Ordinance No. 91-33 CITY OF TIGARD, OREGON
ORDINANCE NO.
ADOPTING FINDINGS FINDIidGS AND CONCLUSIONS TO APPROVE A
AN ORDINANCE R, AND ZONE CHANGE REQUESTED BY T. MICHAEL &
COMPREHENSIVE PLAN AMENDMENT
ASSOCIATES. (CPA 91-0004, ZON 91 -0007) .
WHEREAS, the applicant has requested al Comp a zone change rehensive Plan Amendment
menttfrom
Light Industrial to General Commercial,
G; and
WHEREAS, the Planning staff made recommendations e
City
s hearing on October 7h1991;
of Tigard Planning commission a
and
WHEREAS, the Tigard City Council held a public hearing on the proposed
to review Planning
changes on November 19, 1991, staff and Planning
Commission recommendations, as well as public testimony.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1- The proposal is ctsS1findings,stent t andlconclus ao s noted in
nt criteria
based upon the fac as Exhibit
II staff
identified
"A" , and
the attached fep "Al .
also the applicants epartent ed as Exhibit
ng
SECTION 2: The City Council concurs with the roved theomrequest and
staff recommendations, and app
the attached map,
redesignate the
iillustrated" , ia Comprehensive Plan
identified as Exhibit
designation of General Commercial (C-G)
its
SECTION 3 s This ordinance shall be effectiveal by ahes Matter and
passage by the Council, app
posting by the City Recorder.
By �r�, vote of all Council members
PASSED: number and title only, this
presgnt after being read py� � I991.
nd
it day of 11I�YP_M17�(
Wheatley, Cit Recorder
Catherir�
C �6i 1991.
APPROVED: This
day of J
k, Gera Edwards, Mayor
Approved as to foz
Date
ety'��tt��rney
Ifr t
br/CPA9104.Ord
} ORDINANCE No. 91- 33
Page 1
EXHIBIT"A"
STAFF REPORT TO THE PLANNING COMMISSION AGENDA ITEM
OCTOBER 7, 1991
TIGARD CITY HALL - TOWN HALL
13125 SW HALL BLVD.
TIGARD, OREGON
A. FACTS
1. General Information
CASE: Comprehensive Plan Amendment CPA 91-0004 / Zone Change ZON 91-0007
REQUEST: A request for approval of a Comprehensive Plan Amendment from
Light Industrial to General Commercial and a Zone Change from
I-P (Industrial Park) to C-G (General Commercial).
ZONING DESIGNATION: I-P (Industrial Park)
APPLICANT: T. Michael & Associates Ltd. OWNER: Same
9200 E. Mineral Avenue
Englewood, CO 80112
REPRESENTATIVE: Black Helterline Law Offices
Attn: Mr. Stark Ackerman
1200 The Bank of California Tower
707 SW Washington Street
Portland, OR 97205
LOCATION: 9370 SW Cascade Boulevard. Northeast corner of SW Scholls
Ferry Road, Cascade Boulevard at Highway 217 (WCTM 1S1 27DD,
tax lot 100).
2. Vicinitv Information
The subject site is generally triangular in shape and abuts the Tigard
city limits on its, east and west sides. The east side of the site is
bordered by State Highway 217 and an existing on-ramp. Scholls Ferry Road
(State Highway 210) borders the site on the west side. The southern
portion of the site abuts SW Cascade Boulevard which functions as a
frontage road to Highway 217.
3. Backaround Information
The subject property was annexed into the City of Tigard in October 1985.
The present building had been constructed prior to annexation and while
under a Washington County industrial zoning designation (NAl). Upon
annexation, this site was zoned I-P ,Industrial Park). This site has
since been primarily occupied by professional and administrative services
and Times Publications. There have been no other development applications
submitted for this site.
4. Site Information and Proposal Description
The subject parcel is approximately 1.1 acres in size and is developed
with a two-story, 23,550 square foot office building. The front entrance
to both the building and the parking area are oriented to SW Cascade
STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 1
s_
E
Boulevard. The parking lot provides a total of 79 vehicle parking spaces
(with three of those spaces being deaJ.9 aced as disabled person parking
spaces). The parking area is lighted and the balance of the site is
landscaped. A.ccesr- to the property is provided by a single driveway
accessing onto SW Cascade Boulevard.
5. Agency and NPO Comments
The Engineering Division has reviewed the proposal and offers the
following comments:
Traffic:
In general, uses allowed in a C-G zone have the potential for
greater traffic generation than the uses allowed in an I-P zone.
However, for this particular parcel, we do not find the potential
for greater traffic to be a concern. There are several reasons for
this conclusion.
The site is already fully developed. There is little potential for
expansion, unless the existing building and parking lot are
replaced. Currently, the building is used as an office building.
It is unlikely that the use of the upper portion of the building
will change in the foreseeable future. Therefore, only a relatively
small area is likely to be changed to uses that would generate
greatar traffic.
The site is small and severely constrained by street and highway
rights of way on all sides. There is no opportunity for expansion
or combination with other properties. Even if the property were
totallyredeveloped,pe , the potential {traffic generation from the site
would be relatively small in comparison to other commercial
developments.
Any substantial change in use for the site will require site
development review (SDR). Under SDR, there would be an opportunity
to review specific traffic demands of the proposed use and to
require appropriate mitigation of any traffic impacts. Mitigation
would likely include the widening of Cascade Blvd. to provide
additional turn lanes at the site entrance and at the adjoining
intersection of SW Cascade and SW Scholls ferry Road. Any widening
of SW Cascade would tend to further restrict the development
potential of the site.
