 4.4 R 1 i�� �� I111IV) �� z �y i �� �� I � 11113 N 0 47m CT NAY - i • DR � 4 (9■1111 I I I I I NIL 130 0 a 11 es • =D � o 11119 Iliki %;% El NORTH DAKOTA ST. iti pi • 1113111 ( lit g 11 3-11 al. — .`71 Y City of Tigard Planning Department ■ . •• $ Ii'r ri.I 1 .00.41011%• j alto % li _ 4 9-1: r'; r' �i I.4AE'NO. S +41 % 11! , -. i )111 1 i ,I..1 1/ -I l 4'UOYO'fS•w 11 /_' /naG� n1a L my - ~ •. , oafs. a ■ � ro -~� ' y, •p •0 N C4 tj4 NI t s o o 4 `l c-1 V E,,,Ilr 1 1 t % t‘ VI \ H ws „i,.... 1 Il 'wc \ti.,rij41 J • 1 ,:q...,.....:.............„......„ - .?-4 4k v., . Q \ t IA atts, 5 . 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" Si, ''"- .../ ..1, ' / H ."- o---r ./.• I , •1111mfalfarwsaomain Has arm f•-f•r•site-PEmom we to sawf.flt�srsloisgr�mfbf.rno ifralo siril i�grrM a NgNrr W�rff� D Col•5 °+r EXHIBIT E • • allil■ NI ,\ 101111‘ , w Bm ,milmoisi , > i 'El a) 111011. % 1- Lo E -rpappkm _ alio C N , _______ 't . SSISSISW RD N Q SCHOL� FERRY woo a co - 0 " —I 9re=-o a� CG co I (PD) .8--- ,,.<./. spit!' * . 12 414i& 17 i E . as rm 41 1� D i---: ��4,� 1 R-25 a 11# 4jr ci-Amk 64-a ‘9410t#4A10411\ Vicinity scale Q Source: CPA 95-004WON 95-0003 file. • EXHIBIT F MACKENZIE ENGINEERING INCORPORATED CIVIL • STRUCTURAL • SURVEYING • TRANSPORTATION 0690 S.W.BANCROFiSTREET • P.O BOX 69039 PORTLAND.OREGON 97201-0039 • (503)224-9560 • FAX(503)228-1285 June 5, 1995 Washington County Land Use and Transportation Attention:Scott King 155 North First Avenue, Suite 350 Hillsboro,Oregon 97214 Re: Pacific Crest Zone Change Scholls Ferry/North Dakota Traffic Conditions Project Number 294149 Dear Mr.King Mackenzie Engineering Incorporated has reviewed traffic conditions anticipated at the intersection of Scholls Ferry Road and North Dakota Street with development of the Pacific Crest site at the southwest corner of the intersection. The scenarios reviewed include existing traffic conditions before development of the site and 1995 and 2005 conditions with and without the proposed zone change on Parcel 3 from C-P to C-G Our previous trip generation comparison indicated that under worst case scenarios,the existing zoning would actually generate more trips than the proposed zoning. Traffic volumes for 1995 were estimated from summer 1994 counts with in-process traffic added for US Bank and Jiffy Tube and traffic generated from the Pacific Crest site. This includes the planned veterinarian office and bank and the"worst case"scenarios for Parcel 3. With existing C-P zoning,Parcel 3 could support a 2,800 s.£ convenience market and a 5,300 s.£ Motor Vehicles Department office. Under - - the proposed C-G zone,the DMV office would be replaced by a video store. Washington County staffprovided EM1Vffi12 model runs for 2010 projected traffic volumes and 1985 volumes. The 2010 volume projections for Scholls Ferry are below the PM peak hour traffic counts conducted by MEI staff during the summer of 1994. To estimate the 2005 traffic volumes,the growth rate anticipated between 1985 and 2010 was applied to the 1994 traffic counts. This growth rate was found to be approximately 5%per year. The recent growth rate along Scholls Ferry Road has been 7%. The 5% rate was used for long term growth since the 7%rate is reflective of high levels of development in recent years and increased traffic due to the improvements completed on Scholls Ferry Road. Intersection capacity calculations were prepared utilizing NCAP software which simvflates the 1985 Highway Capacity ManuaL The calculation accounts for the existing PM signal timing on Scholls Ferry Road. The table below presents the intersection level of service as well as volume to capacity ratio(V/C) and average delay for the existing and proposed zones in 1995 and 2005. The signal progression system currently operating on Scholls Ferry provides a low average delay for through traffic. Traffic volumes projected for 2005 result in intersection demand significantly over capacity. These results,although shown,are not reliable. Several variables may affect future operation of the intersection including a constant growth rate of 5%,how planned roadway improvements will affect Scholls Ferry traffic,and F:1WPDATA19S-06194149+05L1.SK r • • Scott King Project Number 294149 June 5, 1995 . Page 2 what improvements if any may be constructed on Scholls Ferry Road such as a third lane or intersection improvements. Some of the planned improvements which may reduce Scholls Ferry traffic include the Murray Boulevard Extension/Walnut improvements and SW 125th Extension to Hall Boulevard. Intersection Capacity and Level of Service Scholls Ferry Road at North Dakota Street • Scenario V/C Delay LOSS 1995 C-P Zone 0.993 32.2 D 1995 C-G Zone 0.987 30.5 D i 2005 C-P Zone 1.63 >60 F 2005 C-G Zone 1.62 >60 F •Level of Service is based upon average delay. The intersection of Scholls Ferry Road at North Dakota Street will experience demand in excess of its capacity within the next few years. The traffic increases will be attributable to development over a large area of Tigard and Beaverton,not one specific project,as Scholls Ferry is a major arterial roadway. The costs of any improvements which may be constructed on Scholls Ferry Road should be shared with all new development in the area. If you have any additional questions please call me at 224-9560. Sincerely, c )&ad-6L Brent Ahrend � 4 #10505 9 { Traffic Analyst 'lid• OO BTA.sk 0 '14'4 '� I �Y13 � �+� Enclosures q` • 10 G. L P¢e' c: Ray Valone,Michael Anderson-City of Tigard Dan Boyden-Pacific Crest Richard Allen-Ball Janik&Novack F:IWPDATA\95-O6194149105L1.SK • • 0 _„ 0 ri L z Scholts Ferry Rood • SI TES %%/ oc 11ti 661 I's 158 1014 +--1660 75 f 85 1 � � CO N 11 141 0 © c 2 , FIGURE 1 DRAWN BY: OMB EXISTING 1994 CHECKED BY: BTA PM PEAK HOUR TRAFFIC DATE: 6-5-95 JOB NUMBER:294149 MACKENZIE ENGINEERING INC OR-PORATED SHEET OF Uvu • Structural • Transportation - 1 11 Fri 1 0690 S. W. Bancroft Street • P.O. Box 69039 Cd YAatExztE ETCPCEERVC *CORPORA E° Portland. Oregon 97201-0039 O • r Y 0 0 L Z Scholls Ferry Rood a % SITE B sip * 0Ps N u - c'& n V s, 90— 1"-- 192 90--° `- 192 983--0. .0-1608 98.3—s• 1-1608 141x �, 152 132�� �„— 139 c.. O N s 0 N 1••• co hO �. on n n •• N • 1 168 1 146— 4: a Nr Existing Zoning Proposed Zoning DMV VIDEO FIGURE 2 DRAWN BY: OMB 1995 TRAFRC CHECKED BY: BTA PEA PEAK HOUR DATE: 6-5-95 JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF civil 69 • Structural o• Transportation oe 69039 n n 0690 S. W. Bancroft Stmt • P.O. Box 69039 68 mACicEitBE ENCtrcEERINC p ppRATED Portland, Oregon 97201-0039 • o O r _ z Scholls Ferry Road • A % SITE sip 04 03 it 00 CO el el JCFL 1jL 137 - 304 137.v `` 304 1703 • -•--2787 1703—+ -0-2787 194ti� �r 212 185 ! rr 199 a, O c m r` r7 N Cr �n A o, � cr — n 168--1 14 Ar 1 34-N, 1 37� 1 Bto • Existing Zoning Proposed Zoning DMV VIDEO FIGURE 3 DRAWN BY: DMB 2005 TRAFFIC CHECKED BY: BTA DATE: 6-5-95 PM PEAK HOUR JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF Civic • Structural • Transportation F1151 0690 S. W. Bancroft Street • P.O. Box 69039 •• O79V I-MAO • • WASHINGTON COUNTY, OREGON June 8, 1995 Ray Valone City of Tigard Planning Department 13125 SW Hall Blvd. Tigard, OR 97223 Re: CPA 95-0002/VAR 95-0003 -PACIFIC CREST PARTNERS Thank you for the opportunity to review and comment on this plan amendment proposal. As I noted in my May 16 letter,the County's interest in this proposal is limited to its impact on SW Scholls Ferry Road,a County major arterial. To review the impact on this facility, the County relies on findings based on OAR 660-12-060 (Plan and Land Use Regulation Amendments) from the Transportation Planning Rule (11'R)• To address this TPR requirement,the applicant's consultant (MS) has provided the County with a traffic analysis (dated June 5th) which identifies the impact this proposal would have on the planned County transportation system for year 2005. This analysis is based on a reasonable worst case site development scenario for both the existing zoning and the proposed zoning. Specifically,these worst case scenarios are, 1) Existing zoning (CP) = 2800 s.f. convenience market and a 5300 s.f. Motor Vehicles Department office; and 2) Proposed zoning (CG) = 2800 s.f.convenience market and a 5300 s.£video store. I note that these square footages only add up to 8100 s.f. and not the 8400 s.f. of space assumed to date. Whether or not this incongruity is simply a typographical error or is,the wrong site size, I do not believe the discrepancy is significant because the difference in the extra 300 s.f. should be proportionally higher for each scenario resulting in an equivalent relative impact. While these worst case scenarios have been discussed at length between city and county staff, I must rely on the City's of their code as it relates to reasonable worst development. Assuming the reasonable worst case development scenarios are an accurate reflection of allowed land uses for the site,the County finds that the proposed plan amendment will not have a significant effect on the planned County transportation system. Year 2005 deficiencies in this area are due to effects of traffic growth based on the current land use system. The analysis shows that this proposal will not make the planned system any worse than It would be with no plan amendment. Therefore, the county - has no objections to this plan amendment request. If you questions regarding these comments, please call me at 681-3961. G'o , Scott long Senior Planner c: Mark Brown Brent Ahrend Department of Land Use and Transportation, Planning Division Phone: 503/640-3519 .. — . . .., _. __ i._____ n,...• rwr cna Ieev3_A Al 9 � r - • .Agenda Item No. 31 • • Meeting of Qid-7.)e U TIGARD CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 • Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli 1. ROLL CALL Council Present: Mayor Jim Nicoli;. Councilors Paul Hunt, Bob Rohlf, and Ken Scheckla. Staff present: Bill Monahan, City Administrator; Gary Alf son, Acting City Engineer; Pam Beery, Legal Counsel; Jim Hendryx, Community Development Director; Wayne Lowry, Finance Director; Loreen Mills, Administrative Analyst; Ray Valone, Associate Planner; and Catherine Wheatley, City Recorder. • STUDY MEETING • Council Position No. 2: Council reviewed the results of the cumulative ratings for the nine council-candidate applicants. Council consensus was that the following candidates would be asked for an interview on January 30, 1996: Craig Dirksen, Brian Moore, Joyce Patton. Council briefly discussed the format of the January 30, 1996 interview meeting. Council requested that a letter be sent to candidates who were not selected for an interview and to thank them for applying. Also, Council noted there will be a vacancy on either the Budget Committee or Planning Commission (depending on who is selected to fill the vacant Council position) . Applicants should be encouraged to apply. • Fans of Fanno Creek (see letter on file with the Council packet material) : Council consensus was to approve the request for funding for a March tree planting. • MPAC Nominations: Council agreed, by consensus, to the recommendations contained in a January 19, 1996, memorandum transmitted to the City by Jeannine Murrell of Cornelius. MPAC nominations for one-year terms, with 1st Vice Chair moving to Chair in the second year were as follows: Chair: Charles Hales, Portland 1st Vice Chair: Rob Drake, Beaverton 2nd Vice Chair: Chuck Peterson, Clackamas County • Special Districts • Library Strategic Plan: Councilor Rohlf advised he would not be able to serve on the Library committee because of time commitments in the future for the Solid Waste Task Force. • Insurance Provider - Aspen Ridge: In response to a question from Councilor Scheckla, City Administrator Monahan explained the information sent to the Council regarding Aspen Ridge and the involvement by Aetna and Northland Insurance Companies . Aetna is no longer involved. Mr. Monahan advised there ,will be a meeting on this matter cn January 24, 1996 . Legal Counsel Beery explained that the City cannot enforce covenants and restrictions for homeowners' associations. Mr. Monahan was provided a list of options with regard to the Aspen Ridge situation including: • Code enforcement • Conditions of approval • Sanding • Executive Session: The Tigard City Council went into Executive Session at 6 :53 p.m. under the provisions of ORS 192 .660 (1) (d) , (e) (f) (h) to discuss labor relations, real rnnar- D V transactions, exempt public records, current & pending litigation issues, and the performance evaluation of a public employee. CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 1 • • • Council meeting reconvened at 7:15 p.m. • Summerfield - trees: Council briefly discussed a report of tree removal in Summerfield. Community Development Director Hendryx advised that no permit appears to be required for tree removal. Mayor Nicoli noted concerns about street trees in poor condition at various locations throughout the City. He suggested it may be necessary to set up a replacement program. • Durham Road - private fence: City Administrator Monahan advised that the Code Enforcement officer is checking into a fence that has fallen over along Durham Road. > Status of Homeless Task Force Recommendations - City Administrator • referred to the memorandum on file with the Council packet material. • Oregon Department of Transportation (ODOT) update - Mayor Nicoli advised that ODOT will request in their budget cameras to monitor major arterials including Highway 217, 99W and I-5. More readerboards are also being planned. • Tigard Feed & Seed/Burlington Northern property: City Administrator Monahan reported that the plat was submitted to record the minor land partition. He estimated 4-6 weeks for a closing date. Mayor advised a non-profit group is looking at becoming involved with the building purchase from Mr. Johnson. The Chamber of • Commerce will be involved with building renovation; the non-profit group will probably be asking for use of a meeting room on a scheduled basis. • • Public hearing process : Legal Counsel Beery advised that the hearings will be "de novo" (as opposed to "on the record") . • 1. BUSINESS MEETING 1.3 Pledge of Allegiance • 1.4 . Council Communications/Liaison Reports There were none. 1. 5 Call to Council and Staff for Non-Agenda Items City Administrator Mcnahan advised he would like to present a resolution to accept a gift. Councilor Rohlf requested that Council consider calling up the following for review: Site Development Review (SDR) 95-0019, Planned Development Review (PDR) 95-0008, and Minor Land Partition (MLP) 95-0012. (Name of Applicant: Future Shop. Location: East side of S.W. Dartmouth Street and South of Pacific Highway. 2. UPDATE: TUALATIN VALLEY FIRE & RESCUE (TVF&R) • Dave Austin, Tualatin Valley Fire & Rescue, summarized their 1995 activities and distributed a handout. He referred to the December 12, 1995 windstorm and advised that the Emergency Operation Center • for Washington County and the Southeast Zone Management Area had been activated. The City of Tigard staff were instrumental in the successful emergency response to this event. He extended his thanks to the City of Tigard. Mr. Austin to programs and events that were itemized on the • handout, i ncludi T'ic the annexation of the Beaverton Fire District (which should help continue to lower the tax rate) , and a grant to implement the "Learn Not To Burn" curriculum in grade schools . CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 2 • • 1 TVF&R has proposed to extend to the community the use of a public meeting room in the Burnham Street Fire Station. The Budget Committee was reviewing making minor modifications to one of the rooms so it could be used for this purpose. Mr. Austin closed by urging people to take time to check smoke detectors. If a "citizen did not have one, the Fire District would install one at no charge. . In response to a question from Councilor Scheckla, Mr. Austin advised he did not know why the hazardous condition responses have more than doubled in the City of Tigard last year. He said he would ask the Fire Marshall to review this question. Councilor Hunt noted that the Fire District would check fire alarms if citizens brought them into a station to determine if they were working. The District would replace the detectors if needed. Mr. Monahan noted appreciation for the training received from the Fire District with regard to emergency management. Staff's comfort level would not be at the level .that it was without the training that has been provided. 3 . VISITOR'S AGENDA • There were no visitors. 4. CONSENT AGENDA Councilor Scheckla noted a correction to the minutes of November 14, 1995 which the City Recorder noted. 4.1 Approve Council Minutes: November 14, 21, December 6 and 19, 1995 4.2 Approve City Administrator's Contract 4 .3 Approve Hearings Referee Contract with Deneice Won MOTION by Councilor Scheckla, SECONDED by Councilor Hunt, to approve the 'Consent Agenda with the correction to the November 14, - 1995 Council • minutes. The motion was approved by a unanimous vote of Council present. (Mayor Nicoll and Councilors Hunt, Rohlf and Scheckla voted "yes. ") 5. CONSIDERATION OF ORDINANCE - PARKING RESTRICTIONS ON WALNUT STREET AND ON • ROYALTY PARKWAY -a. Staff Report Acting City Engineer Alf son presented the staff recort asking for the Council' s approval of an ordinance imposing parking restrictions on Walnut Street and on Royalty Parkway. He explained that the .streets had not been designed to accommodate parking but was being used as a parking area anyway. • MOVED by Councilor Hunt, SECONDED by Councilor Rohlf, to approve Ordinance No. 96-01. The motion was approved by a unanimous roll call vote of Council present. (Mayor Nicoll and Councilors Hunt, Rohlf and Scheckla voted "yes. ") ORDINANCE NO. 96-01 - AN ORDINANCE AMENDING T.M.C. 10.28 .130 BY ADDING PORT IONS OF S.W. WALNUT STREET AND S.W. ROYALTY PARKWAY WHERE PARKING IS PROHIBITED. E. LOCAL CONTRACT REVIEW BOARD: AWARD PHONE SYSTEM UPGRADE TO GTE a. Staff Report Finance Director Lowry summarized the staff report, explaining that • they have reached a point where they needed to exnand the phone CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 3 • • • • • • system. He said that they thought this upgrade would extend the life of the system five to seven years. He stated that GTE had been the sole bidder, and that GTE had installed the original system. He said that the resolution under Agenda 7 was for a budget adjustment since the bid was higher than the budgeted amount. b. Council Questions Councilor Scheckla asked where the additional money would come from. Mr. Lowry said that it would come from several different funds as specified in the resolution. In response to a question from Councilor Rohif, Mr. Lowry explained that the budget figure had been based .on an average of the estimates staff had gotten from several companies prior to going out to bid. Councilor Rohif commented' that the final amount appeared to be a 25% to 30% increase over the budget and asked why they needed to • upgrade. Mr. Lowry explained that they needed more lines to accommodate increased phone traffic and modems .for the computers. In response to a question from Councilor Rohif, Mr. Lowry said that they were not replacing the old system but expanding the capacity by adding more hardware and software.. Mayor Nicoli commented that he has had trouble getting through to City Hall on the phone. He agreed that it -was time to add more lines. c. Council Consideration: Motion to approve the award of a phone system upgrade to GTE for $33, 607. Motion by Councilor Hunt, seconded by Councilor Rohif, to approve the award of a phone system upgrade to GTE for $33, 607. The motion was approved by a unanimous vote of Council present. (Mayor Nicoll and Councilors Hunt, Rohif and Scheckla voted "yes. ") 7. BUDGET ADJUSTMENT FOR PHONE UPGRADE a. Staff Report: Finance Department b. Council Questions • c. Council Consideration: Resolution No. 96-01 • • Motion by Councilor Rohlf, seconded by Councilor Scheckla, to approve Resolution 96-01. The motion was approved by a unanimous vote of Council present. (Mayor Nicoll and Coun_ciiors Hunt, Rohlf and Scheckla voted "yes. ") RESOLUTION NO. 96-01 - A RESOLUTION ADJUSTING THE 1995/96 BUDGET TO ALLOW FOR THE PURCHASE OF A PHONE SYSTEM UPGRADE. S . CONSIDERATION OF UPDATED POLICIES - UTILITY BILLING AND COLLECTION • a. Staff Report: Finance Department Mr. Lowry reviewed the mercer with the Water District in 1993/94 • which included consolidation of utility billing services. He explained that the new chapter to the Tigard Municipal Code (TMC) proposed by staff would formalize the process and policies currently • in Place and "fill in the holes. " He said that staff had presented the proposal to the Intergovernmental Water Board in November 1995 . Mr. Lowry reviewed the additions to the policies and procedures (as listed in the staff report) , including_ adding an additional day to the shut off procedure to give citizens sufficient time to notice the shut off notice posted on a door, increasing the reconnection fee by $3, and establishing a customer appeals process. Mr. Lowry asked Council to adopt the new chapter in the TMC and the resolution setting imp the fees and charges. CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 4 • • • b. Council Questions Councilor Hunt stated that the- Intergovernmental Water Board reviewed these suggested changes quite thoroughly and suggested some changes. c. Council Consideration: Ordinance No. 96-02 & Resolution No. 96-02 Motion. by Councilor Hunt, seconded by Councilor Rohlf, to approve Resolution 96-02. • The motion was approved by a unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes. ") RESOLUTION NO. 96-02 - A RESOLUTION OF THE CITY OF TIGARD ESTABLISHING FEES AND CHARGES FOR UTILITY BILLING AND COLLECTION PROCEDURES IN CHAPTER 12.03 OF THE TIGARD MUNICIPAL CODE. Motion by Councilor Scheckla, seconded by Councilor Rohlf, to • approve Ordinance 96-02. The motion was approved by a unanimous roll call vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes. ") ORDINANCE NO. 96-02 - AN ORDINANCE OF THE CITY OF TIGARD AMENDING TITLE 12 OF THE TIGARD MUNICIPAL CODE BY ADOPTING NEW RULES AND REGULATIONS FOR THE COLLECTION OF WATER, SEWER AND STORM DRAINAGE CHARGES. 9. CONSIDERATION OF COUNCIL POLICY ADOPTION SOLID WASTE RATE REVIEW POLICIES a. Staff Report: Administration Department Administrative Analyst Mills summarized the staff report, noting _ that over the last 12 to 14 months, the Council has discussed items for policies and procedures for solid waste management for the City, specifically wanting to make sure that its policies were clear. Ms. Mills presented two polices for Council's review: the Commercial Rate Subsidy Reduction Policy and the haulers' rate of return operating margin. • Ms. Mills reviewed that currently commercial customers subsidized the rate paid by residential customers and that it had been the • consensus of Council that the subsidy could have implications in the future for-offering possible incentives when the commercial recycling program came online. She said that this policy reduced the commercial subsidy rate gradually yet preserved the competitive residential rates by not raising them any higher that the average of the residential rates of the communities that shared a boundary with Tigard and provided similar services. Ms. Mills explained that this policy would require that one element of every rate review in the future be a comparison of Tigard rates to rates of the surrounding jurisdictions with a phased in reduction of the commercial subsidy over an extended period of time. • Ms. Mills reviewed that in discussions the Council supported the policy on the haulers' rate of return operating margin that has been in place since 1987. She said that the resolution simply reiterated the earlier policy that the rate of return that haulers could earn was calculated Cn a before tax net profit of a percentage of the cross revenues. If the profit rate fell below 8% or exceeded 12% for the aggregate of the three haulers, the rate would be adjusted to bring the rate of return to 10%. b. Council Questions in response to c- eszicrs from Mayor Nicoli, Ms. Mills said that the haulers have had an opportunity to review the policy and were in agreement With this understandinc of it. CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE Councilor Hunt stated that he disagreed with stating specifically that the City Council would give a 10% profit margin in the future because a future economy was an unknown. He said that he preferred to say that the Council would review the rate for an adjustment within the stated parameters rather than binding a future Council into a specific number. Mr. Lowry suggested changing the language in the third paragraph • from "shall be adjusted" to "should be adjusted. " Councilor Hunt said that he thought that was still too strong a wording. Mayor Nicoli suggested using the word "may be" instead of "should be. " Ms. Mills pointed out that the haulers were concerned about having • strong enough language in the policy to help them get a bank loan for heavy equipment purchases; banks did look at the wording of . these city policies. Mr. Monahan suggested inserting after "8% solid waste rate charged by the haulers" a sentence saying that "The Council shall consider an adjustment to provide a 10% margin. " ' c. Council Consideration: Resolution No. 96-04 Motion by Councilor Scheckla, seconded by Councilor Rohlf, to approve Resolution 96-04 incorporating the revisions as noted above. The motion was approved by a unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohif and Scheckla voted "yes. ") RESOLUTION NO. 96-04 - A RESOLUTION OF THE TIGARD CITY COUNCIL FORMALIZING COUNCIL POLICIES AFFECTING SOLID WASTE RATE ACTIONS. 10. PUBLIC HEARING - CURBSIDE AUTOMATION & MODIFICATION OF RESIDENTIAL YARD RATE - The Tigard City Council will hold a public hearing on January 23, 1996, to consider (1) changing garbage collection service to only be available in carts and to discontinue the use of cans in Tigard; and (2) to modify the residential yard service rate from a charge of $.01 per foot per can per month to a flat rate of $3'.00 per month per cart •that is not placed within 3 feet of the curb for collection. This change would encourage, through the rate structure, the placement of carts at curbside for a more efficient use of the automated collection system. a. Open Public Hearing. Mayor Nicoli reviewed the hearing procedures and opened the public hearing. b. . Staff Report: Administration Department Ms. Mills presented the staff report, "asking the Council to approve requiring the use of a cart rather than a garbage can by residents, and changing the current fee of a penny a foot per can (charged for cans left in the yard rather than placed at the curb by the resident) to a flat fee of $3 per month. Ms. Mills reviewed that in 1993 the Council di—reed the haulers to automate their collection service to provide great efficiency and to allow for greater capacity in the future. the haulers paid to retrofit their trucks to lift the carts and now only 106 of their customers still used a garbage can. Ms. Mills reviewed the difficulties in billing for yard service based on the penny per foot per can fee. She explained that service • at the curbside was the most efficient method of garbage collecting to date, resulting in the least amount of injuries to the haulers and damage to yards. She said that the rate would be for anything further off the curb than five feet (the limit of the garbage truck arm picking up the carts) . Ms. Mills explained that $3 a month was the average rate charged by surrounding communities for yard service, though the haulers CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 6 • estimated that it would cost $4.60 a month. She said that the changes would be implemented on March 1, 1996 with notice given to the haulers and citizens over the next month. She stated that this information has been shared with the CITs but she has not received any phone calls or comments on it. c. Public Testimony No one signed up to testify. d. Council Questions Councilor Hunt asked why staff was recommending $3 a month if the rate study said it would cost $4.60 a month. Ms. Mills said that staff wanted to be consistent with the surrounding jurisdictions. She explained that the time and motion study done by the haulers had been a quick review, unlike the sophisticated time and motion study done by Portland which charged $3 a month. She pointed out that during the workshop session on this issue, Council had appeared to be more comfortable with the $3 a month rate over the $4.60 a month rate, and that this would move the City in the correct direction of reducing the commercial subsidy of residential rates. Councilor Rohlf noted that the carts and automated pickup would keep prices down in the long run for-everybody. He commented that using both cans and carts meant that the haulers had to have dual pickup equipment. Ms. Mills concurred, stating that the haulers felt that over the last two years they have placed as many carts as they can without a mandate for cart only service. Councilor Rohlf asked if staff knew whether or not automated pickup has actually saved the ratepayers any money. Ms. Mills said that they have not done any specific studies and cited national studies which showed that automated pickup up could serve on the average one third more customers than manual pickup.. She also pointed out that haulers paid a reduced worker's comp premium because drivers with fully automated equipment were less likely to incur injury due to overpacked cans. She said that automated pickup was able to service customers more quickly, could handle future growth and was cost • effective. e. Public Hearing Closed .Mayor Nicoll closed the public hearing. f. Staff Recommendation • Ms. Mills recommended that Council adopt the resolution mandating cart only service after March 1 and changing the yard service rate to a flat rate of $3 per month. • Councilor Hunt asked if there was anything prohibiting a customer • from putting a cart in the backyard. Ms. Mills said that customers who did not choose to put •their carts at the curb could have the haulers come in and cet it for an additional $3 a month. Councilor Scheckla asked if this fee penalized the handicapped who were unable to take their carts to the curb. Ms. Mills stated that • this fee complied with the ADA standards because it applied to everyone and did not make an exception for the disabled. Customers were payinc an extra charge for a service, not paying an extra • charce because they were disabled. Councilor Scheckla asked if they could waive the fee on a local level of the handicapped. Ms. Mills said that they could do that. She said that waivinc a fee tended to be discouraged because of the need to obtain medical records and the obligation. to keep them confidential. Counsel Beery concurred with Ms. Mills' statements, reiterating that it was the Council' s choice. • CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 7 • • . • Councilor Scheckla asked to hear from the haulers on this issue. Mayor Nicoli advised him that the public hearing was already closed; no further testimony could be received. Councilor Scheckla said that he might 'vote against the motion without a fee waiver for the handicapped. g. Council Consideration - Resolution No. 96-04 Motion by Councilor Hunt, seconded by Councilor Rohlf, to approve Resolution 96-04. RESOLUTION NO. 96-04 - A RESOLUTION OF THE TIGARD CITY COUNCIL AMENDING RESOLUTION NO. 95-23, AND SETTING OUT MODIFICATIONS TO THE SOLID WASTE CURBSIDE AUTOMATION SERVICE PROVISIONS. - . The motion was approved by a majority vote of Council present. (Mayor Nicoli and Councilors Hunt and Rohlf voted "yes"; Councilor • Scheckla voted "no. ") 11. CONTINUATION OF PUBLIC HEARING (Hearing on 9/26/95 continued to 12/19/95 and then continued to January 23, 1996) (QUASI-JUDICIAL) : APPEAL OF SUBDIVISION (SUB) 95-0004/PLANNED DEVELOPMENT REVIEW (PDR) 95- 0005/SENSITIVE LANDS REVIEW (SLR) 95-0007 - HILLSHIRE WOODS PHASE II/SIERRA PACIFIC DEVELOPMENT - An appeal of a request for Subdivision approval to divide one parcel consisting of approximately 2 .63 acres, into six parcels ranging in size from 10, 375 square feet to 33, 535 square feet. A Planned Development has been requested to implement the properties planned development overlay. A sensitive lands review is requested to delineate wetlands and steep slope areas. A neighboring property owner has appealed the Planning Commission' s decision to approve this request. The neighbor appealed this application due to the alignment of the proposed private street, the loss of trees and impacts to area fauna. Location: 13870 S.W. Fern Street (WCTM 2S1 4DD, Tax Lot 1700) . Applicable Review Criteria: Community Development Code Chapters 18.52, 18.80, 18.84, 18.88, 18.90, 18.92, 18.100, 18.102, 18.108, 18 .150, 18 .160 and 18.164. Zone: Single-family residential, seven dwelling units per acre (R-7, PD) Comprehensive Plan Designation: Medium Density Residential (6-12 units per acre) . a. Staff Report: Community Development Department Community Development Director Hendryx presented the staff recommendation that the hearing be continued to February 27, 1996, as outlined in the Staff Report on file with the Council packet material. Councilor Hunt requested an explanation for the benefit of the - audience. Mr. Hendryx explained that this site was under consideration for acquisition by the City using the Metro Greenspaces funds. b. Council Consideration: Motion to continue the hearing to Feb. 27, - 1996. • Motion by Councilor Scheckla, seconded by Councilor Rohlf, to continue the hearing to February 27, 1996. The motion was approved by a unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes. ") . • 12 . PUBLIC HEARING (QUASI-JUDICIAL) - VACATION OF APPROXIMATELY 2,308 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW CASCADE BOULEVARD To consider the proposed vacation of approximately 2, 308 square feet of public right-of-way on S.W. Cascade Boulevard. The request was initiated by the City Council on December 19, 1995. Any interested person may appear and be heard for or against the proposed vacation of said public right-of-way vacation. Any written objections or remonstrances shall be --led with the City Recorder by January 23, 1996, by 7:30 p.m. a. Open Public Hearinc • • CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 8 • 411 Mayor Nicoli opened the public hearing. b. Declarations or Challenges The Councilors reported no ex parte contact. They indicated that they had familiarized themselves with the record. There were no challenges. c. Staff Report: Community Development Department Mr. Hendryx presented the staff report on file in the. Council Agenda packet. He explained that excess right of way on SW Cascade Blvd now existed as a result of the shifting of the road to the north during the construction of the Place To Shoot project. He said that the City initiated this right of way vacation to return it to the owner; the ordinance did preserve the utility easements within the vacated right of way. d. Public Testimony No one signed up to testify. e. Staff Recommendation Mr. Hendryx stated that staff recommended approval . f. Council Questions - None g. Close Public Hearing Mayor Nicoli closed the public hearing. h. Council Consideration: Ordinance No. 96-03 Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve Ordinance 96-03 incorporating the revisions as noted above. The motion was approved by a unanimous roll call vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes. ") ORDINANCE NO. 96-03 - AN ORDINANCE CONCERNING THE VACATION OF APPROXIMATELY 2,308 SQUARE FEET OF PUBLIC RIGHT-OF-WAY ON SW CASCADE BOULEVARD IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Mayor Nicoli recessed the meeting at 8 :49 p.m. for a break. • Mayor Nicoli reconvened the meeting at 8 :58 p.m. 13 . PUBLIC HEARING (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE CPA 95-0005/ZON 95-000 - PACIFIC CREST/PROVIDENCE • A request to amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scrolls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. Location: Southwest and southeast corners of Scholls Ferry Road and North Dakota. Applicable Review Criteria: Comprehensive Plan policies 1.1.2 (2) 2.1.1, 5.4, 8. 1.1, 12 .2 . 1 (1) and 12.2.1 (3) ; Community Development Code Chapters 18.22 and 18 .32; and Oregon Administrative Rules Chapter 660 Division 12 . Zone: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services . C-P • (Professional/Administrative Office) allows for business support services, communication sery ices, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. • a. Ooe_n Publicearinc Mayor Nicoli opened the public hearing. CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 9 • • b. Declarations or Challenges The Councilors reported no ex parte contact. They indicated that they had familiarized themselves with the record. There were no challenges. Councilor Rohlf stated that he had a potential conflict ' of interest as he lived on North Dakota; therefore he would not participate in the hearing. c. Staff '•Report: Community Development Department Associate Planner Valone reviewed the staff report and map using overhead projector images. He gave the background information on the sites and reviewed the notice area. He stated that Dan Spriggle had sent a letter withdrawing his objections (See council packet) . Mr. Valone said that the Planning Commission had recommended approval by a vote of 5 to 1 and that staff recommended approval because the application met all of the approval criteria. Mayor Nicoli asked if any new information has been given to Council this evening that had not been presented before the Planning Commission. Mr. Boyden said that they didn't talk about the tenant mix at the Planning Commission. Mr. Hendryx stated that prior to the hearing the City had received a letter from Mr. Bill Gross requesting that the record be held open for seven days. Ms. Beery advised that the Council was not obligated to leave the hearing open unless new evidence was offered. d. Public Testimony Applicant Dan Boyden, ill Oak Street, Hood River, testified that there was a ' need for more neighborhood commercial. He said that he intended to make this a neighborhood commercial center with small neighborhood types of businesses. He said that there would not be a Hollywood Video on site and that St. Vincent's Hospital has agreed to swap the zone because they thought that this was an appropriate solution. Ed Murphy, Ed Murphy & Associates, 9875 SW Murdock, stated that this proposal was substantially different than the proposal in July; it had a lower density and a mix of complimentary commercial uses. Councilor Scheckla asked how parking was allotted to each business . Mr. Boyden said that the narking was shared in common; he had made an effort to bring in a complimentary tenant mix that would even out . the parking. No proponents or opponents signed up to testify. e. Staff Recommendation Mr. Valone said that both the Planning Commission and the staff recommended apnrcval. Mayor Nicoli asked Ms. Beery if Council should leave the record oven because the applicants had indicated that they did give some new information this evening. Ms. Beery said that that was a discretionary decision by the Council, based on whether or not they believed there was anyone who would want to respond to that new information. Mayor Nicoli asked Mr. Boyden if leaving the record open for seven days with Council deliberation and decision on February 13 posed any hardship for him. Mr. Boyden said that it did and that he would rather the Council made its decision tonight because of construction schedules and lease negotiations. Councilor Scheckla pointed cut that if Council waited another two weeks to decide on this, they would have a new Councilor on board CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 10 • who would not necessarily know the issues. He suggested deciding this tonight. Mayor Nicoli commented that by leaving the record open they reduced their risk of a challenge to LUBA based on lack of time to respond to new information. He said that he did not think the information received this evening would change his decision. Ms. Beery concurred that the evidence was small and did not relate to the approval criteria. f. Council Questions g. Close Public Hearing Mayor Nicoli closed the public hearing. h. Council Consideration: Direct staff to prepare ordinance and Final Order for Council consideration at the February 13, 1996 Council meeting. Motion by Councilor Hunt, seconded by Councilor Scheckla, to direct staff to prepare ordinance and Final Order for Council consideration at the February 13, 1996 Council meeting. The motion was approved by a unanimous roll call vote of Council present. (Mayor Nicoli and Councilors Hunt and Scheckla voted "yes. " Councilor Rohlf did not vote. ) 14. PUBLIC HEARING (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE CPA 95-0003/ZON 95-0005 BRIAR DEVELOPMENT A request to amend the Comprehensive Plan map from Medium-High Density Residential to General Commercial and change the zoning from R-25 to C-G • on 9 acres of a 15.14 acre parcel. Location: Southeast corner of S..W. Scholls Ferry Road and S.W. 135th Avenue (WCTM 1S1 33AC, Lot 8000) . Applicable Review Criteria: Comprehensive Plan policies 1.1.2 (2) , 2.1.1, 4 .1.1, 5 .1,5.4, 6.1.1, 8 .1.1, 8.2.2 and 12.2.1 (2) ; and Community Development Code chapters 18 .22 and 18 .32 . Zone: C-G (General Commercial) -- allows for several commercial uses including convenience sales and services, eating and drinking establishments, food and beverage retail sales, general retail sales, and medical and dental services. a. Open Public Hearing • Mayor Nicoli opened the public hearing. b. Declarations or Challenges The Councilors reported no ex parte contacts. They indicated that they had familiarized themselves with the application. There were 'no challenges. c. Staff Report: Community Development Department Associate Planner Valone reviewed the request from Briar Development Company to amend the Comprehensive Plan to rezone nine acres of an R-25 site to General Commercial (GC) in order to develop a Haggen Food Store and Pharmacy. He gave the backcroun_d information on the site, noting the residential districts in Tiaard and Beaverton bordering it on four sides. He stated that notice was provided to property owners within 250 feet, the West CIT and other public agencies. He directed attention to the Washington County staff review of the traffic study (Exhibit C) . Mr. Valone stated that staff found that this proposal did not meet • all the applicable Comprehensive Plan criteria. He reviewed the • criteria and staff's evaluation cf the a_plicant's non-compliance as =resented on pages 3-5 i n the staff retort.