Ordinance No. 90-30 CITY OF TIGARD OREGON
ORDINANCE NO. 90-amu
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A
COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY
BINGHAM INVESTMENT AND SPIEKER PARTNERS (CPA 90-04/ZC 90-02).
WHEREAS, the applicant has requested a Comprehensive Plan Amendment from Light
Industrial to Commercial General and a Zone Change from I-L (Light Industrial) to C-G
(Commercial General) on approximately 6.6 acres; and
WHEREAS, the Planning staff made recommendation of findings for denial to the City of
Tigard Planning Commission at a public hearing on July 10, 1990; and
WHEREAS, the Tigard City Council held a public hearing on the proposed changes on
August 27, 1990 and September 17, 1990 to review Planning staff recommendation,Planning
Commission recommendation for approval, and public testimony.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The proposal is consistent with all relevant criteria based upon the facts,
findings, and conclusions noted below:
A. FACTS
1. General Information
CASE: Comprehensive Plan Amendment CPA 90-0004
1 Zone Change ZON 90-0002
REQUEST: 1) Plan Map Amendment from Light Industrial
to General Commercial
2) Zone Change from I-L (Light Industrial) district
to C-G (General Commercial) district
APPLICANT: Spieker Partners
5285 Meadow Road
Lake Oswego, OR 97034
OWNER: Bingham Investments
3939 NW St. Helens Road
Portland, OR 97210
ORDINANCE NO. 90-3U
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AGENT: Mackenzie/Saito & Associates (Lans Stout)
0690 SW Bancroft St.
P.O. Box 69039
Portland, OR 97201-0039
LOCATION: Northwest quadrant of the intersection of Interstate 5 and Lower
Boones Ferry Road at intersection with SW 72nd Avenue and
Bridgeport Road.
PROPERTY DESCRIPTION: WCTM 2S1 13AD, Tax Lot 1700
2. Background Information
The property was annexed to the City of Tigard in 1976, and has been zoned I-
L since that time. No land use or development applications for this parcel have
been reviewed by the City since annexation.
3. Vicinity Information
The subject acre site is bounded on the west by SW 72nd, on the east by 1-5, on
the north by the Oregon Business Park, and on the south by undeveloped right-
of-way along Lower Boones Ferry Road. Surrounding uses and zoning
designations are an industrial park zoned I-L to the north;the former Washington
County quarry,which is zoned I-P (Industrial Park) and which is currently being
filled in preparation for possible future development,is to the west;Tri-Met's Park
and Ride is to the south across Lower Boones Ferry Road within the City of
Tualatin;and 1-5 to the east. Industrial development is the predominant land use
on the west side of the freeway interchange,whereas commercial development is
the predominant use on the east side.
4. Site Information and Proposal Description
The 6.6 acre undeveloped site is generally flat and is slightly below the grade of
the freeway thereby providing substantial exposure to freeway traffic. There is a
stand of large Douglas Fir trees on the site along with some smaller deciduous
trees and low-lying brush.
The applicant requests a Plan Map amendment from Light Industrial to General
Commercial and a Zone Change from the I-L(Light Industrial)zoning district to
the C-G (General Commercial) zoning district. The applicant has submitted a
statement designated Narrative In Support of a Proposed Amendment to the City
of Tigard Comprehensive Plan Map and Zoning_Man, In addition, the applicant
lam. ORDINANCE NO, 90-
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has submitted a traffic study in tabular form. The traffic study is summarized
within the Narrative.
Although the proposed redesignation would make the subject property available
for development of any of the permitted or conditional uses allowed in the C-G
zoning district, the applicant's Narrative and traffic study focus on use of this site
for a combined hotel and retail center. Hotels and retail sales are permitted uses
in the C-G zone and are not either permitted or conditional uses in the present
I-L zoning designation applied to the property.
5. Agency and NPQ Comments
The Engineering Division has reviewed the proposal and offers the following
comments:
As mentioned in the applicant's submittal, there are adequate storm and
sanitary sewers in S.W. 72nd Avenue to serve the site.
The Oregon State Highway Division has reviewed the revised traffic study
provided by the applicant and has agreed that traffic concerns have been
adequately addressed. The Engineering Division is in agreement with the
conclusions of the Highway Division.