Therefore, the Engineering Division concludes that there are
adequate restrictions in place to limit potential future traffic
increases and adequate mitigation measures available to address
potential future traffic increases that might occur as a result of
the approval of this zone change.
Utilities:
The proposed zone change is not expected to change the service need
for utilities in the area.
Recommendation:
The Engineering Department has no objection to the proposed
Comprehensive Plan Amendment and Zone Charge.
i STAFF REPORT CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 2
1
I
Neighborhood Planning Organization #2, City of Tigard Building Division.
General Telephone and Electric, Portland General Electric, City of
Beaverton, Tualatin Valley Fire and Rescue, have reviewed the application,
and have offered no comments or objections.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS
The relevant approval criteria in this case are Statewide Planning Goals
9, and 12, Comprehensive Plan Policies 1.1.2, 4.2.1, 5.1.4, 7.1.2, 7.2.1,
7.4.4, 7.5.2, 7.6.1, 8.1.1, 8.1.3 and 12.2.1 and Community Development
Code Sections 18.22.040 (A), and 18.62.
Staff concludes that the proposal is consistent with the applicable
Statewide Planning Goals based upon the following findings:
1. Goal 9 (Economic Development) is met because the proposal would
Provide an opportunity to enhance retail employment opportunities
within the City. This proposal will not affect vacant land
inventories since the site is already developed.
2. Goal 12 (Transportation) is satisfied because the subject site is
Provided with access to a convenient and economic transportation
system. The site is located adjacent to two major transportation
corridors (Highway 217 and Scholls Ferry Road) and a major collector
(SW Cascade Boulevard).
Staff has determined that the proposed Comprehensive Plan Amendment/Zone
Change is consistent with applicable Comprehensive Plan policies based
upon the findings noted below:
1. Plan Policy 1.1.2 requires that in order to approve a quasi-judicial
amendment to the Plan, the City must find that the change is
consistent with applicable plan policies, that a change of physical
circumstances has occurred since the original designation, or there
is evidence of a change in the neighborhood or community which
affects the subject parcel(s). Alternatively, the City must find
that a mistake was made in the original designation (Policy 1.1.2,
Implementation Strategy 2; Community Development Code Section
18.22.040 (A)). This Policy will be addressed at the end of this
section.
2. Plan Policy 4.2.1 is satisfied because this site is already
developed. Building and site improvements were reviewed for
compliance with applicable federal, state and regional water quality
standards in effect at the time of development. The proposed
redesignation of the site for General Commercial use will not result
in significant building or site modifications. Any changes to
impervious surface area shall be reviewed by Unified Sewerage Agency
for compliance with the Oregon Environmental' Quality Commission's
rules for the Tualatin River Basin, including the preparation and
implementation of a non-point source pollution control plan. The
proposed redesignation would not, by itself, affect compliance with
this plan policy.
3. Plan Policy 5.1.4 requires the City to ensure that new commercial
and industrial development shall not encroach into residential areas
that have not been designated for commercial uses. This Plan policy
STAFF REPORT _ CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC.
PAGE 3
y .k.
k
is satisfied because the subject property is not located within or
adjacent to a designated residential area.
4. Policies 7.1.2, 7.2.1, 7.4.4, 7.5.2, and 7.6.1 have been satisfied
because the subject property is currently served with urban
services, including water, sanitary and storm sewer. This site is
already developed and is not within the boundaries of the 100-year
floodplain or a designated area of ground instability. The
requested amendment will not require any changes to the service
delivery system. This developed site is highly visible from several
heavily traveled highways. Additionally, all service providers have
had the opportunity to comment on this application and have offered
no continents or objections.
5. Plan Policy 8.1.1 requires a safe and efficient street and roadway
system. This policy is satisfied because this property fronts SW
Cascade Boulevard, a major collector, and abuts two State Highways
(Highway 217 and Highway 210, SW Scholls Ferry Road). The existing
roadway pattern is able to accommodate the minor increase in traffic
volumes resulting from an approval of this application.
6. Plan Policy 8.1.3 will be satisfied as a condition of approval of
any future development or redevelopment on the site. Completion of
any necessary street improvements along the site's frontages and/or
parking lot modifications would be required to be installed by the
developer at the time of such development or redevelopment. The
Engineering Division and affected reviewing agencies will review any
future development proposals for the site.
7. Plan Policy 12.2.1 (General Commercial - locational criteria). The
applicable locational criteria specified in Chapter 12 of the
Comprehensive Plan are satisfied for the following reasons:
a. Spacing and locational criteria require that the commercial
area shall not be surrounded by residential districts on more
than two sides. This site is an industrial island within the
general commercial zoning designation and is not adjacent to
residential zoning districts on any side.
b. Site access criteria require: l) the proposed area shall not
create traffic congestion or traffic safety problems; 2) the
site shall have direct access from a major collector or
arterial street; and 3) public transportation shall be
available to the site.
The approval of this application will not result in a
noticeable change in traffic volumes. The existing building
is used for permitted General Commercial uses now. An
increase in traffic volumes due to retail services could be
expected. Approval of this application would remove a
relatively small Industrial Park island from the surrounding
General Commercial area. The subject site is adjacent to two
State Highways (Highway 217 and Highway 210-Scholls Ferry
Road) and a major collector (Cascade Boulevard). Direct site
access is provided to SW Cascade Boulevard. No new driveway
accesses are proposed with this application. Any increase in
traffic volumes caused by the C-G designation will be
negligible as most of this increase would be absorbed into the
much higher traffic volumes on Highway 217 and Scholls Ferry
Road. Additionally, transit service is available in proximity
to the existing development.
STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 4
� v.
i
C. Locational criteria also requires that the site be of a size
which can accommodate projected uses and that the Bite possess
high visibility. This criterion is satisfied for the 1.11
acre site. The existing building and site improvements can
adequately accommodate a variety of uses permitted within the
C-G (General Commercial) zoning district. This site is also
highly visible from adjoining roadway and state highways.
d. Impact Assessment is determined by addressing the following
criteria: 1) the scale of the project shall be compatible
with the surrounding uses; 2) the site configurations shall be
such that the privacy of adjacent non-commercial uses can be
maintained; 3) it shall be possible to incorporate unique site
features into the site design and development plan; and 4) the
associated lights, noise and activities shall not interfere
with adjoining non-commercial uses.
This Plan policy is satisfied because the impact to the
surrounding land uses is determined to be negligible. The
scale of the present development on this site is compatible
with the surrounding uses. There are no residential zoning
districts adjacent to this site as this property is surrounded
on all sides by commercial zoning designations. Additionally,
the applicant states that the scale and design character of
the building will not be dramatically changed with the future
intended remodeling of the existing structure.
The following provides an analysis concerning the Comprehensive Plan,
Volume 2, Policy 1.1.2, Implementation Strategy 2; Change or Mistake:
The applicant states that the exact date of construction of the
building on this site is not known. However, this building predates
the 1985 City annexation date of this property and, as such, was
developed to Washington County standards underan industrial
designation (MAl). The applicant also states that several changes
in physical circumstances have occurred since Washington County
originally applied an industrial designation to the subject
property.
Staff recognizes one such physical change on this site. The
applicant states that the City of Tigard amended the Comprehensive
Plan Map and zoning designations across Cascade Boulevard from the
subject property in 1980 (ZC 16-80). The designation of the 8.23
acres was changed from Industrial to General Commercial. Levitz
Furniture and Toys R Us stores were later built on the property.
With approval of that earlier amendment, the subject property was
left as an "island" of I-P land surrounded by arterials and
commercial zoning. Further, the larger land area in the vicinity of
the subject property at the Highway 217 & Scholls Ferry interchange
is zoned and developed for general commercial uses and the subject
property is no longer an appropriate location for Light Industrial
development.
When the subject site was annexed into the City, the site was given'
the Tigard zoning designation which most closely matched the
original Washington County zoning designation. However, the affect
of the previous 8.23 acre zone change from I-P to C-G, whish
occurred in 1980, is that a land use pattern had been created
whereby the newly zoned subject site would not fit the existing land
use pattern. In effect, an I-P island surrounded by commercial uses
had been created. It appears that a C-G designation would have been
STAFF REPORT - CPA 91-0004/ZON 91-OCC7 T. MICHAEL & ASSOC. PAGE 5
k
{
a more appropriate designation when the property initially received
f a City zone.
Therefore, staff contends that a change in physical circumstances
has occurred which makes the current I-P zoning designation
inappropriate for this site. Staff also contends that the zoning
designation of this site should be changed to C-G.
The proposed Comprehensive Plan Amendment/Zone Change is consistent with
applicable Community Development Code sections based upon the findings
noted below:
Section 18.22.040 eats forth the standards and procedures for amendments
to the Zoning 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:
I. The applicable comprehensive plan policies and map designation
and; the change will not adversely affect the health, safety
and welfare of the community;
2. The statewide planning goals adopted under Oregon Revised
Statues Chapter 197, until acknowledgement of the
comprehensive plan and ordinances;
3. The applicable standards of any provision of this code or
other applicable implementing ordinance; and
4. Evidence of char-,4e in the neighborhood or community or a
mistake or incons:�stency in the comprehensive plan or zoning
map as it relates to the property which is the subject of the
_ development application. (Ord. 89-06; Ord. 83-52)
This Code section is satisfied since the change will not adversely
affect the health, safety or welfare of the community because this
site is already developed and has been occupied with uses which are
permitted uses in the C-G zone as well as the present I-P zone. In
addition, as shown herein, the application complies with the
relevant provisions of the City's acknowledged Plan and Code. The
evidence of a change in the neighborhood has already been presented
under the previous review of Comprehensive Plan, Volume 2, Policy
1.1.2, Implementation Strategy 2.
Code Section 18.62 (General Commercial) contains the standards for the
GeneralCommercial zone. The subject site meets these requirements in
that the minimum lot width is greater than 50 feet, the existing structure
does not exceed 45 feet in height, the site coverage is less than 85% and
the landscaped area is greater than 15%. Additionally, the existing uses
are permitted uses within the General Commercial zoning designation.
C. OTHER CONSIDERATIONS
Although the-following considerations are not approval criteria for this
application, staff finds that they are relevant to this application and have been
addressed as follows:
1. Statewide Planning Goal 1 (Citizen Involvement) is met because the City
has adopted and follows a citizen involvement program which includes
review of development applications by the Neighborhood Planning
F STAFF REPORT- CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 6
1
f
Organization. In addition, all public notice requirements have been met
for the subject application.
2. Statewide Planning Goal 2 (Land Use Planning) is satisfied because the
City has applied all applicable Statewide Planning Goals, City
Comprehensive Plan policies, and Community Development Code requirements
in review of this application and will base its, discussion upon adequate
findings as discussed herein.
3. Plan Policy 1.1.1 is satisfied because the Comprehensive Plan is
consistent with the Statewide Planning Goals. This plan is kept current
with the needs of the community through being opened periodically for
necessary revisions and has been acknowledged.