= 5 He emphasized that the current action before the Council was not about a Haggen grocery Store but about rezcninc land from R-25 to CG. He said that staff was prepared to answer questions cn the Hagaen supermarket proposal though their analysis of It was not in the -•n l f retort. final -staff C=__ COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 11 • Mr. Valone reported that the Planning Commission voted to approve the proposal by a 5 to 4 vote. He said that staff recommended denial because the applicant has not met the criteria for a quasijudicial change to the Comprehensive Plan map. Mr. Hendryx noted that staff has received a letter from Mr. Gross requesting that the record be left open for seven days. d. Public Testimony Mayor Nicoli opened the hearing to public testimony, explaining the procedures for the hearing. Joel Gordon, Briar Development Company Director of Development, representing the applicant, reviewed their efforts to work with the community, . noting that the only negative testimony received before the Planning Commission had been from an economic competitor. He asked the Council for extra time to present the slide show presented at the Planning Commission that explained the project in order to rebut the misinformation contained in the flyer sent to the neighborhood by the competition. Mayor Nicoli noted that the land use of the site had no legal bearing on their decision on a zone change. • Mr. Gordon commented that they have presented this proposal in detail because they were dealing with an end user, not a developer. He argued that the City did have the authority to consider land use in rezone decisions, and to condition a rezone to a specific use. He stated that Washington County has approved this use based on the traffic issue. He said that Briar Development thought it was: consistent with Transportation Planning Rule (TPR) as it related to grocery stores, and that they were willing to accept a condition specifying that the land use had to be a grocery store. Ms. Beery advised the Council that the end user was relevant in the ' consideration of the traffic information if the Council chose to condition the rezone but suggested further discussion on that issue. She said that it was also true that the Council had to consider the full range of potential land uses possible with the zone change in order to determine if the criteria has been met. The Council agreed by consensus to view the slides (the same • pictures that were presented in the Council packet) . Don Haggen, applicant, presented the slide show, relating background information about his family owned business and pointing out the various departments including .a deli restaurant. Councilor Hunt asked how many square feet the building was. Mr. Haggen said it was 63, 000 square feet, the size they had found necessary to house all the different departments within their store. Mr. Gordon summarized the applicant' s arguments for why they believed they have met the criteria for a Comprehensive Plan amendment and rezone. He said that there had not been one substantive issue raised by staff or the community at the Planning Commission regarding adverse effects on the health, safety and welfare of the town; the testimony of the residents supported their position that the store would be good for the town. • Mr. Gordon reviewed the evidence for the four reasons why they believed there has been substantial change in the neighborhood sihce the original Comprehensive Plan: - A significant increase in population excpeding the original projections and indicating a need for increased commercial services; - The shortage of available land for commercial developments indicating an imbalance in the Comprehensive Plan which required an adequate amount' of commercial land to _provide the services necessary for the residents of the area; - The changes in the arterial roadways surrounding the site, CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 12 • • • creating an intersection of a major arterial with a major collector, making this an appropriate site for commercial use: The traffic studies indicated that the level of service on these roads would remain acceptable with either a • grocery store or apartments; Placing a grocery store close to where people lived would help to reduce vehicle miles travelled (VMT) as required by the Transportation Planning Rule (citing a 65% reduction in VMT) . Mr. Gordon reviewed the evidence that the land use was consistent • with residential locational criteria, citing the Planning Commission's findings that the -application was consistent with nine out of ten of the locational criteria. He argued that the site was not inconsistent with the criteria that a commercial zone not be surrounded by a residential district on more than two sides because the site was surrounded .on two sides by major roadways: Scholls Ferry and 135th. The only residential development was kitty corner to the lot. Mr. Gordon cited evidence in their application of four other locations in Tigard that showed the same pattern of development, commercial- uses surrounded by roadways with residential development on the other side of the street. He noted the statement in the Comprehensive Plan than the locational criteria should be construed in a flexible manner. He stated that this site was not within an established residential area that was "zone mapped. " Mr. Gordon reiterated that no community impact was identified before the Planning Commission and that Washington County has approved the access plan. He contended that this was the best site in town to • locate a grocery store to serve the nearby residents, stating that - • • there was no other commercial. site available in Tigard where a major arterial intersected with a major collector in close proximity to another major arterial (Murray Blvd) . Mr. Gordon said that if they did not find the changes in these circumstances to be substantial, they would never find any changes substantial. He contended that if they did not put a store here, the residents would have to drive further to already congested areas • to do business. He stated that they have met all the applicable criteria and urged the Council to accept the Planning Commission' s recommendation for approval. Mr. Haggen stated that they anticipated building six stores in the western Portland Metro area, and that this was their best site and would have the largest volume store. Proponents • Sidney Marshall, 13775 SW Old Scholls Ferry Road #107, Beaverton - waiving time • Loy Marshall, 13775 SW Old Scholls Ferry Road #107, Beaverton - waiving time • Dora Scheidecker, 13775 SW Old Scholls Ferry Road #331, Beaverton -- waiving time • Jean Berry, 13775 SW Old Scholls Ferry Road #306, Beaverton -- waivinc time • Violet Jackson, 13775 SW Old Scholls Ferry Road #207, Beaverton -- waiving time • Alice Brown, 13775 SW Old Schclis Ferry Road #300, Beaverton -- waiving time • • Dcr hea Kuker, 13775 SW Old Scholls Ferry Road, Beaverton -- waiving time CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 13 I • Jane Barfoot, 13775 SW Old Scholls Ferry Road #101, Beaverton -- waiving time • Susan Donin, 14938 SW 109th Ave, Beaverton, spokesperson for the Village at Forest Glen residents, said that the seniors wanted this facility built as it would be convenient for them to walk to. She explained that the retirement condos were kitty corner from the site and located in Beaverton. She said • that there was a traffic light at 135th which the seniors used to walk across 135th. • • Norma Friesch, 13755 Old Scholls Ferry Road, 4301, Beaverton - waiving time • Helen Hinkle, 13755 Old Scholls Ferry Road, 49, Beaverton - waiving time • Garland Hinkle, 13755 Old Scholls Ferry Road, 49, Beaverton - waiving time • Carol Bridges, 15404 SW Gull Court, Beaverton, stated that she was the immediate past chair of the Southwest Neighborhood Association in Beaverton which was closest to the site. She commented that Beaverton was struggling with the same issues as Tigard - whether to follow the wisdom of those who set up the Comprehensive Plan or to adapt the Plan to changing circumstances. She said that in her opinion a Hagen store was an opportunity to enhance neighborhood livability and give neighbors more choices. Ms. Bridges stated that though she did not have extensive experience with the Haggen stores, the little that she has had has been positive. She said that she thought their treatment of people indicated that they sincerely wanted to be good neighbors. Councilor Scheckla asked how a Haggen store would impact Ms. Bridges' pattern of shopping. Ms. Bridges said that she lived north of the Murray Hill subdivision but that her daily activities took her out of the area. She said that she shopped at some stores in the area but also at others outside her immediate area. She said that she travelled up to three miles to a store but that driving was not a problem for her as it might for others. Mayor Nicoli asked where the boundary of the planning group Ms. Bridges was involved with touched Scholls Ferry Road. Ms . Bridges said that it abutted Old Scholls Ferry Road. Mayor Nicoli asked what Ms. Bridges felt would be an appropriate use on Scholls Ferry Road. He noted that there was much concern that Scholls Ferry not become a strip mall like Pacific Highway. He said that another large store was in the approval stages; this would mean two additional large stores in close proximity to each other with Howard' s as a third store. He asked if she thought that this rezone proposal would keep Scholls under acceptable limits or turn Scholls into a strip commercial. Ms. Bridges said that she saw Scholls as already largely commercial and that more commercial would not upset her. She noted that most of the development on Scholls was neighborhood friendly, citing an example of a large Fred Meyer store they • had stopped up on the PGE property. She said that she thought that the fact that the site was surrounded by major streets miticated in favor of modifying the plan. She stated that touch Comprehensive Plans were developed from the best information and krowi°_cce the people had _0 to years aco, they needed to look at. the Plans in light of what they knew now about future Projections. CTmv COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 14 • • • Ms. Bridges stated that she would not want to live in an ' apartment at that location so close to a major road. She said that she thought Haggen has made efforts to minimize the impact to the south and that they would do a good job. She said that she thought this was one of those circumstances when a change to the Comprehensive Plan would serve them well. • Dale Newton, 10935 SW Summerlake Drive, stated that his neighborhood abutted the site under consideration. He related • his experience with the Haggen store in Bellingham. He said that he had been very impressed with the customer service and the deli restaurant. He said that he thought the impact on the neighborhood would be positive, citing its close proximity as convenient for walking to it. He expressed concern at the marked increase in traffic on Scholls Ferry over the last nine years. He said that he thought apartments would exacerbate the traffic problem and that he preferred the convenience of a grocery store. • Linda Newton, 10935 SW Summerlake Drive, concurred with her husband's statements about their positive experience at the Bellingham Haggen store. She commented on the community feeling they found at the deli restaurant which was packed with people who had come there to dine. She said that she -' thought it would be a positive asset to- the community. Opponents • Jeff Kleinman, 1207 SW Sixth Ave, Portland, stated that he was an attorney representing Friends and Neighbors of Scho1ld Ferry, a group of business owners and neighbors opposing this project. He requested additional time to coordinate their testimony. Mayor Nicoli granted the extra time. Mr. Kleinman stated that though he had not attending the Planning Commission hearing, he had read the staff report. He had wondered why the Planning Commission had approved a proposal that had such strong staff opposition based on solid legal grounds. He said that the slide presentation depicting such a lovely supermarket made that clear. Mr. Kleinman argued that in terms of what Haggen was proposing and what the Oregon land use system was, Haggen was attempting "to fit a square peg in a round hole. " He said that the proposal did not fit the Comprehensive Plan in the State of Oregon or the City of Tigard or the City's development code. He stated that even if the Council conditioned the zone change to just supermarket, that condition could be altered later without goinc through a full land use proceeding, and therefore the Council had to consider the maximum possible development on the site. Mr. Kleinman reviewed his reasons why the proposal did not meet the Comprehensive Plan criteria for a zone change. He contended that anyone in Tigard could cite population growth or widening of roads as a chance in physical circumstances justifying a plan amendment and zone change. He asked what was wrong with the R-25 zoning mandated for this site other than Haggen wanted it changed, stating that there was nothing wrong with it. He said that the aoolicant's arguments for the change in physical circumstances included things that haven't happened yet, like the Metro 2040 plan which placed a town center within 600 feet of this site in Beaverton. Mr. Kleinman contended that no mistake was made in the Comprehensive Plan; the site was zoned the way it was intended to be zoned. CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 15 • • • Mr. Kleinman addressed their arguments regarding the location criteria, stating- that saying a site was surrounded by roadways rather than by residential developments was one of the most novel arguments he had ever heard. He held that there were residential developments on four sides of this site. Mr. Kleinman reviewed the others who would testify on behalf of the Friends and Neighbors of Scholls Ferry. Councilor Hunt asked which commercial organizations Mr. Kleinman was representinv. Mr. Kleinman explained that he was representing a group of individuals and business owners called "Friends and Neighbors of Scholls Ferry. " He said that Mr. Baese, owner of Howard's, was a member but that the group was still in the process of forming and that he did not know who the other members were. • Gaylon Baese, 12320 SW Scholls Ferry Road, owner of Howard's, related his past experience in the grocery business since 1952 . He stated that he purchased the store from previous owner of Howard' s in 1991 after the owner filed Chapter 11 bankruptcy because the Murray Hill store did not flourish. He reviewed the negative effect on the Scholls Ferry Howard' s when that Murray Hill store opened in 1987. • Mr. Baese mentioned the new Albertson's store that would be coming in, noting that it would affect his business. He said that the market analysis done for Haggen did not take into account all the other stores that sold groceries (convenience. stores, Payless, Bimarts, Trader Joe's, etc. ) . Mr. Baese pointed out that Howard's was a family owned • business with only this one store; they did not have the deep_ pockets of a corporation. He stated that while he welcomed growth and competition, he did not think that this area could • support a Haggen store in addition to the grocery stores already located in the area. He said that he wanted to continue his business in this area but that someone would go'• out of business if this Haggen store came in. • Cleo McLeod, 11710 SW 134th Terrace, concurred that Haggen was a good, well run store but asked the Council to give consideration to some issues. She noted the traffic congestion at the intersection of 135th and Scholls, arguing that the traffic generated by a new store could triple the • length of time it took to mace a left hand turn. She said that the improvements to 135th had been paid" for through an LID in which she participated; she had not understood that she was paving for a road for truck traffic. She said that she thought the two lane 135th avenue was too narrow to accommodate additional traffic. Ms . McLecd stated that she thought that there were enough stores available presently within a half mile of the proposal . She noted that they were well established stores surrounded by other shops used by the community. Ms. McLeod expressed concern about housing, stating that • housing should be the foremost consideration because of the need for it. She said that she thought this area should remained zoned for high density housing. • Ms . McLeod expressed her confidence that the city staff 'has thoroughly analyzed the project and were unbiased in their opinions. She concurred with their recommendation against the proposal. CITY COUNCIL MEETING MINUTES - JANUARY 23, 1995 - PAGE 15 • • • • • Don Scott, Retail Research Group, Wilsonville, stated that he was the provisional researcher who reviewed the market • analysis done in support of the proposal (A Review of Haggen • Stores Market Analysis) . He submitted copies of his written review (on file in the Council packet) . . Mr. Scott explained two out of three methods used by the Leland Group in this market analysis, stating that he felt the third method was inappropriate to the situation. He stated that the Leland study did not accurately match the stores included in the study with all those that actually existed within the trade area studied or on its periphery. He reviewed what stores should have been included and directed attention to the revised figures in of his report, showing that the demand has been-met by the three new stores already planned for the area with a very small amount of unmet demand projected for 1999. He requested that the revised figures be used to the extent that the original report figures were used. In response to a question from Mayor Nicoli, Mr. Scott explained that Costco was not included because the study compared only supermarkets. • Ralph Anzellotti, Columbia Research Associates, Milwaukie, reviewed his company's experience in providing feasibility studies for supermarkets for site location studies. He • submitted a written report also. He stated that he concurred with Don Scott's comments regarding the Leland study. He said that the Leland study did not use the standard computer model used in the industry and that it overstated the trade area boundaries by quite a bit. Mr. Anzellotti reviewed comparative figures for the average dollar sales per square foot in stores in Portland, Tigard and the State of Oregon. ___He noted that the average dollars per square foot in Tigard stores was 7s less than elsewhere, which meant that it was almost in line with meeting the demand. When the Safeway store opened on Pacific Highway, there would be an oversupply. Mr. Anzellotti stated that if Haggen opened a store in addition to the Albertson's already approved, the competition between those two stores and Howard's and the Murray Hill Thriftway would result in one of the four stores closing which would also hurt the other retailers in the shoupinc center. He stated that the remaining three stores would operate at a below average sales per square foot and that one of them still might close or be hurt financially in the long term. • Robert Bernstein, Seattle, said that he was the consulting transportation engineer hired by the Friends to review the traffic issues associated with the nrouosal. He said that he • was familiar with the site because he had family in the area and had grown up in Portland. He reviewed his professional qualifications as a registered engineer and submitted items • into the record. • Mr. Bernstein said that he reached three conclusions after reviewing the material: the applicant was significantly • interested in the traffic imoacts of the proposed store; the maximum development of the proposed zoning had not been " addressed and should be; and, there was no indication in the materials that the concerns on access raised by Washington County have been•addressed. He said that if those were addressed by the January 11 retort, it could make a sicnificant difference in the traffic analysis that needed to be addressed. • Mr. Bernstein summarized the comments he made in his .letter. He said that the traffic generation estimates used were too CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 17 • • . low for a supermarket of this size in general, citing the figures given the Trip Generation Manual and the high quality merchandise in the store. He also held that the traffic generation estimates used for maximum development under the R- 25 zone were too low. Mr. Bernstein stated that no development of this site would change the vehicle miles travelled; they would simply be moved around. He explained that VMT was an aggregate measure meant to be applied on a regional basis; it was difficult to apply it to a specific property. Mr. Bernstein said that the trip distribution figures were also incorrect, stating that number of left turns has been significantly underestimated. He said that no analysis has been done of traffic queuing or the impacts on the neighborhood. He said that the general impacts of this type of development on a neighborhood were to degrade neighborhood access by creating congestion and delays. He also noted that traffic cutting through the neighborhood to avoid the signal would increase. • Craig Baese, 8070 SW Violo, Tigard, stated that he represented 65 employees of Howard's who opposed the rezoning. He reviewed how Howard's was a neighborhood grocery store with 80t of its business coming from the area between 217 and Murray. He commented on the adverse impact to the Scholls store of the second Howard's on Murray and the road construction work on Scholls. The store was currently running at two thirds of capacity. He noted the benefits Howard's provided to its employees and to the community and its support of other independent local outfits. • • Jim Rasmussen, 12495 SW Katherine, Tigard, - stated that he - owned a Shell station on Pacific Highway and was opposed to this project because of the traffic impact on an already congested road. He said that having a deli in the store would draw people from even further away, creating more traffic. He concurred that the supply and demand situation would cause one of the stores to fail and hurt the peripheral businesses, and in the long run, have an adverse impact on the city. Mr. Rasmussen argued for the Council to turn down the proposition, citing the need for more housing to enhance livability in the community and the traffic impacts on an. already congested area. • Georgia Lambert, 10530 SW Johnson, Tigard, stated that she and her husband were employees of Howard's. She said that they have worked hard to get where they were and did not want to start over. She commented that the store excelled in 'customer service and was very much a part of the community. She said that this was a store owned by a family who have made the employees feel like an extended family. Ms. Lambert said that though she was not an expert on zoning laws or economic development, she could see that another large supermarket just down the street would severely hurt Howard's • business and place a hardship on the many families supported by employees at Howard' s. • Patricia McGrann, 10927 SW 121st Avenue, Tigard, stated that she has been an employee at Howard's since 1979. She credited her steady job there with allowing her to purchase a condo four years ago. She contended that Howard' s would probably go out of business if Haggen came in, resulting in hardship to herself and the other employees. She mentioned that Howard's was part of the community and the respect the employees had for Mr. Baese who kept everyone on instead of firinc them when he purchased the store. C=T COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 18 • • John Darby, 13152 SW Clearview, Tigard, stated that he has worked at Howard's since 1987 and was now a department head. He said that Howard's has enabled him to make a steady living to support his family. He said that he thought they forgetting the urban growth boundary; people in Oregon cared more than those in Seattle about what kind of community they built. He said that this was a family community and that they • would like to keep it that way; a commercial site would ruin the effect of the community being established. • Eric Johnson, 13370 SW Snowshoe Lane, Beaverton, said that he was the current chair of the Southwest Beaverton NAC that bordered this property but that he had not received any notification of the issues involved. He noted a letter sent to the Council by Bobbie White. He said that he supported the staff findings in the December 4 staff report. Mr. Johnson said that he saw a conflict between this proposal and Tigard's current zoning requirements in that this R-25 lot was surrounded on four sides by residential developments. He said that streets did not delineate boundaries allowing a declaration of change. Mr. Johnson said that in his conversation with the Beaverton Planning Department, he learned that though Beaverton provided no written response, they did provide a verbal negative recommendation for this proposal . Mr. Johnson pointed out that the action here was a request to rezone; it was not an action of a Board of Development Review to design a Haggen store for this site. He contended that once the rezone was made, there was nothing to guarantee that a grocery store would go there, despite Haggen' s desire to out one in. The Council needed to consider all potential uses in a GC zone. • Mr. Johnson noted that Washington County submitted a letter dated December 1, 1995 placing severe limits on access to Scholls, reducing the access outlined in the Haggen proposal and changing the traffic study. He noted the severe problems on 135th going to Beaverton. • Mr. Johnson stated that he saw no compelling public need for rezoning this property to GC to facilitate a potential 60, 000 square foot grocery store; especially in light of two major stores opening within a half mile radius. He stated that there has not been a change in the physical circumstances, even though Tigard has grown and developed, nor was there a mistake made in the Comprehensive Plan. • Rob Royse, 13870 SW Otter Rain, Beaverton, stated chat his residence was about 9/10ths of a mile from the proposed site and that he too was concerned about cut through traffic. He said that is was already a problem and that he thought this proposal would si cly exacerbate it . He expressed concern at • the possibility that trucks would make deliveries late at night, causing a noise problem. Mr. Royse commented that though the applicant talked about the need for a crocery store, that was probably not one of the complaints heard from citizens. Citizens, including those from Calif ornia, complained about the traffic. • Mark Johnson, 10695 SW 133rd Place, Beaverton, stated that his property bordered the site He said that he concurred with all points broucht up so far. He stated that he had bought his house on the understanding that apartments would go in on the empty lot. He expressed concern at the noise generated late at nicht by a crocer:! store. He also said that _ ht now garbace was only occasionally thrown in his yard b y pedestrians but it would increase if a crccery score went in. CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 19 110 • Mr. Johnson said that his view would be right into the front • door of the store. He said that his main concern was the effect that the amount of auto traffic generated by Haggen's would have on pedestrian traffic and children. He noted that there have already been some traffic accidents there involving children. • • Ed Howden, 11829 SW Morning Hill Drive, Tigard, stated that he was not in favor of this proposal. He commented that he had not paid into the LID to improve 135th for this kind of project. He said that he did not want the additional traffic and associated noise. • Scott Russell, 31291 Raymond, Scappoose, stated that his family owned the land on Walnut and Scholls Ferry that was turned down originally as a site for the Albertson' s store because it was zoned General Commercial, not Neighborhood Commercial. He said that several years later the Neighborhood Commercial zoning was approved but that the store was still turned down because of its size which was similar to Haggen' s proposal. Mr. Russell said that though he would like to see this proposal approved because it would make it easier to get his own proposal approved, he was not in favor of it because of the neighborhood opposition. He said that he understood from his conversations with Liz Newton that this proposal did not go before the CITs. Mr. Russell noted that there had been tremendous objection to his original proposal because of an effort not to turn Scholls into another 99W. He cited that as a reason to keep with the original Comprehensive Plan and not rezone. He pointed out. that he had built the Walnut Street extension from Murray without an LID. Mayor Nicoli asked for specifics regarding the denial of the zone change to General Commercial for Mr. Russell' s property. ' Mr. Russell said that it had been denied in 1991 because it did not meet the criteria of .residential on only two sides. He said that he thought the biggest objection to turning Scholls into a strip mall was the traffic problems on 99W. He said that others objected to a grocery store because there weren't enouch people to support it. • Mark Padgett, 11270 SW 95th, Tigard, stated that he was a member of the Tigard Planning Commission and did not work or shoo at Howard's. He commented on the excellence of the staff report and that it was overwhelming against approval of the Comp Plan amendment. Mr. Padgett said that the applicant's argument that if the Council could not accept these criteria as evidence of change, then they wouldn' t find any evidence in Tigard was an argument that showed that the Como Plan was working. He disacreed that wider streets and increased population were valid arguments for change because that has happened everywhere in Tigard. Mr. Padgett said that if there was a need for more general commercial land in Tigard, then the way to deal with it was through a Como Plan review, not through piecemeal rezoning. He said that he did not think the application met the criteria for a rezone either. Mr. Padgett stated that the approval at the Planning Commission happened because one of the members who had not all the evidence chose to vote; otherwise it would have • been a tie vote and the application would have been denied. • CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 20 • • • • • • Mr. Padgett pointed out that in their training for the Planning Commission they were told that an applicant had to have a preponderance of evidence on their side. He said that this application did not do so. • Karen Kopplien, 12960 SW Hawksbeard, stated that she was • opposed to this project because of the traffic impact on the neighborhood. . • Mayor Nicoli recessed the meeting at 11:21 p.m. for a break. Mayor Nicoli reconvened the meeting at 11:35 p.m. Mayor Nicoli asked if Council had an option on keeping the record open, noting the letter they had received. Ms. Beery suggested • asking the applicant for their preference since she had heard a lot of new evidence from the opponents. Mr. Gordon stated that he thought this procedure was fundamentally • unfair to the applicant since they have had their reports on file with the City since September and much of the testimony received tonight had not come up at the Planning Commission. He said that they could not address the specific technical points without copies of the reports and time to review them. He asked that the hearing be continued for the purposes of accepting rebuttal testimony only. Mayor Nicoli concurred with the request, stating that he would also like time to review the new information. Mr. Monahan suggested continuing the hearing to February 13 . Councilor Scheckla suggested putting the hearing near the front of the agenda. Mayor Nicoli asked Ms. Beery if it was fair for Council to review the previous land use action concerning the denial of Mr. Russell's application. Ms. Beery said that it was and that she would also provide to the applicant the documents they didn't have copies of yet. MOTION by Councilor Hunt, SECONDED by Councilor Rohlf to continue this hearing to February 13 . The motion' was approved by a unanimous roll call vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes. ") • 15. NON-AGENDA ITEMS Mr. Monahan explained that the City has received a gift from the Kristine A. Tunling Trust, administered by US Bank. The resolution was necessary to allow the City to accept the gift. • MOVED by Councilor Scheckla, SECONDED by Councilor Rohlf to approve Resolution 95-05 . RESOLUTION NO. 96-05, RESOLUTION OF THE CITY OF TIGARD EPT D zC` ING GIFT T UNDER THE TERMS OF THE KRISTINE A. TUPLING TRUST. The motion was approved by a unanimous vote of Council present. (Mayor Nicoli and Councilors Hunt, Rohlf and Scheckla voted "yes. ") Councilor Rohlf asked to bring SDR 95-0019 back for review to look at how the proposal fit into the overlay zoning of the Tigard Triangle. The Council agreed to do so by CC sen5us. • • CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 21 • • • 16. EXECUTIVE SESSION: Cancelled. 17. ADJOURNMENT: 11:45 p.m. /' 1 Cc) Attest: / ecttAwL4A;1..e Catherine Wheatley, City Recor r ..efl 0...../..le —4111i1Z—,1 May , City or agar• Da tom! 2/.=.2 7/C 1 . • CITY COUNCIL MEETING MINUTES - JANUARY 23, 1996 - PAGE 22 • • AGENDA ITEM # & - For Agenda of February 13. 1996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Comprehensive Plan Amendment and Zone Change CPA 95-0005/ZON 95-0007 i; PREPAREDS.BYRay"�Valone` DEPT HEAD OK /U ITY ADMIN OK�— ISSUE BEFORE THE COUNCIL Should the City Council adopt an ordinance and final order for a comprehensive plan map amendment and zone change on 1.1 acres from Commercial Professional/C-P to Neighborhood Commercial/C-N; and on 1.0 acres from Neighborhood Commercial/C-N to Commercial Professional/C-P? STAFF RECOMMENDATION The Planning Commission recommended approval of this proposal at its hearing of December 18, 1995. Staff finds that the proposal satisfies all relevant comprehensive plan criteria and recommended that the City Council approve CPA 95-0005/ZON 95-0007 at the meeting of January 23. INFORMATION SUMMARY The proposed plan amendment and zone change concerns two separate sites located on the southwest and southeast corners of SW Scholls Ferry Road and SW North Dakota Street. The applicant for Site A, Pacific Crest Partners, has requested this action in order to expand the range of permissible uses to those allowed under C-N zoning. The applicant for Site B, Providence Health Systems, has requested this action to correct a mistake on the zoning map, clear up the split zones upon which the existing development is located, and to enable a C-N zone to be more appropriately used by the co-applicant on Site A. The council heard this proposal at its meeting of January 23 and voted to approve it. Staff was directed to return on February 13 with the ordinance and final order for adoption by the council. OTHER ALTERNATIVES CONSIDERED Do not adopt the ordinance and final order for CPA 95-0005/ZON 95-0007. FISCAL NOTES No direct fiscal impact to the city. • CITY OF TIGARD, OREGON • ORDINANCE NO. 96- AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A TIGARD COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY PACIFIC CREST PARTNERS AND PROVIDENCE HEALTH SYSTEMS (CPA 95-0005/ZON 95-0007). WHEREAS, the applicants have requested a,comprehensive plan map amendment and zone change from Commercial Professional/C-P to Neighborhood Commercial/C-N on two parcels (Parcels 1 and 3 of MLP 94-0013) and from Neighborhood Commercial/C-N to Commercial Professional/C-P on one parcel (northern one acre of 1S1 34BC, lot 401); and. WHEREAS, the Planning Commission conducted a public hearing for the proposed amendment and zone change at its meeting of December 18, 1995, and recommends approval of CPA 95- 0005/ZON 95-0007. • THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposed amendment/zone change is consistent with all relevant criteria based upon the facts, findings and conclusions noted in the attached final order (Attachment A); SECTION 2: The City Council concurs with the Planning Commission and staff recommendations and approves the request to designate the parcels illustrated on the attached map (Attachment A, Exhibit A). SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1996. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 1996. James Nicoli, Mayor Approved as to form: 0 City Attorney Date ORDINANCE N0. 96-_ Page 1 • • • • CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY PACIFIC CREST PARTNERS AND PROVIDENCE HEALTH SYSTEMS. The Tigard City Council reviewed the application below at a public hearing on January 23, 1996. The City Council approves the request based on the facts, findings and conclusions noted below. A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 95-0005 Zone Change ZON 95-0007 REQUEST: Amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013 from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and amend the Comprehensive Plan map on property at the southeast corner of SW Scholls Ferry Road and SW North Dakota Street from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. APPLICANTS: Pacific Crest Partners Providence Health Systems 911 Oak Street 4805 NE Glisan Street Hood River, OR 97031 Portland, OR 97213 OWNERS: Same LOCATION: • Southwest and southeast corners of SW Scholls Ferry Road and SW North Dakota Street. • 2. Vicinity The proposal is a joint application between Pacific Crest Partners and Providence Health Systems. Two sites are involved in the plan amendment/zone change. 1 • • • Site A is on the southwest corner of SW Scholls Ferry Road and SW North Dakota Street; site B is on the southeast corner(Exhibit A). The proposal affects Parcels 1 and 3 of a recently-approved minor land partition (MLP 94-0013) on map 1S1 35AD, lot 2400 (Exhibit B). These parcels have been recently developed as a bank and tenant commercial space: The land uses surrounding the site are as follows: Properties to the north across Scholls Ferry Road are in the City of Beaverton and zoned for single family residential use; to the east across North Dakota Street is the St. Vincent's Medical Clinic, which is built on property zoned for both Neighborhood Commercial and Professional Commercial uses; to the south is medium density residential land, though the Kindercare day care center located immediately to the south is a conditional use; and to the west is medium density residential land that is zoned R-7 (PD) and contains the Summerlake subdivision. The proposal also includes the property at the southeast corner of Scholls Ferry and North Dakota. The northwestern one acre of map 1S1 34BC, lot 401 is zoned for Neighborhood Commercial (Exhibit C). Properties to the north across Scholls Ferry are in the City of Beaverton and zoned for office commercial and•single family residential; to the east is general commercial land which contains., a McDonald's restaurant and the Greenway Center; to the south is commercial professional land which contains part of the medical clinic and a vacant parcel; and to the west is commercial professional land containing the co-applicant's development. 3. Background Information - Site A: Pacific Crest Partners was approved for a minor land partition (MLP 94- 0013) and site development review (SDR 94-0014) on the property at the southwest corner of Scholls Ferry and North Dakota in August of 1994. The original 1.24-acre parcel was divided into three parcels. Parcels 1 and 3 of that partition is the subject of the current application. In April of 1995, Pacific Crest Partners applied for a comprehensive plan amendment/zone change for Parcel 3 only. The applicant proposed to change the parcel from Commercial Professional/C-P to General Commercial/C-G in order to develop it for retail use. The Planning Division recommended denial because the application did not me et all approval criteria. The Planning Commission recommended denial on June 19 and the City Council denied the proposal on July 11. 2 • Tigard Community Development Code 18.32.280 states that an application that has been denied may not be resubmitted for the same or substantially similar proposal or action for a period of one year unless there is a substantial change in the facts or a change in city policy which would change the outcome. Staff agrees with the applicants that the current proposal is substantially different than the previous one referred to above. This application seeks a change to different designations than the prior one and involves three parcels and two applicants. It also involves a mistake by the city concerning the comprehensive plan and zoning maps. • Site B: In November of 1986, the city council adopted Ordinance 86-58,. which amended the comprehensive plan and zoning maps on the original parcel (1S1 34BC, lot 401) located on the southeast corner of Scholls Ferry and North Dakota. The applicant, Bethany Associates, requested that the 5.4 acre parcel be redesignated from C-P to C-G on 3.9 acres with the remaining 1.5 acres retaining the C-P designation. The city council decided to designate the eastern 2.9 acres as C-G and the, northwestern one acre as C-N, the latter to be used for neighborhood retail uses (Exhibit C). Since the rezoning, the original 5.4 acre site has developed with a McDonald's restaurant, an Oil Can Henry's auto lube and St. Vincent's Medical Clinic. The clinic straddles the C-N and C-P zoning districts (Exhibit D). tY Since the time of the approval of Ordinance 86-58, a mistake was made by city staff regarding the location and conditions of the C-N zone. The ordinance text and map specifies that the C-N designation be located on the northwest corner of the site and contain one acre; and that commercial development occurring within a zoning district shall not utilize space outside of the respective zone to satisfy parking or landscaping requirements prescribed by the code. The current comprehensive plan and zoning maps, however, are drawn to include 1.99 acres in this designation; and the medical center development straddles two zoning districts. The Planning Commission held a hearing on CPA 95-0005/ZON 95-0007 on December 18, 1995, and voted 5-1 to recommend approval of the proposal. 4. Site Information and Proposal Description Site A: The affected parcels, containing 1.10 acres, are located along the west side of North Dakota Street, south of Scholls Ferry Road (Exhibit A). Site development has recently been completed on this site pursuant to the approved site development application in August of 1994 (SDR 94-0014). Approval of SDR 94-0014 allows for construction of a 3,840 square foot bank on Parcel 1 and 8,415 3 • square feet of office/retail space on Parcel 3. Prior to construction, former tax lot 2400 contained a veterinary office, three homes and an apartment building. The applicant requests a comprehensive plan map amendment from Commercial Professional to Neighborhood Commercial and a zone change from C-P to C-N on Parcels 1 and 3. The reason for the requested change is to expand the range of permissible uses to those allowed under C-N zoning. Under C-P zoning, retail commercial use is limited to 20 percent of the entire square footage within the development complex. Under this restriction, only 3,166 of the 8,415 square feet of the building on Parcel 3 could be used for selected retail uses. A change from C-P to C-N will only affect, therefore, the permitted uses for the remaining 5,249 square feet on Parcel 3. Site B: The affected property, containing one acre, is located on the southeast corner of Scholls Ferry Road and North Dakota Street. In March of 1988, the city approved SDR 88-05 for the construction of St. Vincent's Medical Clinic. The northern portion only of the clinic is located in the C-N zone; the southern portion is on land zoned C-P. The applicant requests a comprehensive plan map amendment from Neighborhood Commercial to Commercial Professional and a zone change from C-N to C-P on the northwestern one acre of map 1S1 34BC lot 401, as delineated on the map of Ordinance 86-58 (Exhibit C). The reason for the request is to correct a mistake on the zoning map, clear up the split zones upon which the clinic is located and to enable the C-N zone, which is restricted to one quadrant of an intersection, to be more appropriately used by the co-applicant on Site A. A written narrative combining the two requests was submitted as part of the application. It is included as part of this staff report. 5. Agency Comments The Engineering Division, Tualatin Valley Fire and Rescue District, Washington County, Beaverton and Tri-met have reviewed the proposal and have no objections. No other comments were received at the time of this report. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 5.4, 8.1.1, 12.2.1 (1) and 12:2.1 (3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules, Chapter 660 Division 12. • 4 • • 1. Policy 1.1.2, Implementation Strategy 2, requires that in order to approve quasi- judicial changes to the comprehensive plan map, the city council must find: a) A change is consistent with applicable plan policies;. and b) A change of physical circumstances has occurred since the original designation, or c) A mistake was made in the original land use designation. The applicants' statement in support of this proposal asserts that three physical changes of circumstances have occurred affecting the sites and a mistake was made in the original land use designation of site B. A summary of these arguments follows. St. Vincent's Medical Clinic was partially built on a one-acre parcel, which is zoned Neighborhood Commercial, despite the fact that the city council amended the comprehensive plan and zoning maps with the intent that retail commercial uses be developed there. CPA 10-86/ZC 18-86 was a request by Bethany Associates to rezone a portion of a 5.4-acre parcel on the comer of Scholls Ferry and North Dakota from C-P to C-G on 3.9 acres; the remainder would remain C-P. This action was to accommodate a neighborhood office and retail center designed to maximize pedestrian access to the site, particularly from the Meadowcreek apartment project immediately south of the site. The proposal stated "The medical/dental/professional office portion of the plan can be built in the present C- P zone so no change is necessary" The city council approved the request with the added conditions that one acre of the site be rezoned as C-N in order to limit the scale of commercial development which is compatible with nearby residential neighborhoods. Despite the intent of the council's action, a regional medical clinic was developed on the C-N zoned property. This use does not fulfill the purpose of this zone. The Tigard code states, " The purpose of the C-N zoning district is to provide convenience goods and services within a cluster of stores. Convenience goods are goods which are bought frequently, at least weekly, and for which people do not engage in comparison shopping. The uses permitted in the neighborhood center include convenience markets, beauty shops, barber shops and repair shops. The range of uses is limited to those uses which can be sustained by a limited trade area." The expectations of the zone change in 1986, therefore, were never fulfilled and the neighborhood commercial uses intended by the C-N zone never developed. The applicant claims that this represents one physical change of circumstances. The applicant asserts that the second physical change of circumstance is related to the type of existing uses on the sites. The recently-completed bank and tenant 5 . 110 space on Site A, though allowed under C-P zoning, are more neighborhood commercial or retail uses than the medical clinic on Site B. This situation represents a change from the original designations and intents of the C-P and C-N zones. A third change in physical circumstances since the original designation in 1986, the applicant asserts, is the additional street improvements made in the area. The widening of Scholls Ferry and installation of speed humps along North Dakota improve the traffic flow in the area and discourage use of North Dakota as a 'cut- through' street. The installation of a traffic signal at Scholls Ferry and North Dakota has made it easier, more safe and convenient to access Sites A and B. In addition to the above, a mistake was made in the original land use designation of Site B. Ordinance 86-58 designated 1.0 acres as C-N on the southeast comer of Scholls Ferry and North Dakota. The current plan and zoning maps show all of tax lot 401, 1.99 acres, as C-N. The medical clinic development, covering approximately two acres, is built on land zoned C-N and C-P. The mistake was likely a mapping error which designated the whole tax lot as C-N, instead of the northern one acre only. Staff concurs that one physical change of circumstance has occurred since the original designation. More importantly, staff concludes that mistakes were made in the original designation and subsequent development of Site B. The action by the city council in 1986 to rezone the 5.4-acre property on the southeast corner of Scholls Ferry and North Dakota to C-G and C-N was done to accommodate neighborhood commercial uses. Ordinance 86-58 reads, in part, "...the scale of'the project should be limited so as to result in commercial development which is most beneficial to and compatible with nearby residential neighborhoods". Instead, a regional medical clinic was developed on approximately two acres of the western portion of the 5.4-acre site that straddles both the C-N and C-P zoning districts. This could represent a physical change that was not intended by the council, does not fulfill the purpose of the C-N district and precludes development of neighborhood commercial uses on the site. In addition, because of a restriction in the comprehensive plan locational criteria for C-N, the corner of this intersection cannot have another C-N district, thereby precluding a neighborhood commercial district across North Dakota Street. Staff also concludes that a mistake was made in the original land use designation of Site B, and a mistake was made in approving the location of the medical clinic development in 1988. The city council action in 1986 to rezone this site included the following provisions. 6 • S . . • a) The eastern 2.9 acres of the site shall be redesignated for Commercial General development in the Comprehensive Plan and C-G on the Zoning Map. The northwest corner containing 1.