The Oregon State Highway Division originally expressed concerns regarding the
proposal. The applicant provided additional information to the Division and at
the Planning Commission hearing, a representative from the Division indicated
that satisfactory short and long range solutions were available to accommodate
this plan and zone change. The Division had no objection to the proposal.
The City of Durham has reviewed the proposal and has requested that every effort
be made during development of the site to preserve as many trees as possible, in
order to help preserve the air quality of our environment in this particular air
shed. In addition, traffic controls should be provided in order to ensure
coordinated use of 72nd and Lower Boones Ferry Road.
The City of Tualatin Planning Department reviewed the proposal and offered
comments regarding the applicant's traffic analysis report but made no
recommendation regarding the proposed Plan Amendment/Zone Change.
Tualatin questioned the traffic analysis' assumptions regarding the timing for the
future extension of Durham Road to SW 72nd Avenue and for the addition of
turn lanes at the I-5/Lower Boones Perry Road interchange. In addition,Tualatin
questions the validity of assumptions regarding the amount of traffic to the site
that will result from drive-by traffic. The City of Tualatin agrees with the traffic
analysis' statement that this interchange and the surrounding roadways and uses
are a regional issue. Should the requested land use change be approved, the City
of Tualatin encourages the City of Tigard to actively support future freeway and
interchange improvement projects in this area.
ORDINANCE NO. 90- 30
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The Building Division,Tigard Water District, Washington County Department of
Land Use and Transportation, General Telephone, and PGE have reviewed the
proposal and have issued no comments or objections.
No other comments have been received.
B.FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Statewide Planning Goals 1, 2, 9, and 12;
Comprehensive Plan Policies 2.1.1, 4.2.1, 4.3.1, 5.1.1, 7.1.2, 7.2.1, 7.4.4, 7.6.1, 8.1.1, 8.1.3,
and 12.2.1 (Locational Criteria for the General Commercial Use); and the change or
mistake quasi-judicial Plan Map Amendment criteria of both the Comprehensive Plan
and Comtmunity Development Code.
The City Council concludes that the proposal is in compliance with the applicable
Statewide Planning Goals based upon the following findings:
1. Goal#1 (Citizen Involvement) is satisfied because the City has adopted a citizen
involvement program including review of all land use and development
applications by neighborhood planning organizations (NPOs). In addition, all
public notice requirements related to this application have been satisfied.
2. Goal #2 (Land Use Planning) is satisfied because the City has applied all
applicable Statewide Planning Goals,City of Tigard Comprehensive Plan Policies,
and Community Development Code requirements to the review of this proposal
3. Goal #9 (Economy of the State) is satisfied because the proposed redesignation
would increase the City's inventory of developable commercial land although it
would decrease the inventory of developable industrial land. No net impact on
employment in the City is foreseen in the proposed redesignation.
4. Goal#12(Transportation)is satisfied because the proposed redesignation will not
adversely affect upon the remaining traffic capacity of adjacent streets and the I-
5 interchange. This is more thoroughly discussed under Plan Policy 8.1.1 below.
The City Council has determined that the proposed Plan Map Amendment/Zone Change
is consistent with the Comprehensive Plan based upon the findings below:
1. Plan Policy 2.1.1 is satisfied because Neighborhood Planning Organization#5 and
surrounding property owners were given notice of public hearings related to the
request and to their opportunityto comment on the proposal.
2. Plan Policy 4.2.1 will be satisfied through the development review and building
permit processes at which time a development proposal for this site must be
shown to comply with applicable Federal, State, and regional water quality
requirements including preparation and implementation of a non-point source
pollution control plan in compliance with the Oregon Environmental Quality
ORDINANCE NO. 90- 3f]
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Commission's temporary rules for the Tualatin River Basin. The proposed
redesignation does not by itself affect compliance with this Plan Policy.
1 Plan Policy 4.3.1 is implemented through the development review process in which
building placement and landscaping are reviewed with respect to minimizing noise
impacts of the developing use upon neighboring land uses.
4. Plan Policy 5.1.1 states that:
The City shall promote activities aimed at the diversification of the
economic opportunities available to Tigard residents with particular
emphasis placed on the growth of the local job market.