4. Plan Policy 2.1.1. is satisfied because Neighborhood Planning Organization
#2, surroundi;:g property owners and the general public were given notice
of the public hearing related to this request as well as their opportunity
to comment on the proposal.
5. Plan Policy 5.1.1 is satisfied because this application would enhance the
diversification of economic opportunities available to Tigard residents.
The applicant states: According to a vacant land inventory completed in
1990, the City of Tigard had approximately 59 vacant acres designated for
General Commercial development and 91 vacant acres designated for
Industrial Park development. The amendment will not affect vacant land
inventories since the property is already developed. However, the
location of the property and site characteristics are consistent with
criteria for general commercial development, and would provide additional
commercial opportunities to balance undeveloped industrial opportunities.
Additionally, the applicant states: An estimated 318 of persons working
within the Tigard study area are employed in the retail sector, a higher
percentage than found in Washington County as a whole.
Therefore, staff contends that the conversion of this site from I-P to C-G
would provide an opportunity to 'enhance retail, or other commercial
business and job opportunities, within the City. Additionally, since this
site is developed, existing vacant_industrial land inventories will not be
affected.
6. Plan Policy 8.2.2 pertaining to public transit is satisfied because this
request provides for the location of general commercial uses in proximity
to existing public transitways.
7. Plan Policy 12.3.1 (Industrial-locational criteria). The locational
criteria specified in Chapter 12 of the Comprehensive Plan are partially
satisfied for the following reasons:
a) This Policy requires: 1) the uses on the site shall be buffered
from residential areas to assure that privacy and the residential
character of the area are preserved; 2) located on an arterial or
collector street and that industrial traffic shall not be channeled
through residential areas. This site does not abut any
residentially zoned district. This policy is satisfied because this
developed site does not cause either infringement of privacy upon,
or diversion of traffic through, any residentially zoned districts.
b) The site shall be of a size and shape which will provide for the
short and long range needs of the use. The applicant states:
..the site size, unusual configuration and existing building are
not suited to the needs and requirements of industrial park users.
Typically, industrial or flex space buildings are single story with
(3 STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 7
i
y,
i
�w
loading bays. Ruch of the recent "business park" development within
the City of Tigard had occurred within larger scale parks which are
developed and managed to accommodate a range of industrial,
distribution and office uses within a planned campus.
This site has been zoned I-P since 1985. Most of the uses which
have occupied this building could be classified as C-G uses as well
as I-P uses. Staffs' long range view of this site is that, under
the present I-P designation, this property may be developed with a
more intensive I-P use. A more intensive industrial development
would negatively impact the adjacent commercial properties more
severely than would a more intensive C-G use. Staff contends that
the short range, as well as long range, use of this site is more
appropriately that of C-G rather than I-P.
C) The land intended for development shall have an average site
topography of less than 6% grade, or that it can be demonstrated
that through engineering techniques all limitations to development
and the provision of services can be mitigated. This policy is
satisfied because this site does have a grade of leas than 6
percent.
d) It can be demonstrated that associated lights, noise and other
external effects will not interfere with the activities and uses on
surrounding properties. This policy is satisfied because the
requested zoning designation is the same as found on all abutting
properties. Therefore, the potential external effects are the same
as those possible on all abutting properties.
D. RECOMMENDATION
The Planning Division recommends that the Planning Commission forward a
recommendation to the City Council. for APPROVAL of Comprehensive Plan Amendment
CPA 91-0004 and Zone Change ZON 91-0007 based upon the foregoing findings.
PREPARED BY: Ron Pomeroy
Assistant Planner
APPROVED BY: Dick Bewersdorff
Senior Planner
cpa91-04.dec
STAFF REPORT - CPA 91-0004/ZON 91-0007 T. MICHAEL & ASSOC. PAGE 8
:
—q
EXHIBIT "Ally
PROPOSED FINDINGS FOR THE APPROVAL OF A
COMPREHENSIVE PLAN MAP AMENDMENT FROM LIGHT INDUSTRIAL
TO GENERAL COMMERCIAL AND A ZONE CHANGE FROM I-P
(INDUSTRIAL PARR) TO C-G (GENERAL COMMERCIAL)
FOR TAX LOT 100, 181 27DD
(APPLICATION CPA 91-0004, ZON 91-0007)
T. Michael & Associates Ltd. has requested amendments
to the City of Tigard's Comprehensive Plan map and zoning map to
change approximately 1. 1 acres of property within an existing
Light Industrial Comprehensive Plan designation and Industrial
Park zone to a General Commercial plan and zone designation. The
property is more particularly described as Tax Lot 100, Tax
Trap iS1 27DD, in the City of Tigard. The subject property is
currently developed with an existing building and the applicant
is proposing the Comprehensive Plan map amendment and zone change
to allow additional commercial retail uses for the building.
This application must_ be eyaluatedl aagaInat the
applicable approval criteria in the Land Conservation and
Development Commission's State-Wide Planning Goals, criteria in
the city's Comprehensive Plan, and criteria in the city's
Community Development Code. Compliance with these applicable
criteria is discussed as follows:
A. STATE-WIDE PLANNING GOALS
The subject application involves a request to amend the
city Comprehensive Plan map from Light Industrial to General
Commercial and the city zoning map from I-P (Industrial Park) to
C-G (General Commercial) for land within the city limits. We
find, from a review of the city's Comprehensive Plan and
Community Development Code and the discussion in the report
submitted with the applicant's application ("Applicant's
Report") , that the subject property does not involve land
characteristics, uses, impacts or changes in the overall nature
of the Comprehensive Plan that require the consideration of
State-Wide Planning Goals 1-8, 10-11 and 13-19. We further find
that the application does raise issues which make relevant the
mandatory approval criteria in Goals 9 and 12, which are
addressed in these findings as follows:
A.I. GOAL 9: ECONOMIC DEVELOPMENT.