__Q acre will be redesignated for Commercial Neighborhood development in the Comprehensive Plan and C- N on the Zoning Map. [emphasis added] b) Commercial development occurring within a zoning district shall not utilize space outside of the respective zone to satisfy parking or landscaping requirements prescribed by the Community Development Code. The map referred to in a) above is shown as Exhibit C in this report. The action clearly was to rezone only 1.0 acre as C-N. Currently, the comprehensive plan and zoning maps show this district as 1.99 acres (Exhibit E). Staff made a mistake in designating the C-N boundaries in subsequent maps. Provision b) above was adopted by the council due to concern about negative impacts associated with a larger scale commercial retail development spilling over on to another zoning district. The medical clinic development, as built, does indeed cover part of the original C-N district and part of the C-P district to the south of the C-N district. Staff finds that a third mistake was made related to Site B by allowing a single use that exceeds 4,000 square feet. Chapter 18.60 (C-N: Neighborhood Commercial District) of the Tigard Development Code contains the following restriction: "No use shall have a gross floor area greater than 4,000 square feet." The portion of the medical clinic, which is considered a single use, located in the C-N zone should not exceed this square footage. The portion of the clinic in this zone is approximately 10,000 to 12,000 square feet. Based on the above discussion, 'Policy 1.1.2(2) is met. Approval of the this proposal would recognize the changed circumstances and correct the original mistakes made in creating, defining and developing the site within the C-N zone. 2. Policy 2.1.1 states that the city shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The policy is satisfied because the surrounding property owners were given notice of public hearings related to the proposal and given the opportunity to comment on the proposal. The notice for the planning commission and city council hearings were sent to surrounding property • owners within 250 feet of the affected property, posted at Tigard City Hall and advertised in a local newspaper. In addition, the applicant provided notice of and conducted a neighborhood meeting on October 19, 1995, for interested property owners and those within a 250-foot radius of the affected property. • 7 • • • • 3. Policy 5.4 states that the city shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial .or industrial uses. The properties proposed for redesignation are currently zoned C-P and C-N, both commercial designations. Also, these properties are located among other commercially zoned parcels. This policy is satisfied, therefore, because there will be no encroachment of new commercial development into residential areas. 4. Policy 8.1.1 states that the city shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. The applicants' argument that the proposal would not have a significant effect on either the local road system in the area or the planned Washington County transportation system (Scholls Ferry Road) depends on the traffic study• submitted for the previous application (CPA 95-0002/ZON 95-0003) for a plan and map amendment on Parcel 3 of Site A. The study and subsequent letters and comments from Washington County are included as Exhibit F. The study analyzed the worst case situation under C-G zoning on Parcel 3 only. This analysis showed that the transportation system would not be adversely affected. City and county staff agree that the analysis also suffices for the current proposal to rezone Parcels 1 and 3 to the less intensive C-N. Parcel 1 has recently developed as a bank and is under long-term lease with the property's owner. This use will not change due to the rezoning. Parcel 3 has recently developed as 8,415 square feet of tenant space. The uses allowed under the C-N zoning would not generate as much traffic as those allowed under C-G. In addition, any one use is limited to 4,000 square feet under C-N zoning. The owner/developer of Parcels 1 and 3 has already made street improvements as conditions of approval of SDR 94-0014. These improvements serve to mitigate the impact of additional traffic at this site. The traffic impacts resulting from the medical clinic on Site B were analyzed and mitigated during site development review of that project in 1988 (SDR 88-05). The current proposal, therefore, to rezone this site from C-N to C-P, if approved, will not affect the transportation system because the site is already built out. The city's Engineering Division and Washington County have reviewed the traffic analysis and find that the proposed amendment will not have a significant effect on the planned transportation system. The Engineering Division states that because the proposal is an exchange of already existing zoning districts that involves virtually the same amount of land, there will be no additional traffic impact caused 8 f.. • • either by a new zoning district or by land added to the old districts. For the above reasons, Policy 8.1.1 is satisfied. 5. Policy 12.2.1 (1) provides the locational criteria for designating land as neighborhood commercial (C-N). These criteria apply to Site A. The locational criteria can be construed in a flexible manner in the interest of accommodating proposals which are found to be in the public interest and capable of integration into the community. The burden of proving conformance with the criteria varies with the degree of change and impact on the community. The applicable locational criteria with findings are as follows: (1) Spacing and Location a. The service area radius for a neighborhood commercial center shall be at least one-half of a mile. The service area depends on the type of tenants who locate at the site, but it is expected to be at least one-half mile. If approved, this C-N district would be the only one within one mile. There are C-G and C-P districts within one half mile that serve a larger trade area. b. Commercial development shall be limited to one quadrant of a street intersection or where there is no street intersection. to one side of the street. If this proposal is approved and Site B is designated as C-P, then Site A would be the only quadrant of the intersection designated as C-N. The northeast quadrant in Beaverton is designated as O-C. (Office Commercial); the northwest quadrant in Beaverton is R-7 (Single-Family Residential); and the southeast quadrant would be C-P (Commercial Professional). This criterion, therefore, is satisfied. (2) Access a. The proposed center or expansion of an existing center shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity. existing and projected traffic volumes. the speed limit. number of turning movements and the traffic generating characteristics of the most intensive use allowed in the zone. As discussed above under 8.1.1, staff agrees that the traffic analysis completed for the previous comprehensive plan and zoning map amendment (CPA 95-0002/ZON 95- 0003) suffices for the current proposal. Based on this analysis and for the reasons cited in 8.1.1, staff concludes that redesignating Parcels 1 and 3 of Site A to C-N will not create traffic congestion or a traffic safety problem. This criterion, therefore, is satisfied. 9 • • b. The site shall have direct access from an arterial or a collector street which will not direct traffic through local neighborhood streets. Access to the site is via North Dakota Street, a minor collector. This was determined by the • city's approval of the site development plan (SDR 94-0014) in August of 1994 because direct access to Scholls Ferry Road, an arterial street, was prohibited by Washington County. Because site traffic will use Scholls Ferry Road and North Dakota, and traffic,is not directed through local neighborhood streets, this criterion is satisfied. (3) Site Characteristics a. The site shall be of a size which can accommodate present and projected uses. but shall not exceed two acres. Parcel 1 of Site A has recently been developed as a bank. Parcel 3 has developed as 8,415 square feet of tenant space. Both uses were reviewed and approved by the city in 1994. The site size does accommodate the present uses. Any additional future uses would have to be approved by the city. Parcels 1 and 3 combined include 1.10 acres. This criterion, therefore, is satisfied. (4) Impact Assessment a. The scale of the project shall be compatible with the surrounding uses. Site A is already developed as a bank and commercial tenant space. Both structures are one story and oriented towards Scholls Ferry Road and North Dakota Street. The scale of this project is compatible with the surrounding uses of commercial and medium density residential. b. Site configuration and characteristics. and relationship to the street system. shall be such that privacy of adjacent non-commercial uses can be maintained. The existing development on Site A is oriented toward Scholls Ferry Road and North Dakota Street. To the east across North Dakota Street is commercially-zoned land which includes the medical clinic. To the south is the Kindercare day care center, a conditional use in an R-7 (PD) zone. There are no windows or public access facing south towards this residentially-zoned area. To the east is the new veterinary clinic building and a 20-foot buffer between the building and the residential neighborhood. With the foregoing configurations and characteristics, this criterion is met. c. It shall be possible to incorporate the unique features into the site design and development plan. The site has already been developed. It contained no unique features before development. This criterion, therefore, is satisfied. 10 • d. Associated lights, noise and activities shalt not interfere with adjoining non- . residential uses. The existing site development as approved and constructed does not and will not create noise and lighting impacts to the medical clinic across North Dakota Street or the Kindercare center to the south. The Parcel 3 building orientation faces north away from the day care center. This criterion, therefore, is satisfied. 6. Policy 12.2.1 (3) provides the locational criteria for designating land as commercial professional (C-P). These criteria apply to Site B. The locational criteria can be construed in a flexible manner in the interest of accommodating proposals which _ are found to be in the public interest and capable of integration into the community. The burden of proving conformance with the criteria varies with the degree of change and impact on the community. The applicable locational criteria with findings are as follows: (1) Spacing and Location a. The Comprehensive Plan map fixes exact boundaries of the commercial professional area. This policy is satisfied because the boundaries of the C- P designation will be set by ordinance that amends the comprehensive plan map. b. The commercial area is not surrounded by residential districts on more than two sides. The properties to the north of the site are in the. City of- Beaverton and zoned office commercial; to the west of.the site is land zoned commercial professional (C-P); if the current proposal is approved the properties to the west would be C-P and C-N; to the south is land zoned C-P; to the east is land zoned C-G. This criterion is satisfied because the affected site is surrounded by commercial districts on all sides. • (2) Access a. The proposed use or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity, existing and projected traffic volumes. the speed limit. number of turning movements and the traffic generating characteristics of the various types of uses. Site B is already developed with the medical clinic. This development was reviewed and approved by the city council in 1988 (SDR 88-05). Traffic concerns were addressed during that review process. Approval of the current proposal would not affect the existing 11 traffic generation or patterns related to this site, therefore, this criterion is satisfied. (3) Site Characteristics a. The site shall_ be of a size which can accommodate present and projected needs. Site B is already developed and can accommodate the present needs. There are no plans for expansion of the medical clinic. This criterion, therefore, is satisfied. b. The site shall have high visibility. The site and existing development is clearly visible from Scholls Ferry Road and North Dakota Street. This criterion, therefore, is satisfied. (4) Impact Assessment a. The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. The existing medical clinic is oriented towards Scholls Ferry and North Dakota. To the north of the site, across Scholls Ferry is a bank; to the east is a McDonald's restaurant and auto lube center; to the south is a vacant parcel of C-P land; and to the west, across North Dakota, is a bank, veterinary hospital and commercial tenant space. The nearest non-commercial use is the Meadow Creek apartments to the south beyond the vacant commercial parcel. This criterion, therefore, is satisfied. b. It shall be possible to incorporate the unique site features into the site design and development plan. The site has already been developed and there are no unique features on the site. This criterion, therefore, is satisfied. c. Associated lights, noise and activities shall not interfere with adjoining non- residential uses. The site has already been developed. To the north of the site, across Scholls Ferry Road, is a bank; to the east is a McDonald's restaurant and auto lube center; to the south is a vacant parcel of C-P land; and to the west, across North Dakota Street, is a bank, veterinary hospital and commercial tenant space. The medical clinic does not interfere with these non-residential uses and, in fact, is complimentary to them. This criterion, therefore, is satisfied. 7. Section 18.32 of the Community Development Code sets forth the procedural requirements for review of quasi-judicial plan amendments. The application has 12 • • been processed in accordance with code sections 18.32.020, 18.32.050 and 18.32.060; hearings have been conducted by the planning commission and city council according to 18.32.090(D); and the requirements for notification of the hearings have been met according to 18.32.130 and 18.32.140. 8. Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the plan and zoning district map as follows: A. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. The applicable comprehensive plan policies and map designation: and the change will not adversely affect the health. safety and welfare of the community. The applicable plan policies related to the proposal are reviewed above under section B (Findings and Conclusions). 2. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197. until acknowledgement of the comprehensive plan and ordinances. The Tigard Comprehensive Plan has been acknowledged, therefore specific review of each statewide planning goal is not applicable. Notice of filing this proposed amendment has been provided to the Department of Land Conservation and Development for comment at least 45 days prior to the final decision date. 3. The applicable standards of any provision of this code or other applicable implementing ordinance. `Code sections 18.60 (Neighborhood Commercial District) and 18.64 (Professional/ Administrative Office Commercial District) contain the standards for the C-N and C-P zones, respectively. Sites A and B have already been developed with commercial uses. The bank and commercial tenant space on Site A were reviewed and approved by the city under SDR 94-0014; the medical clinic (Site B) was approved under SDR 88-05. The standards under each zone district have been met for these developments. This criterion, therefore, is satisfied. 4. 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. See above under B. Findings and Conclusions, section 1. 13 • • • 9. Oregon Administrative Rule section 660-12-060 requires that plan amendments be consistent with identified function, capacity and level of service of affected transportation facilities. Based on the applicants' traffic analysis and the improvements made to North Dakota Street (pursuant to SDR 94-0014), the proposed plan map and zoning map changes will not significantly affect a transportation facility. Washington County staff agrees that the proposal is consistent with this rule. 10. Conclusion In conclusion, all applicable approval criteria to support a comprehensive plan amendment and zone change have been satisfied. Staff can, therefore, make findings to support application CPA 95-0005/ZON 95-0007. Further, staff believes that amending the comprehensive plan and zoning maps to switch the locations of the C-P and C-N on this corner better serves the purposes of the city's planning • goals and neighborhood public needs. It corrects the mistakes made regarding Site B, that is, the mapping error on the existing C-N district and the mistake in allowing the medical clinic site to be sited in two different zoning districts and developed over 4,000 square feet. By assigning a C-P zone to the one acre at the southeastern corner of Scholls Ferry and North Dakota, the medical clinic development will be located entirely in one appropriate zoning district and comply with all codes. This action will also allow the C-N zone, which is allowed on only one quadrant of an intersection, to be assigned to the southwestern corner of this intersection. Locating a C-N zoning district on this corner will allow the opportunity for provision of convenience goods and services to the local neighborhood. C. 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Oritt■400,L �T��► v '4'0*#.41 MIL 1 „�"MO`s°.m scale Q • EXHIBIT F Source: CPA 95-004100N 95-0003 file. • MACKENZIE ENGINEERING INCORPORATED CIVIL • STRUCTURAL • SURVEYING • TRANSPORTATION 0690 S.W.BANCROFT STREET • P.O BOX 69039 PORTLAND.OREGON 97201-0039 • (503)224-9560 • FAX(503)228-1285 June 5, 1995 Washington County Land Use and Transportation Attention:Scott King 155 North Fist Avenue,Suite 350 Hillsboro,Oregon 97214 Re: Pacific Crest Zone Change Scholls Ferry/North Dakota Traffic Conditions Project Number 294149 Dear Mr.King: Mackenzie Engineering Incorporated has reviewed traffic conditions anticipated at the intersection of Scholls Feny Road and North Dakota Street with development of the Pacific Crest site at the southwest corner of the intersection. The scenarios reviewed include existing traffic conditions before development of the site and 1995 and 2005 conditions with and without the proposed zone change on Parcel 3 from C-P to C-G Our previous trip generation comparison indicated that under worst case scenarios,the existing zoning would actually generate more trips than the proposed zoning Traffic volumes for 1995 were estimated from summer 1994 counts with in-process traffic added for US Bank and Jiffy Lube and traffic generated from the Pacific Crest site. This includes the planned veterinarian office and bank and the`worst case"scenarios for Parcel 3. With existing C-P zoning,Parcel 3 could support a 2,800 s.£convenience market and a 5,300 s.£Motor Vehicles Department office. Under - the proposed C-G zone,the DMV office would be replaced by a video store. Washington County staff provided EMME 2 model runs for 2010 projected traffic volumes and 1985 volumes. The 2010 volume projections for Scholls Ferry are below the PM peak hour traffic counts conducted by MEI staff during the summer of 1994. To estimate the 2005 traffic volumes,the growth rate anticipated between 1985 and 2010 was applied to the 1994 traffic counts. This growth rate was found to be approximately 5%per year. The recent growth rate along Scholls Ferry Road has been 7%. The 5% rate was used for long term growth since the 7%rate is reflective of high levels of development in recent years and increased traffic due to the improvements completed on Scholls Ferry Road. Intersection capacity calculations were prepared utilizing NCAP software which simulates the 1985 Highway Capacity Manual. The calculation accounts for the existing PM signal timing on Scholls Ferry Road. The table below presents the intersection level of service as well as volume to capacity ratio(V/C) and average delay for the existing and proposed zones in 1995 and 2005. The signal progression system currently operating on Scholls Feny provides a low average delay for through traffic. Traffic volumes projected for 2005 result in intersection demand significantly over capacity. These results,although shown,are not reliable. Several variables may affect future operation of the intersection including a constant growth rate of 5%,how planned roadway improvements will affect Scholls Ferry traffic,and FOPDATA195-06194149'05L1.SK • • Scott King Project Number 294149 June 5, 1995 Page 2 what improvements if any may be constructed on Scholls Ferry Road such as a third lane or intersection improvements. Some of the planned improvements which may reduce Scholls Ferry traffic include the Murray Boulevard Extension/Walnut improvements and SW 125th Extension to Hall Boulevard. Intersection Capacity and Level of Service Scholls Ferry Road at North Dakota Street Scenario WC Delay LOS* 1995 C-P Zone 0.993 32.2 D 1995 C-G Zone 0.987 30.5 D 2005 C P Zone 1.63 >60 F 2005 C-G Zone 1.62 >60 F *Level of Service is based upon average delay. The intersection of Scholls Ferry Road at North Dakota Street will experience demand in excess of its capacity within the next few years. The traffic increases will be attributable to development over a large area of Tigard and Beaverton,not one specific project,as Scholls Ferry is a major arterial roadway. The costs of any improvements which may be constructed on Scholls Ferry Road should be shared with all new development in the area. If you have any additional questions please call me at 224-9560. Sincerely, pp of) Brent Ahrend � 4' #10505 9 Traffic Analyst t •O'''' .4 /BTA.sk O .14':Y 13,‘e Enclosures 9` 10 G. LP?' c: Ray Valone,Michael Anderson-City of Tigard Dan Boyden-Pacific Crest Richard Allen-Ball Janik&Novack ENWPDATAI9S-06194149YOSLLSK • 0 0 t Z Scholis Ferry Road A . SITE S B /%/ 11L 661 •— 1se 1014-0. +--1660 as CO fr. N 1j 14— 0 t FIGURE 1 DRAWN BY: DM8 EXISTING CHECKED DATE: 6-5-95—9 BTA PM PEAK HOUR TRAFFIC DATE: 6-5-95 JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF Civil • Structural • Transportation [1111-1 0690 5. W. Bancroft Street • P.O. Box 69039 I 2 IMOCENZIE ENGINEERING INCORPORATED Portland. Oregon 97201-0039 • O r O CI 4111 t • O z Scholls Ferry Rood • A . SITE � B N 0 C O P. tlf N V' � jL 11L 901 1 192 90— — 192 983—+ .0-1608 983---• M-1608 141�N rr 152 132ti� f 139 N �C to I1 t0 N O m ^ O 6.4 �N1cc hrs N N 168-4r 146- ir . Existing Zoning Proposed Zoning DMV VIDEO FIGURE 2 DRAWN BY: DUB 1995 "RAMC CHECKED BY: BTA PEA PEAK FOB DATE: 6-5-95 JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF 069 • Structural W. Bancroft• Transportation Street • . -9 0690 S. W. Bancroft Strut • P.O. Box 69039 III 11-111 MACKENZIE ENGINEERING INCORPORATED Portland, Orson 97201-0039 • • • • 0 0 S. 0 0 L Q Z Scholls Ferry Rood • . SITES /% B 03 til IN CO 01 04 .- lV N .-N N 1- jL 1 jti 137— '6-- 304 137— 'Ls 304 1703— • f-2787 1703—.. 4,-2787 194-..„4� �r 212 185�� P f 199 O s 2, O r•2 i' N � hH N ...- ^'f < r')._IZI. 168 J-1 14611 34--,,,, 37—,„,„I 37�N 1 © + 2 c> . 01 40 40 Existing Zoning Proposed Zoning DMV VIDEO FIGURE 3 DRAWN BY: OMB 2005 TRAFFIC CHECKED BY: BTA HOUR DATE: 6-5-95 JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF Chu • Structural • Transportation 111151 0690 5. W. Bancroft Street • P.O. Box 69039 ••• ... -.'_ -' 0.....41.......1 A... . 079M_Mta • ., 0 II A,01 . -WASHINGTON COUNTY, . 411 .• , OREGON June 8, 1995 Ray Valone City of Tigard Planning Department 13125 SW Hail Blvd. Tigard, OR 97223 Re: CPA 95-0002/VAR 95-0003 -PACIFIC CREST PARTNERS Thank you for the opportunity to review and comment on this plan amendment proposal. As I noted in my May 16 letter,the County's interest In this proposal is limited to its impact on SW Sc hols Ferry Road,a County major arterial. To review the Impact on this facility,the County relies on findings based on OAR 660-12-060 (Plan and Land Use Regulation Amendments) from the Transportation Planning Rule (TPR)- To address this TPR requirement,the applicant's consultant(MEl) has provided the County with a traffic analysis (dated June 5th)which identifies the impact this proposal would have on the planned County transportation system for year 2005. This analysis Is based on a reasonable worst case site development scenario for both the existing zoning and the proposed zoning. Specifically,these worst case scenarios are, 1) Exdsting zoning (CP) = 2800 s.f.convenience market and a 5300 s.f. Motor Vehicles Department office; and 2) Proposed zoning (CG) = 2800 at convenience market and a 5300 &f.video store. I note that these square footages only add up to 8100 s.f.and not the 8400 s.f. of space assumed to date. Whether or not this qty is simply a typographical error or is the wrong site size, I do not believe the discrepancy is significant because the difference In the extra 300 sf. should be proportionally higher for each scenario resulting in an equivalent relative Impact. While these worst case scenarios have been discussed at length between city and county staff. I must rely on the City's interpretation of their code as it relates to reasonable worst development. Assuming the reasonable worst case development scenarios are an accurate reflection of allowed land uses for the site,the County finds that the proposed plan amendment will not have a significant effect on the;gamed County transportation system. Year 2005 deficiencies in this area are due to effects of traffic growth based on the current land use system. The analysis shows that this proposal will not make the planned system any worse than It would be with no plan amendment. Therefore, the county has no objections to this plan amendment request. if you questions regarding these comments, please call me at 681-3961. Czt■V •I:y Scott ling Senior Planner c: Mark Brown Brent Ahrend Department of Land Use and Transportation,Planning Division Phone: 503/640-3519 .__.. .. — . . ... .n.._�___ .-_____ ',VA•••• r-w. GM ,en, AA19 • j • • CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes December 18, 1995 1. CALL TO ORDER President Wilson called the meeting to order at 7:40 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Griffith, Holland, Padgett, and Scolar Commissioners Absent: Commissioners Collson, DeFrang, and Moore Staff Present: Dick Bewersdorff, Senior Planner; Ray Valone, Associate Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS At the December 4th meeting, the Commissioners voted to amend the minutes of November 20, 1995, regarding a motion to purchase the Gage property on SW` Bond Street for a greenspace area. After listening to the tape, the Planning Commission Secretary advised the Commissioners of the actual wording of the motion in question. Commissioner Holland moved to accept the November 20th minutes as originally written. Commissioner Anderson seconded the motion. A voice vote was taken and the motion passed unanimously. 4. PUBLIC HEARING 4.1 CPA 95-0005/ZON 95-0007 PACIFIC CREST/PROVIDENCE REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 5.4, 8.1.1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood PLANNING COMMISSION MEETING MINUTES- December 18, 1995-Page 1 • Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. STAFF REPORT Commissioner Padgett asked if the staff report for this case was available for a minimum of 7 days prior to the meeting. Associate Planner Ray Valone answered that it was. Valone then presented the staff report on behalf of the city. He noted this is a proposal to amend the comp plan and zone map for 2 sites. The applicant for site "A" requests a change on 2 parcels, from Commercial Professional (CP) to Commercial Neighborhood (CN). The applicant for site "B" requests a change from Commercial Neighborhood (CN) to Commercial Professional (CP). Valone stated that the applicant for site "A" received approval for a minor land partition and a site development review in 1994, which resulted in the partition of the site into 3 parcels, and the development of a bank, veterinary office, and tenant spaces. The owner applied for a comprehensive plan amendment and zone change last April to change parcel 3 only from Commercial Professional to General Commercial. The Planning Commission recommended denial and the City Council voted to deny the proposal because it did not meet all the criteria. Valone reported that the northern 1 acre of site "B" was rezoned in 1983 from Commercial Professional to Commercial Neighborhood. Valone said that staff finds that the proposal meets all applicable comprehensive plan and development code criteria, as well as the transportation planning rule. He said staff finds that the primary criteria (Policy 1.1.2), which requires that a change in physical circumstances or that a mistake was made in the original land use designation, was clearly met. Valone stated that staff recommends that the commission forward a recommendation of approval. Commissioner Holland clarified that the C-N designation only allows 4,000 square feet per use and that the medical center has over 10,000 square feet. He noted that this was one mistake that would be corrected by changing the comp plan. APPLICANT'S PRESENTATION Ed Murphy, 9875 SW Murdock, Tigard, OR 97224, spoke on behalf of the two applicants. Murphy noted that the current zoning map is opposite of what is actually built. He noted that the amendments would more accurately reflect what actually has been built, they would carry out the regional intent of the - comprehensive plan and free up the Commercial Neighborhood zone. PLANNING COMVIISSION MEETING MINUTES- December 18, 1995-Page 2 w \4 I • Murphy reminded the commissioners that the current CP zone already allows 20% of the building square footage to be used for retail. He remarked that the definition of the word "use" in the development code is subject to interpretation, i.e., use by tenant space, or use by building space. He said that this change would correct mistakes in mapping and would fulfill the intent of the Commercial Neighborhood zone. PUBLIC TESTIMONY - IN FAVOR There was no public testimony in support of the proposal. PUBLIC TESTIMONY - IN OPPOSITION Dan Spriggel, 180 W. First St., Dundee, OR 97115, expressed his concern about the impact of a competitor at this site. He also talked about the impact of changing the comprehensive plan and the negative effect it would have on the,surrounding areas on North Dakota. Dan Kearns, 111 SW 5th, Suite 3200, Portland, OR 97204, representing Dan Spriggel, presented the Commissioners with a memorandum in opposition to the application (Exhibit "A). He referred to traffic information presented with the previous application. Keams requested a continuance to allow time to analyze the staff report and the traffic report. He noted that the "120 day rule" does not apply to this comp plan amendment. Kearns listed 3 issues of traffic concern: capacity at the intersection of Scholls Ferry and North Dakota, traffic infiltration into the neighborhood down North Dakota, and parking on this site. Keams talked about"mistake versus change". He said he understood the building of the clinic in the C-N zone to be either a mistake in zoning or an unlawful use, as opposed to a non-conforming use. He remarked that a zone change provisions were designed to validate zoning violations, that this should not be used as • justification to rezone parcel 3. Kearns then went into detail about the traffic concerns and how they would adversely affect the neighborhoods. APPLICANT'S REBUTTAL Ed Murphy stated that the property on the southwest corner is already zoned for professional offices, which means it already has a commercial zone and that eating and drinking establishments are already allowed, as long as they don't exceed 4,000 square feet. He noted that parking requirements would be checked by staff as each individual tenant comes in. PLANNING CQM vfISSION MEETING MINUTES- December 13, 1995-Page 3 • • Murphy reported that Hollywood Video was not one of the tenants currently being considered for this site. PUBLIC HEARING CLOSED In response to a question from President Wilson, Dick Bewersdorff said that the commission, if they chose, could judge that the staff report was not available because the opponent did not receive it and could then grant a continuance. Bewersdorff said, that if the applicant had asked, the commission could also have held the record open for 7 days. He noted that since the commission was only making a recommendation to council, the applicant and the opponent would have opportunity to tailor their arguments. Commissioner Padgett asked about the driveway cuts and the number of parking spaces. Ray Valone that these are handled at site review and must conform to city standards. Commissioner Holland noted that the Neighborhood Commercial designation was intended to allow some commercial use every so many miles. He remarked that he was upset that this particular C-N parcel was used to build a facility that could have been built in a C-P zone. He said that it made sense to swap the two parcel. designations. Commissioner Scolar agreed with Commissioner Holland, but said he would like to give the opponent extra time to make their case. Commissioner Griffith asked if the sites were both built out and what would the plan amendment accomplish if they were. Ray Valone answered yes and that council approval of the plan amendment would correct the use that is straddling 2 zones. Approval would also free up the Commercial Neighborhood zone. According to Valone, Washington County stated that this application is consistent with the Transportation Planning Rule. Commissioner Padgett agreed that there was a mistake made and that this application will counter balance the mistake. He said he does not think there will be a substantive change in the amount of traffic through the intersection from what' is currently zoned there to what is proposed. Padgett did disagree with the staff report in that the widening of Scholls Ferry Road and the installation of speed bumps on North Dakota should not constitute a change in physical circumstances that would support a comp plan amendment. Commissioner Holland moved to approve Comprehensive Plan Amendment (CPA) 95-0005/Zone Change 95-0007, in accordance with the staff report. PLANNING COMMISSION MEETING MINUTES- December 18, 1995-Page 4 4.1 41 • Commissioner Anderson seconded the motion. A voice vote was taken and the motion passed by majority vote. Commissioners Wilson, Anderson, Griffith, Holland, and Padgett voted for the motion. Commissioner Scolar voted against the motion. 5. OTHER BUSINESS None 6. ADJOURNMENT The meeting adjourned at 8:25 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Nick Wilson • PLANNING COMLVIISSION MEETING MINUTES- December 18, 1995-Page 5 • • *- AGENDA ITEM # For Agenda of January 23, 1996 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Comprehensive Plan Amendment and Zone Change CPA 95-0005/ZON 95-0007 PREPARED BY: Ray Valone DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City Council approve a comprehensive plan map amendment and zone change on 1.1 acres from Commercial Professional/C-P to Neighborhood Commercial/C- N; and on 1.0 acres from Neighborhood Commercial/C-N to Commercial Professional/C-P. STAFF RECOMMENDATION The Planning Commission recommended approval of this proposal at its hearing of December 18, 1995. Staff finds that the proposal satisfies all relevant comprehensive plan criteria and recommends that the City Council approve Comprehensive Plan Amendment/Zone Change CPA 95-0005/ZON 95-0007. • INFORMATION SUMMARY The proposed plan amendment and zone change concerns two separate sites located on the southwest and southeast corners of SW Scholls Ferry Road and SW North Dakota Street. The applicant for Site A, Pacific Crest Partners, has requested this action in order to expand the range of permissible uses to those allowed under C-N zoning. The applicant for Site B, Providence Health Systems, has requested this action to correct a mistake on the zoning map, clear up the split zones upon which the existing development is located, and to enable a C-N zone to be more appropriately used by the co-applicant on Site A. The staff report and minutes from the Planning Commission hearing for this proposal are attached. The applicant's submittal consists of a written narrative. OTHER ALTERNATIVES CONSIDERED Deny the comprehensive plan amendment and zone change. FISCAL NOTES No direct fiscal impact to the city. • • • • • STAFF REPORT January 23, 1996 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 95-0005 Zone Change ZON 95-0007 REQUEST: Amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013 from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and amend the Comprehensive Plan map on property at the southeast corner of SW Scholls Ferry Road and SW North Dakota Street from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. APPLICANTS: Pacific Crest Partners Providence Health Systems 911 Oak Street 4805 NE Glisan Street Hood River, OR 97031 Portland, OR 97213 OWNERS: Same LOCATION: Southwest and southeast corners of SW Scholls Ferry Road and SW North Dakota Street. 2. Vicinity The proposal is a joint application between Pacific Crest Partners and Providence Health Systems. Two sites are involved in the plan amendment/zone change. Site A is on the southwest corner of SW Scholls Ferry Road and SW North Dakota Street; site B is on the southeast corner(Exhibit A). The proposal affects Parcels 1 and 3 of a recently-approved minor land partition (MLP 94-0013) on map 1S1 35AD, lot 2400 (Exhibit B). These parcels have been 1 • • recently developed as a bank and tenant commercial space. The land uses surrounding the site are as follows: Properties to the north across Scholls Ferry Road are in the City of Beaverton and zoned for single family residential use; to the east across North Dakota Street is the St. Vincent's Medical Clinic, which is built on property zoned for both Neighborhood Commercial and Professional Commercial uses; to the south is medium density residential land, though the Kindercare day care center located immediately to the south is a conditional use; and to the west is medium density residential land that is zoned R-7 (PD) and contains the Summerlake subdivision. The proposal also includes the property at the southeast corner of Scholls Ferry and North Dakota. The northwestern one acre of map 1S1 34BC, lot 401 is zoned for Neighborhood Commercial (Exhibit C). Properties to the north across Scholls Ferry are in the City of Beaverton and zoned for office commercial and single family residential; to the east is general commercial land which contains a McDonald's restaurant and the Greenway Center; to the south is commercial professional land which contains part of the medical clinic and a vacant parcel; and to the west is commercial professional land containing the co-applicant's development. 3. Background Information Site A: Pacific Crest Partners was approved for a minor land partition (MLP 94- 0013) and site development review (SDR 94-0014) on the property at the southwest corner of Scholls Ferry and North Dakota in August of 1994. The original 1.24-acre parcel was divided into three parcels. Parcels 1 and 3 of that partition is the subject of the current application. In April of 1995, Pacific Crest Partners applied for a comprehensive plan amendment/zone change for Parcel 3 only. The applicant proposed to change the parcel from Commercial Professional/C-P to General Commercial/C-G in order to develop it for retail use. The Planning Division recommended denial because the application did not meet all approval criteria. The Planning Commission recommended denial on June 19 and the City Council denied the proposal on July 11. Tigard Community Development Code 18.32.280 states that an application that has been denied may not be resubmitted for the same or substantially similar proposal or action for a period of one year unless there is a substantial change in the facts or a change in city policy which would change the outcome. Staff agrees with the applicants that the current proposal is substantially different than the previous one referred to above. This application seeks a change to different 2 • • designations than the prior one and involves three parcels and two applicants. It also involves a mistake by the city concerning the comprehensive plan and zoning maps. Site B: In November of 1986, the city council adopted Ordinance 86-58, which amended the comprehensive plan and zoning maps on the original parcel (1S1 34BC, lot 401) located on the southeast corner of Scholls Ferry and North Dakota. The applicant, Bethany Associates, requested that the 5.4 acre parcel be redesignated from C-P to C-G on 3.9 acres with the remaining 1.5 acres retaining the C-P designation. The city council decided to designate the eastern 2.9 acres as C-G and the northwestern one acre as C-N, the latter to be used for neighborhood retail uses (Exhibit C). Since the rezoning, the original 5.4 acre site has developed with a McDonald's restaurant, an Oil Can Henry's auto lube and St. Vincent's Medical Clinic. The clinic straddles the C-N and C-P zoning districts (Exhibit D). Since the time of the approval of Ordinance 86-58, a mistake was made by city staff regarding the location and conditions of the C-N zone. The ordinance text and map specifies that the C-N designation be located on the northwest corner of the site and contain one acre; and that commercial development occurring within a zoning district shall not utilize space outside of the respective zone to satisfy parking or landscaping requirements prescribed by the code. The current comprehensive plan and zoning maps, however, are drawn to include 1.99 acres in this designation; and the medical center development straddles two zoning districts. The Planning Commission held a hearing on CPA 95-0005/ZON 95-0007 on December 18, 1995, and voted 5-1 to recommend approval of the proposal. 4. Site Information and Proposal Description Site A: The affected parcels, containing 1.10 acres, are located along the west side of North Dakota Street, south of Scholls Ferry Road (Exhibit A). Site development has recently been completed on this site pursuant to the approved site development application in August of 1994 (SDR 94-0014). Approval of SDR 94-0014 allows for construction of a 3,840 square foot bank on Parcel 1 and 8,415 square feet of office/retail space on Parcel 3. Prior to construction, former tax lot 2400 contained a veterinary office, three homes and an apartment building. The applicant requests a comprehensive plan map amendment from Commercial Professional to Neighborhood Commercial and a zone change from C-P to C-N on Parcels 1 and 3. The reason for the requested change is to expand the range of 3 • • permissible uses to those allowed under C-N zoning. Under C-P zoning, retail commercial use is limited to 20 percent of the entire square footage within the development complex. Under this restriction, only 3,166 of the 8,415 square feet of the building on Parcel 3 could be used for selected retail uses. A change from C-P to C-N will only affect, therefore, the permitted uses for the remaining 5,249 square feet on Parcel 3. Site B: The affected property, containing one acre, is located on the southeast corner of Scholls Ferry Road and North Dakota Street. In March of 1988, the city approved SDR 88-05 for the construction of St. Vincent's Medical Clinic. The northern portion only of the clinic is located in the C-N zone; the southern portion is on land zoned C-P. The applicant requests a comprehensive plan map amendment from Neighborhood Commercial to Commercial Professional and a zone change from C-N to C-P on,the northwestern one acre of map 1S1 34BC lot 401, as delineated on the map of Ordinance 86-58 (Exhibit C). The reason for the request is to correct a mistake on the zoning map, clear up the split zones upon which the clinic is located and to enable the C-N zone, which is restricted to one quadrant of an intersection, to be more appropriately used by the co-applicant on Site A. A written narrative combining the two requests was submitted as part of the application. It is included as part of this staff.report. 5. Agency Comments The Engineering Division, Tualatin Valley Fire and Rescue District, Washington County, Beaverton and Tri-met have reviewed the proposal and have no objections. No other comments were received at the time of this report. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 5.4, 8.1.1, 12.2.1 (1) and 12.2.1 (3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules, Chapter 660 Division 12. 1. Policy 1.1.2, Implementation Strategy 2, requires that in order to approve quasi- judicial changes to the comprehensive plan map, the city council must find: a) A change is consistent with applicable plan policies; and b) A change of physical circumstances has occurred since the original designation, or c) A mistake was made in the original land use designation. 4 • • The applicants' statement in support of this proposal asserts that three physical changes of circumstances have occurred affecting the sites and a mistake was made in the original land use designation of site B. A summary of these arguments follows. St. Vincent's Medical Clinic was partially built on a one-acre parcel, which is zoned Neighborhood Commercial, despite the fact that the city council amended the comprehensive plan and zoning maps with the intent that retail commercial uses be developed there. CPA 10-86/ZC 18-86 was a request by Bethany Associates to rezone a portion of a 5.4-acre parcel on the comer of Scholls Ferry and North Dakota from C-P to C-G on 3.9 acres; the remainder would remain C-P. This action was to accommodate a neighborhood office and retail center designed to maximize pedestrian access to the site, particularly from the Meadowcreek apartment project immediately south of the site. The 1986 proposal stated "The medical/dental/professional office portion of the plan can be built in the present C- P zone so no change is necessary" The city council approved the request with the added conditions that one acre of the site be rezoned as C-N in order to limit the scale of commercial development which is compatible with nearby residential neighborhoods. Despite the intent of the council's action, a regional medical clinic was developed on the C-N zoned property. This use does not fulfill the purpose of this zone. The Tigard code states, " The purpose of the C-N zoning district is to provide convenience goods and services within a cluster of stores. Convenience goods are goods which are bought frequently, at least weekly, and for which people do not engage in comparison shopping. The uses permitted in the neighborhood center include convenience markets, beauty shops, barber shops and repair shops. The range of uses is limited to those uses which can be sustained by a limited trade area." The expectations of the zone change in 1986, therefore, were never fulfilled and the neighborhood commercial uses intended by the C-N zone never developed. The applicant claims that this represents one physical change of circumstances. The applicant asserts that the second physical change of circumstance is related to the type of existing uses on the sites. The recently-completed bank and tenant space on Site A, though allowed under C-P zoning, are more neighborhood commercial or retail uses than the medical clinic on Site B. This situation represents a change from the original designations and intents of the C-P and C-N zones. 