This policy is considered important to this application because the subject property
is located within the largest industrial district in the City. Additional information
was submitted for consideration at the September 17, 1990 hearing relating to the
impact of this proposal upon Policy 5.1.1. The Council considered the following
information to be relevant:
a. Thirty-two percent (241 acres) of the City's I-L/I-P zoned land is vacant
or underutilized, while 29 percent (128 acres) of the City's C-G land is
vacant or underutilized.
b. Forty-seven percent (166 acres) of the I-L/ I-P zoned land it the vicinity
of the site is vacant or underutilized.
C. The 6.6 acres represents 2.7 percent of the total vacant/underutilized I-
L/I-P land in the City and 5.1 percent of the total vacant/underutilized C-
G land in the City.
d. A letter from John Ingle, Economist, indicates that the 1990 Metro
Employment Density Study shows that retail commercial projects typically
produce about 25 employees per acre, while industrial projects produce
about 20 employees per acre.
e. Applying average wage rates to these employment figures shows that
commercial projects generate about $201 per hour per acre, and industrial
projects about $210 per hour per acre.
These findings are the basis for the City Council's conclusion that the
redesignation of the subject property from Indust.-cial to Commercial complies with
Policy 5.1.1. These findings indicate that industrial and commercial will have
about the same economic impact in terms of employment and income for Tigard
residents. Further, this 6.6 acre parcel represents a small percentage of the total
vacant/underutilized I-L/I-P land in the City (2.7 percent).
The Council concludes that a redesignation of this property for commercial
ORDINANCE NO. go-30
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purposes will provide economic benefits to the citizens of Tigard at a minimum
in a substantially similar manner as if the property retained its industrial
designation and will provide immediate economic benefits as a commercial
development inasmuch as the property has remained undeveloped as an industrial
site.
5. Plan Policies 7.1.2, 7.2.1, 7.4.4, and 7.6.1 are satisfied because adequate public
service capacities are available to serve future development of this site. Extension
of necessary public facilities to serve the site are the responsibility of the
developer. The City of Tigard notifies applicable public and private utility
providers of pending development applications.
6. Plan 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.
This policy is of critical importance in this case because of the development which
is occurring in the vicinity of the I-5/Boons Ferry Road interchange.
An initial traffic study, in response to the proposed amendments, indicated the
existence of heavy traffic conditions at the intersection of S.W. 72nd Avenue and
S.W.Bridgeport Road. Since the Oregon Department of Transportation(ODOT)
initially expressed concern that the proposed zone change would exacerbate the
existing conditions, the applicant sponsored an additional study of the traffic
conditions in the area which involved the ODOT, Tri-Met, the cities of Tualatin
and Tigard,and Washington County. The study produced several alternatives,one
which was a generally regarded as the best solution for the future improvement
of the intersection of S.W.72nd Avenue and S.W.Bridgeport Road. The Council
finds that:
a. The intersection of 72nd Avenue and Bridgeport Road, and of Bridgeport
Road and I-5 ramp terminus both function at an acceptable level of service
when independently analyzed.
b. The traffic problem evident at this location is the lack of adequate stacking
distance for left turns, which results in traffic failing to clear the
intersection during the green signal.
C. Development of the site under the I-1✓zone will add about 74 P.M. peak
hour trips to the intersection (2.9 percent of projected future total) while
C-G zoning would add about 161 trips (6.3 percent of future total).
d. Most of the site-related traffic under C-G zoning would be exiting the
freeway and turning right from Bridgeport Road to 72nd Avenue, thus
utilizing a noncritical movement in terms of intersection function and
4.- ORDINANCE NO. 90- 30
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capacity.
e. The southbound 72nd Avenue to eastbound Bridgeport Road and
westbound Bridgeport Road to southbound 72nd Avenue vehicle stacking
requirements are virtually the same for either industrial or commercial
development on the subject property.
f. ODOT has a 1991 project to re-stripe and widen turn lanes to improve the
critical intersection lanes.
g. Washington County has expressed a willingness to work with the other
affected jurisdictions and property owners to effectuate a long-term
improvement to the intersection of 72nd Avenue and Bridgeport Road.
h. Tom Schwab of ODOT testified before the Planning commission that the
applicant's studies and conclusions were accurate,and,specifically,that the
change to a commercial designation and subsequent development would
not impact the affected intersection significantly or differently than
development under the existing I-L zone. As a result, the Council is in
concurrence with ODOT's conclusion relative to traffic issues.