Criterion: To provide adequata opportunities
throughout the state for a variety of
economic activities vital to the health,
welfare, and prosperity of Oregon citizens.
We find that this goal is intended to be a broadly-
worded, state-encompassing goal which establishes no minimum or
mandatory levels of opportunities or economic activities which
must be provided in any particular area of the state. We further
find that the city's Comprehensive Plan, through the designation
of commercial and industrial land in the city, provides land for
a variety of activities that could beneficially contribute to the
economy of the Tigard area. We find, based upon the Applicant's
Report, that the proposed plan and zone map amendments would
result in a designation for this site which is in keeping with
the surrounding uses. We further find, based upon the
Applicant's Report, that the proposed amendments for this site
take advantage of the site's outstanding accessibility and
visibility to create a prime retail location. lie also find, from
the Applicant's Report, that redesignation of the site is
expected to increase employment within the city. Based upon this
information, we find that the use of the site as prime commercial
property will be a positive economic benefit to the City of
Tigard and will strengthen the health, welfare and prosperity of
the community. We find that the use of the prime retail site for
commercial Increase the economic productivity Of
that area and the surrounding area and lead to an improved and
more stable commercial activity in the community because of the
high visibility and accessibility of that site and the expected
increased employment.
We find that the redesignation of this site from
industrial to commercial will not affect the city's inventories
of land suitable for increased economic growth because the
property is already developed and is not part of the city's
inventory of vacant developable land. We find that the existing
inventory still provides an adequate supply of sites of suitable
sizes, types, locations and service levels for a variety of
industrial and commercial uses, as was indicated in the recent
update of Chapter 5 of the Comprehensive Plan. We further find
that designating this site for commercial uses, because the site
is surrounded by commercial uses, will not in any way interfere
with existing industrial or commercial uses within the area and
in fact makes the property more compatible with the existing
surrounding commercial uses.
Based upon the above findings, we conclude that Goal 9
has been met.
A.2. GOAL 12: TRANSPORTATION.
criterion: To provide and encourage a safe,
convenient and economic transportation
system.
-2-
We find that the subject property is already developed
and connected to an established transportation system. The
property accesses S.W. Cascade Boulevard which is a major
collector. S.W. Cascade Boulevard connects at the northwest
corner of the property to Scholls Ferry Road, an east-west
arterial, at a signalized intersection. Scholls Ferry Road
connects with Highway 217, a major north-south arterial, at the
northeast corner of the property at a second signalized
intersection. We find, therefore, that the site is conveniently
located and easily accessible from surrounding communities. We
further find that the signalization of the nearby intersections
regulates the traffic flow to provide a safe system. The fact
that the system is already constructed means that the approval of
this application will not impose any additional cost to the
public, which we find makes this application economic. We
further find, based upon the Applicant's Report and the comments
of the city Engineering Division, that the potential future
traffic increase from commercial use of the property is limited,
that any such increase could be adequately mitigated, and that
the contemplated retail use may in fact disperse traffic voluiue
over a longer time interval because of the expanded shopping
hours associated with retail and particularly jewelry store
retail use. We conclude, therefore, that the proposed
Comprehensive Plan map amendment and zone change will result in a
safe, convenient and economic transportation system, and that
Goal 12 has been met.
B. COMPREHENSIVE PLAN CRITERIA
We find that the application before us requests an
amendment to both the city's Comprehensive Plan map and zoning
map. No Comprehensive Plan text amendment was requested. We
have reviewed the Comprehensive Plan for approval criteria
relevant to the requested ,map amendments and make below the
findings for the criteria we find applicable. In identifying the
applicable approval criteria, we only chose those that were
relevant to the proposed map amendments. We also only chose
c criteria that were mandatory (where compliance is required) and
not plan provisions couched in such terms as "encourage" (which
indicate desirable, but discretionary conditions) .
B.Y. CHAPTER 1: GENERAL POLICIES.
Criterion: Policy 2.1.2, Implementation
strategy 2. Quasi-judicial judicial changes to the
Comprehensive Plan Map: The Community
Development Code ("CDC") shall provide quasi-
judicial changes to the comprehensive Plan
Map which may be initiated by affected
t
-3-
i
parties on a gemi-annual basis and approved
if the city council finds% (a) the change is
consistent with applicable plan Policies;
(b) a change of physical circumstances has
occurred since the original designation; or
(c) a mistake was made in the original land
use designation.
We find, as is discussed specifically below for all of
the applicable Comprehensive Plan approval criteria, that the
proposed change is consistent with applicable plan policies.
We further find that the subject property was developed
while it was within the jurisdiction of Washington County under
an Industrial designation. When the property was annexed by the
city of Tigard, it was being used for a mix of office and
nonretail commercial uses. At the time of annexation, the city,
in accordance with an intergovernmental agreement between the
city and Washington County, applied the city designation that was
closest to the county industrial (MA11 designation. The city,
therefore, gave the property an industrial Comprehensive Plan
designation and an industrial park zoning designation.