5 • • A third change in physical circumstances since the original designation in 1986, the applicant asserts, is the additional street improvements made in the area. The widening of Scholls Feny and installation of speed humps along North Dakota improve the traffic flow in the area and discourage use of North Dakota as a 'cut- through' street. The installation of a traffic signal at Scholls Feny and North Dakota has made it easier, more safe and convenient to access Sites A and B. In addition to the above, a mistake was made in the original land use designation of Site B. Ordinance 86-58 designated 1.0 acres as C-N on the southeast corner of Scholls Feny and North Dakota. The current plan and zoning maps show all of tax lot 401, 1.99 acres, as C-N. The medical clinic development, covering approximately two acres, is built on land zoned C-N and C-P. The mistake was likely a mapping error which designated the whole tax lot as C-N, instead of the northern one acre only. • Staff concurs that one physical change of circumstance has occurred since the original designation. More importantly, staff concludes that mistakes were made in the original designation and subsequent development of Site B. The action by the city council in 1986 to rezone the 5.4-acre property on the southeast corner of Scholls Ferry and North Dakota to C-G and C-N was done to accommodate neighborhood commercial uses. Ordinance 86-58 reads, in part, "...the scale of the project should be limited so as to result in commercial development which is most beneficial to and compatible with nearby residential neighborhoods". Instead, a regional medical clinic was developed on approximately two acres of the western portion of the 5.4-acre site that straddles both the C-N and C-P zoning districts. This could represent a physical change that was not intended by the council, does not fulfill the purpose of the C-N district and precludes development of neighborhood commercial uses on the site. In addition, because of a restriction in the comprehensive plan locational criteria for C-N, the corner of this intersection cannot have another C-N district,- thereby precluding a neighborhood commercial district across North Dakota Street. Staff also concludes that a mistake was made in the original land use designation of Site B, and a mistake was made in approving the location of the medical clinic development in 1988. The city council action in 1986 to rezone this site included the following provisions. a) The eastern 2.9 acres of the site shall be redesignated for Commercial General development in the Comprehensive Plan and C-G on the Zoning Map. The northwest corner containing 1_0 acre will be redesignated for 6 , • • • Commercial Neighborhood development in the Comprehensive Plan and C- N on the Zoning Map. [emphasis added] b) Commercial development occurring within a zoning district shall not utilize space outside of the respective zone to satisfy parking or landscaping requirements prescribed by the Community Development Code. The map referred to in a) above is shown as Exhibit C in this report. The action clearly was to rezone only 1.0 acre as C-N. Currently, the comprehensive plan and zoning maps show this district as 1.99 acres (Exhibit E). Staff made a mistake in delineating the C-N boundaries in subsequent maps. Provision b) above was adopted by the council due to concern about negative impacts associated with a larger scale commercial retail development spilling over on to another zoning district. The medical clinic development, as built, does indeed cover part of the original C-N district and part of the C-P district to the south of the C-N district. Staff finds that a third mistake was made related to Site B by allowing a single use that exceeds 4,000 square feet. Chapter 18.60 (C-N: Neighborhood Commercial District) of the Tigard Development Code contains the following restriction: "No use shall have a gross floor area greater than 4,000 square feet." The portion of the medical clinic, which is considered a single use, located in the C-N zone should not exceed this square footage. The portion of the clinic in this zone is approximately 10,000 to 12,000 square feet. Based on the above discussion, Policy 1.1.2(2) is satisfied. Approval of the this proposal would correct the original mistakes made in creating, defining and developing the site within the C-N zone. 2. Policy 2.1.1 states that the city shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The policy is satisfied because the surrounding property owners were given notice of public hearings related to the proposal and given the opportunity to comment on the proposal. The notices for the planning commission and city council hearings were sent to surrounding property owners within 250 feet of the affected property, posted at Tigard City Hall and advertised in a local newspaper. In addition, the applicant provided notice of and conducted a neighborhood meeting on October 19, 1995, for interested property owners and those within a 250-foot radius of the affected property. 3. Policy 5.4 states that the city shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. The properties proposed for 7 • redesignation are currently zoned C-P and C-N, both commercial designations. Also, these properties are located among other commercially zoned parcels. This policy is satisfied, therefore, because there will be no encroachment of new commercial development into residential areas. 4. Policy 8.1.1 states that the city shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. The applicants' argument that the proposal would not have a significant effect on either the local road system in the area or the planned Washington County transportation system (Scholls Ferry Road) depends on the traffic study submitted for the previous application (CPA 95-0002/ZON 95-0003) for a plan and map amendment on Parcel 3 of Site A. The study and subsequent letters and comments from Washington County are included as Exhibit F. The study analyzed the worst case situation under C-G zoning on Parcel 3 only. This analysis showed that the transportation system would not be adversely affected. City and county staff agree that the analysis also suffices for the current proposal to rezone Parcels 1 and 3 to the less intensive C-N. Parcel 1 has recently developed as a bank and is under long-term lease with the property's owner. This use will not change due to the rezoning. Parcel 3 has recently developed as 8,415 square feet of tenant space. The uses allowed under the C-N zoning would not generate as much traffic as those allowed under C-G. In addition, any one use is limited to 4,000 square feet under C-N zoning. The owner/developer of Parcels 1 and 3 has already made street improvements as conditions of approval of SDR 94-0014. These improvements serve to mitigate the impact of additional traffic at this site. The traffic impacts resulting from the medical clinic on Site B were analyzed and mitigated during site development review of that project in 1988 (SDR 88-05). The current proposal, therefore, to rezone this site from C-N to C-P, if approved, will not affect the transportation system because the site is already built out. The city's Engineering Division and Washington County have reviewed the traffic analysis and find that the proposed amendment will not have a significant effect on the planned transportation system. The Engineering Division states that because the proposal is an exchange of already existing zoning districts that involves virtually the same amount of land, there would be no greater potential for traffic impacts from allowable uses. For the above reasons, Policy 8.1.1 is satisfied. 5. Policy 12.2.1 (1) provides the locational criteria for designating land as neighborhood commercial (C-N). These criteria apply to Site A. The locational criteria can be construed in a flexible manner in the interest of accommodating 8 • • proposals which are found to be in the public interest and capable of integration into the community. The burden of proving conformance with the criteria varies with the degree of change and impact on the community. The applicable locational criteria with findings are as follows: (1) Spacing and Location a. The service area radius for a neighborhood commercial center shall be at least one-half of a mile. The service area depends on the type of tenants who locate at the site, but it is expected to be at least one-half mile. If approved, this C-N district would be the only one within one mile. There are C-G and C-P districts within one half mile that serve a larger trade area. b. Commercial development shall be limited to one quadrant of a street intersection or where there is no street intersection. to one side of the street. If this proposal is approved and Site B is designated as C-P, then Site A would be the only quadrant of the intersection designated as C-N. The northeast quadrant in Beaverton is designated as 0-C (Office Commercial); the northwest quadrant in Beaverton is R-7 (Single-Family Residential); and the southeast quadrant would be C-P (Commercial Professional). This criterion, therefore, is satisfied. (2) Access' a. The proposed center or expansion of an existing center shall not create traffic congestion or a traffic safety problem. Such a determination shall be - based on street capacity. existing and projected traffic volumes. the speed limit. number of turning movements and the traffic generating characteristics of the most intensive use allowed in the zone. As discussed above under 8.1.1, staff agrees that the traffic analysis completed for the previous comprehensive plan and zoning map amendment (CPA 95-0002/ZON 95- 0003) suffices for the current proposal. Based on this analysis and for the reasons cited in 8.1.1, staff concludes that redesignating Parcels 1 and 3 of Site A to C-N will not create traffic congestion or a traffic safety problem. This criterion, therefore, is satisfied. b. The site shall have direct access from an arterial or a collector street which will not direct traffic through local neighborhood streets. Access to the site is via North Dakota Street, a minor collector. This was determined by the city's approval of the site development plan (SDR 94-0014) in August of 1994 because direct access to Scholls Ferry Road, an arterial street, was prohibited by Washington County. Because site traffic will use Scholls 9 • Ferry Road and North Dakota, and traffic is not directed through local neighborhood streets, this criterion is satisfied. (3) Site Characteristics a. The site shall be of a size which can accommodate present and projected uses. but shall not exceed two acres. Parcel 1 of Site A has recently been developed as a bank. Parcel 3 has developed as 8,415 square feet of tenant space. Both uses were reviewed and approved by the city in 1994. The site size does accommodate the present uses. Any additional future uses would have to be approved by the city. Parcels, 1 and 3 combined include 1.10 acres. This criterion, therefore, is satisfied. (4) Impact Assessment a. The scale of the project shall be compatible with the surrounding uses. Site A is already developed as a bank and commercial tenant space. Both structures are one story and oriented towards Scholls Ferry Road and North Dakota Street. The scale of this project is compatible with the surrounding uses of commercial and medium density residential. b. Site configuration and characteristics. and relationship to the street system. . shall be such that privacy of adjacent non-commercial uses can be maintained. The existing development on Site A is oriented toward Scholls Ferry Road and North Dakota Street. To the east across North Dakota Street is commercially-zoned land which includes the medical clinic. To the south is the Kindercare day care center, a conditional use in an R-7 (PD) • zone. There are no windows or public access facing south towards this residentially-zoned area. To the east is the new veterinary clinic building and a 20-foot buffer between the building and the residential neighborhood. With the foregoing configurations and characteristics, this criterion is satisfied. c. It shall be possible to incorporate the unique features into the site design and development plan. The site has already been developed. It contained no unique features before development. This criterion, therefore, is satisfied. d. Associated lights. noise and activities shall not interfere with adjoining non- residential uses. The existing site development as approved and constructed does not and will not create noise and lighting impacts to the medical clinic across North Dakota Street or the Kindercare center to the 10 • S south. The Parcel 3 building orientation faces north away from the day care center. This criterion, therefore, is satisfied. 6. Policy 12.2.1 (3) provides the locational criteria for designating land as commercial professional (C-P). These criteria apply to Site B. The locational criteria can be construed in a flexible manner in the interest of accommodating proposals which are found to be in the public interest and capable of integration into the community. The burden of proving conformance with the criteria varies with the degree of change and impact on the community. The applicable locational criteria with findings are as follows: (1) Spacing and Location a. The Comprehensive Plan map fixes exact boundaries of the commercial professional area. This policy is satisfied because the boundaries of the C- P designation will be set by ordinance that amends the comprehensive plan map. b. The commercial area is not surrounded by residential districts on more than two sides. The properties to the north of the site are in the City of, Beaverton and zoned office commercial; to the west of the site is land' zoned commercial professional (C-P); if the current proposal is approved the properties to the west would be C-P and C-N; to the south is land zoned C-P; to the east is land zoned C-G. This criterion is satisfied because the affected site is surrounded by commercial districts on all sides. (2) Access a. The proposed use or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity. existing and projected traffic volumes. the speed limit, number of turning movements and the traffic generating characteristics of the various types of uses. Site B is already developed with the medical clinic. This development was reviewed and approved by the city council in 1988 (SDR 88-05). Traffic concerns were addressed during that review process. Approval of the current proposal would not affect the existing traffic generation or patterns related to this site, therefore, this criterion is satisfied. 11 • • (3) Site Characteristics a. The site shall be of a size which can accommodate present and projected needs. Site B is already developed and can accommodate the present needs. There are no plans for expansion of the medical clinic. This criterion, therefore, is satisfied. b. The site shall have high visibility. The site and existing development is clearly visible from Scholls Ferry Road and North Dakota Street. This criterion, therefore, is satisfied. (4) Impact Assessment a. The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. The existing medical clinic is oriented towards Scholls Ferry and North Dakota. To the north of the site, across Scholls Ferry is a bank; to the east is a McDonald's restaurant and auto lube center; to the south is a vacant parcel of C-P land; and to the west, across North Dakota, is a bank, veterinary hospital and commercial tenant space. The nearest non-commercial use is the Meadow Creek apartments to the south beyond the vacant commercial parcel. This criterion, therefore, is satisfied. b. It shall be possible to incorporate the unique site features into the site design and development plan. The site has already been developed and there are no unique features on the site. This criterion, therefore, is satisfied. c. Associated lights. noise and activities shall not interfere with adjoining non- residential uses. The site has already been developed. To the north of the site, across Scholls Ferry Road, is a bank; to the east is a McDonald's restaurant and auto lube center; to the south is a vacant parcel of C-P land; and to the west, across North Dakota Street, is a bank, veterinary hospital and commercial tenant space. The medical clinic does not interfere with these non-residential uses and, in fact, is complimentary to them. This criterion, therefore, is satisfied. 7. Section 18.32 of the Community Development Code sets forth the procedural requirements for review of quasi-judicial plan amendments. The application has been processed in accordance with code sections 18.32.020, 18.32.050 and 18.32.060; hearings have been conducted by the planning commission and city 12 • • council according to 18.32.090(D); and the requirements for notification of the hearings have been met according to 18.32.130 and 18.32.140. 8. Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the plan and zoning district map as follows: A. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. The applicable comprehensive plan policies and map designation: and the change will not adversely affect the health. safety and welfare of the community. The applicable plan policies related to the proposal are reviewed above under section B (Findings and Conclusions). 2. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197. until acknowledgement of the comprehensive plan and ordinances. The Tigard Comprehensive Plan has been acknowledged, therefore specific review of each statewide planning goal is not applicable. Notice of filing this proposed amendment has been provided to the Department of Land Conservation and Development for comment at least 45 days prior to the final decision date. 3. The applicable standards of any provision of this code or other applicable implementing ordinance. Code sections 18.60 (Neighborhood Commercial District) and 18.64 (Professional/ Administrative Office Commercial District) contain the standards for the C-N and C-P zones, respectively. Sites A and B have already been developed with commercial uses. The bank and commercial tenant space on Site A were reviewed and approved by the city under SDR 94-0014; the medical clinic (Site B) was approved under SDR 88-05. The standards under each zone district have been met for these developments, except the 4,000 square foot limit on any one use in the C-P zone of the medical clinic. This standard will be met if this proposal is approved. 4. 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. See above under B. Findings and Conclusions, section 1. 13 S 9. Oregon Administrative Rule section 660-12-060 requires that plan amendments be consistent with identified function, capacity and level of service of affected transportation facilities. Based on the applicants' traffic analysis and the improvements made to North Dakota Street (pursuant to SDR 94-0014), the proposed plan map and zoning map changes will not significantly affect a transportation facility. Washington County, which has jurisdiction over Scholls Ferry Road, agrees that the proposal is consistent with this rule. 10. Conclusion In conclusion, all applicable approval criteria to support a comprehensive plan amendment and zone change have been satisfied. Staff can, therefore, make findings to support application CPA 95-0005/ZON 95-0007. Further, staff believes that amending the comprehensive plan and zoning maps to switch the locations of the C-P and C-N on this corner better serves the purposes of the city's planning goals and neighborhood public needs. It corrects the mistakes made regarding Site B, that is, the mapping error on the existing C-N district and the mistake in allowing the medical clinic site to be sited in two different zoning districts and developed over 4,000 square feet. By assigning a C-P zone to the one acre at the southeastern corner of Scholls Ferry and North Dakota, the medical clinic development will be located entirely in one appropriate zoning district and comply with all codes. This action will also allow the C-N zone, which is allowed on only one quadrant of an intersection, to be assigned to the southwestern corner of this intersection. Locating a C-N zoning district on this corner will allow the opportunity for provision of convenience goods and services to the local neighborhood. C. RECOMMENDATION The Planning Commission and Planning Division recommend APPROVAL of the requested Comprehensive Plan Amendment CPA 95-0005 and Zone Change ZON 95-0007 based upon the foregoing findings and conclusions. 14 z 4'41/ 1\ si 1110 ; -. I : 1 061,4, mi OW 1 iir,„„„„,,2 rat R as : 4 Ry V *. II apill clo ■ -isii< _ cn _tt ° tial 411 W 13 0 0. „ �Aim N ware 7H DR I ' ..... 1.1.--i_ z 0 k (ois's-■ Ellkl517,331w0 VIM • Illtab'k IIP AN ,4> 1111 53 .j� o Q NORTH DAKOTA ST , I I :*:.:*:*:.:*:.:R.:::::::::::::. / • i its ir 'ff.:Z..P.:.:.:.:...::.: ' 01 . 1r al HcaH City of Tigard Planning Department q i . • ~WWI••• dVfMN•. 1 1 ri 6%. 1 [ R:46 • . 4 t Zli ;:l . A., di ig.:4.4ATN'O. .3' :7 (/) . .1 Jl n rs Ai!.., . 400YOVIV \ %. wow vs if ��v4t," * - -. sod. °°. - - - .. L,./." •}:'.... 1[119.50 - t N 0% n . Pa . 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I / • .....ammo we.....=maaorsammas raearaam mimoos atamams,tawtataropppEn am wee atokImo=riamale --rt---p teas we militatrfst • • 1 11► 0111 W 1/41%1 6 A141011111 > I ti a) 11111W ri) E a. a) S-`;1e"j� z CD !� V U C9 C—G c, r I a��9s U �■o C CO b. C-P (Pm -6-_, sz 54,/..0. 7 0,0 0 i -s SPRi� ■ c 44j�*.14 p R-25 0 ,*, 0 ♦ � � \ T t9410t#4411 "111i • . (9,_ ■ 6 , 1 I I I I 1 1 1 1 1 1 1 1 1 I Vicinity Map A Nom: MaO is rolmsule N EXHIBIT F • ' Source: CPA 95-0011110N 95-0003 file. • MACKENZIE ENGINEERING INCORPORATED CIVIL • STRUCTURAL • SURVEYING • TRANSPORTATION 0690 S.W.BANCROFT STREET • P.O BOX 69039 PORTLAND.OREGON 97201-0039 • (503)224-9560 • FAX(503)228-1285 June 5, 1995 Washington County Land Use and Transportation Attention:Scott King 155 North First Avenue,Suite 350 Hillsboro,Oregon 97214 • Re: Pacific Crest Zone Change Scholls Ferry/North Dakota Traffic Conditions Project Number 294149 Dear Mr.King. Mackenzie Engineering Incorporated has reviewed traffic conditions anticipated at the intersection of Scholls Ferry Road and North Dakota Street with development of the Pacific Crest site at the southwest corner of the intersection. The scenarios reviewed include existing traffic conditions before development of the site and 1995 and 2005 conditions with and without the proposed zone change on Parcel 3 from C-P to C-G. Our previous trip generation comparison indicated that under worst case scenarios,the existing zoning would actually generate more trips than the proposed zoning. Traffic volumes for 1995 were estimated from summer 1994 counts with in-process traffic added for US Bank and Jiffy Lube and traffic generated from the Pacific Crest site. This includes the planned veterinarian office and bank and the"worst case"scenarios for Parcel 3. With existing C-P zoning.Parcel 3 could support a 2,800 s.£ convenience market and a 5,300 s.£Motor Vehicles Department office. Under - - the proposed C-G zone,the DMV office would be replaced by a video store. Washington County staff provided EMMFJ2 model runs for 2010 projected traffic volumes and 1985 volumes. The 2010 volume projections for Scholls Ferry are below the PM peak hour traffic counts conducted by MEI staff during the summer of 1994. To estimate the 2005 traffic volumes,the growth rate anticipated between 1985 and 2010 was applied to the 1994 traffic counts. This growth rate was found to be approximately 5%per year. The recent growth rate along Scholls Ferry Road has been 7%. The 5% rate was used for long term growth since the 7%rate is reflective of high levels of development in recent years and increased traffic due to the improvements completed on Scholls Ferry Road. Intersection capacity calculations were prepared utilizing NCAP software which simulates the 1985 Highway Capacity Manual. The calculation accounts for the existing PM signal timing on Scholls Ferry Road. The table below presents the intersection level of service as well as volume to capacity ratio(V/C) and average delay for the existing and proposed zones in 1995 and 2005. The signal progression system currently operating on Scholls Ferry provides a low average delay for through traffic. Traffic volumes projected for 2005 result in intersection demand significantly over capacity. These results,although shown,are not reliable. Several variables may affect future operation of the intersection including a constant growth rate of 5%,how planned roadway improvements will affect Scholls Ferry traffic,and FAWPDATAWS-06■94149103L1.SK • 11111 • Scott King Project Number 294149 June 5, 1995 Page 2 what improvements if any may be constructed on Scholls Ferry Road such as a third lane or intersection improvements. Some of the planned improvements which may reduce Scholls Ferry traffic include the Murray Boulevard Extension/Walnut improvements and SW 125th Extension to Hall Boulevard. Intersection Capacity and Level of Service Scholls Ferry Road at North Dakota Street Scenario V/C Delay LOS* 1995 C-P Zone 0.993 32.2 D 1995 C-G Zone 0.987 30.5 D 2005 C-P Zone 1.63 >60 F 2005 C-G Zone 1.62 >60 F *Level of Service is based upon average delay. The intersection of Scholls Ferry Road at North Dakota Street will experience demand in excess of its capacity within the next few years. The traffic increases will be attributable to development over a large area of Tigard and Beaverton,not one specific project,as Scholls Ferry is a major arterial roadway. The costs of any improvements which may be constructed on Scholls Ferry Road should be shared with all new development in the area. If you have any additional questions please call me at 224-9560. Sincerely, _ 44.1-OL-• _.1xed �1 110505 9 r Brent Ahrend Traffic Analyst /BTA.sk ,f`' 13 Enclosures O G. c: Ray Valone,Michael Anderson-City of Tigard Dan Boyden-Pacific Crest Richard Allen-Ball Janik&Novack FAW PDATA\95-06l9414910SL1 SK . p . . 4i■ a.. z Scholls Ferry Rood A 6 o as a, — 11 " 661 •` 158 1014—+ f •-1660 1 rf w N 11 14f 0 © 0 s FIGURE 1 DRAWN BY: DMB BUSTINGi DA BTA PM PEAK DATE:E: 6 6--5-9 95 HOUR TRAFFIC JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF Civil • Structural • Transportation n(� 0690 S. W. Bancroft Street • P.O. Box 69039 III II II I e)Maco+ZIE pique INCORPORATED Portland, Oregon 97201-0039 o lll� 0 Y D ' 0 t z Schoils Ferry Road to iSITE � g .tCn ■I• Cn 01 qt c I 90— %,`` 192 90—' '— 192 983--. 1608 983--. ••--1608 141ti� � rr 152 132ti� � �r 139 O N m O N - f■ rIn N 1 1 168� 1461 34-ik� t 37ti� © .4o © � S • 4 Existing Zoning Proposed Zoning DMV VIDEO FIGURE 2 DRAWN BY: DMB 1995 TRAFFIC CHECKED BY: BTA PM PEAK HOUR DATE: 6-5-95 JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF Civil • Structural • Transportation 0690 S. W. Bancroft Street • P.O. Box 69039 Cd MACKENZIE ENCINEEDING INCORPORATED Portland. Oragon 97201-0039 0 0 z Scholls Ferry Rood a A . SITE B C 03inIn • N N N 1 1 L 1 1 L 137–d• '— 304 137—' `` 304 1703—+ m-2787 1703 •--2787. 194—,,,, — 212 185— r 199 N t t N t t ® IOV) M rZ � N � N ^� O MN rd 4. 16811 j 146— I . 34~� t 37tiN © 12 ©• m Existing Zoning Proposed. Zoning DMV VIDEO FIGURE 3 DRAWN BY: OMB 2005 TRAFC CHECKED BY: BTA DATE: 6-5-95 PIA PEAK HOUR JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF Civil • Structural • Transportation 11-11[111 0690 S. W. Bancroft Street • P.O. Box 69039 •••• -reel, nn to . . , o ill, b1 II WASHINGTON COUNTY, OREGON June 8, 1995 Ray Valone City of Tigard Planning Department 13125 SW Hall Blvd. Tigard, OR 97223 Re: CPA 95-0002/VAR 95-0003 -PACIFIC CREST PARTNERS Thank you for the opportunity to review and comment on this plan amendment proposal. As I noted In my May 16 letter,the County's interest in this proposal Is limited to its impact on SW Scoops Ferry Road,a County major arterial. To review the impact on this facility,the County relies on findings based on OAR 660-12-060 (Plan and Land Use Regulation Amendments) from the Transportation Planning Rule (IF . To address this TPR requirement,the applicant's consultant(MEI) has provided the County with a traffic analysis(dated June 5th) which identifies the impact this proposal would have on the planned County transportation system for year 2005. This analysis is based on a reasonable worst case site development scenario for both the existing zoning and the proposed zoning. Specifically,these worst case scenarios are, 1) Existing zoning (CP) = 2800.s f. convenience market and a 5300 at Motor Vehicles Department office; and 2) Proposed zoning (CG) = 2800&f. convenience market and a 5300 s f.video store. I note that these square footages only add up to 8100 s f.and not the 8400 s f. of space assumed to data Whether or not this incongruity is simply a typographical error or is the wrong site size, I do not believe the discrepancy Is signiticar t because the difference in the extra 300 at should be proportionally higher for each scenario resulting in an equivalent relative impact. While these worst case scenarios have been discussed at length between city and county staff, I must rely on the City s interpretation of their code as it relates to reasonable worst development. Assuming the reasonable worst case development scenarios are an accurate reflection of allowed land uses for the site,the County finds that the proposed plan amendment will not have a significant effect on the planned County transportation system. Year 2005 deficiencies in this area are due to effects of traffic growth based on the current land use system. The analysis shows that this proposal will not make the planned system any worse than it would be with no plan amendment. Therefore,the county has no objections to this plan amendment request. yy questions regarding these comments, please call me at 681-3961. . Senior Planner c: Marie Brown Brent Ahrend Department of Land Use and Transportation, Planning Division Phone: 503/640-3519 ._„.. ., r- . _.._ I Itn.V�� 01._�.._ "-WA"• 0 AV as GM ICAO AAln • CITY OF TIGARD PLANNING COMMISSION Regular Meeting Minutes December 18, 1995 1. CALL TO ORDER President Wilson called the meeting to order at 7:40 p.m. The meeting was held in the Tigard Civic Center, Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Wilson; Commissioners Anderson, Griffith, Holland, Padgett, and Scolar Commissioners Absent: Commissioners Collson, DeFrang, and Moore Staff Present: Dick Bewersdorff, Senior Planner; Ray Valone, Associate • Planner; Jerree Gaynor, Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS At the December 4th meeting, the Commissioners voted to amend the minutes of November 20, 1995, regarding a motion to purchase the Gage property on SW Bond Street for a greenspace area. After listening to the tape, the Planning Commission Secretary advised the Commissioners of the actual wording of the motion in question. Commissioner Holland moved to accept the November 20th minutes as originally written. Commissioner Anderson seconded the motion. A voice vote was taken and the motion passed unanimously. 4. PUBLIC HEARING 4.1 CPA 95-0005/ZON 95-0007 PACIFIC CREST/PROVIDENCE REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of ML-P 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 5.4, 8.1.1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood PLANNING COMMISSION MEETING MINUTES- December 18, 1995-Page 1 • • Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. STAFF REPORT Commissioner Padgett asked if the staff report for this case was available for a minimum of 7 days prior to the meeting. Associate Planner Ray Valone answered that it was. Valone then presented the staff report on behalf of the city. He noted this is a proposal to amend the comp plan and zone map for 2 sites. The applicant for site "A" requests a change on 2 parcels, from Commercial Professional (CP) to Commercial Neighborhood (CN). The applicant for site "B" requests a change from Commercial Neighborhood (CN) to Commercial Professional (CP). Valone stated that the applicant for site "A" received approval for a minor land partition and a site development review in 1994, which resulted in the partition of the site into 3 parcels, and the development of a bank, veterinary office, and tenant spaces. The owner applied for a comprehensive plan amendment and zone change last April to change parcel 3 only from Commercial Professional to General Commercial. The Planning Commission recommended denial and the City Council voted to deny the proposal because it did not meet all the criteria. Valone reported that the northern 1 acre of site "B"was rezoned in 1983 from. Commercial Professional to Commercial Neighborhood. Valone said that staff finds that the proposal meets all applicable comprehensive plan and development code criteria, as well as the transportation planning rule. He said staff finds that the primary criteria (Policy 1.1.2), which requires that a change in physical circumstances or that a mistake was made in the original land use designation, was clearly met. Valone stated that staff recommends that the commission forward a recommendation of approval. Commissioner Holland clarified that the C-N designation only allows 4,000 square feet per use and that the medical center has over 10,000 square feet. He noted that this was one mistake that would be corrected by changing the comp plan. APPLICANT'S PRESENTATION Ed Murphy, 9875 SW Murdock, Tigard, OR 97224, spoke on behalf of the two applicants. Murphy noted that the current zoning map is opposite of what is actually built. He noted that the amendments would more accurately reflect what actually has been built, they would carry out the regional intent of the comprehensive plan and free up the Commercial Neighborhood zone. PLANNING COMMISSION MEETING MINUTES- December 18, 1995-Page 2 • • Murphy reminded the commissioners that the current CP zone already allows 20% of the building square footage to be used for retail. He remarked that the definition of the word "use" in the development code is subject to interpretation, i.e., use by tenant space, or use by building space. He said that this change would correct mistakes in mapping and would fulfill the intent of the Commercial Neighborhood zone. PUBLIC TESTIMONY - IN FAVOR There was no public testimony in support of the proposal. PUBLIC TESTIMONY - IN OPPOSITION Dan Spriggel, 180 W. First St., Dundee, OR 97115, expressed his concern about the impact of a competitor at this site. He also talked about the impact of changing the comprehensive plan and the negative effect it would have on the surrounding areas on North Dakota. Dan Kearns, 111 SW 5th, Suite 3200, Portland, OR 97204, representing Dan Spriggel, presented the Commissioners with a memorandum in opposition to the application (Exhibit"A). He referred to traffic information presented with the previous application. Kearns requested a continuance to allow time to analyze the staff report and the traffic report. He noted that the "120 day rule" does not apply to this comp plan amendment. Kearns listed 3 issues of traffic concern: capacity at the intersection of Scholls Ferry and North Dakota, traffic infiltration into the neighborhood down North Dakota, and parking on this site. Kearns talked about"mistake versus change". He said he understood the building of the clinic in the C-N zone to be either a mistake in zoning or an unlawful use, as opposed to a non-conforming use. He remarked that a zone change provisions were designed to validate zoning violations, that this should not be used as • justification to rezone parcel 3. Kearns then went into detail about the traffic concerns and how they would adversely affect the neighborhoods. APPLICANT'S REBUTTAL Ed Murphy stated that the property on the southwest corner is already zoned for professional offices, which means it already has a commercial zone and that eating and drinking establishments are already allowed, as long as they don't exceed 4,000 square feet. He noted that parking requirements would be checked by staff as each individual tenant comes in. PLANNING COMMISSION MEETING MINUTES- December 18, 1995-Page 3 • • Murphy reported that Hollywood Video was not one of the tenants currently being considered for this site. PUBLIC HEARING CLOSED In response to a question from President Wilson, Dick Bewersdorff said that the commission, if they chose, could judge that the staff report was not available because the opponent did not receive it and could then grant a continuance. Bewersdorff said, that if the applicant had asked, the commission could also have held the record open for 7 days. He noted that since the commission was only making a recommendation to council, the applicant and the opponent would have opportunity to tailor their arguments. Commissioner Padgett asked about the driveway cuts and the number of parking spaces. Ray Valone that these are handled at site review and must conform to city standards. Commissioner Holland noted that the Neighborhood Commercial designation was intended to allow some commercial use every so many miles. He remarked that he was upset that this particular C-N parcel was used to build a facility that could have been built in a C-P zone. He said that it made sense to swap the two parcel designations. Commissioner Scolar agreed with Commissioner Holland, but said he would like to give the opponent extra time to make their case. Commissioner Griffith asked if the sites were both built out and what would the plan amendment accomplish if they were. Ray Valone answered yes and that council approval of the plan amendment would correct the use that is straddling 2 zones. Approval would also free up the Commercial Neighborhood zone. According to Valone, Washington County stated that this application is consistent with the Transportation Planning Rule. Commissioner Padgett agreed that there was a mistake made and that this application will counter balance the mistake. He said he does not think there will be a substantive change in the amount of traffic through the intersection from what' is currently zoned there to what is proposed. Padgett did disagree with the staff report in that the widening of Scholls Ferry Road and the installation of speed bumps on North Dakota should not constitute a change in physical circumstances that would support a comp plan amendment. Commissioner Holland moved to approve Comprehensive Plan Amendment (CPA) 95-0005/Zone Change 95-0007, in accordance with the staff report. PLANNING COMMISSION MEETING MINUTES- December 18, 1995-Page 4 • • Commissioner Anderson seconded the motion. A voice vote was taken and the motion passed by majority vote. Commissioners Wilson, Anderson, Griffith, Holland, and Padgett voted for the motion. Commissioner Scolar voted against the motion. 5. OTHER BUSINESS None 6. ADJOURNMENT The meeting adjourned at 8:25 p.m. Jerree Gaynor, Planning Commission Secretary ATTEST: President Nick Wilson PLANNING COMMISSION MEETING MINUTES- December 18, 1995-Page 5 ■ W .P 35-4 87 5 186 • US Postal SEivice - Receipt for Certified Mail . No Insurance Coverage Provided. 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V- _-,- __ ..------'. ----- --'-------.- _ - --- - - - -- - r:.,,.:'...."...:":'.w<`,.• "-:”-._. - Date the Proposed Notice was mailed to DLCD -11/22/95=== -=sy-- "-, - _ __ - X;^ ----;---- --.---" Comprehensive Plan Text Amendment -_- --- Comprehensive Plan Map Amendment --- __._.Land . . ` .•=- Use Re elation-Amendment- X Zoning --_ • , 9 LL:,-- � o g Map Amendment --_._ __._, ',_.,_,_-•,: ,.:.;,;�T-.. :• e Re 9 latio • - _'-'.:-1-----Summarize the_adopted amendment. 'Do-not-Use technical terms:::Do-not write:"See Attached." - - - -=AMENDED=°THE COMPREHENSIVE' PLAN-'MAP-=-ON:=PARCELS-�=1-=&- 3`OF=�MINOR`LAND_._,_-___-� - : _ -__PARTITION_MLP.-94=0013 _FROM:COMMERCIAL:PROFESSIONAL TO NEIGHBORHOOD -.--- -*--:' ----COMMERC I ALT AND :CHANGED':-THE:-'ZONING-'FROM -`C-P=-TO- C-N•-• AND ';2- -_'- AMF.NnED .-.--- ---- __= ,.. 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A.'.....,:t: .;ti.c:;: :.r.:....'.'r.'.1°.....-tf'... ..t t.. ,.......ZY..,:iita-C2• -..".....".•waele -ecirrxec--u-,:z -.t..,,c-,,cp14.ir.E.t* .---,*2 ,-,--"..... r--,re...4...Eal,-.a..-1,--_- :°,---:‘,...- -. _ -'----e"".1.-'..-72"--2-37,--5- Affected State or Feder-al Age-ric-ies-to-cal Governments or Special Districts:*mcDi':--f-',# 0:-.-- -v."-*---cs-tz-P-77-, - -- --------,-,--7,---wAsiliistaioN-couNTy-AND-BEAvERT2N-------:---,u--;-%-.-- -,t;,.rr---.-----.,-..-,-f--.---:z?G--- -,----;-----,--n-..--:,-- r_-_--.;,-..-.-- --. - - --..,..&- .,.. -• - 7.---711.7.------=,-----.-.-------.-, •— :-:------. ,---. ,..,..-,..- 2_-:.,....-z.2.,sr,..-,-.4.-, ..t":7..,.:7-5.7--D.T;-..7.M1F:•,--',VT:. -,---_,F.Q.4-E?.75=,:,,,p1,.:Xf,Fe-7....7::,,:,..,•■■,... :..,f. 7,,-,...t.".1-,7::::::71::.7::.':..7! - ..:..- 24-1,-;:-...--."..1..... .-.3--i..-,.....' ....-.^-,..::.. ....-.— ...,.-..7,- ...f:-„ .- ..ts. - ----,:-i-,-, .r;:: ---- ..„- ,---1..'n--,-,..,..-:.....A,--`,-,,,...2,-....,-'-,•"...-F2se'.1.:r-Li...-'-. ,..- -_ :!--'...-..-o-2.1.:,..<-,:: .....,].....t-.■......-.---.1-......-..L.2-4... -...--,-.......:4....."...,...............*-.:..-^ .faaaa..........,... .........`",..—-7..e....,1.,-,f,......L:........: ........_.....■-■••_.:_ __.-.1-7_,-■Ii......7.-^:-..1 ,...-41.4. -,-4..-....r.m...,...s.,-.-s-c.-.▪ ..1.,....-.,...-4.-,,,,,,— .—.--',--x---s.-:.-....-,..,....,....---.--- -- .__ _ .......-...■,..- ......,....-....n ..c ....... ---... :, .",..'..7r„....;'4'.45;4''.1.....22Addies:'Z CITY y OF_TIGARI13125.SW HALL :BLVD.', 7TIGARD,.:.OR::::97223 i'..,_...:-..-..:-.,.ff-...::::. ,... -..-.14....„-:;.--r-..:,:_- . ,...,.....„.:...,-.........--....f.-.•..,............:.,..... 3 ;...,__ - .-._:. ,,,.... . ... . . . . ... ...:. . 7 . _' ._. , _ _ :,„'_.-,_■:-._■at s.:4-f_!;,,,i_raz 7 .,-:_-_-_.: ._ .-;,_•_,J-,-,,_-_ _ _..r:._f _ , • . _ -_:,....:. ,,--; '_...--.-...-4-■-•:.7-..,,,r:r.-.-...1.,...1-•...- :-.".......r 1 -,-,. rr...._-P-. • '.■1::■-•:+'-...-;:::::7-■-•,==.:L:-.--.7■.■7-4:.*.■:-...-.- -'.--..7•.., :.....-__"'":"-•---7-:'7::."-::7.-- 7:--2'7:---7.--7._":::::-.ZZ-4,---:-..-Z.--.--1-7-7-7-7_:7':::---:7- -.: -:--_-_--.---_--r-_•:--.7.-7,-,:-_,„.:-7.....:..--L--Iz.--„: .- ,...L;:. ...:,-..--- -..:".:-.:-'..7-.4ifi.:,-,:----„, I- 7- ....--,:_-. „.:_:z3., _:.---_-_- --3..-. .. - - _ • .7"..7,:--__-:-.'7.:-..-7-r...:- .-",;;;;,",;.r*--"-::::r''''''3:-• ' - 7,--.--"..-"-' --,"”- •- --::.::.:.:-...."--....--..' ..:. -:----f- -''...'..:- :-*-7 .- t •- '-_--:: --;,'- -•--"--.-'--'""7:-' ---..---:--- - '-"...-.-_t-'-7: -,-_-_,-:,-;:, -..-.7__.-___ - - • , '-‘,,,---,,,--,-.---- --.:• ----- ' --' -7-- -'-'1 - ORS 615 d OAR'Chapter. 660,Divisior118 :- -- - -- '7'73: -.""Zr,;7"-.7-7,..-7.--'-'""-....-..'.-..?=".-,- -' 4.,........t.r-a-51...44.....aj....-........,...., ..."::.....:-...:`,...-..-;.,,...:7.7.-0:1-..,77.,7.....i.r.'" ...,...."'"..S.=.....4,:i-.7-...,r..r.=.7.1,7,14o.,7.%,..-,. .▪ ...- -,,,,,UW--.........i.,' ..-' ,■-•''''.:=,.Z.:-..ii=k+,4:1Z- -..4_ ,.,i.▪".•-•7:... 4%:1;4217/7,4•-%:To-4., --"Z.1-■::,-:,,...-::::.-'.,^ "r -- :.- '''.;".±.'f. 2r-Irar.:..:::-!....'::t-c-J:'.•:-..' i'''...r.2+t--":"...1.'it----2."7--:1".-1.',--,7::±i"',:•"..;'-"-,' ;,:.. -" "FE----" -71 ---Fir7t1/4". '.- -7 7-7 1---.......'.----."'-- ' •.---- - - _ - .- --• 1 ---Send thii-Form—nd One (1) Copy_of the-Adopted AiiienAlm-eiiirtO:_:___:-_-_--'-'-'-'t.t---'="'"----.7.'. - -- — .- i...,....45.--„,„..t.„ .._fl.„---„, .,...,-1......%-_,.......i: 'a 4 t.-e;.'; ,.t,.._1_4 r-*.r -t-ci i...4 4 ....-27L%.. -. -'........r 7:.4.2....-4:1;/-dgitt-g,,■!..4r.tNel .4"7.4-: . -- Department of Land Conservation and Defeloptfitfit----- ----:----------.----------- -- . , _ _ s• .-_-_ ::;-_-:_:-::_ -. .., - - - -----; - ---1175 Court Street -- .- - -- ---- -.• ------- --- - ----_ __ _. .. _____________ _ ._ ___ __ .,--N.E.E ...„..,_ ..: ,..,. - _.....,::„....- ......-.....--......„..-._ Salem_ .....„_ _ ... .....,_ • _ ,.....-„,...:-_,..„.,.,,,....„....„,,,..-.„.7._. -,...,-__.,..._,,,„,-...„-_-,.....,.„_____„..._-_,_-..,..„.„---_„_-__:„..„..___.„.„._ ,,Oregon-4;97310-0590--.-,7_-----------...--71-z-,7...-------.7-:-..-...,..._--,---,,,,,,,,,.------,-,-,--7.------- -4,--4-,,r,L--------- --.=,27---,----,7-,-,---7-7-4-,--7,--,7,---- [ .- ..., :7„.,..-4,.,---,-.--.....,,,,--. ,.------ .-- -:-.:•, .........„..._„...-.....„2...„--....,..„- ........„..-.....,....------_,:‘,..-4-:.,-;.--•at_.•,_.,.:--._,,,--... -4- ..--1?„... _,-,-...4-.7-4,- -1-,4,...±...e.-. •=.-...--,A.---,...wi.„;34_2-----...-;.-....,,t4--.4±-,..--.fi.,„„:.-:.-.4,-„..1,7-_--;----_,F-_--,-• _--;-_,-. :-,...,:-....-.=,,,,,......-.. ..-. ..-„,..:_-_,..„-... :„.,_, .:;1_77„...-7-:-1.---; ----:-.1--...--.1:7-,--..,.:,-:,:-. 1 :.."---.4-,--, .. .21--:.--::..,-.......'W.:-.4,:t-.7:,-,-4-.- -.7..7.-..:-V1...-- 7-_, ,..1.7 .- - ,.. ..,T.71.7:L.Ti.--:; : -...".1..-.. , - `- -- --- ---`"---'-'2:--"". Submit three (3) copies of bound documents and maps larger than 81/2 by 11 inches.-,T-------;-:-- 3. '-Adopted materials must be sent to DLCD not later than five (5) working days following the date of the final decision on the amendment. 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information.-- -=;.----,-:-- --•,-- - _ •„.._ .._.. . . _ ..... .. . 5. The deadline to appeal will be extended if you do not submit this Notice of Adoption •_ _ within five working days of the final decision. Appeals to LUBA may be filed -- . ... .. _ within 21 days of the date Notice of Adoption is sent to DLCD. - ._ 6. In addition to sending Notice of Adoption to DLCD, you- must notify-persons who - - - participated in the local hearing and requested notice of the final decision. - :- _ - _ . ,... ,_ • -_ „-- • _._ : . . . . . . \ If you need more copies of this form, pleas e. call the DLCD at 503-373-0050 or this form may be duplicated on green paper. - , • - . • 0, , _ ....___ _. _ • 'PZ• '7'29,. 1,87 111 Receipt for-. . C 4441E Certified Mail . . No Insurance Coverage Provided �`a Do not use for International Mail (See Reverse)„ - 1 P.0 State .nd ZIP Code AP _' u_ 1 1 .'131 b . • Postage Certified Fee • Special Delivery Fee Restricted Delivery Fee el oo Return Receipt Showing to Whom&Date Delivered .c • 2 Return Receipt Show' ftf Date,and Addres � • TOTAL Postag, la� ..,. • &Fees co Postmark o:fate • 0' LL .ze10 d rn a I ;; SENDER: • . • o ■Complete items 1 and/or 2 for additional services. I also wish to receive the r• •Complete items 3,4a,and 4b. following services(for an' m •Print your name and address on the reverse of this forrOat we can return this extra fee): d card to you. �J •Attach this form to the front of the mailpiece,or on the back if space does not v permit. 1.❑ 'Addressee's Address •- re •Write'Return Receipt Requested'on the mailpiece below the article number. 2.❑ Restricted Delivery y M •The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. *d- o a-°, 3.Article Addressed t�o:a 4a.Article Number d a 4 c St ,Q,,,4b.Service Type I' �, O�VLap��lb 1 ° Registered.- Certified ¢co t i li 10 S ►4,'S� ,\(� ❑ Express Mai V ❑ Insured c 1 w ►v ❑ Return Receipt for Merchandise ❑ COD ` LQ ` a�?� WI 7.Date of Delivery if., V�� NOV 14 WI 1 m 5.Received By:(Print Name) 8.Addressee's Address(Only if requested and fee is paid) t c 6.Signs re:(A t) i'r ee or Agen i 0 PS Form 3 11, December 1994 Domestic Return Receipt i. il • NOTICDF PROPOSED AMtDMENT • This form must be received by DLCD it least 45 days nor to the final hearing . ORS 197.610 and OAR Chapter 660,Division 18 See reverse side for submittal requirements Jurisdiction C.1-rY of T1GA,.b • _ Date of Final Hearing t 123 9 Local File # CIA 45--ouv6/Zo?J `t F-0007 Has this proposal been previously submitted to DLCD?•/ Yes X No Date . Comprehensive Plan Text Amendment X•,Comprehensive Plan Map Amendment Land Use Regulation Amendment X ;Zoning Map Amendment -.._.. ... ...5..{.3vJ.`.. ..1..1 ....L.t .-. .<........ ..._. l.. l.. .r1 .A ...::1.'.. .r . _ New Land Use Regulation z_ ,. ;. :.0 ,.c... .,, ;r.ie,.1 ., Zi; ^j� `:;;'J -'c _ .._. .... k: .na�1;`Y� ;,4J .... t...:.l,i.,.i.�_ Briefly summarize the proposal..-.Do not use technical terms. Do not write"See Attached." - A. T .COMA p :.:.� '-'AP o,� P.�,ec ` i''1.3 of 3li754-Dc;)3-'Piton:CvtiCC�eC.�AL PitoFessia,JAL ib ,t)Zi614941.14CIA (4.1. gR�tsAt 4*)4 4-U4«.