Based on these findings, the City Council concludes that there is a unique traffic
condition in the area, where the critical intersection will continue to function at
an acceptable level. 'the Council has found that because of these unusual
conditions, site development under the proposed C-G zone will not have a
significantly different impact on the level of service than if the site were developed
under the present I-L zone, and that the traffic associated with the C-G
designation can be accommodated by the street system.
7. Plan Policy 8.1.3 will be satisfied as a condition of approval of any future
development of this site. Completion of necessary street improvements along the
site's frontages would be required to be installed by the developer at the time of
development. The Engineering Division,the Oregon State Highway Division,and
the City of Tualatin would review any future development proposals for the site
with regard to necessary road improvements.
8. The locational criteria for General Commercial uses specified in Chapter 12 of
the Comprehensive Plan (Policy 12.2.1) are satisfied for the following reasons:
A. The subject area is not surrounded by residential development on more
than two sides. The closest residentially designated property is in excess
of 1/2 mile away.
B. As discussed above under Statewide Planning Goal #12 and Pla- Policy
8.1.1,the proposed commercial redesignation will not substantially increase
traffic on adjacent streets and intersections or lead to an unsatisfactory level
of service. This conclusion is based largely upon the analysis and
ORDINANCE NO. 90-30
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recommendations of the Oregon State Highway Division.
C. The site is located at the intersection of an arterial (I-5) and several major
collector streets. Access to the site for any future development will be
determined in conjunction with the Oregon State Highway Division through
the development review process.
D. Public transportation is available across Lower Boones Ferry Road from
the site at the Tri-Met Park and Ride.
E. The 6.6 acre site is an adequate size to accommodate a variety of uses
permitted in the C-C3 zoning district.
F. This site is highly visible from the adjoining streets, especially I-5.
G. Compatibility of this site with adjacent uses is difficult to ascertain without
an actual development proposal. However, the City of Tigard's Site
Development Review and Conditional Use review processes are intended
to provide an opportunity for review of a potential development's
relationship with adjacent existing uses. Because the site abuts only
industrial property and major streets, compatibility issues regarding future
development would be anticipated to minimal except with regard to traffic
concerns.
In order to approve a quasi-judicial amendment to the Plan and zoning maps, the City
must also find that there is evidence of a change in the neighborhood or community
which affects the parcel. Alternatively,the City must find that there has been a mistake
or inconsistency with regard to the original designation of the parcel (Comprehensive
Plan,Volume 2,Policy 1.1.1, Implementation Strategy 2;Community Development Code
Section 18.22.040(A)). The applicant's Narrative asserts that there has been a change
in the character of the area surrounding the site because of the substantial amount of
commercial development that has occurred within the City of Tualatin in the interchange
area thereby making the Iand uses in the area predominantly commercial in character.
Adopted policies in the Tualatin Comprehensive Plan encourage commercial
development in the other three quadrants of this interchange. The City Council finds
that the 'Tigard land use designation of Light Industrial is inconsistent with those of the
City of Tualatin and that circumstances have changed due to amendments of land use
designations in Tualatin to commercial and the subsequent development of these and
other properties.
SECTION 2: The City Council concurs with the Planning Commission's recommendation
and approves the request as illustrated on the Comprehensive Plan Land
Use Map and Zoning Map as set forth in Exhibit "'A" (map).
ORDINANCE NO. 90— 30
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Ago
SECTION 3: This ordinance shall be effective on and after the 31st day atter its passage
by Council, and approval by the Mayor.
PASSED: By GL f l'k vote of all Council members present after being read
by number and?itle only, this�"�lay of October, 1990.
`Catherine Wheatley, City Recorder
E=41
APPROVED: This day of Ocpb�r, 990.
f
�ierald . E ar ayor
f�
Approved as to form:
City Attorney
/0// //f
�-�
E, Date
CPA90-04.ORD/kl
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{
ORDINANCE NO. 90-- ✓�
Page 9
Comprehensive Plan Amendment
Light Inckstrial to General Coninwdal
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Zone Change: I-L to C-C
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