We find that, even though the property was designated
industrial by the city at the time it was annexed, the location
of the property and the nonindustrial uses on it would have
justified either commercial or industrial designation because the
property meets the locational criteria for both commercial and
industrial designation. We further find that the property across
S.W. Cascade Boulevard from the subject property was previously
designatedindustrialbut is now designated general commercial,
and is developed with Toys R Us and Levitz Furniture retail
stores. This circumstance, in combination with the commercial
zoning across Scholls Ferry Road, has resulted in the subject
property becoming an isolated island of industrially zoned
property surrounded by commercially zoned property. We find,
therefore, that the changes in land use designations and patterns
in the area which have made the subject property an island of
industrial property amidst commercial uses are changes in
physical circumstances since the original designation, and are
sufficient to justify a Comprehensive Plan map amendment. We
conclude, therefore, that the criterion for quasi-judicial
changes to the Comprehensive Plan map has been met.
-4
B.2. CHAPTER 4: AIR, NMISR LAND REBOURCEB QUALITY.
Criterion: Policy 4.2.1. All devaiopment
within the Tigard urban planning area shall
comply with applicable federal, stats and
regional water quality standards.
We find, based upon the Applicant's Report, that the
subject property is already fully developed with a building and
associated parking and landscaping improvements, and that these
improvements were reviewed for compliance with applicable
federal, state and regional water quality standards at the time
of development. We further find that the requested map
amendments, by themselves, would not result in any additional
significant improvements or modifications to the site and would
not affect compliance with this plan policy. We conclude,
therefore, that this criterion has been met.
B.3. CHAPTER E: ECONOMY.
Criterion: Policy 5.1.4. 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.
We find that the subject property is not located within
or adjacent to a designated residential area. We conclude,
therefore, that this criterion has been met.
B.4. CHAPTER 7: PUBLIC FACILITIES AND BERVICEs.
B.4.a. Criterion: Policy 7.1.2. The city shall
require as a pre-condition to development
approval that:
a. Development coincide with the
availability of adequate service capacity
including:
1. Public water,
2. Public sewer shall be required
for new development Within the city
unless the property involved is
over 300 feet from a sewer line and
Washington County Health Department
approval for a private disposal
system is obtained: and
�. -5-
3. Storm drainage.
b. The facilities are:
1. Capable of adequately serving
all intervening properties and the
proposed development; and
2. Designed to city standards.
c. All new development utilities to be
placed underground.
We find, based upon the Applicant's Report and the
Staff Report, that the subject property is currently fully served
with urban services, including public water, sanitary and storm
sewer. We further find that the area surrounding the subject
property has been previously developed such that adequate
services are available to the entire area, including intervening
properties. We find that the s:bjea-t property is a?ready
developed and is supplied with electricity from overhead power
lines which run along S.W. Cascade Boulevard. We find, because
of the .preexisting development of the subject property and power
line system, that this is not a situation where new electrical
service is being provided. Therefore, we find that this
criterion does not require that the existing power lines be
placed underground. We further find that service providers have
been given an opportunity to review this application and have had
no comments questioning the ability to provide services. We
conclude, therefore, that this criterion has been met.
B.4.b. Criterion: Policy 7.2.1. The city shall
require as a pre-condition to development
that:
a. R site development study be submitted for
development in areas subject to poor
drainage, ground instability or flooding
which shows that the development is safe and
will not create adverse offsite impacts;
b. Natural drainage ways be maintained
unless submitted studies show that
alternative drainage solutions can solve
on-site drainage problems and will assure no
adverse offsite impacts;
-6-
e
c. All drainage can be handled on-site or
there is an alternative solution which will
not increase the offsite impact;
d. The i00-yeas floodplain elevation as
established by the 1981 flood insurance study
conducted by the U.S. Army Corps of Engineers
be protected; and
e. Erosion control techniques be included as
a part of the site development plan.
We find, based upon the Applicant's Report, that the
subject property is not located within the boundaries of a
100-year floodplain or a designated area of ground instability.
We find- therefore, that a site development study is not
required. We further find that since the site is already fully
developed, approval of the proposed map amendments will not, by
itself, affect natural drainage ways or erosion or increase
offsite impacts. We conclude, therefore, that this criterion has
been met.
B.4.c. Criterion: Policy 7.4.4. The city shall
require that all new development be connected
to approved sanitary sewerage system.
Based upon the Applicant's Report, we find that the
subject property is connected to the sanitary sewerage system
through an existing sewer trunk line located in S.W. Cascade
Boulevard that provides gravity flow service to the subject
property. We conclude, therefore, that this criterion has been
meta
B.4.d. Criterion: Policy 7.5.2. As part of the
ongoing development review, the city shall:
a. Require visible identification signs to
assist emergency vehicles in locating the
area of the problem;
b. Utilize defensible space concepts; and
c. Require the Tigard Police Department to
review development applications.
We find, based upon the Applicant's Report, that the
subject property is located in a highly visible location in plain
view from two county highways and a major city collector street.
We further find that the building on the property is highly
-7-
t
e
visible from all three of these roads and that the current and
proposed signage for the tenants of the building is likely to
make it very easy for the Police Department to locate the
property and respond to any problems. We also find that the
property is already developed so that there is little opportunity
to, at this point in time, incorporate special defensible space
concepts. However, we find from the Applicant's Report that the
applicant intends to incorporate security considerations in
future renovation of the property, particularly in conjunction
with providing protection for a jewelry retail store. Finally,
we find that the ,application has been distributed to the Tigard
Police Department for their review. We conclude, therefore, that
this criterion has been met.
B.4.e. Criterion: Policy 7.6.1. The city shall
require as a pre-condition to development
that:
a. The development be served by a Water
system having adequate water pressure for
fire protection purposes;
b. The development shall not reduce the
water pressure in the area below h level
adequate for fire protection purposes; and
c. The applicable fire district review all
applications.