+C �1h: Z.�••i•«•G ^l G-p 'Toa`G=w� it.+g 8. O g1): At.C;:j, =AecO4:1.4-7;'-ii-T' R,pA(1_ '6 't- )2t Dotvc.CA-:2art YNeT6ad%414oe.b :C0 Tc> .00'4.,-t6CciAL .tar-t Ss G %AL AN6. CO). (.4; - r1*'C Z.)w'4.4 6 . Fa-e•■ G-tJ ib G-P::"Ct4. /`' P, :. :..;-r...;r _ r•c•% A. Co/1, :f•e.oG- ? 1•s••■A:-L ..x ;.-;�.•,A Alec c.tg0RiCovD.Co. 144.4 A L Plain Map Change From33. N cL�i.gd�Nsc.�t co. +: :' ° - to ...3. e' . A 5. o,.A t; Zone Map Change From R. c- P to Ag c- P) S u,�ivc A ST" R ti 6 So‘47‘.4 Ce't R.S Location: Sw sc.+l,;iLs `° RBI s;4' ''"&A w��-a ` == Acres-Involved: -2 "lo- Specified change in Density: Current Density IL) 14 Proposed Density ►11 I A Applicable Goals: 1 2 C f 2_ Is an Exception proposed? _ Yes 1C No Affected State or Federal Agencies, Local Governments or Special Districts: 1)(Cb wAS K - Co <Q. n/Tti.,, • Local Contact: ''t' \A Loo-'c Phone: &35 - 41 -7 I Address: l 3 17.-S Su.) l.1.A Lc_ 6 w.6.. ,i(A•tiS ot_ DLCD File# Date Rec'd #Days Notice •4',•-- - .. ..., _. •- . , s -e . . -- •--,'•• •-, .---- - - --- rs:--::-.- ---- '--`t - -... !--r••=c'--,-,7 st.". "." :. -'.'• '.- . . . -1 :%.—_ .i. :. -.; . . .. .;.."...:.', :4,--..-•:T-t 4..• '',.- - . ...." •'. . . :.::..-` .., -;,..ift ..-..J;*',1....7.-,... ..:.- ". ,-,, •:.,, • -. - -...• , . . - : . . .-... , . . . • •. .. -.- . - •,.. SUBMITTAL REQUIREMENTS — •-qs!' .. . , . , . . • -. ORS 197.610 and OAR Chapter 660,Division 18 . . .- :- , .. . • • - -.• -.• . . . :, 17:". ..:7)4,!. ..f.V..;3::::.;.,: .,. —': • ._Tr:::4::..':', . . _ . . .—,.,.-.., .. .., . ... . . . . . •• -.'.. ,:.4. "—:-- ' - -,."-- '•'''• • -4,. . • --':"* . • ' .1'11;Itoit -X.'17:s. -:-" . '...1-' ' ' l'.. '•;,',".;--;'.:n:;. -. ".- . .... 3't:.)r.......`:,--,r. f' .......:77.1"*. --% ..,—-■..—,' ..rk ',. -...1.'.t.`,..4,7:: .7.:,:y:‘1. • • ' ''.."2'.:7-11 - .4 1 t.'''':. 1, i '...:Z'i"::V.:''''f:.ii.S111.71-:(3...;4iL"`.1..■'-';!..'. ' :: • '"'. - -.. 1:—Send this Form and Three (3) Copies-Of thePia-po—sedAiiien-ament to . •-": • •:-'.'..-- '. v. . . .• J.:: -..,-. „ .i,:•....,-. ..!' 1.4,:ir.c-r1.....; 5.. 4-Zli.Z.t.10.;:;i: • • - .—. . . - • Department of Land Conservation and Development . , .. , . , . , . ..... .. , . .,.. 1175 Court Street, N.E. .. ..`-`;'"•. ' - • -..3f**.•..:`• ..•Salem. ,.Oreg-On' 97310-0590 ,-...:,.-"i77.,-,;,--,.:, .-.e.-:•'-'•., . „ T:'- ::: .z-1F-f"•:;1',=.1C,10;.:' • ...„___ . • . .. .. , -•-,,,- -... - -:-."----r-4=.----'ic---:---:-, =---=•}71,;%=9--,-;13 1,0.!f': -•,•(-'-x7:.--f- -:.- -•- - - • • . 2. -Unless'-ekei-nitrbY' ORS 197.610 (2), proposed aineridmenti must be received'it the.. _ • . • . ... . - Salem DLCD office at least 45 days before the final hearing on the proposal;•'t'••• - ' • . • - - r -7 t• :ii:.,_ . • . - .. , ..,...■ .::"...41.:',.-=,:'!2;:.=,;■--:',:,7':•• . ..... • ' . . • ' •, .. . . . . • •. 7' 3. ' .Submittal of proposed arnendments shall include the e text of the amendment and any • , 'other information the local government believes is necessary to adviseDLCD of the - - •. - -•-•: ,_ . . proposal. •"Text" means the specific language being added to or deleted from the •,--- .: .- , .' ' -:. acknowledged plan or.lan. d use regulations;--A generattlesciiptiOn'of thefirotiOiitis' -:' ''.:•••.',--•'_'•-::.C.'-i . ....... , „ • .•-•-;:. - '-':-._-.. .1.27- •-••„. not adequate.-,•• ...- •• -, .1 • . •-.••. • *•••.• - -• - -'6:, - •• • • • - •---- '•,,------ - •"-, -- , :-.• ••• --••-... • - -%•-•-•,•,--.`....- •,-----2•'-'7,:• .Y■=•-•i'-'-',--`':-:.-: - . '-'=`/--',••.---.:- 1•;-:-'', I---.1,..;:. i--.■,,..,...;;.=,,,--:.-!cr.-_,) :..--i-. .'z,A. ,-:.-:-..."•"•••;.'- :. --•.•.•-?„.•:'=•-:--'.4,-.1-;- ! . . -,,......•,.,:-...;-,t...,,c.. 4. Submittat of proposed 7mapaniendments must include a map of the affecied area • ' • .. : '•-. •••7---- •showing existing proposed plan and tone designations.-The map 'should be-ori-.",';,:i:---,',.•:-:•:::.• • -• ..,-.-;81/2 by 11 inch paper;A legal description, tax account number, address or general - .- '. • .- • -.:" • description is not adequate. • . - ....... ..• _• • , • . .. - :- • . , . . • • - 5. Submittal of proposed amendments which involve a goal exception must the .' • • ... .. . . „ . •_,.c proposed language of the eiception:f-- ---------,•• ' ,-,." • •-'--:::•.- •f'.---'-k',' s..:::":',';: .-'7,..,:!;'•,k,';'','',::;:,. • , •- .-., - • - -.. , ,: _____ ..___.... .,..._„___.....„:._....._;,...._ .- •-, . .• ,_ ... ..._. ..,.....,,.._ __,..., .:-.-.......•..„L..', -- ,:i•- '=;i enrif4110q.r..it,••,',.•:_;,---,J:•-a.:- ' " -- - • . , . ..,... .. .. , . . • . . If you need more copies of this form, copy it on green paper or call the DLCD office •,-. 1 - --at 503-373-0050. • ... • : . ,• . ,•i .: ,-', -,. -...,.;' ,,,,,.. ... c1"::.,- . . . . . . . :.':' ____. : . _ *'.-7.,...:',_;-.... '...:! !-:,j.•',7 L. . ... ••..... .• . . . - . . •• .. .. ,. - - -- -*-7 '':=Z---•-'..--- '•.: ' :.•-•:r . .. _.. . .. . . _. _ •- - .- - <PA>somicaprocond.somead •• - -''•-' • • __ . .... ..... ... _ — - . , -_____._ ._..... _.. - ....--...• .- . --.- .... . __________.....__. _ • . . . . • . . . ' . -.. . ., . ...._... •... ..- . ...... . --__ —... _..,_ . ...... . • • ... . ....-._. ____ . .... . ....... . . ... .... • • i.i - •- - --- _ _. - • • — - • • _ . • . • • ' - - • . - ' . • .. . . .. .. . -- • . . . _ -- - . , • . 11/27/95 09:35 $503 526 2538 TV FIRE MARSHAL [Z1002/002 REQUEST FOR COMMENTS 41) CITY OF TIGARD OREGON TO: Gene Birchell, TVFR DATE: November 20, 1995 FROM: Tigard Planning Division STAFF CONTACT: Rav Valone Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CPA 95-0005/ZON 95-0007 PACIFIC CREST/PROVIDENCE REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1 .2(2), 2.1 .1, 5.4, 8.1.1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. Attached is the application/vicinity map for your review. From information supplied by,various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future_ if you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: November 30, 1995. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact "t noted above with your comments and confirm your comments in writing as soon as possible. If•:you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: (Please provide the following information) Name of Person Commenting: ' jt �Z Phone Number: 14 —L3)?Z, *REQUEST FOR COMMENTS - A, CITY OF TIGARD OREGON TO: Gary.Alfson, Engineering _ N DATE: November 20, 1995 FROM: Tigard Planning Division STAFF CONTACT: Ray Valone Phone: (503) 639-4171 Fax: (503) 684-7297 . RE: CPA 95-0005/ZON 95-0007 PACIFIC CREST/PROVIDENCE REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1 .1.2(2), 2.1.1, 5.4,( 8:1 .1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. Attached is the application/vicinity map for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: November 30, 1995. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. • If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. — Please refer to the enclosed letter. Written comments provided below: L Ue. 1444401540/ yam` 4 hi area ole C-d 2.0449 ,�rf >1de -104/ drea At C-P %M' z // rpeiixl.i' saA0-4704144 a c 9d is A real" v Vle.4 Glc>44,. D�, 7i 5/5; G0 e Adr&e //a oego.f. (Please provide the following information) Name of Person Commenting: °Z. Phone Number: .�' 3341 t . " • •• N D BAY AN sigill III I I -----_________________ IIIIIr Z LLI i Plitillip 2 ..,________,----------------- H D. ce 11111111 RscH0LlS F ERRYR \ ITE B a. : . w • o Ski • 0 ix o W�� • Z ��� Z < . PRl -.I �. No CL wo o _. 00 a , illilp DR Ct 80/y, 4- Q oR 4 w lir veil_ ii, CT _ �L. *WA i s 0 s ND�ii IL IIIIIIIIII }- U ::::a::::1 Proposed Comprehensive Plan and Zone A 77 change from Neighborhood Commercial(C•N) VICINITY MAP to Commercial Professional(C-P) a�` Proposed Comprehensive Plan and Zone NOTE: MAP IS NOT TO SCALE N change from Commercial Professional(C-P) to Neighborhood Commercial(C-N) cNsmCWrLp OOR6/8 3 - REQUEST FOR COMMENTS RECEIVED Ai • PLNiv:,„..t„ ,,d CITY OF TIGARD LAND USb& 18 46P1 OREGON Scott King, Washin g ton Count y DATE: Novemer FROM: Tigard Planning Division STAFF CONTACT: Ray Valone Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CPA 95-0005/ZON 95-0007 PACIFIC CREST/PROVIDENCE REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1 .1 .2(2), 2.1 .1, 5.4, 8.1 .1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. Attached is the application/vicinity map for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: November 30, 1995. You may use the space provided below or attach a separate. letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any , questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: X We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. x Written comments provided below: Our conlaret*, a r . , 4.tedoa.- /2.r rno,,s i oP CPA- -9S'-coo z 4.,1 Zc -r/s-0G1U.3. (Please provide the following information) Name of Person Commenting: 4WD ! Phone Numb r: h yp -35-1 REQUEST FOR COMMENTS AAA, CITY OF TIGARD OREGON TO: Kim Knox. Tri-Met DATE: November 20, 1995 FROM: Tigard Planning Division STAFF CONTACT: Ray Valone Phone: (503) 639-4171 Fax: (503) 684-7297 RE: CPA 95-0005/ZON 95-0007 PACIFIC CREST/PROVIDENCE REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1 .1.2(2), 2.1.1, 5.4, 8.1.1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited , eating and drinking establishments. Attached is the application/vicinity map for your review. From information supplied by various departments and agencies and from other information available to our.staff,.a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY:. November 30,..-1995.--You may use the space provided below or attach-a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. X Written comments provided below: — ANC Co SaZV∎/Q_61 \90 YOVwJ I) 5e Mcp AX o ' 'th o\15 06t6t. C Co v'o \oca A oV *111/1.5 TAA�1t-uk 1 yvo 1NG CO(Nay Im(,or o/6011iNn ok- good dowa�lc �rc rt '�'' ke kmetx Aor.l:K - &votive a d.e 'L?cx\C.• \jz d.t�hn o� w�wla{-t� . (Please provide the following information) Name of Person Commenting: 24YY 440X Phone Number: WI -(01.110 2 1096 0 0 1,„AssionAY N ____________ 1.- Z w „Rio, ....____________.._________- ce .:.:.:.:.:.::::::::::::::::::::::, RD S 04, � •.:.....:.:.:.:.:.:.:.:.:.:.:.:.:.: � :.:::::::::.:.:.:.:.:.:.:::.:.:.:::: a. .. . ... ., •. , ...:. :.: o T lab I- " ih. o IT • Z . wirwiii,VI Ir • Z : "" v- in ..,i 1 ' 4/ S*arRING • alr 11iDO o • Cl id O Ai 1■ 4 A , DR Ct AM. -__ k90/ 014S) -.4 El i 0. Ilr# 4°o0 IL= 1— lith CTS_ 11.L O s "0 I ' ll ' ' ' ' ' ' >- I . U ::::la::::: Proposed Comprehensive Plan and Zone A change from Neighborhood Commercial(C-N) VICINITY MAP to Commercial Proteccional(G-P) ` Proposed Comprehensive Plan and Zone NOTE: MAP IS NOT TO SCALE N \ change from Commercial Professional(C-P) to Neighborhood Commercial(C-N) c.VsmDVCIApi J J1.IbS s J REQUEST FOR COMMENTS - A, CITY OF TIGARD OREGON TO: Larry Conrad, City of Beaverton . DATE: November 20, 1995 FROM: , , Tigard. Planning Division. • • ,STAFF,CONTACT: Ray•Valone.. Phone: (503) 639-4171 Fax: (503) 684=7297 RE: CPA 95-0005/ZON 95-0007 PACIFIC CREST/PROVIDENCE REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located. on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1 .2(2), 2.1.1, 5.4, 8.1.1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. Attached is the application/vicinity map for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: November 30, 1995. You may use the.space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: ) We/ have reviewed the proposal and have no objections to it. WiE D _ Please contact of our office. CITY OF (?E/aYcRTON Please refer to the enclosed letter. Written comments provided below: Nov.21 comuriLi Loc.r6. srv...+t (Please provide the following information) ) Ilk Name of Person Commenting: `'� Y"�` Le' c4 h'vs g Phone Number: 5 Z.6 — 2.(4 7--cf t . PROPOSAL DESCRIPTIOIP CITY OF TIGARD OREGON FILE NO: CPA 95-0005/ZON 95-0007 FILE TITLE: PACIFIC CREST/PROVIDENCE APPLICANT: Pacific Crest Partners Providence,Health System OWNERS: Same 911 Oak Street 4805 NE Glisan Street Hood River, OR 97031 Portland, OR 97213 REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 5.4, 8.1.1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P(Professional/Administrative Office)allows for business support services,communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. CIT: • West CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY STAFF DECISION X PLANNING COMMISSION DATE OF HEARING: 12/18/95 TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 X CITY COUNCIL DATE OF HEARING: 1/23/96 TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP _ LANDSCAPING PLAN X NARRATIVE ARCHITECTURAL PLAN X SITE PLAN OTHER STAFF CONTACT: Ray Valone (503) 639-4171 x336 411 tA!! ,, �, ,,,� CITY OF TIGARD, OREGON COMPREHENSIVE PLAN AMENDMENT/ZONE CHANGE/ZONE ORDINANCE AMENDMENT APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY CASE NO. CFA Q/S- croe OTHER CASE NO " 'S: S "c-c3-1:) RECEIPT NO. APPLICATION ACCEPTED BY: DATE: /C) -305V- 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION SW & SE corners of S4'1 Scholls yA) Application form (1) Ferry Rd. & SW North Dakota St. [ ,/(B) Owner's signature/written TAX MAP AND TAX LOT NO. Parcels 1 & 3 of NLJP 94-0013, authorization WCTrf 1S1, 33AD; & tax lot 401, ,1CTM 1S1, 34BC I ____(C) Applicant's statement SITE SIZE parcels 1 & 3 = 47,873 sq.ft; T.L 401 = 1 ac. (pre-app check list) PROPERTY OWNER/DEED HOLDER* Pacific Crest Partners (par- ,/(D) Filing fee 727 ) cels 1 & 3); Providence Health system, t.lot 401 ADDRESS see attached PHONE see attached Additional information for Compre- CITY ZIP sive Plan Map Amendments/Zone Changes APPLICANT* same as above ✓-(E) Maps indicating property ADDRESS PHONE location (pre-app check list) CITY ZIP (F) List of property owners and *When the owner and the applicant are different addresses within 250 feet (1) people, the applicant must be the purchaser of record v (G) Assessor' s Map (1) or a leasee in possession with written authorization ;/(H) Title transfer instrument (1) - from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: ( I' ( 4I lc PA 2. PROPOSAL SUMMARY The owners of record of the subject property FINAL DECISION DEADLINE: PP request a Comprehensive Plan Amendment (if COMP. PLAN/ZONE. DESIGNATION: • applicable) from C-P & C-N to C-N & C-P and a Zone Change from C-P & C-N to C-N & C-P N.P.O. Number: OR The applicant requests an amendment- to the Planning Commission Approval Date: following sections of the Comprehensive Plan or Community Development Code City Council Approval Date: O737P/23P Rev'd: 5/87 •cific. Crest Partners 5111 386 9375 P. 02• OCT-24-95 TUE 05 :23 PM EDWARD DANA MURPHY 1 500 96e 1674 P. 02 3. Ltat any variance, conditional uses , or other land use actions to be considered as part of this application: None 4. Applicants: To have a complete application you will need to submit attachments described in the attached information aheet at the time you submit this application. 5. THE APPLICANT(S), SUALL CERTIFY TAT: A. 'She above request does not violate any deed restrictions that may be attached to or impo*ed upon the subject. property. A. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith. are true; And the applicants ' so acknowledge that any permit issued, based on this application, iay be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and underscands the requirements for approving or denying the application. DATED this 2•414 day of ( rtoe3 1Z 1915 SIGNATURES of each owner (eg. husband and Wife) of the subject property, (KSL pn/0737F) - '10-30-1995 08:29AM FRO•MC TO • 99681674 P.03 3. List any variance, conditional uses, or othet land use actions to be considered ass port of this application: None 4. Applicants: To have a complete application you will need to submit attachments dew:ribed in the attached information street at the time you submit this application. S. TEL Ak;PLICANT(S), SMALL CERTIFY TEAT: A. The abov_____f_ssiittaA2Fs not violate any deed restrictions that may - be attached to or i yuesd upon the subject property. R. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and ].imitatione of the approval. • C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants - o acknowledge that any permit issued, based on this application, may be revoked if it is found that atay such Statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this 7C7 day of SIGbtATUR$S of each owner (eg. husband and wife) of the subject property. (1tSL:pm/0737p) PAIlfic Crest Partners 50306 9375 P. 02 " ER f After recording return to: Pacific Crest Partners Scholls, L.L.C. 911 Oak Street • Hood River, Oregon . 97031 Until a change is requested all tax statements shall be sent to the following address. Pacific Crest Partners Scholls, L.L.G. 911 Oak Street Title Order No. Hood River, Oregon 97031 Escrow No, 94160153 STATUTORY WARRANTY DEED Lee Reed Cunningham, Grantor, conveys and warrants to Pacific Crest Partners Scholls, L.L.C. , Grantee, the following described' real property free of liens and encumbrances, except as specifically set forth herein; SEE EXHIBIT"A" ATTACHED HERETO FOR LEGAL DESCRIPTION This property is free of liens and encumbrances, EXCEPT: Statutory Powers and Assessments of Unified Sewerage Agency; rights of the public in and to that portion of the premises herein described lying within the limits of roads, streets or highways; easement for vehicular ingress and O egress recorded in Fee No. 85027461; relinquishment of access as disclosed by document recorded as Fee No. 92061303; easement for slope and the maintenance thereof recorded in Fee No. E . 92061303 a THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS .° t" INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND 0 ? REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE m PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY •V 6 APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST 'r z FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is $624,555.00 Paid to an Accommodator Pursuant to ��� an 'RC 1031 Exchange (Here comply with the requirements of ORS 93.030) D ted this 16th of November, 1994. _ nom,. . _ �..nr;,,•....-.......-,..,.+..-......-...-..:.... ndr LEE REED UN I AM �r w ; , `� ►'a.c>c� �L: 1.`V-1 STATE OF OREGON County of Multnomah } SS: This instrument was acknowledged before me on 16th day of November , 1994, by Lee Reed Cunningham .1661 s AON 8 1d NOISSlWWOO AV Notary Public for Oregon >rss+3zo'ONNOI$SMI OO • �� My Commission Expires 11/03/97 NO03HO•0118nd AMON � konV%1'3 Nt1fYr1 Ai ,Y391VI0IWWO • OFFICIAL SEAL MAUREEN E.RAUCH NOTARY PUBLIC-OREGON COMM'S5IO NO.O29354 MY COMMISSION exeine5 NOV.3,1997 •oifio Crest Partners 5386 9375 P. 03 ' . . NOV 14 '94 0Z:58PM FIRST—QM-RICAN P-5 - Order No 766627 • EXHIBIT 'A` All of that certain tract of real property situated in Section 33. Township 1 South, Range 1 West of the Willamette Meridian. in the City of Tigard, County of Washington and State of Oregon, bounded and described as follows, to-wit: Beginning at an Iron pipe 869 feet North and 20 feet West of the one-quarter corner between Sections 33 and 34,Township 1 South, Range 1 West;thence West 240 feet to an iron pipe;thence North parallel with the Bast line of said Section 33, a distance of 239.25 feet to an iron pipe in the South line of the Scholls Ferry County Road No.348;thence North 79° East along the South line of said Scholia Ferry Road, 244.50 feet to an iron pipe; thence South along the West side of that certain road which is mentioned in the deed from J.D. Hite and wife to Frank C. Hausafus and recorded in Book'U', page 338, Records of Washington County, Oregon,and in 20 feet West of and parallel with the East line of said Section 33,a distance of 285,8 feet to the place of beginning. EXCEPT that portion thereof acquired by the State of Oregon, by and through its Department of Transportation,under judgment entered in Suit No.C 80-1007CV In the Circuit Court for Washington County, a copy of which was recorded September 3. 1992 as Fee No. 92061303. • • • • .S OURPHY & ASSOCIAT• • Land Planning and Development Consulting Services October 30, 1995 Dick Bewersdorff, Senior Planner City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 0 RE: Application for Comprehensive Plan and Zone Change Dear Dick: • Enclosed please find a joint application for a Comprehensive Plan Change and Zone Change, being jointly submitted by Pacific Crest Partners and Providence Health System, along with the application fee. The only thing missing at this time, as far as I know, is a copy of the deed to the property owned by Providence Health System, i.e. the property on which is located the St. Vincent's Medical Clinic. Kenneth Zinsli, the Regional Facilities Director, .indicates that they will continue to search for it, but so far have not been able to locate it. I am hopeful that you will allow your staff to at least begin to process the application while they continue to search. In fact, given the fact that the application is signed by Kenneth Zinsli on behalf of Providence Health System, you may determine that the City does not need to actually see a copy of the deed. If so, let me know, and.I can tell Mr. Zinsli that he can stop the search. Please direct all calls, letters and reports regarding this application to me, and I will coordinate with both applicants. With that, we respectfully request that the application be reviewed by the staff and submitted to the Planning Commission and City Council for their review and decision at the earliest opportunity. Sin rely, Ed Murphy cc. Dan Boyden Kenneth Zinsli 9875 SW Murdock Street, Tigard, Oregon 97224 ■Phone 503/639-5361 ■ Cellular 503/314-0677 ■Fax 503/968-1674 OCT-30-95 MON 05 :21 PM EDWARD & DANA MURPHY 1 503 968 1674 P. 01 • . +ED MURPHY & ASSOCIATES Land Planning and Development Consulting Services FAX TRANSMITTAL MEMO TO: City of Tigard, Community Development Dept. Fax Number: 684-7297 DATE 10/30/95 ATM Dick Bewersdorff RE: CPA95-0005 St ZON95-0007 MES SAGE: I just filed an application on behalf of Dan Boyden and Kenneth Zinsli for a CPA/ZC. My cover letter said I did not have a copy of the title to the property owned by Providence Health System. This is to let you know that I have it now, and am enclosing a copy with this fax. Please let me know if this copies clearly enough through the fax machines. If not, I will bring in the best copy I can make. Also, I can save the application report in WP 3.0 or Word 5.l and bring in a disc, if that is helpful to whoever is writing the staff report. Might save some re-typing, to the extent any of it would be repeated. Glwarei 69 Murphy Ed Murphy • *PLEASE NOTIFY ME IMMEDIATELY IF ENTIRE TRANSMISSION IS NOT RECEIVED OR IF THE QUALITY IS POOR*** page.of a 9875 SW Murdock Street, Tigard, Oregon 97224 N Phone (503) 639-5361 1 Cellular (503) 314-0677 1111 Fax (503) 968-1674 OCT-30-95 MON 05 :22 PM EDWARD & DANA MURPHY 1 503 968 1674 P. 02 • • le— o-1993 02:!:9PM FROM PMC TO 99691674 P.02 WARRANTY DEED 8TATV3.08Y FO' `� .wOw.O.QMMTOR t BETHANY ASSOCIATES, LTD. , an Oregon limited partnership Grantor. SYSTERS OP novibmsla IN bRE6oN t---dba tT VINCENT `reS° 4 'v to DICAL CENTER, an Oregon nonprofit .Mart .b1e corporation Grantee, the following described teal property free of encumbrances ' except as specifically set forth herein situated in...............W.ashington County, Oregon, to-wit: i , % 1 As Per Exhibit "A" Attached Hereto and By Reference Made a Part Hereof. �' :�" Z WASHINGTON iOup ry Wit , r 6O '` :�:S„ �• gt,AL, moP tTY TR/IAI/FFR ►-,• N.o , co.. FEZ PAID ;ATE, ta IIF SPACE INSUFFICdfNT, CONTINUE DESCRIPTION ON REVERSE SIDe) The said property is free from encumbrances except The true consideration for this conveyance is 31e .- .SOD. (Here comply with the requirements of ORS 93.030) Dated this......5, day of..Septer b.er .19..81 BETHANY ASSOCIATES, LTD. , an Oregon THIS INSTRUMENT WIt>. NOT ALLOW USE OF THE PROPERTY DE- 'ar n�--shi.p_ _� SCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND j' r . USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING .3X.;. ......_if THIS INSTRUMENT. THE ?ERSON ACQUIRING FEd TITLE TO THE / ~� PROPERTY SHOULD CHECK WITH TM AP OPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO V PR V USES. , STATE ON$T61II1dO a'Cpunty of -) !rest me before me on 1• ',..._... t4 ..:3- r- er (SE`AL) •. •'�v a Notary Public r regon My commission expires s 1! ..• . SIMEgAFTY DEED ..B.Eatban.y.._As'ioc .ates. Ltd..._..._..... STATE OF OREGON, .$1 ters__of._P.rQY.idence.r••.aadTOR $S. ..S•t._.Vincant...33Gs i ..; ca".. " e County of x certify that the within instru- . GRANTEE'S AD• ss ment was received for record on the After recording return to: ..........day of ,19 , .5.t...•..V.i.tiCtant..Hnspital.. s u so at o'clock M.,and recorded ..92115....SW...-RarnPS.,..RaCtaxi...__. _. FOR in book/reel/volume No on F.O,rt.2and- III__.._9.7.225.__....._....._, RECOanE>:•s uss Page or as fee/file/instru- ment/microfilm/reception No , NANR.ADDRESS.ZIP Record of Deeds of said county. WW1 a cAange is rpwatad,all tax statensenta Witness my hand and seal of shot!be sent ro Dle tefowine Oddre s, County affixed. t..s.».,X XIC0_1.1ti.. Q.P.i.t a.1....._...__............... ..... 4 Qr f land. wah a TITLE Atti. Gi V an_Relt_._........__... _ By Deputy ADDRESS.ZIP r ... --- • OCT-30-95 MOH 05:22 PM EDWARD & DANA MURPHY 1 503 968 1674 P. OM iTO 99681574 P.03 • 10-30--1995 03:00Ph1 FROM PMC Title Number: 26-A...,762H �- EXHIBIT "A" A tract of land situated in the Northwest one-quarter, Section 34 , Township 1. South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington' and State of Oregon, being more particularly described as follows: COMMENCING at the West one-quarter corner of Section 34 ; thence, along the West line of said Section 34, North 0"10'423" West, 634 .36 feet ; thence, North 89°52'27" East, 35.00 feet to a point on the East right- of-way of S.W. North Dakota St. and the true point of beginning; thence, along the said East right-of-way the following courses, North 0°10'49" West, 367,74 feet; thence, North 5°31'50" East, 65.32 feet ; thence, North 0°10'48" West, 75.93 feet to a point 50.00 feet from, when measured at right angles to, the centerline of S.W. Scholls Perry Road; thence, parallel with and 50.00 feetfrom the said centerline, North 84°21' 19" East, 21.91 feet; thence, North 5°38'11" West, 20.00 feet to a point 30.00feet from, when measured at right angles to, the said centerline; thence, parallel with and 30.00 feet from the said centerline, North 84°21'49" East, 420.26 feet to the Northwest corner of that tract of land conveyed to Portland Fixture Company, described in lee No. 78-9703, Washington County Deed Records; thence, along the West line of said Portland Fixture Company Tract, South 0°05' 42" East, 571.04 feet to the Southwest corner thereof; thence, along the Westerly projection of the South line of the said Portland Fixture Company Tract, South 89°52'27" West, 443.92 feet to the true point of beginning. STATE OF OREGON County of Washington ss I, Donald W.Mason,Ofreetor of Assessment and Taxation and Ex-Officio Recorder of Con. veYendes for said County, do hereby certify that the within instn rntont of writing was redelved and recorded In book of*Ards of said county, Donald W. Mason. Director or Assessment and Taxation, Ex- Officio County Clerk 11:2.4 1981 SEP -3 RM 11: 26 j.l • APPLICATION FOR COMPREHENSIVE PLAN AND ZONE CHANGE A JOINT APPLICATION OF PACIFIC CREST PARTNERS AND PROVIDENCE HEALTH SYSTEM SUBMITTED TO THE CITY OF TIGARD OCTOBER 30, 1995 COMPLETED BY ED MURPHY, AICP ED MURPHY & ASSOCIATES I. GENERAL INFORMATION A. Applicants: Pacific Crest Partners Providence Health System 911 Oak Street 4805 N.E. Glisan Street Hood River, OR 97031 Portland, OR 97213-2967 386-6333 230-6184 Contact: Daniel J. Boyden Contact: Kenneth R. Zinsli B. Owners: Same C. Representative: Ed Murphy & Associates 9875 SW Murdock St. Tigard, OR 97224 639-5361 Contact: Ed Murphy D. General Location Southeast and southwest quadrants of the intersection of SW Scholls Ferry Road and SW North Dakota Street. • II. INTRODUCTION A. Summary of Proposal The proposal is to amend the Comprehensive Plan and zoning map designation on the southwest quadrant of the intersection of Scholls Ferry and North Dakota streets from Corn mercial-Professional (C-P) to Commercial-Neighborhood (C-N), and likewise, amend the Comprehensive Plan and zoning map designation of the southeast quadrant of the same intersection from Commercial- Neighborhood (C-N) to Commercial-Professional (C-P). More specifically, the request is to amend the Plan and Zoning designation on Parcels 1 and 3 of MLP 94-0013, formerly part of WCTM 1S1 33AD, tax lot 2400 from C-P to C-N; and to amend the Plan and Zoning designation on WCTM 1S1, 34BC, tax lot 401, from C-N to C-P. The net result would be that the amount of existing building space zoned "commercial-neighborhood" at this intersection would stay approximately the same at 12,000 square feet. 1 EJM:Pac Crest/CPA&ZC/5thdraft/Oct. 26, 1995 • . • The reasons for making such a change are: a. to fulfill the original purpose of the Comprehensive Plan and zoning designation; b. to correct a mistake made on the zoning map; c. to reflect changes in physical circumstances since the original designation; d. to allow the building owner more flexibility to locate retail, as well as office related, tenants within the new building on Parcel 3. Ill. BACKGROUND A. Vicinity On the SW quadrant of the intersection, Key Bank is located on Parcel 1 of MLP 94- 0013, and a new building is being constructed on Parcel 3. Adjacent to them both is parcel 2, on which a veterinary service called "Animal Hospital" is located. To the south of the newly constructed building is Kinder Care, and then south of Kinder Care, as well as to the west of the subject property, is the Summerlake subdivision. To the north of Parcel 1 is single family residential development within the City of Beaverton. On the SE quadrant of the intersection, the St. Vincent's Medical Clinic is located on tax lot 401. To the south of the clinic is a vacant parcel zoned Commercial- Professional, and south of that parcel in a multi-unit development called Meadow Creek Apartments. To the west of the Clinic is MacDonald's restaurant and an Oil Can Henry's, and to the west of those uses in the Greenway Town Center shopping plaza. To the north of the Clinic, in the City of Beaverton, is a U.S. Bank, surrounded by residential development. B. Previous actions 1. Southeast quadrant: A portion of the property on which the medical clinic sits (WCTM 1S1, 34BC, tax lot 401) received its current zoning designation of C-N in November of 1986, via City Council adopted ordinance #86-58. The original parcel was 5.4 acres. Prior to November 1986 it was all zoned C-P. The request was to redesignate 3.9 acres to C-G and leave 1 .5 acres C-P. Instead, the City Council designated 2.9 acres C-G, left 1.5 acres zoned C-P, and designated 1.0 acre as C-N. The C-N zone was placed in the SE quadrant of the intersection of SW Scholls Ferry 2 EJM:Pac CrestJCPA&ZCAthdraft/Oct. 26, 1995 4 \• Road and SW North Dakota Street, with the C-P just south of that zone, and the C-G along the east side. (See attached map, Exhibit 'A'). Since the zone change in 1986, the St. Vincent's Medical Clinic has been built, as has a MacDonald's restaurant and an Oil Can Henry's. The remaining vacant land is zoned C-P. The medical clinic "straddles" the zone line, utilizing approximately two acres, including the one acre of C-N zoning. The medical clinic building is approximately 24,000 square feet (using the figure off of the site plan, SDR 88-05) Or, using the total building square footage figure received from Kenneth Zinsli , 19,793 square feet. Since approximately half of the building is within the C-N zone, and half within the C-P zone, approximately 9896 - 12,000 square feet of the building is in the C-N zone, and the other half in the C-P zone. 2. Southwest quadrant. Parcels 1 and 3 were created by MLP 94-0013, approved in August of 1994. Parcel 1 is 31 ,055 square feet, and is now developed as a Key Bank. Parcel 2 is 9223 square feet, and is now developed as a building with a veterinary clinic as the tenant. Parcel 3 is 16,818 square feet, and is now developed as.a building, but without tenants to date. Parcels 1 and 3 together total 47,873 square feet. The building on Parcels 1 = 3840 sq. ft. The building on Parcel 3 = 8415 square feet. The gross building area on the two parcels combined is 12,255 square feet (3840 + 8415 = 12,255). Applications for zone changes on this property (originally tax lot 2400 of WCTM 1S1 33AD) to either General Commercial (G-C) or Neighborhood Commercial (N-C) have been made in the past. Some have been considered by the Planning Commission and City Council; others have been withdrawn before final City Council action. The most recent attempt was made by the current owner of parcels 1 and 3, Pacific Crest Partners, in an application for a zone change to General Commercial (G-C) dated April 6, 1995. The City Council denied this request after a public hearing on July 11, 1995. At that time, the Planning Commissioners expressed a discomfort at opening up Parcel 3 to all types of uses allowed under the C-G zone; thought that some uses, such as restaurants, should only be allowed only as conditional uses in the C-N zone (which, incidentally, they already are - however, they are allowed as of right in the C-P zone); and suggested that the siting criteria for C-N be reevaluated to consider allowing the C-N zoning designation at more than one quadrant of the intersection. 3 EJM:Pac Crest/CPA&ZG5thdraft/Oct. 26, 1995 • 1• • C. Difference in this application. The current application is substantially different than previous applications for the following reasons: 1. The request is for a Neighborhood Commercial zone, not a General Commercial zone. 2. There are two applicants, and three separate parcels involved. Since a C-N zone is only allowed in one quadrant of an intersection, and since the medical clinic does not "need" a C-N zone, the C-N zone would be "re-located" across the street where it can be utilized for its original purpose. 3. The request does not carry with it a specific tenant, such as a "Hollywood Video". The uses would be established by the C-N zone, which limits any one use to 4000 square feet. IV. ADHERENCE TO COMPREHENSIVE PLAN POLICIES A. Policy 1.1.2. Implementation Strateay 2. 1 . A mistake was made in the original land use designation. The current zoning map is in error. Ordinance 86-58, passed by the City Council in November 24, 1986 in conjunction with application number CPA 10-862C 18-86 designated 1.0 acre as C-N. The current zoning map appears to show all of tax lot 401, 1.99 acres, as C-N. The medical clinic itself is built on a site approximately 2.0 acres in size, with approximately half of the site zoned C-N and the other half zoned C-P. This appears to be a simple cartographic error. Most likely the staff person followed the property line when drafting the new zoning map, not realizing that the zone line did not follow the property line. 2. A change of physical circumstances has occurred since the original designation a. One change in the physical circumstances that has occurred since the.original- designation is that the medical clinic was built on the one acre parcel zoned Commercial-Neighborhood, when the intent at the time it was designated with the C- N zone was clearly that the uses on that one acre be more commercial uses, rather than professional office uses. Although it could not have been foreseen at the time, the change to C-N by the City Council in 1986 was not necessary to accommodate 4 EJM:Pac Crest/CPA&ZC/5thdraft/Oct. 26, 1995 Alk the ultimate use. The property could have been developed into medical offices under the original C-P designation. (If that had been done, the C-N zone would have been "available" for a different quadrant of the intersection). It appears from the record that the applicants at the time, as well as the City Council, expected the clinic to be built on the 2.9 acres, and pedestrian accessible, neighborhood commercial uses to be built on the 1.0 acre of C-N zoning. That conclusion is based upon the following: In their application for a rezoning of tax lot 401 in 1985, the applicants proposed: 1). A Gas Station/Auto Service Center = 1.0 acres 2). A Neighborhood Oriented Medical/Dental or Small Professional Space Office Building - 1 or 2 stories - 20,000 to 28,000 square feet = 1.5 acres 3). A Neighborhood Retail Center - physically connected to the Greenway Center with pedestrian walkways - physically connected to the Meadowcreek apartments with pedestrian walkways - approximately 40,000 square feet = 2.9 acres Total = 5.4 acres The concept plan was "designed to maximize pedestrian access to the site, particularly from the Meadow Creek project, but also from the housing to be built across SW North Dakota", according to the applicant's proposal. In addition, the proposal stated: "The medical/dental/professional office portion of the plan can be built in the present CP zone so no change is necessary". (Italics added). The 1.5 acre portion of tax lot '401' south of what ended up to be the one acre C-N zone was originally planned for the office building, where it would have been allowed under the C-P zoning. At that time, a BP Service Station was proposed for the corner 1 .0 acre, and a "neighborhood retail center" proposed for the remaining 2.9 acres. As it turned out, the City Council zoned the corner 1.0 acre for Commercial- Neighborhood (gas stations are not allowed in the C-N zone);. left the 2.9 acres of C-P, as was proposed by the applicants; and zoned the remaining 2.9 acres C-G. 5 EJM:Pac Crest/CPA&ZC/5thdraft/Oct. 26, 1995 Ordinance 86-58, which changed the zoning, states that "the scale of the project should be limited so as to result in commercial development which is most beneficial to and compatible with nearby residential neighborhoods". Subsequently, a MacDonald's and Oil Can Henry's was built on the portion zoned C-G; the St. Vincent's medical clinic was built on the C-N portion (as well as a portion of the C-P). And the remaining vacant parcel remains zoned C-P. The projects did not turn out to be "designed to maximize pedestrian access to the site, particularly from the Meadow Creek project". There is actually a fence constructed between Meadow Creek and the commercial/office development, plus the uses themselves are very auto oriented. Further, MacDonald's and Oil Can Henry's draw from outside of the limited trade area or neighborhood, as does the medical clinic. (The medical clinic, in fact, has a more regional trade area because of the specialists located in this facility). In addition to the development of tax lot '401' being different than what was anticipated at the time, the medical clinic, by itself, does not entirely fulfill the purpose of the C-N zone. The purpose of the C-N zone, as stated in Section 18.60.010, is to: "...provide convenience goods and services within a cluster of stores. Convenience goods are goods which are bought frequently. at least weekly, and for which people do not engage in comparison shopping. The uses permitted in the neighborhood center include convenience markets, beauty shops, barber shops, and repair shops. The range of uses is limited to those uses which can be sustained by a limited trade area." (Underlining added). Although medical offices are complimentary to convenience goods and services uses, medical offices by themselves do not provide that variety of stores providing goods and services to a neighborhood, as is intended by the C-N zone. What all of this means is that the expectations of the zone change in 1986 were never fulfilled, and the neighborhood commercial uses intended by the C-N zoning designation were never developed. This represents a change in physical circumstances since the original designation was made. 6 EJM:Pac Crest/CPA&ZC/5thdraft/Oct. 26, 1995 CI • b. "Commercial-like" development has occurred on Parcel 1. Similar to the fact that offices have been built in the C-N zone, on the other side of SW North Dakota, in the C-P zone, a bank has been built. Again, although this is an allowed use in the C- P zone, a bank with a drive-up window seems more "commercial" than a medical office. It provides a more retail or commercial appearance than do most other types of uses allowed in the C-P zone. In addition, the ne.w building just being completed on Parcel 3, while designed for either office or retail type of uses, is more "commercial" or "retail" in appearance than it is "office". If someone was guessing, therefore, which of the two intersection quadrants was zoned for offices, and which was zoned for neighborhood commercial, obviously they would guess that the medical clinic was zoned for offices, and that the bank and newly completed building were zoned for neighborhood commercial. This also represents a change in physical circumstances since the original designation was made. c. Additional street improvements have been constructed in the area. A third change in circumstances since the original designation in 1986 is that additional street improvements have been made to the area. The widening of SW Scholls Ferry Road, and the traffic calming devices installed in SW North Dakota, both improve the traffic flow in the area,.and discourage the use of SW North Dakota as a "cut-through" street. In addition, a traffic signal has been installed at SW North . Dakota and SW Scholls Ferry, making it easier to get in and out of the Medical Clinic as well as the commercial/office center. With the signal installed at this intersection, in fact, it is more accessible to traffic on Scholls Ferry than other commercial uses along SW Scholls Ferry Road. That safe and conveniant accessiblity makes this site attractive to potential retail tenants. 3. The change is consistent with applicable plan policies. a. Policy 2.1.1 states that "the city shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process". This policy is satisfied because the surrounding property owners, as well as members of the west Citizen Involvement Team, were given notice of a neighborhood meeting related to the proposal, and will be noticed of the public hearings before the 7 EJM:Pac Crest/CPA&ZG5thdraft/Oct. 26, 1995 Planning Commission and City Council. The notice was sent to property owners within 250 feet of tax lot 401, as well as parcels 1,2 and 3 of what was previously tax lot 2400. A neighborhood meeting was held on October 19, 1995 at Godfather's Pizza in the Greenway Town Center shopping plaza on SW Scholls Ferry. One person came to the meeting, and he lived outside of the immediate neighborhood. He was neither opposed or supportive of the zone change, but came as an interested citizen to get more information. No telephone calls or letters from the neighborhood or from the Summerlake Neighborhood Association were received regarding this particular application. In a previous application, however, the Summerlake Neighborhood Association voted overwhelmingly in support of the zone change from C-P to C-G, when the proposal was for a Hollywood Video store as the major tenant of the building on Parcel 3). b. Policy 5.4 states that "the City shall ensure that new commercial and industrial developments shall not encroach into residential areas that have not be proposed for redesignation to commercial or industrial uses." The parcels proposed for redesignation are currently zoned C-P and C-N, both commercial designations. The building on Parcel 3, in particular, is backed up to a day care center, which acts as an additional buffer between the building and any homes. This policy is satisfied because there is no encroachment of new • commercial development into residential areas. c. Policy 8.1.1 that "the City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development." In an earlier application (CPA 95-0002/Zone Change ZON 95-0003), the applicant submitted a traffic analysis completed by McKenzieEngineeing Inc., dated June 5, 1995, which concluded that the proposed zoning (at that time, a C-G zone) would not burden the transportation system any more than the existing zoning. In fact, it states: "Our previous trip generation comparison indicated that under worst case scenarios, the existing zoning would actually generate more trips than the proposed zoning". 8 EJM:Pac Crest/CPA&ZG5thdraft/Oct. 26, 1995 • The current application is for Commercial-Neighborhood, but it is for both Parcel 1 and Parcel 3. No specific uses are identified for parcel 3. Parcel 1 is already developed as a bank, and is under a long term lease with the owner of the property. The traffic study completed previously was part of Pacific Crest Partner's application for a Plan and Zone change to C-G on Parcel 3.. Since the previous traffic study reviewed the impact of a "worse case" situation under a C-G zone, the results should suffix for a lesser intense zone. At this time, a video store is not proposed, although one might ultimately become a tenant. (Any use, however, would be limited to 4000 square feet, unless otherwise approved through the variance process). It should be noted that up to 20%of the total floor area of the complex is allowed to be retail within the C-P zone, which is 3166 square feet. So the zone change to C-N would only affect the remaining 5249 square feet of building space. (8415-3166 = 5249). In a letter dated June 8, 1995 to Ray Volone from Scott King, Senior Planner at Washington County, Scott said: " Assuming the reasonable worst case development scenarios are an accurate reflection of allowed land uses for the site, the County finds that the proposed plan amendment will not have a significant effect on the planned County transportation system. Year 2005 deficiencies in this area are due to effects of traffic growth based on the current land use system. The analysis shows that this proposal will not make the planned system any worse than it would be with no plan amendment. Therefore, the county has not objections to this plan amendment request". 'Also, in a letter dated May 25, 1995 to Scott King from Brent Ahrend, traffic analyst with McKenzie Engineering Incorporated, he states: "Based upon the estimated trip generation rates..., the proposed zone change would not impact the PM peak hour trips". The "worst case" scenario developed by staff based on the site plan and parking limitations included a 5600 square feet video store and a 2800 square foot convenience store. As for Parcel 1, one could perform a "worse case" traffic scenario based on the bank - at 3840 square feet - eventually converting to the most intense commercial use allowed in the C-N zone. However, to be fair, that analysis would also have to consider a "worst-case" scenario of the approximately 19,700 square feet of building space zoned C-N and C-P intensifying to the most intense uses allowed in those 9 EJM:Pac Crest/CPA&ZG5thdraft/Oct. 26, 1995 • zones. (Or at least consider the approximately 9896 - 12,000 square feet zoned C-N intensified, compared to the 3840 square feet of bank space). That analysis would obviously show the least impact from the conversion of the bank, rather than the medical clinic, or even the portion of the medical clinic zoned C-N. Improvements to the street have already been made by the developer as a condition of approval of SDR 94-0014, including a half-street improvement and the restriping of the northbound left turn land on SW North Dakota. The driveway into the site has been designed to allow cars exiting the site to turn right (southbound on SW North Dakota Street) while other cars are waiting to turn left to cross or turn onto SW Scholls Ferry Road. To the extent that northbound traffic at the intersection queues up past the driveway, additional stacking is provided on site without interfering with cars exiting the site southbound. In addition, the developer plans to install signs at the exit of the parking lotion SW North Dakota warning drivers to watch for pedestrians. More importantly, the ability to locate convenience retail uses within the existing building on Parcel 3, such as convenience markets, beauty shops, barber shops, postal services, repair services, dry-cleaners, stationary or book stores, and perhaps some small eating and drinking establishments (i.e coffee, yogurt or ice-cream types of uses) may help reduce trips by motor vehicles for these types of goods and services, and may reduce the length of trips. 4. For the proposed change from C-P to C-N on Parcels 1 & 3 in the southwest quadrant of the intersection. Policy 12.2.1. provides the locational criteria for designating land as Commercial Neighborhood (C-N) on the zone Plan map. (1) Spacing and Location (a) The service area radius for a neighborhood commercial center shall be at least one-half of a mile. The service area radius will depend on the types of tenants who ultimately locate in the building, but it is expected that they will draw from the local trade area. There is no other N-C zoning within one-half mile. There is C-G zoning within one-half mile • (The Greenway Town Center Shopping Plaza, and the MacDonald's and Oil Can Henry's sites), which services a larger trade area. 10 FJM:Pac Crest/CPA&ZG5thdraft/Oct. 26, 1995 • . • - . • (b) Commercial development shall be limited to one quadrant of a street intersection or where there is no street intersection, to one side of the street. With the change in the zoning designation of the SE quadrant of the intersection from C-N to C-P, only one quadrant of the intersection would be designated C-N. The NE quadrant, in Beaverton, is zoned "0-C" Office; the NW quadrant is zoned R- 7, Single Family Residential; and the SE quadrant would be zoned C-P, Commercial-Professional. Therefore, this criteria is met. (2). Access (a). The proposed center or expansion of an existing center shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on the street capacity, existing and projected traffic volumes, the speed limit, number of turning movements and the traffic generating characteristics of the most intensive use allowed in the zone. The traffic impacts were reviewed as part of the medical clinic's site plan (SDR 88- 05), and with the previously submitted zone change proposal for a C-G designation on Parcel 1 (CPA 95-0002). The analysis for the proposed C-G Plan and Zone Change, even under the 'worst case" scenario, showed that the change of Parcel 1 to C-G would have no significant impact. The current proposal is, first of all, for a less intense zone than the previous application (C-N instead of C-G); and secondly, it proposes to amend the current Plan and Zone designation on the medical clinic site from C-N to C-P, reducing the long range potential of that building intensifying to commercial uses in the future. Given these two factors, the traffic impact resulting from the proposed zone change is negligible, at worst. At best, allowing a mix of retail and office at this site will encourage shorter trips as well as more trips by alternative modes of transportation from the surrounding neighborhood, which is one of the purposes of creating a C-N zone. Since the medical clinic is not providing these convenience services to the neighborhood, providing them on this site will have a positive affect on traffic. (As a side note, having convenience services across the street from St. Vinent's medical clinic will also serve the needs of the visitors to the clinic itself, without them having to drive to other sites). Therefore, this criterion is met. 11 EJM:Pac Crest/CPA&ZG5thdraft/Oct. 26, 1995 (b.) The site shall have direct access from one of the following: (i) An arterial; The site does not have direct access from SW Scholls Ferry, but is located just off of SW Scholls Ferry. Direct access onto SW Scholls Ferry was prohibited by Washington County when Parcel 1 developed. Therefore, this criterion is met. (ii) or, a collector street which will not direct traffic through local neighborhood streets. SW North Dakota Street is a minor collector street. Traffic coming to and from the site will use SW North Dakota, and SW Scholls Ferry. Traffic is not directed through local neighborhood streets. Therefore, this criterion is met. (3). Site Characteristics (a) The site shall be of a size which can accommodate the present and future uses, but shall not exceed two acres. The site can,accommodate present and future uses, and is less than two acres. Parcel 1 and Parcel 3 combined equals approximately 1.1 acres. Therefore, this criterion is met. (4). Impact Assessment (a). The scale of the project shall be compatible with the surrounding uses. The buildings are already constructed. They are one story, and face towards SW Scholls or SW North Dakota. No change to the existing scale of the project is proposed. The relatively small scale of the project is compatible with the surrounding uses of commercial and medium density residential development. Therefore, this criterion is met. (b). Site configuration and characteristics, and relationship to the street system, shall be such that privacy of adjacent non- commercial uses can be maintained. The buildings are oriented towards SW Scholls Ferry and SW North Dakota. To the east across SW North Dakota is the medical office center. To the south of Parcel 1 is a day care center, a conditional use in the R-7 zone. There are no windows or public access facing south towards this residentially zoned area. Therefore, this criterion is met. 12 FJM:Pac Crest/CPA&ZG5thdraft/Oct. 26, 1995 • (c). It shall be possible to incorporate the unique feature into the site design and development plan. The site contained no unique features prior to development. The development plan has already been approved, and the buildings constructed. Therefore, this criterion is met. (d). Associated lights, noise and activities shall not interfere with adjoining non-residential uses. • Again, the development plan has already been approved, and the buildings constructed. The development will not create noise and lighting impacts to the medical office building across SW North Dakota Street or the Kinder Care center to the south. The development is also compatible with, and integral with, the development on Parcel 2, which is the veterinary hospital. Therefore, this criterion is met. 5. For the proposed change from C-N to C-P on tax lot 401 at the southeast quadrant of the intersection. Policy 12.2.1.3 "Community Professional" establishes the locational criteria for designating C-P areas. (1 ) Spacing and Location. (a) The Comprehensive Plan map fixes exact boundaries of the commercial professional area. The boundaries of the C-P designation will be set by the ordinance that amends the Comprehensive Plan map. Therefore, this criterion is met. (b) The commercial professional area is not surrounded by residential districts on more than two sides. To the west would be C-N, assuming that the map is amended as part of this application; the east is C-G, a MacDonald's and Oil Can Henry's, and adjacent further to the east, the Greenway Town Center. To the north is residential and office (the U.S. Bank building); to the south is residential, the Meadow Creek Apartments. Therefore, this criterion is met. (2). Access (a). The proposed center or expansion of an existing center shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on the street capacity, 13 EJM:Pac Crest/CPA&ZG5thdraft/Oct. 26, 1995 • existing and projected traffic volumes, the speed limit, number of turning movements and the traffic generating characteristics of the most intensive use allowed in the zone. The site is already developed with a medical center. The site plan for the center was reviewed in 1986, when the building was constructed (SDR 88.- 05). Traffic concerns were taken into account at that time. This proposed zone change from C-N to C-P will not expected to change the use of the building in the foreseeable future, and therefore will not alter the existing traffic patterns. Therefore, this criterion is met. (3). Site Characteristics (a) The site shall be of a size which can accommodate the present and projected needs. The site is already developed, and can accommodate the present needs. There are no plans for expansion of the building. Therefore, this criterion is met. (b) The site shall have high visibility. The site, and building, can clearly be seen from SW Scholls Ferry and SW North Dakota. Therefore, this criterion is met. (4). Impact assessment (a). The site configuration and characteristics shall be such that privacy of adjacent non-commercial uses can be maintained. The building is oriented towards SW Scholls Ferry and SW North Dakota. To the west across SW North Dakota is the a bank, animal hospital and office/commercial • building. To the east is a MacDonald's restaurant and an Oil Can Henry's. To the north, across Scholls Ferry, is a U.S. Bank. The only adjacent non-commercial use is the Meadow Creek Apartments to the south - and even it is separated by a vacant lot. The privacy of the apartment buildings was maintained. Therefore, this criterion is met. (b). It shall be possible to incorporate the unique feature into the site design and development plan. The site plan has already been approved and the building constructed. There were no unique features of the site. Therefore, this criterion is met. 14 FJM:Pac Crest/CPA&ZC/5thdraft/Oct. 26, 1995 ! • (c). Associated lights, noise and activities shall not interfere with adjoining non-residential uses. The site plan has already been approved and the building constructed. To the west would be C-N, assuming that the map is amended as part of this application; to the east is C-G, the MacDonald's and Oil Can Henry's, and adjacent further to the east, the Greenway Town Center. The use does not interfere with the adjoining non- residential uses, and in fact, is very complimentary to those uses. Therefore, this criterion is met. V. ADHERENCE TO DEVELOPMENT CODE A. Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the plan and zoning district map. 1 . The applicable comprehensive plan policies and map designation; and the change will not adversely affect the health, safety and welfare of the community. The applicable plan policies related to the proposal are reviewed earlier in this report. This criterion is met 2. The Statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgment of the comprehensive plan and ordinances. The Tigard Comprehensive Plan has been acknowledged; therefore, specific review of each statewide planning goal is not applicable. 3. The applicable standards of any provision of this code or other applicable implementing ordinance. Code sections 18.60 and 18.64 contain the standards for the C-N and C-P zones, respectively. The development plans for the medical office building on tax lot 401; the bank on parcel 1; and the newly constructed vacant building on parcel 3 have all been reviewed and approved by the City. The standards have been met. Therefore, this criterion is met. • 4. Evidence of a 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. 15 EJM:Pac Crest/CPA&ZG5thdraft/Oct. 26, 1995 • • This has been covered earlier in this report. There is a cartographic mistake in the current zoning map. The buildings constructed on the parcels, and the uses within those buildings, while in conformance with the zoning code, are different than what was originally anticipated. The purpose of the C-N Plan and Zoning Map designation is not being completely fulfilled. Therefore, this criterion is met. VI. TRANSPORTATION PLANNING RULE The transportation planning rule requires that "[a}mendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility." Based on the approved development plan for the site and the improvements that have been made to SW North Dakota that were required as conditions of approval, the plan map and zone change would not significantly affect a transportation facility. In fact, one of the advantages of allowing additional retail tenants within the existing building is that is will provide residents in the neighborhood to ride a bicycle or walk to the businesses that are there. Currently, it is unlikely that any neighborhood residents walk or bicycle to St. Vincent's. However, depending on the actual tenants that ultimately locate within the building on Parcel 3, there could be a significant number of trips made to this location made without using an automobile. VII. CONCLUSIONS Amending the Comprehensive Plan and Zoning Map to essentially switch these two Plan and Zone designations with each other more accurately reflects what has actually been built, on both quadrants of the intersection. It corrects a mistake in the Zoning Map. Since medical and dental services are allowed outright in the C-P zone (see Section 18.64.020.2.h), changing the zoning to C-P on tax lot '401' would not interfere in any way with the present use. The impact of the change on traffic capacity is at worst negligible, and may, in fact, be positive. The total square footage of property or of buildings zoned C-N and C-P stays, for all practical purposes, the same. Most importantly, it fulfills the intent of the Comprehensive Plan to provide some neighborhood based retail uses in this area, serving the convenience shopping and service needs of the neighborhood. 16 EJM:Pac Crest1CPA&ZG5thdraft/Oct. 26, 1995 • • List of Exhibits Exhibit A: Current City of Tigard Zoning Map Exhibit B: Exhibit A of CPA 90-0003/ZC 90-0001 Exhibit C: Tax Lot map showing Pacific Crest Partners' property Exhibit D: Copy of MLP 94-0013 Exhibit E: Site Plan, Pacific Crest Partners Exhibit F: Tax Lot map showing Providence Health System property Exhibit G: Statistics from SDR•88-05 submittal Exhibit H: Site plan, from SDR 88-05 submittal Exhibit I: Meeting notification Exhibit J: Map that went with meeting notification (taken from an older city zoning map) Exhibit K: List of property owners and tenants to whom a notice was mailed(4 pages) Exhibit L: Affidavit of mailing Exhibit M: Mock up of two 3' X 4' signs posted on properties (2 pages) Exhibit N: Affidavit of posting Exhibit 0: Sign up sheet, neighborhood meeting on October 19, 1995 ejmPooydenZC/Oct.24, 1995 , .. 4.441,,z, ! 4 4.4!),44 \ ....\, .44:45e4! ...". 44.4 1 ti I ! 4 4.1. ..1......; 4_, 4,:44,44i, .4,41, .....44....., ,,,,......,.. .j.,4: 4 , 14.---1 i ..,,,- „444,• ....t, 4 >4 t 4,,,,,,,,,,,,,..,_.... • 4, , ,,,,, . :. .. 1 ,...._ ... • 4 4,4,1 444 I t, , i , 1 '1-1. 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G�OIr�--S FERRY RD ,= . 1 ..... . ,--7---- . _ 0,,,, 13 , 1: .,:. .....4„......,.,4:4".''''' ''------- " ---- I -- —grill" PDSSIBL� vIDEO DROP' •� I sox Ioc�nay. iI. � ,' DIR. SIGN to /m ;7 - __ %� WO N\ h O BANK %� 1 : di 9 7 -' DIR 0 /,, SIGN as D®' 3C0 ' 14.b l' ids' 71,549' ld D 4 1 . ._1%. 4 . ,j, .9 L 1 gi 1 - i t J I VET LEASE I I a. I • d SITE PLAN ',...21"1, ... W .WM0 trl X a. a] 4 / CI) z 0 0 Ca H w ,.... cr 0 b , 6 le V..., 0 Z 0 0 )0) 10) ,0 0 f........... 0 'zt (9 co 1.1 Z TI (f) -.6 t 6-6 4. 0 0 0., 61 6. .4 V 0000+000i 0 V0 0000-0 :---4 3 .33#.3 oc. a vil ois e 00068 00'0 0 0 (0) t ) > 74 Ti Y. r 4ir- ..... rra OI 0''q ..... wa Os) s 00 0 0, 0..0 (0*0 00 0. r, 01 . sol 6' , 11'. I .......,_ ...,...i., a 0 ka 1 I 1 I 1 .....o I 4. — 01 0 91 1 .11.4 < , I 1...m I tr) —— ......__,_--........_—.__..--...1 °YOH 0.1.N3UUOS A... (A Ai AQ.000 0,e 10**.VP 13 Lb 0000-00 00010.00 ' 0.00.0ie)))).,e AV e..)- 'le°''' • ' ' " ' ' '....'04ral0 t ii0,,,Iir1/404,4k0 • • STATISTICS St. Vincent Site LAND AREA 85,750 S.F. 1.97 ACRES 3 BU°LDING SIZE 24,000 S.F. 2 STORY PARKING SHOWN 124 CARS 1/196 PARKING REGD. 120 CARS 1/200 O • Retail Site = LAND AREA 157,130 S.F. 3.6 ACRES l f✓o%M P(11;cor11 ) SNlo rn; AI• 5 DR 88-o; . /00, 14\ S . NORTH 'DAKOTA ST_ L - rno . ..._ . _.._. . • • TA . .( a . -.... 1 T L, S H t 3�3i�x zE ? \ A I as ko;r "`I K ''!4"e'' ., Ya'�=5 r '"44;. •�.� ,I II I s� s4 FLroifii F";.,► �Y iLt�n� ". f =�z°;33a � ��.� ■ , 1 aa Yt G-� LaY �� 1 &mutt •'•• �Cx�yy 'k -x ' .. 72 .?^" IoCPts3l" ; .t} ? a _ • rSk h .s,s 1 � a • 1_ '.",z' •"�sb 'ice'i7 �'"`„ �' ' , .. i....1. �\ g. I [-- e. Nom. ••.'1,,x >i"'C.'tu:.h•>1.: .' • . N, ■ 11: '.1 4....1. .440,•',Z.••• t,..-'.e.' - • ..._.._....._. \;. 1.1 ...• • tcl 3M ,. , .`'z•Ex3. s u, v.,„ y 1.1111 ,'\� N • ` ._ x.,sa.F:,Zg>�s,T xr't?a,: , F?2>;6'4>r .,�t:$'f s .! fn. 11111111111111111 ' Sr V1 i \ MD L /�� — ■ 1 '. \ i 1 � I 1, RD \ .�„�) _.:..,- l • Dr.14 4,............, 1 •} � I ; r= \ Qo \ _ • , :-. • . .... 1 . ) a 1 O 3 • ;'};f '{ I Vim. ,. ' �aNEN�w��,f n����11a�s��sw��1a�=10�/11sriat1.i� 111., � Ali!i... ,•.'.;';� ,.:-":::4::::;• • ,� i���ii1� *ti= tip , w y. .,..;;.,;1.;: • • MEETING NOTICE THURSDAY, OCTOBER 19,.1995 7:00 PM GODFATHER'S PIZZA, GREENWAY CENTER 12286 SW SCROLLS FERRY RD. TIGARD, OREGON October 3, 1995 Dear Neighbor: Pacific Crest Partners and Providence Health System would like to invite you to the meeting noted above to discuss a proposed Comprehensive Plan and Zoning Map change-on our properties located at the southwest and southeast corners of Scholls Ferry Road and North Dakota Street. The idea is straightforward. The proposal is to change the zoning on the one acre parcel owned by Providence Health System (St. Vincent's Medical Clinic) from a Neighborhood Commercial zone to a Professional Office zone, reflecting what has actually been built on the property. At the same time, two parcels totaling 47,873 square feet owned by Pacific Crest Partners is proposed to be changed from a Professional Office zone to a Neighborhood Commercial zone, giving the owner the flexibility to indude more retail tenants within the building under construction now. On the southeast corner of the intersection, the St. Vincent's Medical Clinic would remain the same after this proposed change in zoning. On the southwest corner, the new building just north of Kinder Care would remain the same as what you are seeing built today, but the tenant mix within the building would generally indude more retail and less office uses than the current zoning allows. Note that this request is not a resubmittal of a recent request for a rezone to General Commercial on one of these parcels. Neighborhood Commercial is a more limited commercial zone than General Commercial, and is suitable for smaller scale commercial or service uses such as convenience markets, video rentals, card shops, hair salons, drycleaners, pet stores, eating and drinking establishments (under a Conditional Use permit), and the like. The reason for this proposal is that the City Zoning Code only allows one corner of this intersection to be zoned Neighborhood Commercial. The property upon which the Clinic is located is already zoned Neighborhood Commercial, but it does not need that zone to continue to operate as a medical clinic. This proposal would allow that zone to be switched to the other side of North Dakota, where it is needed for small, neighborhood commercial uses. If you have any questions, please come to the informational meeting, or call me. (Dan Boyden of Pacific Crest Partners has retained my services to be the contact person, and to make the application to the City of Tigard). Ed Murphy, AICP 639-5361 (fax 968-1674) I... :-... , .. •._ ---\ -1 .'m'•• ale • ....• - • . . i t ., ...•":111/ _ :. •4 _„,......... - • . -- ....... - .4-i :1 , -T. 1 .. • ,., Ir.- ---% 1 1 . i - " --4 . -1***-1.,_ ,-.1 . a r At - • I -,s-t.. '-165 .4.4_4 .. 4 4....... it...A....L. . ,.., , 4 5 t . _ „.._ ..744.4.4._444,4i. .,. . . ,,...c,,.. „ • .„... . • . ., . • A I 1 ... . ::. .4„ . i _ • . . .. . . . . . . i ,-.... ,1 1 . .. . .• . • • . . . ... 1 ''''''''''.7 : .. . . . .. . :. •„....„..„ • . . . 4;4.. • • „44 . .......... • . . ,...., ,. ,._ .: -.. IP.103' . 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'T vih0,:9�. �c' DEPT .OF 'TRANSPORTATI i MCDONALD'S .CORPORATION )4 Wiiliam;_;Davidson --. • 417< Transportation Bldg ^-,-NO-ST 12475 SW "Main St Salem, OR 97310 Chicago, IL 60666 Tigard, OR 97223 UNITED STATES BANK OF OR h-- BERSHENGLE ENTERPRISES L r CORPORATE FACILITIES k' PORTLAND FIXTURE LTD PTN 74 610 Glatt Cir PO Box 8837 X 13635 NW' Cornell Rd #200 Woodburn, OR 97071 Portland, OR 97208 Portland, OR 97229 EQR-WEYER VISTAS INC - SCHOLLS TERRACE APARTMEN ,gip CHINOOK INVESTMENT CO" PO Box A-3879 x' 633 NW 19th Ave 1777 NE Loop 410 Chicago, IL 60690 Portland, OR 97209 San Antonio, TX 78217 ., 7o Frederick Niedner Esther Niedner • / Evan & Sally Gough • Frances Heim 10500 SW Tarpan Dr 15750 SW Tarpan Dr $ 12610 SW Tarpan Dr Beaverton, OR 97008 Beaverton, OR 97008 Beaverton, OR 97008 Dang Phuoc Nguyen Allan Grabinski �f Kim Thi Hang _ 10 Sid Dalai 12640 SW Tarpan Dr 12670 SW Tarpan Dr 12690 SW Tarpan Dr Beaverton, OR 97008 Beaverton, OR 97008 Beaverton, OR 97008 • r Joseph Hua Bui ? SALVATION ARMY CORPORATE .' Steven Neighorn 10623 SW 127th Ct PO Box 8798 10635 SW 127th Ct Tigard, OR 97223 Portland, OR 97208 Tigard, OR 97223 f Ying Kuen Pun Siu Ying Vicki Cowan -s David & Frances Peters 10636 SW 127th Ct 10647 SW 127th Ct 10648 SW 127th Ct Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 / Chien-Chung Chan Chen-Chi -Hu x William Heffelfinger Sandra Kay Seemrn1 10659 SW 127th Ct 10662 SW 127th Ct 1 10673 SW 127th Ct Tigard, OR 97223 Tigard, OR 97223 Tigard, OR .97223 ,/.., Phana Luy & Sivy Leav -)a Bruce & Eleanor Oitto ; )C Debra Blanchard 10674 SW 127th Ct 10682 SW 127th Ct 10687 SW 127th Ct Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 A, Nicolas Naval Sr. x M Patrick Mulligan -x Keith & Jean Ketterling Nicolas Naval 10690 SW 127th Ct 1070 SW 127th Ct 10705 SW 127th Ct Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 Kinder Care Learning Center 1777 NE Loop 410, #1250 San Antonio, Texas 78217 £ZZL6 HO 'PJE611 lJno3 pu3£I. MS 95£31. kelooM Ie0 173ZL6 HO 'POLL Limo pno10 MS 51791 41!WS /S41E>1 £ZZL6 HO 'P'E611 pnoO uefiJoinj MS 91731.1. _minus emci EB £ZZL6 HO `PJe611 an!Jo aJO4S MS 063E 1. Jeiiez '0 )1JEI0 £ZZL6 HO '111n6I1 en!Ja Ain JO!oel O MS 017631- 01I1EN A143E>I McDonald's Corporation 1 McDonald's Plaza Oak Brook, Illinois 60521 990L6 HO 'esodduos peoH meaJO puow/tBH 1.631.E IIessn i 1400S 173ZL6 HO 'PJE6i1 u!ElunoW iln8 MS 00331. epnoid A!Janee £ZZL6 HO 'POLL dooi poOMUOJI MS 98E11. JJaH Als!J40 173ZL6 HO 'PiE611 enpa funqsameml MS L1717171. 4oeOH wIr 19 eiuuog £ZZL6 HO 'Pie611 anuany 111961- MS 93011. ssoJF IIIB 133L6 HO 'Ple6I1 anuany is I- MS 031.5 L sJalsei Epurl 133L6 80 'POLL anuany 1 l91i!. MS 617691 e6ppl}!nS unr £ZZL6 HO 'PiE6ii leeJl5 wad MS 999£1 uewiejse /um £ZZL6 HO 'POLL il!H 6u!uJolry MS 63811. uepMOH P3 £ZZL6 HO `PJE611 pnO0 419Z 1. MS 90611. !PB)IIY 4EIInPf`d: 41$0 t •. - • Kinder Care Learning Center McDonald's Corporation Kinder Care Learning Center • 1777 NE Loop 410, #1250 1 McDonald's Plaza 12658 SW Dakota San Antonio, Texas 78217 Oak Brook, Illinois 60521 Tigard, Oregon 97223 Dr. Nickol, Animal Hospital ,, a"d t4 onitN 1,�,.vi 12730 SW Dakota Tigard, OR 97223 25-s- u' So �c4a�t Blvd. Lakt dcw,o, aA 170 Ss ° = - NOTIFICATION LIST.FOR APPLICANTS WITH LAND USE PROPOSALS • • • '' '"" WEST CIT LAND.USE SUBCOMMITTEE .. • • EAST CIT SOUTH CIT 'CENTRAL CIT • ;Abdullah Alkadi 'Clark G. Zeller -Beverly Froude Mary Swintek Jack Biethan Brian Martin :?'1x.1'9.05 SW 125th Court 13290 SW Shore Drive 12200 SW Bull Mountain Rd 9915 SW Frewing, #23 15525 SW 109th Ave 10965 SW Pathfinder Way 'Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 97223-3930 '1n0))571.1065 00315244994 15031619.2529 .Bill Gross -Lary Westerman "Kathy mith John Benneth Y Y Craig Hopkins 1550 SW 109tH Ave .1.1035 SW 135th Avenue 13665 SW Fern Street 11645 SW Cloud Court 7430 SW Varns Street Tigard, OR 97224 'Tigard,'OR 97223 Tigard, OR 97223 Tigard, OR 97224 Tigard, OR 97223 13033 5244325 6031521.1550 00316394694 Kathie Kallio ,Christy Herr . 'Linda Masters • ,12940 5W Glacier Lily Dr 11386 SW Ironwood Loop 15120 SW 141st Avenue Mark F. Mahon Tigard, OR 97223 . Tigard, OR 97223 . Tigard, OR 97224 • 11310 SW 91st Court :15011321.5200 • . , . 15031390.1970150316245009 150316204662 Tigard, OR 97223 ?Ed'.Howden 'Barbara Saltier rScott Russell• =t.l 1829 SW Morning Hill 11245 SW Morgen Court 31291 Raymond Creek Road Joel Stevens . ,,Tigard, OR 97223 . Tigard, OR 97223 Scappoose, OR 97056 9660 SW Ventura Court :nou s21.6o10 00116644103 0031513.2131 Tigard, OR 97223 • ' `13onne & Jim Roach }June Sulffridge "Cal Woolery ' X1.444.7 SW Twekesbury Or 15949 SW 146th Avenue 12356 SW.132nd Court • Pat Wyden Tigard, OR 97224 Tigard, OR 97224 • . Tigard, OR 97223 8122 SW Spruce Street ' 45031 5600461 150315900523. 150315901297 Tigard, OR 97223 IIIINOTE:,;. • In addition to property owners within 250 feet,notice of meetings on land h • use proposals In the West CIT area shall be sent to all the names on this list. 'i a attNnwteM0tnetkeat • • 'lam 4 • • • AFFIDAVIT OF MAIUNG STATE OF OREGON ) ) SS CITY OF TIGARD ) 4 1l b44 urpLy , being duly sworn, depose and say that on U du be r ti . . 1 caused to have mailed to each of the persons on the attached list a notice of • a meeting to discuss a proposed development at Sct;,olls Fr ± Na4Z v a kg k a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed In envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office at Maw Skeet, Ti r3 a 4 , with postage prepaid thereon. Signature • Subscribed and sworn to before me this /011‘,day of Old S eat-e.t� , 19 9s- . OFFICIAL SEAL & 41. ±1ñ NM JELDEHKS XXX NOTARY PUBLIC.OREGON Notary Public COMMISSION NO.0461 42 My Commission 9/� Cj Cj I SION EXPIRES SEPTEMBER 07,1999 / / 1 MY COMM S h:\login\jo\affmauldt 1 • • C> MEETING NOTICE PACIFIC CREST PARTNERS AND SISTERS OF PROVIDENCE HEALTH SYSTEM ARE JOINTLY APPLYING FOR A COMPREHENSIVE PLAN AND ZONE MAP CHANGE ON THIS PROPERTY FROM "COMMERCIAL-PROFESSIONAL" TO "COMMERCIAL-NEIGHBORHOOD". Prior to applying to the City of Tigard for the change, the applicants would like to discuss the proposal in more detail with the surrounding property owners and residents, and any interested citizens. You are invited to attend an informational meeting on: THURSDAY, OCTOBER 19, 1995 7:00 PM GODFATHER'S PIZZA GREENWAY CENTER 12286 SW SCHOLLS FERRY RD. TIGARD, OREGON PROJECT DEVELOPER: Daniel Boyden, Pacific Crest Partners, Inc. CONTACT: Ed Murphy, Planning Consultant PHONE NUMBER: 639-5361 MEETàNG NOTICE ' PACIFIC CREST PARTNERS AND PROVIDENCE HOSPITAL ARE JOINTLY APPLYING FOR A COMPREHENSIVE PLAN AND ZONE MAP CHANGE ON THIS PROPERTY FROM "COMMERCIAL- NEIGHBORHOOD" TO "COMMERCIAL PROFESSIONAL". Prior to applying • to the City of Tigard for the change, the applicants would like to discuss the proposal in more detail with the surrounding property owners and residents, and any interested citizens. You are invited to attend an informational meeting on: THURSDAY, OCTOBER 19, 1.995 7:00 PM GODFATHER'S PIZZA GREENWAY CENTER 12286 SW SCHOLLS FERRY RD. TIGARD, OREGON PROJECT DEVELOPER: Daniel Boyden, Pacific Crest Partners, Inc. CONTACT: Ed Murphy, Planning Consultant PHONE NUMBER: 639-5361 ? s L f 1-.- - -, . :::*-'.. --;',:i7,-..-:: ::::::, !::',....:-..,.....;,-:.:.',.::;-_•.::-......:::::,..:,.:-,,--:,...-..':•,-....--.,-:,....,....- 111• _-. ..-..:-....,---.. .:-,...i.:-.:;.-..,::: _ -:..,,:: ..:,•:•-:_.:.-.. - _-'_ -E .:. ..._-„,;: - .--2,. ,:.-,-...:::.. ;..f.. ..;:?..::':=:.--„,;!-..7i-7:i.,-::•: :f.-- Na na Of applican n Cves ?a.•file vs and Provi tip h ce reA /l 5,,s-ire., - . . Subject Property: .Tax Map and Lot.# Pavicel$is 3 •of ma cf Y-osj3 (J cup.). 1st SS 'Ai Ti r_:zY o a -.- Imi Mwcrr+ t,S$•$v Bc, r.4. yye1,, - / �T Address or.General Location S.✓ked i tPrr y •iisJ Ab+ i DaK0IA ... . . AFFIDAVIT OF POSTING.NOTICE - .---. - - • ar� (represent)the initiating . I. Al �+y do affirm that 1 am party interest in a.proposed` ; Caw po MN T'2ci i $ I f Gira•ti4- the land located at So�.ell Ferry /J�n'Ik'bAlte ,and did on-the SI s' • dayof - pc f e dry • ,19 .personally post Hatt e.indiCating t the site maybe proposed for a Came. 11 vi /Yco a Map dto ne a appU�ion.and the time.:date`and piaCe'rc . - neighborhood.meeting to-discuss the proposal, • .' • The sign was at wilt C. 0 • . tdQ . r l U4 ' Q 114' .Ni a ; • (state •-,..., On property) tea f& chht aid flit rl�sly caasiyuCI i 1)4; d.41. . • This day of • tg__`: • • Sigtratui e • 'Subs<xlbed and Sworn to, affirmed, before me this /C) day of 00M-6,--nM-6,-- , 19 91sr aA,Z-#1. .• v /66,4. :• -- -:....'. et-`:..'''''' '"- oFFica�SEAL Notary Public for the :,,.A••rOregon : DIANE M JELDERKS My Commission Expires: �j 7/if NOTARY PUBLIC-OREGON I/7// N',1;•,; cOMMISSION NO.046142 I MY COMMISSION EXPIRES SEPTEMBER 07,1999 WITHIN SEVEN (7) CALENDAR DAYS OF-THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: City of Tigard Planning Division ' 13125 SW Hall Blvd. . • Tigard, OR 97223 • _ t�?,AAN4110 - F�f �..>. ,,�J'1�A'��> ��KJV' �W'VI-'.-',"1 k .•� ��.f,y>.� ^i r.��Ya'�:ia,�.• --= --- --- 516 uo CAt-ET -- CPei(z ■- I ,,/ _ e t c r e v lit. 590 ksm1 - - 1 r 41344 -- flc rid Mw rit deli ,-- j61!��- /?ZZy- II MINUTES NEIGHBORHOOD MEETING OCTOBER 19, 1995 CPA& ZC APPLICATION PACIFIC CREST PARTNERS AND PROVIDENCE HEALTH SYSTEM One person came to the neighborhood meeting. Don Olson came as an interested citizen. He wanted to know about the existing zoning, what is allowed under the existing zoning and why the applicant's are requesting a zone change. He was also curious about what type of tenants would go into the newly constructed building on Parcel 3. I explained the reason for the request Comprehensive Plan and Zone amendments, showed him the zoning map and the site plan for St. Vincent's Medical Clinic, and mentioned the possible tenants, or type of tenants, including a Boston Market, a video store, a dentist, a yogurt place, a postal service, a coffee shop, etc. that may go into the recently constructed building on parcel 3. He registered no objection to the zone change, or to any of the potential tenants mentioned. We talked generally about growth in Tigard, and the history of the area. He has lived here about 25 years. Meeting adjourned at 7:30 p.m. 41\L\L\ _ . ` • STAFF REPORT TO THE PLANNING COMMISSION AGENDA ITEM 4-1 December 18, 1995 TIGARD CITY HALL - TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 95-0005 Zone Change ZON 95-0007 REQUEST: Amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013 from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and amend the Comprehensive Plan map on property at the southeast corner of SW Scholls Ferry Road and SW North Dakota Street from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. APPLICANTS: Pacific Crest Partners Providence Health Systems 911 Oak Street 4805 NE Glisan Street Hood River, OR 97031 Portland, OR 97213 OWNERS: Same LOCATION: Southwest and southeast corners of SW Scholls Ferry Road and SW North Dakota Street. 2. Vicinity The proposal is a joint application between Pacific Crest Partners and Providence Health Systems. Two sites are involved in the plan amendment/zone change. Site A is on the southwest corner of SW Scholls Ferry Road and SW North Dakota Street; site B is on the southeast corner (Exhibit A). 1 • The proposal affects Parcels 1 and 3 of a recently-approved minor land partition (MLP 94-0013) on map 1S1 35AD, lot 2400 (Exhibit B). These parcels have been recently developed as a bank and tenant commercial space. The land uses surrounding the site are as follows: Properties to the north across Scholls Ferry Road are in the City of Beaverton and zoned for single family residential use; to the east across North Dakota Street is the St. Vincent's Medical Clinic, which is built on property zoned for both Neighborhood Commercial and Professional Commercial uses; to the south is medium density residential land, though the Kindercare day care center located immediately to the south is a conditional use; and to the west is medium density residential land that is zoned R-7 (PD) and contains the Summerlake subdivision. The proposal also includes the property at the southeast corner of Scholls Ferry and North Dakota. The northwestern one acre of map 1S1 34BC, lot 401 is zoned for Neighborhood Commercial (Exhibit C). Properties to the north across Scholls Ferry are in the City of Beaverton and zoned for office commercial and single family residential; to the east is general commercial land which contains a McDonald's restaurant and the Greenway Center; to the south is . commercial professional land which contains part of the medical clinic and a vacant parcel; and to the west is commercial professional land containing the co-applicant's development. 3. Background Information • Site A: Pacific Crest Partners was approved for a minor land partition (MLP 94-0013) and site development review (SDR 94-0014) on the property at the southwest corner of Scholls Ferry and North Dakota in August of 1994. The original 1.24-acre parcel was divided into three parcels. Parcels 1 and 3 of that partition is the subject of the current application. In April of 1995, Pacific Crest Partners applied for a comprehensive plan amendment/zone change for Parcel 3 only. The applicant proposed to change the parcel from Commercial Professional/C-P to General Commercial/C-G in order to develop it for retail use. The Planning Division recommended denial because the application did not meet all approval criteria. The Planning Commission recommended denial on June 19 and the City Council denied the proposal on July 11. Tigard Community Development Code 18.32.280 states that an 2 • • application that has been denied may not be resubmitted for the same or substantially similar proposal or action for a period of one year unless there is a substantial change in the facts or a change in . city policy which would change the outcome. Staff agrees with the applicants that the current proposal is substantially different than the previous one referred to above. This application seeks a change to different designations than the prior one and involves three parcels and two applicants. It also involves a mistake by the city concerning the comprehensive plan and zoning maps. Site B: In November of 1986, the city council adopted Ordinance 86-58, which amended the comprehensive plan and zoning maps on the original parcel (1S1 34BC, lot 401) located on the southeast corner of Scholls Ferry and North Dakota. The applicant, Bethany Associates, requested that the 5.4 acre parcel be redesignated from C-P to C-G on 3.9 acres with the remaining 1.5 acres retaining the C-P designation. The city council decided to designate the eastern 2.9 acres as C-G and the northwestern one acre as C-N, the latter to be used for neighborhood retail uses (Exhibit C). Since the rezoning, the original 5.4 acre site has developed with a McDonald's restaurant, an Oil Can Henry's auto lube and St. Vincent's Medical Clinic. The clinic straddles the C-N and C-P zoning districts (Exhibit D). Since the time of the approval of Ordinance 86-58, a mistake was made by city staff regarding the location and conditions of the C-N zone. The ordinance text and map specifies that the C-N designation be located on the northwest corner of the site and contain one acre; and • that commercial development occurring within a zoning district shall not utilize space outside of the respective zone to satisfy parking or landscaping requirements prescribed by the code. The current comprehensive plan and zoning maps, however, are drawn to include 1.99 acres in this designation; and the medical center development straddles two zoning districts. 4. Site Information and Proposal Description Site A: The affected parcels, containing 1.10 acres, are located along the west side of North Dakota Street, south of Scholls Ferry Road (Exhibit A). Site development has recently been completed on this site pursuant to the approved site development application in August of 1994 (SDR 94-0014). Approval of SDR 94-0014 allows for construction of a 3,840 square foot bank on Parcel 1 and 8,415 square feet of office/retail space on Parcel 3. Prior to construction, former tax lot 2400 contained a veterinary office, three homes and an apartment 3 • • building. The applicant requests a comprehensive plan map amendment from • Commercial Professional to Neighborhood Commercial and a zone change from C-P to C-N on Parcels 1 and 3. The reason for the requested change is to expand the range of permissible uses to those allowed under C-N zoning. Under C-P zoning, retail commercial use is limited to 20 percent of the entire square footage within the development complex. Under this restriction, only 3,166 of the 8,415 square feet of the building on Parcel 3 could be used for selected retail uses. A change from C-P to C-N will only affect, therefore, the permitted uses for the remaining 5,249 square feet on Parcel 3. Site B: The affected property, containing one acre, is located on the southeast corner of Scholls Ferry Road and North Dakota Street. In March of 1988, the city approved SDR 88-05 for the construction of St. Vincent's Medical Clinic. The northern portion only of the clinic is located in the C-N zone; the southern portion is on land zoned C-P. The applicant requests a comprehensive plan map amendment from Neighborhood Commercial to Commercial Professional and a zone change from C-N to C-P on the northwestern one acre of map 1S1 34BC lot 401, as delineated on the map of Ordinance 86-58 (Exhibit C). The reason for the request is to correct a mistake on the zoning map, clear up the split zones upon which the clinic is located and to enable the C-N zone, which is restricted to one quadrant of an intersection, to be more appropriately used by the co-applicant on Site A. A written narrative combining the two requests was submitted as part of the application. It is included as part of this staff report. 5. Agency Comments The Engineering Division, Tualatin Valley Fire and Rescue District, Washington County, Beaverton and Tri-met have reviewed the proposal and have no objections. No other comments were received at the time of this report. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1, 5.4, 8.1.1, 12.2.1 (1) and 12.2.1 (3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules, Chapter 660 Division 12. 4 • 1. Policy 1.1.2, Implementation Strategy 2, requires that in order to approve quasi-judicial changes to the comprehensive plan map, the city council must find: a) A change is consistent with applicable plan • policies; and b) A change of physical circumstances has occurred since the original designation, or c) A mistake was made in the original land use designation. The applicants' statement in support of this proposal asserts that three physical changes of circumstances have occurred affecting the sites and a mistake was made in the original land use designation of site B. A summary of these arguments follows. St. Vincent's Medical Clinic was partially built on a one-acre parcel, which is zoned Neighborhood Commercial, despite the fact that the city council amended the comprehensive plan and zoning maps with the intent that retail commercial uses be developed there. CPA 10- 86/ZC 18-86 was a request by Bethany Associates to rezone a portion of a 5.4-acre parcel on the corner of Scholls Ferry and North Dakota from C-P to C-G on 3.9 acres; the remainder would remain C-P. This { action was to accommodate a neighborhood office and retail center designed to maximize pedestrian access to the site, particularly from the Meadowcreek apartment project immediately south of the site. The proposal stated "The medical/dental/professional office portion of the plan can be built in the present C-P zone so no change is necessary". The city council approved the request with the added conditions that one acre of the site be rezoned as C-N in order to limit the scale of commercial development which is compatible with nearby • residential neighborhoods. Despite the intent of the council's action, a regional medical clinic was developed on the C-N zoned property. This use does not fulfill the purpose of this zone. The Tigard code states, " The purpose of the C-N zoning district is to provide convenience goods and services within a cluster of stores. Convenience goods are goods which are bought frequently, at least weekly, and for which people do not engage in comparison shopping. The uses permitted in the neighborhood center include convenience markets, beauty shops, barber shops and repair shops. The range of uses is limited to those uses which can be sustained by a limited trade area." The expectations of the zone change in 1986, therefore; were never fulfilled and the neighborhood commercial uses intended by the C-N zone never developed. The applicant claims that this represents one physical change of circumstances. 5 • 410 The applicant asserts that the second physical change of circumstance is related to the type of existing uses on the sites. The recently- completed bank and tenant space on Site A, though allowed under C-P zoning, are more neighborhood commercial or retail uses than the medical clinic on Site B. This situation represents a change from the original designations and intents of the C-P and C-N zones. A third change in physical circumstances since the original designation in 1986, the applicant asserts, is the additional street improvements made in the area. The widening of Scholls Ferry and installation of speed humps along North Dakota improve the traffic flow in the area and discourage use of North Dakota as a 'cut-through' street. The installation of a traffic signal at Scholls Ferry and North Dakota has made it easier, more safe and convenient to access Sites A and B. In addition to the above, a mistake was made in the original land use designation of Site B. Ordinance 86-58 designated 1.0 acres as C-N on the southeast corner of Scholls Ferry and North Dakota. The current plan and zoning maps show all of tax lot 401, 1.99 acres, as C-N. The medical clinic development, covering approximately two acres, is built on land zoned C-N and C-P. The mistake was likely a mapping error which designated the whole tax lot as C-N, instead of the northern one acre only. Staff concurs that a physical change of circumstances occurred since the original designation on both sites. More importantly, staff believes that mistakes were made in the original designation and • subsequent development of Site B. The action by the city council in 1986 to rezone the 5.4-acre property on the southeast corner of Scholls Ferry and North Dakota to C-G and C-N was done to accommodate neighborhood commercial uses. Ordinance 86-58 reads, in part, "...the scale of the project should be limited so as to result in commercial development which is most beneficial to and compatible with nearby residential neighborhoods". Instead, a regional medical clinic was developed on approximately two acres of the western portion of the 5.4-acre site that straddles both the C-N and C-P zoning districts. This could represent a physical change that was not intended by the council, does not fulfill the purpose of the C-N district and precludes development of neighborhood commercial uses on the site. In addition, because of a restriction in the comprehensive plan locational criteria for C-N, the corner of this intersection cannot have another C-N district, thereby precluding a neighborhood commercial district across North Dakota Street. 6 • • Staff also concludes that a mistake was made in the original land use designation of Site B, and a mistake was made in approving the location of the medical clinic development in 1988. The city council action in 1986 to rezone this site included the following provisions. a) • The eastern 2.9 acres of the site shall be redesignated for Commercial General development in the Comprehensive Plan and C-G on the Zoning Map. The northwest corner containing 1.0 acre will be redesignated for Commercial Neighborhood development in the Comprehensive Plan and C-N on the Zoning Map. [emphasis added] b) Commercial development occurring within a zoning district shall not utilize space outside of the respective zone to satisfy parking or landscaping requirements prescribed by the Community Development Code. The map referred to in a) above is shown as Exhibit C in this report. The action clearly was to rezone only 1.0 acre as C-N. Currently, the comprehensive plan and zoning maps show this district as 1.99 acres (Exhibit E). Staff made a mistake in designating the C-N boundaries in subsequent maps. Provision b) above was adopted by the council due to concern about negative impacts associated with a larger scale commercial retail development spilling over on to another zoning district. The medical clinic development, as built, does indeed cover part of the original C-N district and part of the C-P district to the south of the C-N district. Staff finds that a third mistake was made related to Site B by allowing a single use that exceeds 4,000 square feet. Chapter 18.60 (C-N: Neighborhood Commercial District) of the Tigard Development Code contains the following restriction: "No use shall have a gross floor area greater than 4,000 square feet." The portion of the medical clinic, which is considered a single use, located in the C-N zone should not exceed this square footage. The portion of the clinic in this zone is approximately 10,000 to 12,000 square feet. Based on the above discussion, Policy 1.1.2(2) is met. Approval of the this proposal would recognize the changed circumstances and correct the original mistakes made in creating, defining and developing the site within the C-N zone. V 2. Policy 2.1.1 states that the city shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided 7 • S . an opportunity to be involved in all phases of the planning process. The policy is satisfied because the surrounding property owners were given notice of public hearings related to the proposal and given the opportunity to comment on the proposal. The notice for the planning commission hearing was sent to surrounding property owners within 250 feet of the affected property, posted at Tigard City Hall and advertised in a local newspaper. In addition, the applicant provided notice of and conducted a neighborhood meeting on October 19, 1995, for interested property owners and those within a 250-foot radius of the affected property. 3. Policy 5.4 states that the city shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. The properties proposed for redesignation are currently zoned C-P and C-N, both commercial designations. Also, these properties are located among other commercially zoned parcels. This policy is satisfied, therefore, because there will be no encroachment of new commercial development into residential areas. 