We find from the Applicant's Report and the Staff
Report that the subject property is supplied by adequate
services, among which are existing water mains and hydrants
located in S.W. Cascade Boulevard, adjacent to the site. We
further find that, since the subject property is already
developed and the proposed map amendments involve no change in
that development, the proposal would not reduce the water
pressure below that which exists now. We also find that the
proposal has been submitted to the fire district for its review
and that the district has submitted no objections to the
proposal. We conclude, therefore, that this criterion has been
met.
B.S. CHAPTER 8: TRANSPORTATION.
B.S.a. Criterion: Policy 8.1.1. The city shall
plan for a safe and efficient street and
roadway system that meets current needs and
anticipated future growth and devW opment.
-s-
We find, based upon the findings for Criteria A.2 and
B.5,b, that the subject property is already developed and
connected to an existing safe, convenient and efficient
transportation system, and that any increased traffic resulting
from the proposed amendments can be adequately provided for. We
conclude, therefore, that this criterion has been met.
B.S.b. Criterion: Policy 8.1.3. The city shall
require as a pre-condition to development
approval that:
a. Development abut a publicly dedicated
street or have adequate access approved by
the appropriate approval authority;
b. Street right-of-way be dedicated where
the street is substandard in width;
c. The developer commit to the construction
of the streets, curbs and sidewalks to city
standards within the development;
d. Individual developers participate in the
improvement of existing streets, curbs and
sidewalks to the extent of the developments
impacts;
e. Street improvements be made and street
signs or signals be provided when the
development is found to create or intensify a
traffic hazard;
f. Transit stops, bus turnout lanes and
shelters be provided when the proposed use is
of a type which generates transit ridership;
g. Parking spaces be set aside and marked
for cars operated by disabled persons and
that the spaces be located as close as
possible to the entrance designed for
disabled persons; and
h. hand be dedicated to implement the
bicycle/pedestrian corridor in accordance
with the adopted plan.
We find that the subject property is already developed.
We further find that this policy is intended to apply to
development or redevelopment where the construction of buildings
1
-9-
or other improvements is anticipated, not to impose retroactively
new standards on already developed property. We find, therefore,
that this policy does not impose any new requirements on the
subject property in the context of Comprehensive Plan map
amendment or zone map amendment approval. However, even if this
policy does apply to the proposed map amendments, we find that
the policy has been met. We find, based upon the Applicant's
Report and the Staff Report, that the subject property abuts
S.W. Cascade Boulevard, a major collector. We find, based upon
the Applicant's Report and comments of the city Engineering
Division, that this application will not require any dedication
of street right-of-way, or any construction or improvement of
streets, curbs and sidewalks. We further find, based upon the
comments of the city Engineering Division, that because the
changes in traffic use as a result of the approval of this
application would only have a minor impact on the traffic
intensity in the area, and bocause there are adequate
restrictions in place to limit and mitigate potential future
traffic increases, that no additional street improvements are
required for approval of this application to avoid a traffic
hazard. We find that the applicant need not make any additional
provision for transit stops or bus turnout lanes since, ,based
upon the Applicant's Report and the Staff Report, transit service
is already available along Scholls Ferry Road, and since the
proposed use is oriented toward automobile travel and is not
expected to generate a significant amount of transit ridership.
We further find, from the Applicant's Report, that the subject
k property contains three parking spaces close to the building
entrance which are marked for disabled persons. Finally, we find
that the subject property is not included within any designated
bicycle or pedestrian corridor and that no special provisions are
therefore required for these uses. Based upon the above
findings, we conclude that this criterion has been met.
B.G. CHAPTER 12: LOCATIONAL CRITERIA.
Criterions Policy 12.2.1. The city shall:
a. Provide for commercial development based
on the type of use, its size and required
trade area.
w
b. Apply all applicable plan policies.
c. Apply the appropriate locational criteria
applicable to the scale of the project.
-10-
w
i
glo-IM CORKERCIAL RTERIi1.
General commercial areas are intended to
provide for major retail goods and services,-
The
ervices.The uses classified as general Commercial may
involve drive--in services, large space users,
a combination of retail, service, wholesale
and repair services or provide services to
the traveling public. The uses range from
automobile repair and services, supply and
equipment stores, vehicle sales, drive-in
restaurants to laundry establishments. It is
intended that these uses be adjacent to an
arterial or major collector street.
a. scale.
(1) Trade Area. varies.
(2) Site Size. Depends on development.
(3) Gross Leasable Area. varies.
n` b. Locational Criteria.
(1) spacing and Location.
(a) The commercial area is not
surrounded by residential districts
on more than two sides.
(2) Access.
(a) The proposed area or expansion
of an existing area 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
t movements, and the traffic
generating charactehistics of the
various types of uses.
(b) The site shall have direct
access from a major collector or
arterial street.
(r
-11-
"r
(c) Public transportation shall be
available to the site or general
area.
(3) Site Characteristics.
(a) The site shall be of a size
which can accommodate present and
projected uses.
(b) The site shall have high
visibility.
(4) Impact Assessment.
(a) The scale of the project shall
be compatible with the surrounding
uses.
(b) The site configuration and
characteristics shall be such that
the privacy of adjacent non-
x
commercial uses can be maintained.
(c) It shall be possible to
incorporate the unique site
features into the site design and
development plan.
(d) The associated lights, noise
and activities shall not interfere
with adjoining non-residential
uses.
We find, first of all, that all applicable plan
policies have been met as is discussed in the findings above. We
further find, as is discussed more fully below, that the subject
property is ideally located for designation for general
commercial use because of its type of use, its size, its trade
area and its conformity to the general commercial locational
criteria. Based upon the Applicant's Report, we find that the
site is already developed with a building that is being used by
businesses that are permitted uses in the General Commercial
zone, and that there are plans to use the first floor of the
building for a Shane Co. retail jewelry store. We further find,
also based upon the Applicant's Report, that the site is only a'
short distance from the Washington Square shopping mall. We find
that the subject property is within the same trade area as the
Washington Square shopping mall because the general commercial
-12-
use of the subject property will draw upon the same people that
are drawn to Washington Square and Washington
SquareaII. We
find, based upon the existing and planned
able
trade area,
and the additional consideration ofeloca tonal
is
criteria discussed below, that the subject prop Y
appropriate for commercial use.
We find that the subject property falls squarely within
the locational criteria for general commercial areas. The
ounded by residential districts on
subject property is not surr
more than two sides and, in fact, is not adjacent
cant'sany
Report,
residential zone. We find, bnsed upon
Division�,liand the Staff
the comments of the city Eng' eering
Report, that the subject property is already developed and that
approval of the proposed map amendments will at most only the
existing traffic volume y arain
commentsor midentifyingunt. In anotstreet
of )
city Engineering Divas
capacity or congestion problems associated with approval of this
application, (2) the statements in the Applicant's Report and
Staff Report that the traffic volume from the planned Shane Co.
retail use will represent only a minor fraction of the overall
background volumes on adjacentroadways anfiis likelyngsorto be in
the evenings and on weekends, and (3)
theCriteria A.2 and B.5, we find that the proposed map amendments
will not create traffic congestion or a traffic safety problem.
We further find that the site has direct access to a major
lic transportation is available
collector street and that pub
nearby.
We find that the site characteristics of the subject
property are conducive to general commercial use. The site is
already developed and by its past and Fprese ogee tike siteehashat
it is suitable for commercialuses*
extremely high visibility
namely Scholls1FerryyRoad andfrom ,Highwayr217,
roadways in the area, Y visible, easily
which make it ideally suited as a highly
accessible commercial retail site We find that theTorsperties
near the subject property contain Levitz Furniture, Y
Silo, and Cascade Plaza stores, which are commercial retail uses,
and that the proposed scale and use of the subject property is
compatible with and will not interfere with those adjacent
nonresidential uses. We further find that there are no adjacent
noncommercial uses that would be interfered with because there
{ are no adjacent noncommercial uses.
Based upon the above findings, we conclude that t"is
criterion has been met.
-A13-
x
C. COMMUNITY DEVELOPMENT CODE
C.1. MaNDME TTS 'rO THE ZONING MAF.
Criterion: Policy 18.22.040. Quasi-judicial
Amendments and Standards for Making the
Decision.
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;
2. The statewide planning goals adopted
under Oregon Revised Statutes Chapter 197,
until acknowledgment of the comprehensive
plan and ordinances;
2. The applicable standards of any provision
of this code or other applicable implementing
ordinance; and
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.
We find that subsection 2 of this criterion does not
apply because the city's Comprehensive Plan and ordinances have
been acknowledged. We further find that many of the remaining
standards within this criterion are parallel to standards in the
Comprehensive Plan for amendments of the Comprehensive Plan map.
To the extent that those standards are similar, we adopt the
findings in support of the Comprehensive Plan map amendment
z` discussed above in Section B.I.
We find additionally that the proposed map amendments
will not adversely affect the health, safety and welfare of the
community. Since the subject property is already developed, and
has been occupied with uses permitted in the General Commercial
zone, the impact of the proposed change will be minimal. There
{ may be some slight change in the nature and amount of traffic
-14-
levels, but we agree with the Staff Report and the Engineering
Division that the change created by the proposed map amendments
would be minimal and not adverse. We further find that, since
this approval involves no direct changes to the site, the impact
on the community should be minor. On the positive side, we find
that the cemammunity should profit from the opportunity to utilize
this ideal commercial retail location for commercial purposes.
Based upon the above findings, we conclude that this criterion
has been met.
C.2. CRART$R 28.62: GENERAL COMMERCIAL DISTRICT.
We find that the proposed map amendments comply with
the standards for uses in the General Commercial zone. In terms
of the proposed use of the site, we find that the identified
existing and proposed uses contemplated for the site are office
and administrative uses such as insurance agencies, tax services,
medical clinics and retail uses such as a jewelry store. All of
these uses are permitted uses within the General Commercial zone.
Since S.W. Cascade Boulevard and Scholls Ferry Road are a major
collector and an arterial, respectively, approving the proposed
map amendments is consistent with the purpose of the General
Commercial zone, which is to site uses adjacent to an arterial or
major collector streets.
With regard to dimensional requirements within the
General Commercial zone, we find that the existing building and
site development comply with applicable requirements and
standards. specifically, the lot width is greater than the
50 foot minimum; the existing building is less than the 45 foot
maximums the building on the site and paved areas represent
80 percent of the site, well within the maximum 85 percent
coverage for buildings and impervious surfaces; and the site
includes 20 percent landscaping, which is in excess of the
required 15 percent of the site. The General Commercial zone
does not establish yard setbacks except where the zone abuts a
residential zone. Since that is not the case here, we find that
setbacks are met. Based upon the above findings, we conclude
that the standards within the General Commercial zone are met for
the proposed application.
CONCLUSION
We find that the redesignation of the subject property
to a plan designation of Commercial and a zone designation of
General Commercial complies with the applicable approval
criteria. Therefore, we approve the proposed redesignations.
aa302
--15-
,I
EXHIBIT "B"_
NI
f s�
� N s
y
to
z �O �•
m
1
i
i
� � J
LI - Z
m !O
w D