4. Policy 8.1.1 states that the city shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. The applicants'argument that the proposal would not have a significant effect on either the local road system in the area or the planned Washington County transportation system (Scholls Ferry Road) depends on the traffic study submitted for the previous application (CPA 95-0002/ZON 95-0003) for a plan and map amendment on Parcel 3 of Site A. The study and subsequent letters and comments from Washington County are included as Exhibit F. The study analyzed the worst case situation under C-G zoning on Parcel 3 only. This analysis showed that the transportation system would not be adversely affected. City and county staff agree that the analysis also suffices for the current proposal to rezone Parcels 1 and 3 to the less intensive C-N. Parcel 1 has recently developed as a bank and is under long-term lease with the property's owner. This use will not change due to the rezoning. Parcel 3 has recently developed as 8,415 square feet of tenant space. The uses allowed under the C-N zoning would not generate as much traffic as those allowed under C-G. In addition, any one use is limited to 4,000 square feet under C-N zoning. The owner/developer of Parcels 1 and 3 has already made street improvements as conditions of approval of SDR 94-0014. These improvements serve to mitigate the impact of additional traffic at this site. 8 • • The traffic impacts resulting from the medical clinic on Site B were analyzed and mitigated during site development review of that project in 1988 (SDR 88-05). The current proposal, therefore, to rezone .this site from C-N to C-P, if approved, will not affect the transportation system because the site is already built out. The city's Engineering Division and Washington County have reviewed the traffic analysis and find that the proposed amendment will not have a significant effect on the planned transportation system. Policy 8.1.1, therefore, is satisfied. 5. Policy 12.2.1 (1) provides the locational criteria for designating land as neighborhood commercial (C-N). These criteria apply to Site A. The locational criteria can be construed in a flexible manner in the interest of accommodating proposals which are found to be in the public interest and capable of integration into the community. The burden of proving conformance with the criteria varies with the degree of change and impact on the community. The applicable locational criteria with findings are as follows: (1) Spacing and Location a. The service area radius for a neighborhood commercial center shall be at least one-half of a mile. The service area depends on the type of tenants who locate at the site, but it is expected to be at least one-half mile. If approved, this C-N district would be the only one within one mile. There are C-G and C-P districts within one half mile that serve a larger trade area. • b. Commercial development shall be limited to one quadrant of a street intersection or where there is no street intersection, to one side of the street. If this proposal is approved and Site B is designated as C-P, then Site A would be the only quadrant of the intersection designated as C-N. The northeast quadrant in Beaverton is designated as 0-C (Office Commercial); the northwest quadrant in Beaverton is R-7 (Single-Family Residential); and the southeast quadrant would be C-P (Commercial Professional). This criterion, therefore, is satisfied. • (2) Access - a. The proposed center or expansion of an existing center shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity. existing and 9 • • projected traffic volumes, the speed limit, number of turning movements and the traffic generating characteristics of the most intensive use allowed in the zone. As discussed above under 8.1.1, staff agrees that the traffic analysis completed for the previous comprehensive plan and zoning map amendment (CPA 95-0002/ZON 95-0003) suffices for the current proposal. Based on this analysis and for the reasons cited in 8.1.1, staff concludes that redesignating Parcels 1 and 3 of Site A to C-N will not create traffic congestion or a traffic safety problem. This criterion, therefore, is satisfied. b. The site shall have direct access from an arterial or a collector street which will not direct traffic through local neighborhood streets. Access to the site is via North Dakota Street, a minor collector. This was determined by the city's approval of the site development plan (SDR 94-0014) in August of 1994 because direct access to Scholls Ferry Road, an arterial street, was prohibited by Washington County. Because site traffic will use Scholls Ferry Road and North Dakota, and traffic is not directed through local neighborhood streets, this criterion is satisfied. (3) Site Characteristics a. The site shall be of a size which can accommodate present and prohected uses, but shall not exceed two acres. Parcel 1 of Site A has recently been developed as a bank. Parcel 3 has developed as 8,415 square feet of tenant space. Both uses were reviewed and approved by the city in 1994. The site size does accommodate the present uses. Any additional future uses would have to be approved by the city. Parcels 1 and 3 combined include 1.10 acres. This criterion, therefore, is satisfied. (4) Impact Assessment a. The scale of the proiect shall be compatible with the surrounding uses. Site A is already developed as a bank and commercial tenant space. Both structures are one story and oriented towards Scholls Ferry Road and North Dakota Street. The scale of this project is compatible with the surrounding uses of commercial and medium density residential. b. Site configuration and characteristics, and relationship to the street system, shall be such that privacy of adjacent non- 10 • commercial uses can be maintained. The existing development on Site A is oriented toward Scholls Ferry Road and North Dakota Street. To the east across North Dakota Street is commercially- zoned land which includes the medical clinic. To the south is the Kindercare day care center, a conditional use in an R-7 (PD) zone. 'There are no windows or public access facing south towards this residentially-zoned area. To the east is the new veterinary clinic building and a 20-foot buffer between the building and the residential neighborhood. With the foregoing configurations and characteristics, this criterion is met. c. It shall be possible to incorporate the unique features into the site design and development plan. The site has already been developed. It contained no unique features before development. This criterion, therefore, is satisfied. d. Associated lights, noise and activities shall not interfere with adjoining non-residential uses. The existing site development as approved and constructed does not and will not create noise and lighting impacts to the medical clinic across North Dakota Street or the Kindercare center to the south. The Parcel 3 building orientation faces north away from the day care center. This criterion, therefore, is satisfied. 6. Policy 12.2.1 (3) provides the locational criteria for designating land as commercial professional (C-P). These criteria apply to Site B. The locational criteria can be construed in a flexible manner in the interest • of accommodating proposals which are found to .be in the public interest and capable of integration into the community. The burden of proving conformance with the criteria varies with the degree of change and impact on the community. The applicable locational criteria with findings are as follows: (1) Spacing and Location a. The Comprehensive Plan map fixes exact boundaries of the commercial professional area. This policy is satisfied because the boundaries of the C-P designation will be set by ordinance that amends the comprehensive plan map. b. The commercial area is not surrounded by residential districts on more than two sides. The properties to the north of the site are in the City of Beaverton and zoned office commercial; to the west of the site is land zoned commercial professional (C-P); if 11 • • the current proposal is approved the properties to the west would be C-P and C-N; to the south is land zoned C-P; to the east is land zoned C-G. This criterion is satisfied because the affected site is surrounded by commercial districts on all sides. (2) Access a. The proposed use or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity, existing and . projected traffic volumes, the speed limit, number of turning movements and the traffic generating characteristics of the various types of uses. Site B is already developed with the medical clinic. This development was reviewed and approved by the city council in 1988 (SDR 88-05). Traffic concerns were addressed during that review process. Approval of the current proposal would not affect the existing traffic generation or patterns related to this site, therefore, this criterion is satisfied. (3) Site Characteristics a. The site shall be of a size which can accommodate present and projected needs. Site B is already developed and can accommodate the present needs. There are no plans for expansion of the medical clinic. This criterion, therefore, is satisfied. b. The site shall have high visibility. The site and existing development is clearly visible from Scholls Ferry Road and North Dakota Street. This criterion, therefore, is satisfied. (4) Impact Assessment a. The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. The existing medical clinic is oriented towards Scholls Ferry and North Dakota. To the north of the site, across Scholls Ferry is a bank; to the east is a McDonald's restaurant and auto lube center; to the south is a vacant parcel of C-P land; and to the west, across North Dakota, is a bank, veterinary hospital and commercial tenant space. The nearest non-commercial use is the Meadow Creek apartments to the south beyond the vacant commercial parcel. This criterion, therefore, is satisfied. 12 • • b. It shall be possible to incorporate the unique site features into the site design and development plan. The site has already been developed and there are no unique features on the site. This criterion, therefore, is satisfied. c. Associated lights, noise and activities shall not interfere with adjoining non-residential uses. The site , has already been developed. To the north of the site, across Scholls Ferry Road, is a bank; to the east is a McDonald's restaurant and auto lube center; to the south is a vacant parcel of C-P land; and to the west, across North Dakota Street, is a bank, veterinary hospital and commercial tenant space. The medical clinic does not interfere with these non-residential uses and, in fact, is complimentary to them. This criterion, therefore, is satisfied. 7. Section 18.32 of the Community Development Code sets forth the procedural requirements for review of quasi-judicial plan amendments. The application has been processed in accordance with code sections 18.32.020, 18.32.050 and 18.32.060; hearings have been conducted by the planning commission according to 18.32.090(D); and the requirements for notification of the hearings have been met according to 18.32.130 and 18.32.140. 8. Section 18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the plan and zoning district map as follows: • A. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. The applicable comprehensive plan policies and map designation; and the change will not adversely affect the health, safety and welfare of the community. The applicable plan • policies related to the proposal are reviewed above under section B (Findings and Conclusions). 2. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgement of the comprehensive plan and ordinances. The Tigard Comprehensive Plan has been acknowledged,_ therefore specific review of each statewide planning goal is not applicable. Notice of filing this proposed amendment has been provided to the Department of Land Conservation and Development for comment at least 45 13 • • days prior to the final decision date. 3. The applicable standards of any provision of this code or other applicable implementing ordinance. Code sections 18.60 (Neighborhood Commercial District) and 18.64 (Professional/ Administrative Office Commercial District) contain the standards for the C-N and C-P zones, respectively. Sites A and B have already been developed with commercial uses. The bank and commercial tenant space on Site A were reviewed and approved by the city under SDR 94-0014; the medical clinic (Site B) was approved. under SDR 88-05. The standards under each zone district have been met for these developments. This criterion, therefore, is satisfied. 4. 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 subiect of the development application. See above under B. Findings and Conclusions, section 1. 9. Oregon Administrative Rule section 660-12-060 requires that plan amendments be consistent with identified function, capacity and level of service of affected transportation facilities. Based on the applicants' traffic analysis and the improvements made to North Dakota Street (pursuant to SDR 94-0014), the proposed plan map and zoning map changes will not significantly affect a transportation facility. Washington County staff agrees that the proposal is consistent with this rule. 10. Conclusion In conclusion, all applicable approval criteria to support a comprehensive plan amendment and zone change have been satisfied. Staff can, therefore, make findings to support application CPA 95-0005/ZON 95-0007. Further, staff believes that amending the comprehensive plan and zoning maps to switch the locations of the C-P and C-N on this corner better serves the purposes of the city's planning goals and neighborhood public needs. It corrects the mistakes made regarding Site B, that is, the mapping error on the existing C-N district and the mistake in allowing the medical clinic site to be sited in two different zoning districts and developed over 4,000 square feet. By assigning a C-P zone to the one acre at the southeastern corner of Scholls Ferry and North Dakota, the medical clinic development will be located entirely in one appropriate zoning 14 • district and comply with all codes. This action will also allow the C-N zone, which is allowed on only one quadrant of an intersection, to be assigned to the southwestern corner of this intersection. Locating a C-N zoning district on this corner will allow the opportunity for provision of convenience goods and services to the local neighborhood. • C. RECOMMENDATION The Planning Division recommends that the Planning Commission forward a recommendation to the City Council for APPROVAL of Comprehensive Plan Amendment CPA 95-0005 and Zone Change ZON 95-0007 based upon the foregoing findings and conclusions. 15 iil Po' iiIi. DR I. odts 1 i 4! 04j1 Ill I el C i) I. OW E 44b7 V GINN °A„ OW t/L'ii* Iit O iiiimilli O iii DR i ", ...<. 3p 0 Z> o x IL A 4 E El H DAKOTA ST. Ili log iiith :.:.:.:.:.:.:.:. .:.:.:.:.:.:.:. • 1llll ion s V 0 0 40 1 City of Tigard Planning Department . • • EXHIBIT B Source: MLP 94-000 file. br a h 7 .Q QO -4'o- 1 c410 itanal Alla!NON -) s06-4-4,14)- As o u srsrc�'a :NL�T , �_�``��// 2 -- , 610 Ie„ y fO�'QT= �1•_ �lS c 2169? o • 27� F �a • - °2 3 s 14n� • 1• - .......•-• „F-I -. 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'ii ' z i- • v_ •b m nows.•■•••ow.so ow aleas arms mmmmmm.mmm maw sum mamma Spa�s1�wimp=ium Is srimim a i�srer�mnitiw 't a�mew ,C21.5" K• • • lislwi owl w ,Nc:14011111 < +Ea 110 W i F-- Lc) - C c\I a) -t TARPAN Alli, v__ -- cli IIIIIIS RD a)CD SGHO■LLS FE ''RR Z c- c � � �� ° a�9e � � =o L °-P� � I (PD)� � a 44/ SPRING w 4I2t m DR R-25_' ■•■, Too, `lir cis. .(-5 1 I. °w 11111111111111 1 INOte Vicinity Map is not to scale N+ EXHIBIT F Source: CPA 95-00411ZON 95-0003 file. MACKENZIE ENGINEERING INCORPORATED CIVIL • STRUCTURAL • SURVEYING • TRANSPORTATION 0690 SW.BANCROFT STREET • PO BOX 69039 PORTLAND.OREGON 97201-0039 • (503)224-9560 • FAX(503)228-1285 June 5, 1995 Washington County • Land Use and Transportation Attention: Scott King 155 North First Avenue, Suite 350 1rillsboro,Oregon 97214 Re: Pacific Crest Zone Change Scholls Ferry/North Dakota Traffic Conditions Project Number 294149 Dear Mr.King: Mackenzie Engineering Incorporated has reviewed traffic conditions anticipated at the intersection of Scholls Ferry Road and North Dakota Street with development of the Pacific Crest site at the southwest corner of the intersection. The scenarios reviewed include existing traffic conditions before development of the site and 1995 and 2005 conditions with and without the proposed zone change on Parcel 3 from C-P to C-G. Our previous trip generation comparison indicated that under worst case scenarios,the existing zoning would actually generate more trips than the proposed zoning. Traffic volumes for 1995 were estimated from summer 1994 counts with in-process traffic added for US Bank and Jiffy Lube and traffic generated from the Pacific Crest site This includes the planned . veterinarian office and bank and the"worst case"scenarios for Parcel 3. With existing C-P zoning,Parcel 3 could support a 2,800 s.£ convenience market and a 5,300 s.£Motor Vehicles Department office. Under - the proposed C-G zone,the DMV office would be replaced by a video store. Washington County staff provided EMMEJ2 model runs for 2010 projected traffic volumes and 1985 volumes. The 2010 volume projections for Scholls Ferry are below the PM peak hour traffic counts conducted by MEI staff during the summer of 1994. To estimate the 2005 traffic volumes,the growth rate anticipated between 1985 and 2010 was applied to the 1994 traffic counts. This growth rate was found to • be approximately 5%per year. The recent growth rate along Scholls Ferry Road has been 7%. The 5% rate was used for long term growth since the 7%rate is reflective of high levels of development in recent years and increased traffic due to the improvements completed on Scholls Ferry Road. • Intersection capacity calculations were prepared utilizing NCAP software which simulates the 1985 Highway Capacity Manual. The calculation accounts for the existing PM signal timing on Scholls Ferry Road. The table below presents the intersection level of service as well as volume to capacity ratio(V/C) and average delay for the existing and proposed zones in 1995 and 2005. The signal progression system currently operating on Scholls Ferry provides a low average delay for through traffic. Traffic volumes projected for 2005 result in intersection demand significantly over capacity. These results, although shown,are not reliable. Several variables may affect future operation of the intersection including a constant growth rate of 5%,how planned roadway improvements will affect Scholls Ferry traffic,and F:\WPDATA\91-06194149■O5L1.SK • • • Scott King Project Number 294149 June 5, 1995 Page 2 what improvements if any may be constructed on Scholls Ferry Road such as a third lane or intersection improvements. Some of the planned improvements which may reduce Scholls Ferry traffic include the Murray Boulevard Extension/Walnut improvements and SW 125th Extension to Hall Boulevard Intersection Capacity and Level of Service Scholls Ferry Road at North Dakota Street Scenario V/C Delay LOS* 1995 C-P Zone 0.993 32.2 D 1995 C-G Zone 0.987 30.5 D 2005 C-P Zone 1.63 >60 F 2005 C-G Zone 1.62 _ >60 F *Level of Service is based upon average delay. • The intersection of Scholls Ferry Road at North Dakota Street will experience demand in excess of its capacity within the next few years. The traffic increases will be attributable to development over a large area of Tigard and Beaverton, not one specific project,as Scholls Ferry is a major arterial roadway. The . costs of any improvements which may be constructed on Scholls Ferry Road should be shared with all new development in the area. If you have any additional questions please call me at 224-9560. Sincerely, 441-6LYSL t.c\ pqop._ :xe ) •#10505 9 ''i:� Brent Ahrend � � � r Traffic Analyst ' BTA.sk O ��,r �s.`9V�.� Enclosures 9`/O G. L P�5 c: Ray Valone,Michael Anderson-City of Tigard Dan Boyden-Pacific Crest Richard Allen-Ball Janik&Novack F:1WPDATA\95-06\94149OO5 LI.SK • • 6 III 0 0 O Z Scholis Ferry Rood % SITE, B 00, 01 I IL 661 `` 158 1014--+ .--1660 75-.,,, f 85 t OU3 VI Ian CO N 1j 14 0 -so,R a © Ci n FIGURE 1 DRAWN BY: DMB EXISTING 1994 CHECKED BY: BTA PM PEAK HOUR TRAFFIC DATE: 6-5-95 JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF Civil • Structural • Transportation 0690 S. W. Bancroft Street • P.O. Box 69039 MACKENZIE ENGINEERING INCORPORATED Portland. Oregon 97201-0039 I I I I 1995 ALL RIGHTS RESERVED Phone: (503)224-9560 • FAX: (503)228-1285 • • v 0 O a L O Z Scholls Ferry Rood • � SITE � B 141 tn 90— \,1 192 90� 1,`` 192 983—+ 1608 983— ..-1608 tatti r 152 132ti ,— 139 \ tP \ 1r 0 33 in N 33 co in n to � 1 1j 168--"" 1 146 34�N I 37�N © vo © vo Existing Zoning Proposed Zoning DMV VIDEO FIGURE 2 DRAWN BY: DMB 1995 TRAFFIC CHECKED BY: BTA PM PEAK HOUR DATE: 6-5-95 JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF Civil • Structural • Transportation 0690 S. W. Bancroft Street • P.O. Box 69039 Q WCKENZ1E ENGINEERING INCORPORATED Portland. Oregon 97201-0039 1995 AU. RIGHTS RESERVED Phone: (503)224-9560 • FAX: (503)228-1285 o 0 Y C) t y L , • Scholls Ferry Road ■ SI TES B Cf3 CM 03 In N m N N fn CO NI in N • 11L � ! L 137— `` 304 137--° "— 304 1703-0. •--2787 1703-0. • 2787 194-.‘! r — 212 185 ti� I — 199 O `qr at ILA ^ g N V' N hN in 168—• 146—' ti 34 t ti 1 I 37 � I '431 vIn 40 Existing Zoning Proposed Zoning DMV VIDEO FIGURE 3 DRAWN BY: OMB 2005 TRAFFIC CHECKED BY: BTA PM PEAK HOUR DATE: 6-5-95 JOB NUMBER:294149 MACKENZIE ENGINEERING INCORPORATED SHEET OF Civil • Structural • Transportation —' 0690 S. W. Bancroft Street • P.O. Box 69039 ©MACKENZIE ENGINEERING INCORPORATED Portland. Oregon 97201-0039 1995 ALL RIGHTS RESERVED Phenw- (5031721-0SRA • FAX: (5031778-1285 41% • • WASHINGTON IhipCOUNTY, OREGON June 8, 1995 Ray Valone City of Tigard Planning Department 13125 SW Hall Blvd. Tigard, OR 97223 Re: CPA 95-0002/VAR 95-0003 - PACIFIC CREST PARTNERS Thank you for the opportunity to review and comment on this plan amendment proposal. As I noted in my May 16 letter, the County's interest in this proposal is limited to its impact on SW Scholls Ferry Road, a County major arterial. To review the impact on this facility, the County relies on findings based on OAR 660-12-060 (Plan and Land Use Regulation Amendments) from the Transportation Planning Rule (TPR). To address this TPR requirement, the applicant's consultant (Ma) has provided the County with a traffic analysis (dated June 5th) which identifies the impact this proposal would have on the planned County transportation system for year 2005. This analysis is based on a reasonable worst case site development scenario for both the existing zoning and the proposed zoning. Specifically, these worst case scenarios are 1) Existing zoning (CP) = 2800 s.f. convenience market and a 5300 s.f. Motor Vehicles Department office; and 2) Proposed zoning (CG) = 2800 s.f. convenience market and a 5300 s.f. video store. I note that these square footages only add up to 8100 s.f. and not the 8400 s.f. of space assumed to date. Whether or not this incongruity is simply a typographical error or is the wrong site size, I do not believe the discrepancy is significant because the difference in the extra 300 s.f. should be proportionally higher for each scenario resulting in an equivalent relative impact While these worst case scenarios have been discussed at length between city and county staff, I must rely on the City's interpretation of their code as it relates to reasonable worst development. Assuming the reasonable worst case development scenarios are an accurate reflection of allowed land uses for the site, the County finds that the proposed plan amendment will not have a significant effect on the planned County transportation system. Year 2005 deficiencies in this area are due to effects of traffic growth based on the current land use system. The analysis shows that this proposal will not make the planned system any worse than it would be with no plan amendment. Therefore, the county has no objections to this plan amendment request. If you ha any questions regarding these comments, please call me at 681-3961. L'u`.V Scott IGng Senior Planner c: Mark Brown Brent Ahrend Department of Land Use and Transportation, Planning Division Phone: 503/640-3519 155 North First Avenue Hillsboro,Oregon 97124 FAX# 503/693-4412 41 14A, _ JAN 2 3 ?J:i: • M • O • T. • O • R • C • O • 180 W. First Street, Dundee, OR 97115 C0 t. ;r cTy _,s_a,;',':`: fe y 538-7760 • FAX 538-8923 • January 22, 1996 Tigard City Council 0 13125 SW Hall Boulevard PO Box 23397 Tigard, OR 97223 Re: Pacific Crest Partners and Providence Health Systems- 'Zone Change 'ZON 95-0007, Plan Amendment CPA. 95-00005 Dear City Council Members: My name is Dan Spriggel, I 'm sorry I am unable to attend this meeting. I am a local business man in Tigard who owns a video store in the. immediate area of this project. I have been in opposition of this proposal in its previous form when it was denied, and have opposed this current application at the the planning commission level. Dan Boyden from Pacific Crest Partners and I have come to an understanding about my concerns pertaining to this application. I am withdrawing from my position in opposition to his application. However, I would like this letter to enter into the record showing my statement, and that I have included a copy of Rob Bernsteins report showing traffic issues at the planning commission meeting on December 18, 1995. I would not like to see a large commerical use at this location such as a national chain video store as earlier proposed. I acknowledge that the present application does not include a variance nor does the applicant contemplate any uses that would require such a variance. In the event such a variance were to be applied for, I will vigorously oppose it and expect the city to deny such an application based on the traffic safety issues, and because of other adverse impacts to the safety and. livabilty to the surrounding neighborhood. Again I would. like to thank Ray Valone and his staff for they have been very helpful thoughout this whole process. Sincerely, . Dan Spriggel • Pi :. • • P R E S T O N G A T E S & E L L I S A T T O R N E Y S D A N I E L H . K E A R N S D I R E C T L I N E (503) 2 2 6-5 7 0 7 • December 18, 1995 • Tigard City Planning Commission . 13125 SW Hall Boulevard P.O. Box 23397 Tigard, OR 97223 • Re: Pacific Crest Partners and Providence Health Systems - Zone Change ZON 95-0007, Plan Amendment CPA 95-00005 Our file no. 34990-00001 Dear Planning Commission Members: I represent Dan Spriggel and submit the attached memorandum in opposition to the zone change and plan amendment application by Pacific Crest Partners and Providence Health Systems. Also attached is a letter from Robert Bernstein, a Traffic Engineer, analyzing the traffic and transportation impacts of the proposal and critiquing the traffic information submitted by the applicant. Please include these materials into the record of this matter. • I apologize for submitting this memo on the evening of the hearing, but I did not receive a copy of the staff report until last Thursday evening - less than the 7 days per-hearing required by ORS 197.763(4)(b). In order to allow myself more time to fully evaluate the staff report and to allow you an adequate amount of time to review the attached memo, I request a continuance of this hearing. Thank you. Sincerely, Daniel H. Kearns Enclosure cc: Ray Valone,.City Planning • J:1DH K\34990-00.0011PC L ET 1.DOC • • • • A PARTNERSHIP INCLUDING'A PROFESSIONAL CORPORATION A N C H O R A G E • C O E U R D A L E N E • LOS ANGELES • SEATTLE • SPOKANE • TACOMA •WASHINGTON. D.C. 3200 U.S. BANCORP TOWER I 11 S.W. FIFTH AVE. PORTLAND,OREGON 97204-3688 PHONE:(503)228-3200 FACSIMILE:(503) 248-9085 • • o BEFORE THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON In the matter of an application to amend the ) Comprehensive Plan map on Parcels 1 and 3 of ) MLP 94-0013 from Commercial Professional to ) Neighborhood Commercial and change the zoning ) from C-P to C-N; and amend the comprehensive ) MEMORANDUM OF DAN Plan map on property at the southeast corner of ) SPRIGGEL IN OPPOSITION TO SW Scholls Ferry Road and SW North Dakota ) THE APPLICATION Street from Neighborhood Commercial to ) • Commercial Professional and change the zoning ) from C-N to C-P. ) ) File numbers ZON 95-0007 and.CPA 95-0005 -) INTRODUCTION This is the second proposal by this applicant for this property.' The first time (CPA 95- 0002/ZON 95-0003) the applicant proposed zone change for Parcel 3 from Commercial- Professional (C-P) to General Commercial (G-C) for an 8,400 sf Hollywood Video store. Both the planning commission and the city council denied the application. The present iteration of the proposal is not specific to a Hollywood Video (although that is the likely objective) and proposes to change Parcel 3 from C-P to Commercial-Neighborhood (C-N). The proposal now involves a second parcel (Parcel 1) across North Dakota Street that is presently zoned and planned C-N. Thus the proposal is to swap the zoning designations to give Parcel 3 a designation that would allow a host of neighborhood commercial uses, including a video store.2 Dan Spriggel owns and operates the Video Rack video store located approximately 100 yards from the subject site. Mr. Spriggel has two objectives in opposing this proposal. First, he wishes to prevent a large-sized national chain video store from locating close to his small neighborhood video store. Second, he opposes any land use proposal that will exacerbate an already congested street and dangerous intersection and which would force a significant stream of traffic to infiltrate into the residential neighborhood to the south of the site. Specifically, the proposal has the following legal defects: 1 Even though Providence Health Systems is an applicant for this proposal,this memo refers to Pacific Crest Partners as the"applicant"because that party is the primary proponent for the proposal. The proposal does not affect Providence Health.Systems in any meaningful way. 2 The applicants have not requested a variance from the 4,000 sf maximum store limitation of the C-N zone. However,given that a 8,400 sf video store still appears to be the ultimate objective,a variance request should be expected if the present application is approved. Page 1 - OPPONENT'S HEARING MEMORANDUM (Dan Spriggel) • • 1. Lack of capacity at the Scholls Ferry Rd/North Dakota St. intersection: The Scholls Ferry Rd/North Dakota St. intersection is at a failing level of service (LOS) and thus there is not sufficient capacity to serve this proposal. Approval would violates Statewide Planning Goals 11 and 12, the Goal 12 Transportation Planning Rule and Tigard Comprehensive Plan Policies 8.1.1 and 12.2.1. 2. Traffic infiltration into the residential neighborhood: Due to the site's exceedingly close proximity to Scholls Ferry Road, even moderate levels of traffic will find it difficult to turn left out of this site. Instead, traffic exiting the site will frequently be forced to turn right (south) and infiltrate into the residential neighborhood to the south in order to get back to Scholls Ferry Road. Approval would violate Tigard Comprehensive Plan Policies 5.4 and 12.2.1. 3. Inadequate parking and creation of a traffic safety hazard: Due to the site's size and configuration, any parking problem or circulation slow down will cause traffic to back-up into North Dakota Street and will quickly impact the Scholls Ferry Road intersection. The applicant did not even address this important traffic safety issue, verify that there was adequate parking nor provide any plan as to circulation within the parking lot: Approval would violate Tigard Comprehensive Plan Policies 8.1.1 and 12.2.1. DISCUSSION • As a preliminary matter, we request a continuance of this hearing because the staff report was not made available at least seven days pre-hearing as required by ORS 197.763(4)(b). I received my copy of the staff report by fax on the evening of Thursday December 14, 1995, and have had very little time to analyze the report and prepare a response to the staffs positions. Not only would my client benefit from more time to review the proposal and prepare a response, but the planning commission too would benefit from a more thorough and better thought-out response and an adequate amount of time to review our report. As such, we request a continuance. . 1. TRAFFIC CAPACITY AND CONGESTION: The site for this application(Parcel 3) is located at an intersection that both the applicant and planning staff admit is at a failing level of service. The only traffic information submitted by the applicant was a June 5, 1995 letter from MacKenzie Engineering, based on traffic counts taken in the summer of 1994. Even though this information is way out of date, the applicant admits the Scholls Ferry Rd./North Dakota St. intersection is, or soon will be, at a failing level of service. Everyone admits that the level of service will be failing by the year 2005. Having made this determination, the applicant takes the surprising position that any further traffic at the intersection cannot possibly make things worse than they already are. The applicant is wrong. Even though the'Scholls Ferry Rd./North Dakota St. intersection is congested, adding more traffic to the intersection can and will make the safety and functioning of the intersection substantially worse and more dangerous. An intersection with a failing LOS can still function Page 2 - OPPONENT'S HEARING MEMORANDUM(Dan Spriggel) lik • with some degree of safety; however, adding to the congestion, adding to the queuing lengths and adding to the waiting time for turning movements all convert a merely congested intersection into a hazardous, congested intersection. The applicant's traffic engineer quotes some trip generation figures for what it characterizes as a "worst case scenario." From this the applicant concludes that the traffic situation should, by definition, be better under the proposed zoning than its current designation. Again, the applicant is wrong. Published national average trip generation figures are meaningless in the context of this application. Specific trip generation rates for specific uses are the only means for predicting the likely traffic impact of this proposal on this intersection and street system. As an illustration of this, the applicant had previously stated the proposed Hollywood Video would generate 98 trips per hour at peak, based on published average estimates. In response, Mr. Spriggel submitted actual traffic counts from a Hollywood Video of the same size that were 50% to 100% higher than the estimates presented by the applicant's engineer.3 Given the already congested condition of this intersection, the difference in traffic generated will have a disproportionately greater impact on the safety and functioning of the intersection. • The lesson for the city is that it cannot rely on published average trip generation figures, but instead must focus on actual trip generation for specific uses at this site. The only mechanism by which the city can do this is to impose a strict limitation on the trip generation for uses on the site. This could take the form of a condition imposing a trip generation limitation or strictly enforcing the 4,000 sf gross floor area limitation for uses at the site. 'See Tigard Community Development Code §18.60.045(A)(2). • As proposed, however, the application violates the following-criteria in state law and the. city's comprehensive plan: Statewide Planning Goal 11:4 Goal 11 (Public Facilities and Services) requires that there be adequate public facilities in place to serve anticipated development. This means that all public facilities, including traffic facilities and transportation infrastructure, must have adequate capacity to accommodate the demand anticipated from the proposed development. In this case, staff admits that traffic facilities and transportation infrastructure are over capacity, but recommends approval because the proposal may not significantly exacerbate the current bad situation. The staffs and applicants response begs the issue and fails to establish that there are adequate public facilities to serve this proposal. In fact, unless the applicant can demonstrate there is adequate capacity in Scholls Ferry Road and the intersection with North Dakota Street, this application must be denied. Even though it may appear harsh to deny a proposal for an 3 The applicant's trip generation estimates were set forth in a May 25, 1995 letter from MacKenzie Engineering,and Mr. Spriggel's actual traffic counts were set forth in a letter from Robert Keech. Copies of both letters are attached. 4 Neither the applicant nor the staff addressed the statewide planning goals,even though they are applicable approval criteria. See ORS 197.175 and 197.610. . Page 3 - OPPONENT'S HEARING MEMORANDUM (Dan Spriggel) . • 414 • existing circumstance, that is the necessary result until some correction is made to alleviate the congestion of this intersection. Statewide Planning Goal 12 and the Transportation Planning Rule: Goal 12 (Transportation) and its administrative rule - the Transportation Planning Rule (TPR) - govern how local governments plan for traffic infrastructure and transportation facilities. See OAR 660-12. In particular, section 660-12-060(1) of the TPR provides that: Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. This shall be accomplished by either:5 (a) Limiting allowed land uses to be consistent with the planned function, capacity and level of service of the transportation facility; (b) Amending the TSP to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; or (c) Altering 'land use designations, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. This state law requirement applies to local plan amendments, such as this one, and directs the city to consider the planned capacity of Scholls Ferry Road and its intersection with North Dakota Street. In order to preserve the function and planned capacity of this transportation facility and intersection, the city must take one or more of the steps'quoted above from OAR 660- 12-060(1). . This could be accomplished by imposing a limitation on the number of vehicle trips that can be generated by any of the uses allowed on the site or by the site as a whole. Tigard Comprehensive Plan Policy 8.1.1: Policy 8.1.1 requires the city to plan for a safe and efficient street and roadway system that meets current needs and anticipates future growth and development. Allowing any development or redevelopment of this site that would exacerbate an already failing intersection violates this policy. Consequently, the only way the city can come close to complying with this policy(assuming it can be complied with at all in this case) is to place a strict limit on the traffic that could be generated by any of the uses on the site (or by the site as:a whole). . The staff report incorrectly relies on the applicant's citation to published average trip generation figures for a supposedly "worst case situation." Staff is not troubled by the applicant's trip generation claims because the intersection is already at a failing LOS. The applicants and 5 Under the TPR,a plan or land use regulation amendment significantly affects a transportation facility if, among other things, it"[a]llows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility.".OAR 660-12-060(2)(c). Approval of this application would allow traffic levels and access problems inconsistent with the planned classification of Scholls Ferry Road and North Dakota Street. . Page 4 - OPPONENT'S HEARING MEMORANDUM(Dan Spriggel) . . 1 . .0 • • staff misinterpret Policy 8.1.1 as precluding approval only when an application would place an intersection beyond capacity. That is not what the policy says. Policy 8.1.1 requires the city to plan for an adequate transportation system, and approval of this application, even if the applicants' predictions were true, would violate the policy. Tigard Comprehensive Plan Policy 12.2.1: Policy 12.2.1 imposes a series of site specific requirements including that the application shall not create congestion or a traffic safety problem. In point of fact, many of the uses that would be allowed under this proposal would significantly worsen the congestion and increase the traffic safety hazard of this intersection. Consequently, . compliance with this policy can only be assured if the city imposes a condition that limits the traffic generation of the uses at this site. Such an approach is specifically allowed by the TPR. See OAR 660-12-060(1)(a). 2. TRAFFIC INFILTRATION INTO RESIDENTIAL NEIGHBORHOODS: One of this site's significant problems, from a traffic/transportation perspective, is the short distance between the driveway and the Scholls Ferry Rd./North Dakota St. intersection. The short distance leaves a queue length of only 6 or 7 cars for vehicles turning left onto Scholls Ferry Road. Once the queue is full, traffic exiting the site and attempting to get back onto Scholls Ferry Road will not be able to turn left, but will (and do) turn right onto North Dakota and pass through the residential neighborhood to connect with Scholls Ferry Road via 121st Avenue. This situation • creates unwanted commercial traffic infiltration into the surrounding residential neighborhood in violation of the following approval criteria: Tigard Comprehensive Plan Policy 5.4: Policy 5.4 requires that the city ensure that new commercial and industrial development not encroach into residential areas. This proposal will have precisely that effect by sending a large volume of customer traffic exiting the site into the residential neighborhood to the south as it attempts to get back onto Scholls Ferry Road. Tigard Comprehensive Plan Policy 12.2.1: Policy 12.2.1'imposes a series of site specific requirements including that the application shall not create congestion or traffic safety problems, that it will not direct traffic through local neighborhood streets and will protect the privacy of adjacent noncommercial uses.. In point of fact, the proposal will, force significant infiltration of commercial traffic into and through the residential street network to the south as customers, unable to turn left onto North Dakota Street, will turn right in an attempt to get back onto Scholls Ferry Road. This commercial traffic should be directed to Scholls Ferry Road and not through the residential neighborhood streets. This infiltration will create traffic safety hazards for pedestrians and bicyclists in the neighborhood and will reduce the level.of privacy the neighborhood would otherwise enjoy. • 3. PARKING AT THE SITE AND CONFLICTS WITH THE SCROLLS • FERRY ROAD/NORTH DAKOTA STREET INTERSECTION: Traffic turning off of Scholls Ferry Road onto North Dakota Street and into the site must be able to quickly move into the parking lot and find a.parking space. Any delay in entering the. Page 5 - OPPONENT'S HEARING MEMORANDUM(Dan Spriggel) - . parking lot will cause a queue to form on North Dakota Street entering the site and back-up traffic toward the Scholls Ferry Road'intersection. As already mentioned, this queue length is only 6 or'7 cars long before the traffic is backed-up into the Scholls Ferry Rd./North Dakota St. intersection. Despite this very real danger, neither the applicant nor planning staff assessed the parking needs of the proposal or inventoried the availability of parking at this site, and, as such, this application violates the following approval criteria: Tigard Comprehensive Plan Policy 8.1.1: Policy 8.1.1 requires the city to plan for a safe and efficient street and roadway system that meets current needs and anticipates future growth and development. To approve a land use application without assessing parking, especially where inadequate parking or poor parking lot circulation would create a substantial traffic safety hazard, violates this policy; At a minimum, the applicant should be required to analyze the parking demand and supply and to address the circulation of the parking lot and establish to the planning commission's satisfaction that the site is safe. Absent such a showing, this policy is not met by this application. . . Tigard Comprehensive Plan Policy 12.2.1: Policy 12.2.1 imposes a series of site specific requirements including that the application shall not create congestion or traffic safety problems. As just described, there is a very real traffic safety hazard should traffic attempting to enter the site be delayed by poor parking lot circulation or a lack of parking spaces. To approve this application.:without first addressing this parking, parking lot and traffic safety issue violates this policy. CONCLUSION • First, we request a continuance of this application to another hearing date to allow us an adequate amount of time to analyze the staff report which was not available seven days before the hearing as required by ORS 197.763(4)(b). A continuance would also afford the planning commission and the applicants additional time to analyze the above-mentioned points. In any event,the planning commission should recommend denial of this application to the city council for the above-mentioned reasons. Finally, should the planning commission opt to approve the application, it should only do so with a condition limiting the traffic generation of any use on the site (or.of the site as a whole) to a level that will assure continued safe operation of the Scholls Ferry Road/North Dakota Street intersection and which will protect the surrounding residential neighborhood. Respectfully submitted this 18th day of December, 1995. PRESTON GATES & ELLIS • • . . • Daniel Kearns, OSB #89395 • Attorney for Dan Spriggel J:10HK134990.00.0011PCM M1.DOC • Page 6 - OPPONENT'S HEARING MEMORANDUM(Dan Spriggel) , 95-12-18 14:54 ROBERT BERNSTEIN P.2 ROBERT BERNSTEIN, P.E. Consulting Transportation Engineer/Planner 507- 18th Avenue East (206) 325-4320 Seattle,Washington 98112 fax[206) 325-4318 December 18, 1995 0 • • Mr. Daniel Kearns • Preston Gates&Ellis 3200 US Bancorp Tower • • 111 SW 5th Ave Portland, OR 97204-3688 Subject: Review of Traffic Issues Related to Pacific Crest Partners' Proposed Zone Change in Tigard,OR (Preston Gates&Ellis File No. 34990-00001) Dear Mr. Kearns, I have reviewed and evaluated the traffic analyses and issues associated with the proposed zone change of the property on the southwest side of the SW Scholls Ferry Rd/SW North Dakota St intersection in Tigard. I have reviewed applicable reference materials, as well as the background information provided by you(see attached list of references), and I have visited the site. My qualifications are documented in my resume, which 1 have provided previously for your information. I have Bachelor's and Master's degrees in Civil Engineering, and I am a registered professional engineer in Oregon, Washington, and California. I have 19+years of transportation planning and traffic engineering experience, including five years with the City of Portland and seven years as Senior Transportation Engineer with the Puget Sound Council.of Governments. In these positions and as a private consultant, I have conducted numerous regional and subregional travel demand forecasting, traffic analysis, and neighborhood traffic management studies. Based on my review and assessment of the available traffic/transportation-related information, I have the following comments. CONCLUSIONS 1. The zone change,decision to be rendered in this case (denial or approval with conditions) should have as its ultimate goal to minimize the traffic generated by the development or redevelopment at the subject property. R.-95% 206 325 4318 12-18-95 02:40PM P002 #03 • .'95-12-18 14:54 ROBERT BERNSTEIN �• Mr.Daniel Kearns December 18, 1995 Page 2 Increasing traffic volumes and imminent level of service(LOS) "F" conditions at the Scholls Ferry Rd/North Dakota St/125th Ave intersection indicate that adequate public facilities are not available for any Anther development or redevelopment at the subject property. Regardless of the source of the increasing traffic (regional, local), the level of congestion at the intersection will have two main implications for the subject property: i) even small amounts of additional site-generated traffic will significantly exacerbate congestion and delay, and ii)the intersection congestion and delay encourages site traffic to divert to alternate access/egress routes on neighborhood streets in the surrounding residential areas. 2. An adequate number parking spaces must be available for the parking demand generated by the business or businesses that locate at the subject property. (To my knowledge, parking demand/supply and the impacts of parking lot operations have not been addressed by anyone to date.) Whenever parking demand nears the capacity of the lot, there will be serious circulation and congestion problems in the lot and on adjacent streets, and there will be increasing "spillover" parking and traffic diversion/infiltration on neighborhood streets. As parking demand. approaches lot capacity, it becomes increasingly difficult for motorists to quickly find an available space in a convenient location, and traffic congestion in the lots, at lot driveways, and on adjacent streets is exacerbated by motorists circulating into, out of, and through the parking lots searching for an available space. DISCUSSION • Traffic Generation • Many of the uses allowed in the requested C-N zone are the same as uses allowed in the existing C-P zone. Uses that are permitted outright in the requested C-N zone but not in the existing C-P zone include consumer repair services, convenience sales and personal services, food and beverage retail, and professional and administrative services. Traffic generation rates of the businesses and activities within these categories vary, and the traffic generation potential of the site is dependent on the specific tenant, not.so much on whether the underlying zoning is C-P or C-N (some C-N uses generate more traffic than some C-P uses and vice versa). For this reason, minimizing and mitigating the traffic impacts of the subject property must focus on the specific user. • • Due to the variation in generation rates, careful and critical attention must be paid to the traffic generation estimates used in site traffic analyses. For example,the Applicant's traffic analysis estimates the p.m. peak hour traffic generation of a 5,600-82 Video Store to be 98 trips, while at an existing 5,400412 Hollywood Video in Tigard, over 200 p.m. peak hour trips were counted. • Robert Bernstein,P.E. Consulting Tr.►nsportatinn F:nilnccr/Plunner R-94% 206 325 4318 12-18-95 02:40PM P003 #03 .'95-12-18 14:55 ROBERT BERNSTEIN I . - Mr.Daniel Kearns , December 18, 1995 Page 3 Parking Availability and Parking Lot Operation • As parking demand approaches lot capacity,it becomes increasingly difficult for motorists to quickly find an available space in a convenient location. As a result, spillover parking in the surrounding neighborhoods increases dramatically. In addition, traffic congestion in the lots, at lot driveways, and on adjacent streets is exacerbated by motorists circulating into, out of and through the parking lots searching for an available space. • With the limited queue storage capacity on North Dakota St between the parking lot driveway and the Scholls Ferry Rd signal (6 - 7 vehicles), there will be frequent and extended blockage of the driveway. (At 11:00 a.m. on a rainy Thursday morning, I observed several 6-vehicle queues that extended south from Scholia Ferry to the driveway.) Blockage of the driveway during periods of peak site usage will make left turns out of the lot difficult or impossible, which will force/encourage many motorists to turn right and drive through surrounding neighborhoods on residential streets in order to get around the driveway-Scholls Ferry bottleneck. In addition, driveway blockage will create congestion in the lot itself, which will create queues on southbound North Dakota St at the lot entrance. Such queues can quickly back up to Scholls Ferry, creating congestion and safety problems at the intersection. • It should be noted that the code required number of parking spaces is not necessarily sufficient to meet the parking demand generated by some uses. Traffic Operations • At a signalized intersection, LOS F is reached when average delay exceeds 60 seconds per vehicle. Even though LOS F is the "worst"LOS (there is no LOS "F-" or"G"), congestion can and does grow significantly worse as traffic volumes increase beyond the point at which LOS F conditions are reached. In fact, delays and congestion grow much worse more quickly with less additional traffic when an intersection is already at or above capacity. For this reason it is irresponsible• to suggest that because the Scholls Ferry/North Dakota/125th intersection is at LOS F, site traffic generation is no longer a serious consideration; additional site traffic will significantly increase delays at the intersection. • Because Scholls Ferry Rd is a main arterial, traffic signal timing is designed to facilitate through traffic movement. In response to increasing Scholls Ferry Rd volumes and escalating delays and congestion, the signals on Scholls Ferry may be given longer signal cycle length and more green time may be given to Scholls Ferry traffic. Longer cycle lengths provide additional intersection capacity, but the longer red signals will result in longer queues. Shifting green time from sidestreets to Scholls Ferry also shifts capacity from the • Robert Bernstein,P.E. Consulting Trans pnri:rHon Engineer/Planner R-9436 206 325 4318 12-18-95 02:40PM P004 #03 • ''95-12-18 14:55 ROBERT BERNSTEIN P•5 • Mr Daniel Kearns December 18, 1995 Page 4 • sidestreets to Scholls Ferry and increases queue length and duration on sidestreet approaches. • The Applicant's traffic analysis did not provide estimates of queue lengths and duration of queuing periods, and neither did it analyze and evaluate the impacts of queuing on access, circulation, and traffic operations on the site and in the surrounding neighborhood. Without such an analysis, the Applicant's traffic-related conclusions are not complete. Also, it should be noted that inherent in the intersection capacity/LOS analysis methodology used by the Applicant is the presumption that traffic can move into and through the intersection when there is a green signal. During episodes of parking lot congestion, however, queues at the lot entrance may prevent traffic from moving through the intersection as anticipated by the capacity/LOS computations. Because the methodology ignores the resulting capacity reductions and delays, the Applicant's traffic analysis understates the impact of site development. • The Scholls Ferry/North Dakota St/125th Ave intersection is the main arterial system access point for a large residential neighborhood. Congestion and delay at the intersection degrades the accessibility of the neighborhood for its residents, and site activity and congestion will make local everyday access even more difficult. • Diverted site traffic will interfere with local access and circulation, and it will degrade livability in the residential neighborhoods surrounding the site south of Scholls Ferry Rd. If you have any questions, or if you require further assistance,please call me. Sincerely, • Robert Bernstein,P.E. • Robert Bernstein. Consulting T.uwporlatinn Engineer/Planner R-95% 206 325 4318 12-18-95 02:40PM P005 #03 • , '95-12-18 14:56 ROBERT BERNSTEIN P.6 r IMr_Daniel Kearns December 18, 1995 Page) REFERENCES 1. Tigard Development Code: Neighborhood Commercial District, General Commercial District, and Professional/Administrative Office Commercial District Sections(pp.121 - 133) 2. City of Tigard Resolution No.95-34 and City Council Final Order, July 11, 1995 ' 3. City of Tigard Comprehensive Plan Amendment CPA 95-0002/Zone Change ZON 95-003 Application 4. Hollywood Video Store Trip Generation Survey, Traffic Smithy, July, 1995 5.• June 5, 1995,letter from MacKenzie Engineering to Washington County Department of Land Use and Transportation 6. May 25, 1995,letter from MacKenzie Engineering to Washington County Department of Land Use and Transportation 7. Specl�" 1 Report No. 209 Highway Cam itv Manual,Transportation Research Board,3rd Edition,Updated 1994 8. Trip Generation. h Edition, Institute of Transportation Engineers, 1991 9. Parking Generation, 2nd Edition, Institute of Transportation Engineers, 1987 Robert licrnatMn.P.E. . Consulltng Trnraportniinn E natneer/Planner . R-93% 206 325 4318 12-18-95 02:40PM P006 #03 MACKENZI GINEERING INCORPORATED fib CIVIL • STRUCTURAL • SURVEYING • TRANSPORTATION C690 SW BANCRCFT STREET • O.3Cx 69039 2 PORTLAND. CRE3CN 97201-1.',C39 • 15031 124-9560 • FAx'5031 229.1295 RECEY May 25, 1995 Vi AY 2 6 1995 CITY OF, TIGARD Washington County Land Use and Transportation Attention: Scott King 155 North First Avenue, Suite 350 Hillsboro, Oregon 97214 Re: Pacific Crest Zone Change • Traffic Generation Comparison Project Number 294149 Dear Mr. King: In response to City of Tigard comments regarding the allowed uses in Parcel 43 with the ' proposed zone change to General Commercial (C-G),.Mackenzie Engineering Incorporated (MEI) has reevaluated the maximum trip rates allowed under existing C-P and proposed C-G zoning. The City proposed a worst-case scenario under the proposed zoning be analyzed which would include a 2800 s.f convenience store and a 5600 s.f video store. Under existing zoning, the highest PM peak hour trip generation for the 8400 s.f building would include a 3100 s.f. Convenience Market and a Motor Vehicles Department Office. The trip rates were found to be higher under existing C-P zoning than the proposed C-G zoning as shown in the table below. • PM Peak Hour Trio Generation Estimates -Parcel 43 PM Peak Hour Zoning Uses Enter Exit Total I : Existing C-P Convenience Market 143 143 286 DMV Office • Proposed C-G Convenience Market 124 124 243 Video Store • Higher trip rates would also result from a Day Care Center or a Bank instead of the DMV office :_. under C-P zoning. Trip generation was estimated utilizing rates published in the Institute of Transportation Engineers (1'1E) Trip Generation, Fifth Edition and MEI observed rates for a video store. The ITE rates used include Convenience Market (851), DMV Office (731), Day Care(565), and Walk-In Bank (911). Calculations for theses scenarios are attached. F::WPDAT a`9.1-05t94149'_SL1.KC • • i 1 Trip Generation ITE LAND USE VAR RATE ADT AM AM PM PM PM Enter Exit Enter Exit Total OPTION Al 851 Cony. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150 731 State Mtr Veh Dept KSF 5.6 1165 31 31 68 68 136 Total 8.4 3231 123 123 143 143 286 OPTION A2 851 Cony. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150 565 Day Care • KSF 5.6 444 35 30 35 • 41 76 Total 8.4 2510 127 122 110 116 226 OPTION A3 851 Cony. Mkt. 24hrs KSF 2.8 2066 92 92 75 75 150 911 Walk-In Bank KSF 5.6 787 18 10 43 54 97 Total 8.4 2853 110 102 118 129 247 OPTION 851 fw. 4hrs KSF 2.8 2066 92 92 75 75 ' Video Store KSF 5.6 • ' 49 49 8.4 124 124 • - • • • • Fs ' • • • Traffic Smithy Professional Traffic Counting Service 1225 N.W. Murray Blvd., Suite 111 Voice (503) 641-6333 Portland, Oregon 97229-5552 Fax (503)643-8866 Dan Spriggez Showcase Moter Company 180 W 1st Street Dundee, OR 97115 RE: Hollywood Video Store-Trip generation Survey - Dan: At your request we conducted a series of 5, 2 hour trip generation survey at the Pacific Highway Hollywood Video in the City of Tigard. The following is a summary of these surveys: June 23, 1995 (Friday) 16:00-17:00 100 trips/hour 17:00-18:00 142 trips/hour June 24, 1995 (Saturday) 16:00-17:00 142 trips/hour 17:00-18:00 160 trips/hour July 1, 1995 (Saturday) • 16:00-17:00 128 trips/hour 17:00-18:00 190 trips/hour July 2, 1995 (Sunday) 16:00-17:00 184 trips/hour 17:00-18:00 174 trips/hour July 3, 1995 (Monday) 16:00-17:00 155 trips/hour • 17:00-18:00 201 trips/hour • �:. The maximum trip generation rate was calculated at 37.6 trips/1,000 square feet gross leasable area. This is base on a your measurement of Hollywood Video'gross leasable area of 5,400 square feet. It is my understanding that your proposed video rental business would be 8,400 square feet. A reasonable estimate for trip generation for this site would 320 trips/hour. If you have any questions, please call. • rely FI SM HY . Robert Ke ch, P.E. • Engineering Support • L �t -- -- -- L INTERSE N TURN MOVII�NT COUNT REPORT ._ HOLLYW VIDEO STORE ACCESS AT PACI HIGHWAY 4:. ♦ T 0% P=O. ♦ DATE OF COUNT: 06/23/95 N j0 I0 DAY OF WEEK: Fri R 0 0 0 TIME STARTED: 16:00 - • T TIME ENDED: 18:00 H -73 L► +-73 • • ♦ . 0 J . LO , T= 0% 71 -► f-73 T= 0% P=.887 P=.701 0 • rp TEV=TOTAL ENTRY VOLUME �, ♦ ♦ T=°%TRUCKS BY APPROACH .4-1 r► P=PHF BY APPROACH 71 -► 71 -* - • 10 0 0 0 ♦ Peak 1 :50-17:50 Traffic Smithy ♦ T= 0% P=0. �0 TEV=144 Traffic Survey Service EAST BOUND SOUTH BOUND NORTH BOUND - WEST BOUND TIME FROM PERIOD - .1 1 . L► 43 t r r .. L- 1l ALL , I' p vT '� 16:00-16:05 0 . 3 0 0 0 0 0 0 0 " 0 0 • 0 3 16:05-16 :10 • 0 1 0 0 0 0 0 0 0 0 4 0 5 16:10-16:15 0 4 0 0 0 0 0 0 0 0 1 0 5 16:15-16:20 0 6 . 0 0 0 0 0 0 0 0 . 6 0 12 16:20-16:25 0 6 0 0 0 -0 0 0 0 0 4 1 11 16:25-16:30 0 3 0 0 0 0 • 0 0 . 0 0 2 0 5 16:30-16:35 0 7 0 0 0 0 0 0 0 0 1 0 8 16:35-16:40 0 2 0. 0 0 0 0 0 0 0 8 ' 0 10 16:40-16:45 0 3 0 0 0 0 0 0 0 0 . 6 0 9 16:45-16:50 0 5 . 0 0 • 0 0 0 0 0 0 3 0 8 16:50-16:55 0 5 . 0 '0 0 0 0 0 0 0 6 0 11 16:55-17:00 0 7 0 0 0 0 0 0 0 0 6 0 13 17:00-17:05 0 4 . 0 0 . 0 0 0 0 0 0 4 0 8 17:05-17:10 0 ' 4 0 0 . 0 0 0 0 0 0 2 0 • 6 17:10-17:15 0 9 0 0 0 0 0 0 0 0 7 0 16 17:15-17:20 0 4 0 0 0 0 0 0 0 0 . 6 0 10 17:20-17:25 0 6 0 0 0 0 0 0 0 0 10 0. 16 . j 17:25-17:30 0 9 0 0 0 0 . 0 0 0 0 1 0 . 10 17:30-17:35 0 5 0 0 0 0 0 0 0 0 9 0 • 14 • 17:35-17:40 0 4 0 0 0 0 0 0 0 0 7 0 11 . 17:40-17:45 0 7 . 0 0 0 0 0 0 0 0 10 0 17 17:45-17:50 0 7 0 0 0 0 0 0 0 0 5 0 12 j 17:50-17:55 0 6 0 0 0 0 . 0 0 0 0 4 0 10 • 17:55-18:00 0 . 7 0 0 0 0 0 0 0 . 0 5 0 12 Total Survey 0 124 0 0 0 0 0 0 0 0 117 1 242 PHF 0 .89 8, 0 0 0 0 0 0 0 .7 0 .857 Trucks 0 0 0 0 0 0 0 0 0 0 0 0 Stopped Buses 0 0 0 - 0 0 0 0 . 0 0 0 0 0 Peds 0 0 . :0 0 0 0 0 0 0 0 0- 0 Hourly Totals - 16:00-17:00 0 52, 0 0 0 0 0 0 0 0 : 47 • 1 100 . 16:15-17:15 0 61 0 0 0 • 0 0 0 0 0 55 1 117 16:30-17:30 , 0 65 0 0 0 0 0 0 0 0 60 0 125 16:45-17:45 . 0 69 0 0 0 0 0 0 0 0 71 0 140 .. 17:00-18:00 • 0 72 ' 0 0 0 0 0 0 0 0 70 0 142 :•; L [-,7:' INIERSEL WN -SRN �S pT REPORT . HOLOO D ACCESS COUNT PACIFIC- O T= 0% P=.854. • DATE OF COUNT: 06/24/95 O . 82 185 DAY OF WEEK: Sat R 1 81 0 . TIME STARTED: 16:00 T TIME ENDED: 18:00 4-0 H 4-1 4-I 1÷t.., i 0 • T= ' Oa . T= 0% 0 —► 4-0 P=0. P=0. 0 .i r.0 TEV=TOTAL ENTRY VOLUME ♦ T=%TRUCKS BY APPROACH 4-1 I I* P=PHF BY APPROACH 0 —► 0 —* 0 85 0 . Peak Hour 181 ♦ 16:25-17:25 Traffic Smithy T= .7% P=.85 185 TEV=167 Traffic Survey Service EAST BOUND SOUTH BOUND NORTH BOUND WEST BOUND FIOM - TIOD • 4J i tir 4 .4-1.4-1 I r r 4— L ALL• FROM TO � —► o 04 16:00-16 :05 0 0 0 0 5 0 0 2 - 0 0 0 0 7 16:05-16 :10 0 0 0 0 5 0 0 4 0 0 0 0 9 16 :10-16:15 0 0 0 0 8 0 ' 0 6 0 0 0 0 14 16 :15-16 :20 0 0 0 0 3 0 0 6 0 0 0 0 9 16:20-16:25 - 0 0 0 0 2 0 0 3 0 0 0 0 5 • - - 16:25-16:30 0 0 0 0 6 . 0 0 11 0 0 0 0 17 16:30-16:35 ' 0 0 0 0 ' 8 0 0 8 0 0 0 0 16 16:35-16:40 0 0 0 0 5 0 0 • 6 0 0 0 . 0 11 ! 16:40-16:45 0 0 0 0 6 0 0 7 0 - 0 0 . 0 13 16:45-16:50. 0 0 0 . 0 10 0 0 5 0 0 0 0 15 16:50-16:55 0 0 0 ' 0 6 0 0 8 0 0 0 0 14 r- 16:55-17:00 0 0 0 0 7 0 0 5 0 0 0 0 12 17:00-17:05 0 0 0 0 4 0 0 5 0 0 .__0 • 0 9 17:05-17:10 0 0 0 0 6 0 . 0 7 0 0 0 0 13 17:10-17:15 0 0 0 0 11 0 0 8 0 0 0 0 19 17:15-17:20 0 0 0 .0 7 0 0 10 0 0 0 0 17 17:20-17:25 0 0 0 1 5 0 0 5 0 0 0 0 11 17:25-17:30 0 0 0 0 4 0 0 7 0 0 0 0 11 i 17:30-17:35 0 0 0 0 9 0 • 0 11 0 0 0 0 20 17:35-17:40 0 0 0 0 8 0 0 4 0 0 0 0 12 . 17:40-17:45 0 0 0 0 4 . 0 0 10 0 0 0 0 14 1 17:45-17:50 0 0 0 . 0 10 0 0 5 0 0 0 0 15 17:50-17:55 0 0 0 0 6 0 0 6 0 ' 0 0 0 12 ' 17:55-18:00 0 0 0 0 6 0 0 1 0 0 0 0 7 Total Survey 0 0 0 1 151 0 0 150 0 0 0 0 302 pHF 0 0 25 .84 0 0 .85 0 0 0 0 .852 % Trucks 0 0 O ' � 0 0 0 0 .7 0 0 0 0 .3 Stopped Buses 0 0 0' 0 0 0 '0 0 0 .0 0 - 0 Ped 0 0 " 0 0 0 0 0 1 0 . . 0 0- 0 Hourly Totals 16:00-17:00 0 0 0 0 71 0 0 71 0 0 0 0 142 16:15-1715 0 0 0 0 74 0 . 0 79 0 0 0 0 153 16:30-17:30 . 0 0 0 - 1' 79 0 0 81 0 0 0 - 0 161 0 167 17.00-18:00 0 0 `� 0 1 80 0 0 85 9 0 79 0 0 160 _ - r : ' INTERSE ON TURN OVII�NT COUNT O HO D VIDEO M ACCESS AT PACIFIC • • T= 0% P=0. FT N �0 ♦ DATE OF COUNT: 07/01/95 DAY OF C R 0 0 0 0 IO TIME STARTED:S16:00 T TIME ENDED: 18 :00 H 4-91 4J 1 - - 1* 4-91• • • 0 J L0 T= .6% T= 0% 99 -► 4-91 P=.853 - P=.710 y 0 TEV=TOTAL ENTRY VOLUME •♦ i T=%TRUCKS BY APPROACH 4, I r P=PHF BY APPROACH j 99 -* 0 0 0 99 Peak Hour I.0 ♦ 17:00-18 :00 Traffic Smithy i • T= 0% P=0. IO TEV=190 Traffic Survey Service EAST BOUND SOUTH BOUND NORTH BOUND WEST BOUND • TIME' PERIOD • ♦ • FROM - TO -► J 4J . I L. I r ,- L• l' our i r 1/4 ALL. 16:00-16:05 0 5 0 . 0 0 0 0 0 0 0 2 0 7 16:05-16 :10 0 '3 0 0 0 0 0 0 0 0 5 0 8 16:10-16 :15 ' 0 2 . 0 0 .0 0 0 0 0 0 7 0 9 16:15-16 :20 0 6 0 0 0 0. 0 0 0 0 3 0 9 16:20-16 :25 0 9 0 0 0 0 0 0 -0 0 3 0 12 j 16:25-16:30 0 2 0 0 0 0 0 0 -0 0 8 0 10 16:30-16:35 ' 0 10 0 0 . 0 0 0 0 0 0 6 0 16 16:35-16:40 0 6 0 0 0 0 0 0 0 0 7 0 13 16:40-16:45 0 5 0 0 0 0 - 0 0 0 0 6 0 11 16:45-16:50 0 4 0 0 0 0 0 0 0 0 4 0 8 16:50-16 :55 0 5 0 0 0 0 0 0 0 0 11 0 16 16:55-17:00 0 4 0 0 0 0 0 0 0 0 5 0 9 • 17:00-17:05 0 12 0 0 0 0 0 0 ' 0 0. 7 0 19 17:05-17:10 0 7 0 0 0 0 0 0 0 0 9 0 16 ,` 17:10-17:15 0 6 0 0 0 0 0 0 0 0 4 0 10 17:15-17:20 0 4 0 0 0 0 0 0 0 0 3 0 7 17:20-17:25 0 9 0 0 0 0 0 0 0 0 14 0 23 17:25-17:30 0 7 0 0 0 0 0 0 0 0 5 ' 0 12 17:30-17:35 0 9 0 0 0 0 0 0 0 0 6 0 15 17:35-17:40 0 10 0 0 0 0 0 0 ' 0 0 6 0 16 17:40-17:45 0 6 0 0 0 0 0 0 0 0 12 0 18 ' 17:45-17:50 0 6 0 0 0 - 0 . . 0 0 0 0 14 0 20 17:50-17:55 0 9 0 0 0 0 0 0 0 0 4 0 13 17:55-18 :00 0 14 0 0 0 0 0 0 0 0 7 0 21 • • . i Total Survey 0 160 0 0 ' 0 0 0 0 0 0 158 0 318 PHF 0 .85 0 0 0 0 0 0 0 0 .71 0 .879 % Trucks 0 .6 0 0 0 - 0 0 0 0 0 0 0 .3 Stopped Buses 0 0 0 0 0 0 0 0 0 0 0 0 C Peds 0 0 0 0 0 0 0 0 0 0 0 0 I _ Hourly Totals 16:00-17:00 0 61 0 0 0 0 0 0 0 0 67 0 128 16 :15-17:15 0 76 0 0 0 0 0 0 0 0 73 0 149 16 :30-17:30 0 79 0 0 0 0 0 0 0 0 81 0 160 16 :45-17:45 0 83 0 0 0 0 0 0 0 0 86 . 0 169 17:00-18:00 0 99 0 0 0 ' 0 0 0 0 0 91 0 190 ,. L. . • • 117/ Y INTERSE•' ON TURN MOVEMENT COUNT S 1 ' 'V REPORT HO SID VIDEO ACCESS AT PACIFIC 'Y • T= 0% P=0. DATE OF COUNT: 07/02/95 0 IO t0 DAY OF WEEK: Sun �• R 0 0 0 TIME STARTED: 16 :00 T TIME ENDED: 18:00 H 4-89 1-1 L► 4-89 i • • . ' 0 J L0 '' T= 0% • T= 0% 99 —► 4-89 P=.798 P=.674 • 0 ,..p TEV=TOTAL ENTRY VOLUME ♦ i T=%TRUCKS BY APPROACH r► P=PHF BY APPROACH • 99 —► 99 —* 0 0 .0 Peak Hour l0 ♦ 16 :05-17:05 Traffic Smithy TE i T= 0% P=0. � 0 V=188 Traffic Survey Service EAST BOUND SOUTH BOUND NORTH BOUND WEST BOUND TIME PERIOD • • FROM - TO ; —► J 4J 1 Lo. 41 I r ; L ALL eyT 16:00-16 :05 0 10 0 0 0 0 0 0 0 0 7 0 17 : 16:05-16:10 0 5 0 0 0 0 0 0 0 0 9 0 14 16:10-16:15 0 10 0 0 0 0 0 0 0 0 3 0 13 16:15-16:20 0 9 0 0 0 0 0 0 0 0 7 0 16 1 16:20-16:25 0 11. 0 0 0 0 0 0 0 0 13 0 24 16:25-16:30 0 6 0 0 0 0 0 0 0 0 6 0 12 1 16:30-16:35 0 9 0 0 0 0 0 0 0 ' '0 14 0 23 . 16:35-16:40 0 13 0 0 0 0 0 0 0 0 5 0 18 16:40-16:45 0 9 0 0 0 0 0 0 0 0 8 0 17 1 16:45-16:50 0 6 0 0 0 0 0 0 0 0 6 0 12 16:50-16:55 0 5 0 0 0 0 0 0 ' 0 0 3 0 8 16:55-17:00 0 5 0 0 0 0 0 0 0 . 0. 5 0 10 . 17:00-17:05 0 11 0 0 0 0 0 0 0 0 10 0. 21 �.- 17:05-17:10 0 3 0 0 0 0 0 0 0 0 8 0 11 17:10-17:15 . 0 8 0 0 0 0 0 0 0 0 4 0 12 L. 17:15-17:20 0 8 0 0 0 0 0 0 0 0 10 0 18 17:20-17:25 0 11 0 0 0 0 0 0 ' 0 0 10 0 21 17:25-17:30 0 11 0 0 0 0 0 0 0 0 5 0 16 1 17:30-17:35 0 8 0 0 0 0 0 0 0 0 9 0 17 1 17:35-17:40 0 4 0 0 0 0 0 0 0 0 8 0 12 17:40-17:45 0 4 0 0 0 0 0 0 0 0 2 0 6 • 17:45-17:50 0 8 0 . 0 0 0 0 0 0 0 4 0 12 17:50-17:55 0 6 0 0 0 . 0 0 0 0 0 7 0 13 17:55-18 :00 0 5 0 0 0 0 0 0 0 0 10 0 15 1. i . 1 Total Survey 0 185 0 . 0 0 0 0 0 0 0 173 0 358 PHF 0 .8 0 0 0 0 0 0 0 0 .67 0.796 Trucks 0 0 • 0 0 0 0 0 0 '0 0 0 0 0 Stopped Buses 0 0 0 0 0 0 0 0 0 0 0 0 Peds 0 0 0 0 0 0 0 0 0 0 0 0 Hourly Totals 16:00-17:00 0 98 0 0 0 0 0 0 0 0 86 0 184 16:15-17:15 0 95 0 0 0 0 0 0 - 0 0 89 . 0 184 16:30-17:30 0 99 0 0 '0 0 0 0 0 0 88 0 187 16 :45-17:45 0 84 ' 0 0 0 0 0 0 0 0 80 0 164 17:00-18:00 0 87 0 0 0 0 0 0 0 0 87 . 0 174 I [ , INTERSE SON TURN MOVEMENT COUNT " REPORT HO TD VIDEO ACCESS AT PACIFIC AY • T= 0% P=0. • ' N �0 ♦ DATE OF COUNT: 07/03/95 , 0 I1 DAY OF WEEK: Mon R 0 0 0 TIME STARTED: 16:00 T H -9 9 �-► x-10 0 TIME ENDED: 18:00 • 0 J L1 T= 0% T= 0% 103 -► 4•-99 , P=.804 P=.892 0 TEV=TOTAL ENTRY VOLUME ♦ i T=%TRUCKS BY APPROACH 4i 14. . P=PHF BY APPROACH 103 -► 103 -► 0 0 0 Peak Hour IO ♦ 16:55-17:55 Traffic Smithy T= 0% P=0 . � 0 TEV=203 Traffic Survey Service EAST BOUND SOUTH BOUND NORTH BOUND WEST BOUND TIME PERIOD ♦ ♦ • FROM - TO ..÷ J 4J 1, L► ~1 r► r ~ L ALL 0 v l4 16:00-16 :05 0 8 0 0 0 0 0 0 0 0 4 0 12 16 :05-16:10 0 5 0 0 0 0 0 0 0 0 5 0 10 16 :10-16:15 0 5 0 0 0 0. 0 0 0 0 9 0 14 16 :15-16:20 0 4 0 0 0 0 0 0 0 0 3 . . 0 7 16:20-16:25 0 7 0 0 0 0 0 0 0 0 8 0 15 16 :25-16:30 0 5 0 0 0 0 0 0 0 0 5 0 10 16:30-16:35 0 6 0 0 0 0 0 0 0 0 ' 4 1 11 16 :35-16 :40 0 5 0 0 0 0 0 0 0 0 6 0 11 16 :40-16 :45 0 6 0 0 0 0 0 0 0 0 6 0 12 i 16 :45-16:50 0 5 0 0 0 0 0 0 0 0 . 10 0 15 16:50-16:55 0 10 0 0 0 0 0 0 0 0 8 0 18 16:55-17:00 0 8 0 0 0 0 0 0 0 0 12 0 20 17:00-17:05 0 12 0 0 0 0 0 0 0 0 7 0 19 17:05-17:10 0 4 0 0 0 0 0 0 0 0 8 0 12 17:10-17:15 0 7 0 0 0 0 0 0 0 0 9 0 16 17:15-17:20 0 10 0 0 0 0 0 0 0 0 6 0 16 17:20-17:25 0 10 0 0 0 0 0 0 0 0 8 1 19 17:25-17:30 0 9 0 0 0 0 0 0 0 0 5 0 14 17:30-17:35 0 6 0 0 0 0 0 0 0 0 8 0 14 17:35-17:40 0 5 0 0 0 0 0 0 0 0 8 0 13 17:40-17:45 0 10 0 0 0 0 0 0 0 0 8 0 18 17:45-17:50 0 10 0 0 0 0 0 0 0 0 9 0 19 17:50-17:55 0 12 0 0 0 0 0 0 0 0 11 0 23 ' 17:55-18 :00 0 10 0 0 0 0 0 0 0 0 8 0 18 • Total Survey 0 179 0 0 0 0 0 0 0 0 175 2 356 PHF 0 .8 0 0 0 0 0 0 0 0 .88 .25 .845 % Trucks 0 0 0 0 0 0 0 0 0 0 0 0 0 Stopped Buses 0 0 0 0 0 0 0 0 0 0 0 0 Peds 0 0 0 0 0 0 0 0 0 0 0 0 f .. Hourly Totals 16:00-17:00 0 74 0. 0 0 0 0 0 0 0 80 1 155 16:15-17:15 0 79 • 0 0 0 0 0 0 0 0 86 1 166 16:30-17:30 • 0 92 0 0 0 0 0 0 0 0 89 2 183 16:45-17:45 0 96 0 0 0 0 0 0 0 0 97 1 194 17:00-18:00 0 105 0 0 0 0 0 0 0 0 . 95 1 201 . . . ,'■ - • , • . 'f Z 44 00 L.... . , 1 0 5. 4 . 6 • 41414,„ . . .• ". .1 4• E 4 DR . . v - 41 allagieW4) 7 V. NI ! 1 A t . t CO . ,. S. ._ , 'al ' . m it" 44 0, 110■11A4* I i t 1 11 CD:°1 ___Plirlt •--1/1 c 1 _1 .1 1011 ' .101.1":4 . . 4/47 , ttst 11 1 i , oa,,v i ‘ e ... _ .. 1 Cfa, vo i 1)...; •• , /NW '' .1 'Mt CT I litmo ' 1 rie c / 1 ' f /bAtir hl■ Q.,' i„ )1MM, It 11 , . , • ,, . .i. • am . I : - 111111 . , . . • • . „, , . __ , ,,. . .7,, IL,0 ',1 Li 1 1 I" . , , , r mr 1 z . , f5 III i 1 ya , , ,.... .. .k, ....),,, ,„_,,,.... , "......., , ,A , NQ ;MICA,IILAM. ST• ,itle : 11141 . ,i .....„.. ,...... ...h. , : err I ..„ „2 nv ,;.. .... .11.:::.:.::: , : ' I [ 0 -1 2 ..:. 1 2 et aii‘0 i -1:::. %%W.V.::: : i -a, !. cr. 0 7.1't■ o o -,- .-... .. ; .. ✓ 6111 i I-i . l 1 ..—.,.. .. .cr Ip...,..s........:..,.%.,...,.. ...................:.....: .r . A 1 ' I •n t f: i ,4 1 . . i k: ' I . . _ 1 0 t 0 1 City I near* . Planning i'D'Apa N. ■7 __ritment L • . • . `A CITY OF TIGARD AFFIDAVIT OF MAILING OREGON STATE OF OREGON ) County of Washington )ss. City of Tigard ) I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say: That I am a Department Secretary for The City of Tigard, Oregon. X That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer X Tigard City Council A copy of the PUBLIC HEARING NOTICE of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", on the 2nd day of January, 1996; said PUBLIC HEARING NOTICE as hereto attached, was posted on an appropriate bulletin board on the n/a day of n/a and deposited in the United States Mail on the 2nd day of January, 1996. postage prepaid. • Pre red Notice Subscribed and sworn/affirmed before me on the /7` day of Ve16.4 19 ��. OFFICIAL SEAL I -1�L- /��014--2 ` DIANE M JELDERKS NOTARY PUB /OF OREGON ��.� NOTARY PUBLIC-OREGON �,.,� COMMISSION NO 046142 My Commissio xp�res: 7 f� MY COMMISSION EXPIRES SEPTEMBER 07,1999 EXHIBIT A • PUBLIC HEAR G • NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL, AT A MEETING ON TUESDAY, January 23, 1996, AT 7:30 PM, �,m�gpNPS��° IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, .� 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 CITY OF TIGARD WILL CONSIDER THE FOLLOWING APPLICATION: COMPREHENSIVE PLAN AMENDMENT (CPA) 95-0005/ZONE CHANGE (ZON) 95-0007 PACIFIC CREST/PROVIDENCE REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 5.4, 8.1.1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 323 (VOICE) OR (503) 684-2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER January 2. 1996., ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY • • REQUEST THAT THE RECD REMAIN OPEN FOR AT LE* SEVEN DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE STATEMENTS OR EVIDENCE SUFFICIENT TO AFFORD THE DECISIONMAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST, PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY-FIVE CENTS PER PAGE. FOR FURTHER INFORMATION PLEASE CONTACT RAY VALONE AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. 4 '14 6 ;. \ \ \ I mi9 \ \ \ \ % . TARP AS \ 1 1 RY RO. SCHOLLS FER ♦ N s < '.> : \.`"ti illeilL.."-- T i 1 g—_" MINN , 4, spi;,17. at, / I \\�, O0-- ..\ ' OR /7 SOR:W#44.1 ■41/** CT y � I S"'• I I I I I I I l i •• • •1S134BC-00700 1S133AD-10100" EXHIBIT BERSHENGLE ENTERPRISES L L C BLANCHARD,DEBRA A 610 GLATT CIRCLE 10687 SW 127TH CT • WOODBURN,OR 97071 TIGARD,OR 97223 1S133AD-12500 1S133AD-10600 BRAVO,JOSE AND BUI,JOSEPH HUA TODD,ANN TONETfE 10623 SW 127Th CT 11334 SW SUMMER LAKE DRIVE TIGARD,OR 97223 TIGARD,OR 97223 1S133AD-10300 1 S134BB-00302 CHAN,CHIEN-CHUNG AND CHINOOK INVESTMENT CO HU,CHEN-CHI BY ASSESSMENT ASSOC,INC 10659 SW 127TH CT 1777 NE LOOP 410 TIGARD,OR 97223 STE 1250 SAN ANTONIO,TX 78217 1S133AD-12300 1S133AD-10400 COLLIGAN,MICHAEL S&KRISTIN. COWAN,VICKI M 11347 SW SUMMERLAKE DRIVE 10647 SW 127Th CT TIGARD,OR 97223 TIGARD,OR 97223 • 1S133AD-00600 1S133AA-04500 DALAI,SID DAVIS,MICHAEL K AND 12690 SW TARPEN DR JEANNE R BEAVERTON,OR 97005 5970 SW SPRUCE BEAVERTON,OR 97005 1S133AD•11500 1S134BC-00403 ENTAGH,REZA EQR-WEYER VISTAS INC 10716 SW 127TH CT BY EQUITY TAX DEPT-MEADOWCREEK TIGARD,OR 97223 PROP TAX DEPT(27118) PO BOX MA-3879 CHICAGO,IL 60690 1S133AD-00200 1S133AD-00400 GOUGH,EVAN P AND SALLY G GRABINSKI,ALLAN 15750 SW TARPAN DR 12640 SW TARPASN BEAVERTON,OR 97008 BEAVERTON,OR 97006 • 1 S133AD-11000 1 S133AD-00300 HEFFELFINGER,WILLIAM T HEIM,FRANCES E 10662 SW 127TH CT 12610 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1 S133AD-11400 1 S133AD-02500 KETTERUNG,KEITH A/JEAN Q - KINDER CARE LEARNING CTR978 1070 SW 127TH CT BY STRATEGIS 987 TIGARD,OR 97223 1777 NE LP 410 STE 1250 SAN ANTONIO,TX 78217 1S133AD-11100 1S133AD-12400 WY,PHANA AND MADARANG,GEORGE E AND LUSIA V LEAV,SIVY AND 11356 SW SLIMMER LAKE DR LU,ROTHA • TIGARD,OR 97223 10674 SW 127TH CT TIGARD,OR 97223 - - • • . . 1S1348C-00500,. 1S133AD-1t300 • . MCDONALD'S CORPORATION MULLIGAN.M PATRICK .P0 BOX 66207 AMF O'HARE ,• 10690 127TH COURT 036/0002 TIGARD,OR 97223 CHICAGO,IL 60666 • 1S133AD-10500 1S133AD-00500 NEIGHORN;STEVEN C NGUYEN,DANG PHUOC AND 10635 SW 127Th CT HANG KIM THI TIGARD,OR 97223 12670 SW TARPAN DRIVE • BEAVERTON,OR 97005 1S133AD-00100 1S133AD-11200 NIEDNER,FREDERICK A&ESTHER OITTO,BRUCE G&ELEANOR S. 10500 SW TARPAN DR 10682 SW 127Th CT BEAVERTON,OR 97008 TIGARD,OR 97223 1S133AD-02401 1S133AD-16000 • OREGON,STATE OF PACIFIC CREST PARTNERS SCHOLLS DEPT OF TRANSPORTATION 911 OAK STREET • 417 TRANSPORTATION.BLDG HOOD RIVER,OR 97031 • SALEM,OR 97310 1S133AD-16200 • 1S133AD-16100 PACIFIC CREST PARTNERS SCHOLLS PACIFIC CREST PARTNERS SCHOLLS • 911 OAKSTREET 911 OAK STREET HOOD RIVER.OR 97031 HOOD RIVER,OR 97031 • • 1S133AD-10900 1S134BC-00300 PETERS,DAVID L AND FRANCES L PORTLAND FIXTURE LTD PTNRSHP 10648 SW 127TH CT 13635 NW CORNELL#200 . TIGARD,OR 97223 PORTLAND,OR 97229 • •._ 1S133AD-10800 1S133AD-10700 PUN,PING KUEN AND SALVATION ARMY,CORPORATE BOAR CHAN,SIU PING PO BOX 8798 10636 SW 127TH CT PORTLAND,OR 97208 TIGARD.OR 97223 1 S134BB-00600 1 S133AD-10200 SCHOLLS TERRACE APARTMENTS LLC SEEMANN,SANDRA KAY • 633 NW 19TH AVE 10673 SW 127TH'CT PORTLAND.OR 97209 TIGARD,OR 97223 • • 1S134BC-00401 1S134BC•00900 SISTERS OF PROVIDENCE IN OR THOMPSON,DENNIS C AND BY ST VINCENT HOSPITAL . DAVIDSON,WILLIAM G ATTN:GREG VAN PELT 12475 SW MAIN ST 9205 SW BARNES RD TIGARD,OR 97223 • PORTLAND,OR 97225 1 S134BC-00600 1 S134BC-00800 THOMPSON,DENNIS C AND THOMPSON/DAVIDSON LEASE DAVIDSON.WILLIAM G PROPERTY VENTURE,THE . 12475 SW MAIN ST 12475 SW MAIN ST TIGARD,OR 97223 - TIGARD,OR 97223 • • • • UNITED STATES BANK OF OREGON'. .:..,.:, . OORPORATE FAC U lTiES 1355 PO BOX 8837 PORTLAND.OR 97208 ED MURPHY & ASSOC. 9875 SW MURDOCK ST. TIGARD, OR 97224 KEN ZINSLI PROVIDENCE HEALTH SYSTEMS 4805 NE GLISAN .ST PORTLAND, OR 97213 DAN KEARNS PRESTON, GATES & ELLIS 111 SW 5TH AVE', SUITE 3200 PORTLAND, OR 97204-3688 DAN SPRIGGEL SHOW CASE MOTOR CO 180 W. FIRST ST DUNDEE, OR 97115 • 0 • r4 ,, C3TY OF TIGARD AFFIDAVIT OF MAILING OREGON STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Jerree L. Gaynor, being first duly sworn/affirm, on oath depose and say: That I am a Department Secretary for The City of Tigard, Oregon. X That I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director X Tigard Planning Commission Tigard Hearings Officer .Tigard City Council A copy of the PUBLIC HEARING NOTICE of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B", on the 27th day of November , 1995; said PUBLIC HEARING NOTICE as hereto attached, was posted on an appropriate bulletin board on the n/a day of n/a and deposited in the United States Mail on the 27th day of November, 1995, postage prepaid. . LJ � / t�.i Pr•ared Notice Subscribed and sworn/affirmed before me on the l'day of 4V , 19E .. �� ,. OFFICIAL SEAL /// /DIANE M JELDERKS NOTARY PUBLIC-OREGON �� -/ / �,F, COMMISSION NO 046142 - './A MY COMMISSION EXPIRES SEPTEMBER 07,1999 NOTARY PUBLIC 1 OREGON My Commission E owes: �' 77 • ak PUBLIC HEAR G EXHIBITS NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD PLANNING COMMISSION, ��'°'1'����'pNN�I�'ll'I AT A MEETING ON MONDAY, December 18, 1995, AT 7:30 PM, �` IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, CITY OF TIGARD 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: COMPREHENSIVE PLAN AMENDMENT(CPA)95-0005/ZONE CHANGE(ZON)95-0007 PACIFIC CREST/PROVIDENCE REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1 .1 .2(2), 2.1 .1, 5.4, 8.1.1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639-4171, EXT. 323 (VOICE) OR (503) 684-2772 (TDD-TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. ANYONE WISHING TO PRESENT WRITTEN TESTIMONY ON THIS PROPOSED ACTION MAY DO SO IN WRITING PRIOR TO OR AT THE PUBLIC HEARING. ORAL TESTIMONY MAY BE PRESENTED AT THE PUBLIC HEARING. AT THE PUBLIC HEARING, THE CITY COUNCIL WILL RECEIVE A STAFF REPORT PRESENTATION FROM THE CITY PLANNER; OPEN THE PUBLIC HEARING; AND INVITE BOTH ORAL AND WRITTEN TESTIMONY. THE CITY COUNCIL MAY CONTINUE THE PUBLIC HEARING TO ANOTHER MEETING TO OBTAIN ADDITIONAL INFORMATION, OR CLOSE THE PUBLIC HEARING AND TAKE ACTION ON THE APPLICATION. IF A PERSON SUBMITS EVIDENCE IN SUPPORT TO THE APPLICATION AFTER November 27, 1995, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN DAYS AFTER THE HEARING. INCLUDED IN THIS NOTICE 0 LIST OF APPROVAL CRITERIA AP•ABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE CITY COUNCIL WILL BE BASED UPON THESE CRITERIA AND THESE CRITERIA ONLY. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING .TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA LISTED. FAILURE TO RAISE AN ISSUE IN PERSON OR BY LETTER AT SOME POINT PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST OR FAILURE TO PROVIDE STATEMENTS OR EVIDENCE SUFFICIENT TO AFFORD THE DECISIONMAKER AN OPPORTUNITY TO RESPOND TO THE ISSUE PRIOR TO THE CLOSE OF THE HEARING ON THE REQUEST, PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. . ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TEN CENTS PER PAGE. AT LEAST SEVEN DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TEN CENTS PER PAGE. FOR FURTHER INFORMATION' PLEASE CONTACT RICHARD BEWERSDORFF AT (503). 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON. . , N. OWN 111. —__________ ' I-- W TARP AN �, FERRY RO• Q 4: SCROLLS ��` <> >><>'::: � . ..iiiiiMi5 .......... DC°L °";i��l - z 441/. 1 70 0 a g 51 s: 0 1 4 I I I W4A la DR Q soArgra 0 , ., \ wh.(,0 4/0.1 R. ..,P #�CTua 0 � , }N . 1 F- ' U NOTE WPIS NOT TO SCALE N ®z..-:-.c.....�...:. tr i • • 1S134BC-00700 1S133AD-10100 EXHIBIT BERSHENGLE ENTERPRISES L L C BLANCHARD,DEBRA A 610 GLATT CIRCLE 10687 SW 127TH CT WOODBURN,OR 97071 TIGARD,OR 97223 1S133AD-12500 1S133AD-10600 BRAVO,JOSE AND BUI,JOSEPH HUA TODD,ANN TONETTE 10623 SW 127TH CT 11334 SW SUMMER LAKE DRIVE TIGARD,OR 97223 TIGARD,OR 97223 1S133AD-10300 1S134BB-00302 CHAN,CHIEN-CHUNG AND CHINOOK INVESTMENT CO HU,CHEN-CHI BY ASSESSMENT ASSOC, INC 10659 SW 127TH CT 1777 NE LOOP 410 TIGARD,OR 97223 STE 1250 SAN ANTONIO,TX 78217 1S133AD-12300 1S133AD-10400 COLLIGAN,MICHAEL S&KRISTIN COWAN,VICKI M 11347 SW SUMMERLAKE DRIVE 10647 SW 127TH CT TIGARD,OR 97223 TIGARD,OR 97223 1S133AD-00600 1S133AA-04500 DALAI,SID DAVIS,MICHAEL K AND 12690 SW TARPEN DR JEANNE R BEAVERTON,OR 97005 5970 SW SPRUCE BEAVERTON,OR 97005 1S133AD-11500 1S134BC-00403 ENTAGH,REZA EQR-WEYER VISTAS INC 10716 SW 127TH CT BY EQUITY TAX DEPT-MEADOWCREEK TIGARD,OR 97223 • PROP TAX DEPT(27118) PO BOX#A-3879 CHICAGO, IL 60690 1S133AD-00200 1S133AD-00400 GOUGH,EVAN P AND SALLY G GRABINSKI,ALLAN 15750 SW TARPAN DR 12640 SW TARPASN BEAVERTON,OR 97008 BEAVERTON,OR 97006 1S1 33AD-11000 1S1 33AD-00300 HEFFELFINGER,WILLIAM T HEIM,FRANCES E 10662 SW 127TH CT 12610 SW TARPAN DR TIGARD,OR 97223 BEAVERTON,OR 97008 1S133AD-11400 1S133AD-02500 KETTERLING,KEITH A/JEAN Q KINDER CARE LEARNING CTR978 1070 SW 127TH CT BY STRATEGIS 987 TIGARD,OR 97223 1777 NE LP 410 STE 1250 SAN ANTONIO,TX 78217 1S133AD-11100 1S133AD-12400 LUY, PHANA AND MADARANG,GEORGE E AND LUSIA V LEAV,SIVY AND 11356 SW SUMMER LAKE DR LU,ROTHA TIGARD,OR 97223 10674 SW 127TH CT TIGARD,OR 97223 • 1S134BC-00500 1S133AD-11300 MCDONALD'S CORPORATION MULLIGAN,M PATRICK PO BOX 66207 AMF O'HARE 10690 127TH COURT 036/0002 TIGARD,OR 97223 CHICAGO, IL 60666 1 S133AD-10500 1S133AD-00500 NEIGHORN,STEVEN C NGUYEN,DANG PHUOC AND 10635 SW 127TH CT HANG KIM THI TIGARD,OR 97223 12670 SW TARPAN DRIVE BEAVERTON,OR 97005 1S133AD-00100 1S133AD-11200 NIEDNER,FREDERICK A&ESTHER OITTO, BRUCE G&ELEANOR S 10500 SW TARPAN DR 10682 SW 127TH CT BEAVERTON,OR 97008 TIGARD,OR 97223 1 S133AD-02401 1 S133AD-16000 OREGON,STATE OF PACIFIC CREST PARTNERS SCHOLLS DEPT OF TRANSPORTATION 911 OAK STREET 417 TRANSPORTATION BLDG HOOD RIVER,OR 97031 SALEM,OR 97310 1S133AD-16200 1S133AD-16100 • PACIFIC CREST PARTNERS SCHOLLS PACIFIC CREST PARTNERS SCHOLLS 911 OAK STREET 911 OAK STREET HOOD RIVER,OR 97031 HOOD RIVER,OR 97031 1S133AD-10900 1S134BC-00300 PETERS,DAVID L AND FRANCES L PORTLAND FIXTURE LTD PTNRSHP 10648 SW 127TH CT 13635 NW CORNELL#200 TIGARD,OR 97223 PORTLAND,OR 97229 1S133AD-10800 1S133AD-10700 PUN,YING KUEN AND SALVATION ARMY,CORPORATE BOAR CHAN,SIU YING PO BOX 8798 10636 SW 127TH CT PORTLAND,OR 97208 TIGARD,OR 97223 1 S134BB-00600 1 S133AD-10200 SCHOLLS TERRACE APARTMENTS LLC SEEMANN,SANDRA KAY 633 NW 19TH AVE 10673 SW 127TH CT PORTLAND,OR 97209 TIGARD,OR 97223 1S134BC-00401 1S134BC-00900 SISTERS OF PROVIDENCE IN OR THOMPSON, DENNIS C AND BY ST VINCENT HOSPITAL DAVIDSON,WILLIAM G ATTN:GREG VAN PELT 12475 SW MAIN ST 9205 SW BARNES RD TIGARD,OR 97223 PORTLAND,OR 97225 1S134BC-00600 1S134BC-00800 THOMPSON,DENNIS C AND THOMPSON/DAVIDSON LEASE DAVIDSON,WILLIAM G PROPERTY VENTURE,THE 12475 SW MAIN ST 12475 SW MAIN ST TIGARD,OR 97223 TIGARD,OR 97223 w N L� i < <_LS 0 0 \-- K m �� • cS) III :.:„:„:::::,,,,,,,:::::„,,,,,,..„ ,,,,,,.„, „: . :„ .,. . , ::"..,..,,,,, ,":„.•:,,,,,,,,,,,, .., ....,.,::, :.::::,,„ .., ",: : ,, .:,:: 6 1711a , 4,--::,,,,:‘,- .1: :,!,::,.. :::..., '., ,t. � Y . Hl 4 « k � a� - y • s tea} .s. �It Hi a . - ..ter ,,,..:::;: ‘ , .‘ „ ,, _„.,:_: :::::,...::,,, ,, : _ge ,:,11111111F/ 00 0 II 1111 _ lid ' ; gig o ililirr.pigio . 4. .. .,„. 1..si. . ..:„::: „ 1 ,_s!,:,,,,,:,7„;.:,..,....,i .,:„t.„,s : 7 UCI , : V '.(0 E s �; ;�' i 11111/111111111 Mill III• 1,.I, : I , ,...itir eeye a: ; $ 1 ', -, 4 41p** 4114 Afii , if i pi lis Is AI..++ e .LSL eeaeLOtf££ tp. #499 ,#01, � r:N 1111 aeee+ a. LSL rillit ♦ • • • - FAX TRANSMITTAL 010,CE UNDER CITY OF TIGARD LOOP LEGAL NOTICE SECTION OF TIGARD TIMES DATE:January 5. 1996 TO: Sue Curran, Legals (fax) 620-3433 FROM: Jerree Gaynor, City of Tigard (Ph.) 639-4171 The following will be considered by the Tigard City Council on January 23. 1996. at 7:30 PM at the Tigard Civic Center - 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 rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the City Council. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request or failure to provide statements or evidence sufficient to afford the decisionmaker an opportunity to respond to the issue prior to the close of the hearing on the request, precludes an appeal to the Land Use Board of Appeals based on that issue. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. PUBLIC HEARINGS COMPREHENSIVE PLAN AMENDMENT (CPA) 95-0005/ZONE CHANGE (ZON) 95-0007 PACIFIC CREST/PROVIDENCE REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and southeast corners of Scholls Ferry Road and North Dakota. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1.1.2(2), 2.1.1, 5.4, 8.1.1, 12.2.1(1) and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/Administrative Office) allows for business support services, communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. j4 \ I • I 1111 I I 1 ` TARP nr+ \ ) ' "��\ spa .� N.N k:T;1111°; e''ft4 / I I PING 1111 / tccom 8 o a OR • aria • , N / MR& Illiililill TT PUBLISH January 11. 1996 - - - - - FAX TRANSMITTAL - .ACE UNDER CITY OF TIGARD LAII LEGAL NOTICE SECTION OF TIGARD TIMES DATE:December 1, 1995 TO: Sue Curran, Legals (fax) 620-3433 FROM: Jerree Gaynor, City of Tigard (Ph.) 639-4171 The following will be considered by the Tigard Planning Commission on December 18, 1995 at 7:30 PM at the Tigard Civic Center-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 rules of Chapter 18.32 of the Tigard Municipal Code, and rules and procedures of the Planning Commission. Failure to raise an issue in person or by letter at some point prior to the close of the hearing on the request or failure to provide statements or evidence sufficient to afford the decisionmaker an opportunity to respond to the issue prior to the close of the hearing on the request, precludes an appeal to the Land Use Board of Appeals based on that issue. Further information may be obtained from the Planning Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 639-4171. PUBLIC HEARINGS COMPREHENSIVE PLAN AMENDMENT (CPA) 95-0005/ZONE CHANGE (ZON) 95-0007 PACIFIC CREST/PROVIDENCE REQUEST: To amend the Comprehensive Plan map on Parcels 1 and 3 of MLP 94-0013, located on the southwest corner of Scholls Ferry Road and North Dakota, from Commercial Professional to Neighborhood Commercial and change the zoning from C-P to C-N; and to amend the Comprehensive Plan map on the property located on the southeast corner of Scholls Ferry Road and North Dakota from Neighborhood Commercial to Commercial Professional and change the zoning from C-N to C-P. LOCATION: Southwest and. southeast corners of Scholls Ferry Road and North Dakota. APPLICABLE REVIEW CRITERIA: Comprehensive Plan policies 1 .1 .2(2), 2.1.1, 5.4, 8.1 .1, 12.2.1(1)and 12.2.1(3); Community Development Code chapters 18.22 and 18.32; and Oregon Administrative Rules Chapter 660 Division 12. ZONE: C-N (Neighborhood Commercial) allows for several uses including convenience sales and personal services, food and beverage sales, medical and dental services and professional and administrative services. C-P (Professional/Administrative Office) allows for business support services,•communication services, medical and dental services, personal services, convenience sales and services and limited eating and drinking establishments. --= j I 1 I : --- I IARPAN \ • 1 'spliOU-S FERRY \ sib / 114 a: 11V1411 ,IMO 4114■Z 0 ■ I•I • DR ot#7&*4• � � III TT PUBLISH December 7, 1995 .! 0 0 LN _ J\1111111111111111 11111•1111111 *ow ."..."'""''."'""..."'''.. ...■ C RWIT PRP P1/4N sit _ .._____________---- E %ISIS wt co S FERRY R .. . . . . . .... . ... ... . .. . . . . . . . r.). SGHpLL \ a) ,. :SIT' $ . 0 co D 0_6110/AIL c v) Map is for � general location only T Q refer to staff report c for location 03 O = O - OwMilialL_ ii,,,� SPRING I- /� o O GOO Z DR RR g . O � 00 41. Proposed Comprehensive Plan and Zone Vicinity Map change from Neighborhood Commercial(C-N) to Commercial Professional(C-P) Proposed Comprehensive Plan and Zone Note: Map is not to scale N change from Commercial Professional(C-P) to Neighborhood Commercial(C-N) ' . • • C) : s. Am_ 5 -i- -.- '-'c--- - • REQUEST FOR COMMEN• . NOTIFILAT1ON LIST FOR LAND USE&DEVELOPMENT APPUCATIONS • . • :•:.:::::::::::::::::::•:,:.:::::::::'::::•:::•:::•:::.!i.:,:i..:..'.::iii:::::•:;::::::,i,,::::::::::•:i1.::•::::: ::,,::.:.::::ii:::, .;:::::::::.:::::::,-;:::.::::':,::;-.:::::::.:atiT.1211141tiVOIL:VEDIENtlEAIMIS*4':i:;:':;::::::•:::::$::::':::i::gi:.:::::::::::::::::::::::::::.ii:::i:::::::::::::::•:::•::::::::::•:::•::::::::::::::::&.:U.::::::::.::::::::::::::::: :-:.,:•:::.:.::::,-:'.:;-:',:',:.--,..,:::::i•-:.:..:-::-,f.,:':•'.-..•:,,:.•••••':••••:,-::.:.:-::::.:.::•:.::::'.:•:':;:•:.::-::f....:,•-•:::.:.:-:-•?:::-:::'::,:::::•:::,:::,.....;,.::::-::...::::::.::::.:.:::::. .::::,.;;;-::::,:-:::::::x:•.:.:::::*•.::::i::::::,:::.,x*.:::,,,,,,,:::::::::•:•:::::::.:•:.:.::::::::.::.::::::.:::::::::::::::::::::::•.•:-.:::.:::*:::::::::::::,:::::::::::::::::;:•:g•::::::.::::.:::.:.;::::.;::i*:::*::::::::::::::::::::::::::::::: (drcle one} X.CT Area: •.• CS) OD (0 6* Placed for review In Library ciT Book•• CPO NO. 0.„......„:„....„...„.:..:.,:.:„.„:::::::..:....:.::.,:::...:.,..:._..."....„.......r....._._........ ........"".." 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DEPTJD.S.T.'S — ADV.PLNCJCarol Landsman, senior Pamir WATER DOPTJMichael Miller,operas:sons 10/7/001070076 YU DU ........ .. .. .. . .. .. .. ... ... . • -..--'.:. ••••••...'.-'..:::- •.• .-......::.'.:.; .....•''...':''''.............':'.,...:•:....:.':::'f:':.......:•....:•''.ii...:spEciAL DISTRICTS::-.•.-.:::::•:•.•:.;:-:..:•'.•:.•-:.:.:.:-:•.-:.::::-:•:.::::::::.:.:.::::::::::::::::::::::::::::::::::::::::::::::::::::,::•:::::...:..,:.::::,--::.:::-:::::::-::,,::: :::•:::::::::::,:.:•:•::.-.: . t'....:::::1:::::::-:•;....:•:-:::::';.:•:•:•:':::::..!•'::..:-.::::.:::-...::::..-:•••-••••-.::.::::.:-'::::.•.:.:.----.-:-:-:•••:'......,....•:••••••••::-::..:::::::.:•:-.-.:..:...,..-:..:::.:•.:;::.::::.::.-•:.,-.- .i• •• •.••••••••••.:..• -•:•••:• •...••••••••••••••••.••••••.............:.-.•::••••:•-:.........-••.------.-.....-•.:-•--...-.- ,I.ARE MARSHALL MIRED SEWERAGE AGENCY TUALATIN VALLEY WATER DIST. _ _ --Gene BIrchell SWM Program/Lee Walker PO Box 745 Wa.County Are District 155 N.First Street Beaverton, OR 97075 (pick-up box) . Hillsboro, OR 97124 ....-..,,..::.,-f:•....-_.••••:•:•.-.:.•:::.:::::':•::•::•..::;:,::::::::,:::.:.:-.:::::••.:•.::•:-::::.:i::::::::::•,::::::•:::..•::::::::::::::•••:•....::.:::::::-:.:::•-::.:i::.:::: kopperprkjugisciirTIONS.,::;.:.f;:,:;:?:::i.::::.:::::.:::.,:::.,„, ..:.:::,: ::::,-:.:::;: :,::::•::::i:i.;.:.••,.:,:....:.:.,.:,..:.....:.,:.,;:i::-::::::-..i:i:i::.:.....,:...:.,:. ':•:•.'::::::•'::...::•i•::::•:.:-•;:.:<:•;:::::::.::::•:•:•:•:.;•i.:f:•:':•;••:':':•:.,•::'::••:'...]...•:•:•ii..i..•......'::•:•:.:::................................................................,:-.-7....::.,....7.7-::-..:::.-.:.:-:::.-•.:•.:'•:::••:::::-::::,..•.---::.::::.:::::::,-:::.::::.:.:-:::::::-:-::.:::.:::•:::::::::::::::-::-.,.:::::-,:•::-:.:.--.-:::.:.--.;.:..:::::-:-:,.:•:-:::::::::-::::,:.:.::-::-..-.:-.. .. . ... ......... . . .. ......... ... . ... . WA.CO.DEPT.OF LAND USE&TRANSP. _METRO AREA BOUNDARY COMMISSION _METRG.GREENSPAOIS • 150 N.First Avenue 800 NE Oregon St./16, Suite 540 mei Hule (cPwsizoivo Hillsboro,OR 97124 Portland,OR 97232-2109 600 NE Grand Avenue Portland, OR 97232-2736 A Brent Curtis(CPA'S _STATE HIGHWAY DIVISION Jim Tice acA's Sam Hunaidl ODOT/REGIONI wThike Borreson Engineen PO Box 25412 Laurie Nicholson/Trans. Planning - • • cott King(CPA's) Portland, OR 97225-0412 123 N.W.Flanders _Tom Harry(Current Planning App's) Portland,OR 97209-4037 . Lynn Bailey(Current Planning App's) x.OREGON DLCD(CPA's/MA's) • 1175 Court street, N.E. _OTHER ,,XITY OF BEAVERTON Salem,OR 97310-0590 Larry Conrad,Senior Planner • CITY OF PORTLAND PO Box 4755 _CITY OF DURHAM Planning Director Beaverton,OR 97076 City Manager 1120 SW 5th • PO Box 23483 Portland, OR 97204 CITY OF KING CITY Tigard,OR 97281-3483 — City Manager CITY OF LAKE OSWEGO 15300 SW 116th —CITY OF TUALATIN City Manager King City, OR 97224 PO Box 369 PO Box 369 Tualatin,OR 97062 Lake osayego;0R 97034 ,,,:::•::.:-::::::••.:::::•::.,-:•:.:::::•:::::::-:-::::.:::::::::::::•:•:::::',-::::::::::..._-:::..::::,,,,.:::-::::',:i.::-.::.::::::::.::-:::::::::.:::,-..:::::.•:•::.::::.::...:::•_:•..:.,!:::::::i spEtukt...AGENtiat.,,:i:::::-::::. ;:-. :::::::.-.;::::.::::.- -,::.:--:.......:::::.::::-:::::-i::-:::.:..:.:::::::-:::-::: ::::,::.::!.:::::::.i.::::::::::.:•:,:?:::.,i,::::::.::::.::::::::...,:::;:.:„::,,. GENERAL TELEPHONE ELECTRIC PORTLAND GENERAL ELECTRIC COLUMBIA CABLE CO. _ _ _ . Jim Wiesicamp,Engineering Brian Moore Craig Eyestone PO Box 23416 • • 14655 SW Old Scholis Ferry Rd. 14200 SW Brigadoon Court Tigard, OR 97281-3416 Beaverton, OR 97007 Beaverton, OR 97005 _NW NATURAL GAS CO. Prtone mow 721-2440 METRO AREA COMMUNICATIONS ..}C TRI-KET TRANSIT DEVELOPMENT Scott Palmer FaX($031 711.2302 Jason Hewitt Kim Knox, Project Planner 220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street . Portland, OR 97209-3991 1815 NW 169th Place S-6020 Portland, OR 97232 Beaverton, OR 97006-4886 _ — — TO CABLEVISION OF OREGON US WEST COMMUNICATIONS SOUTHERN PACIFIC TRANS.CO. Linda Peterson Pete Nelson • Duane M.Fomey,P15-Project Eng. 3500 SW Bond Street 421 SW Oak Street 800 NW 6th Ave., Room 324 Portland, OR 97201 Portland, OR 97204 Union Station Portland, OR 97209 • •• - -- •--- --- • . .... . ... ... . .. .... ... .... _. .•_.... . . .... ............... ...... ..... .... . .... . ......... ................ ..... ....................... STATE AGENCIES :' -:-:.';••::.•••:'....,..•:.--:-::,:•::'::::':;::::':-:..'::::...::::•:•'::::-.:•::::':-.:-.::--.•.::.•.•....•-•....:.:•:.•:::::::•:.:•;-•,:.:•••••:,.'::•:.::,• :-.......FEDERakiAGENags:-:::::::: :::::::::::::::::::::::: — — AERONAUTICS DIVISION(000T) DIVISION OF STATE LANDS US POSTAL SERVICE - —COMMERCE DEPT.- —M.H. PARK FISH &WILDUFE Randy Hammock, Growth Cord.— PUC —DOGAMI cedar Mill Station • DEPT.OF ENVIRONMENTAL QUALITY Portland, OR 97229-9998 U.S.ARMY CORPS.OF ENGINEERS OTHER ntuogimoatrovraloticmic