Ordinance No. 94-20A y _ ,
CITY OF TIGA.RD, OREGON
ORDINANCE NO. 94-c A
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 94-
03, Burghardt) AND DECLARING AN EFFECTIVE DATE.
WHEREAS, The City Council held a public hearing on September <7, 1994, to
consider initiating annexation and to consider land use and zoning designation
for one parcel east of Hall blvd. and south of Spruce Street; and
VdEREAS, on September 27, 1994, the City Council approved a resolution forwarding
the annexation to the Portland Metropolitan Area Local Government Boundary
Commission; and
WHEREAS, the land use and zoning district designation recommended by the planning
staff as; set forth in the attached staff report and in Section 1 below is that
which most closely conforms to the Washington County zoning designation.
THE CITY OF TIGARD ORDAIN€ AS FOLLOWS:
Section 1: Upon annexation, the subject properties shall be designated as
follows
lax Man/Lot Number Current Zonine New Zoning
ISI 35AD lot 2900 Wash. Co. R-15 Tigard R-12
Current Land Use New Land Use
Wash. Co. R-15 Medium Density
Residential
Section 2: This ordinance shall become effective upon filing of the
annexation final order with the office of the Secretary of State.
PASSED: By MaOitiouO vote of all Council members present after
being read by number and title only, this day of
.y
Catherine Wheatley, Cit ecorder
APPROVED: This � — --- da; oaf---G� ,�Pi 19 4.
„a chwartz, Mayor
Approved as to form:
City Attorii
nate
EKNIBIT •AN
Mr.: OF TIGARD CITY COUNCIL
FINAL ORDSR
A FINAL OR1DNR INCLUDING BINDINGS MM CONCLUSIONS WITH REGARD TO AN APVMCATION
FOR A COMPRNR=OM PLAN At3R MMSHT AND ZONN CHANGE AN'PLICATIONS REQUNS°ARD BY THE
NIK3trS CNNTSR ABSOCIATES.
The Tigard City Council reviewed the application below at a public hearing an
September 27, 1994. The City Council approves the request. The Council has
based its decision on the facts, findings and conclusions noted below.
A. FACTS
1. General information
CASE: Comprehensive Plan Amendment CPA 94-0004
Zone Change ZON 94-0006
REQUEST: A request for approval of a Comprehensive Plan Amendment from
I-L (Light Industrial) to C-G (General Commercial) and a Zone
Change reauest from I-P (Industrial Park) to C-G (General
Commercial) .
APPLICANT Nimbus Center Associates
oil NW 19th, Suite 102
Portland, OR 97209
OWNERS: same
REPRESENTATIv6: Richard Allen
Ball, Jarick aid Novack
One gain Place
101 SIF Main Street, Suite 1100
Portland, OR 97204-3274
LOCATIJN: 101.15 Nimbus Avenue (WCTM 1S1 34AA, tax lot 1900) The site is
located at the southwest corner of SW Scholls Ferry Road and
SW Nimbus Avenue within the Koll Business Center.
2. 3Fi.cinity Information
The subject site is 2.43 acres in .eine and is located or, the southwest
cornea of SW Scholls Ferry Road and Nimbus Avenue within the Koll Business
Center. SW Nimbus Avenue is a local street serving the Koll Business
Center 'which consists of approximately 50 acres adjoining Fanno Creek
ccsth of SW Scholls Ferry Road west of the 217 State Highway. Fanno Creek
borders the entire business Center to the west. Areas to the north of SW
Scholls Ferry Road are within the City of Beaverton and are developed with
a mixture of commercial and business r� rk uses. Properties to the east
and south are zoned Planned Industrial and are a part of the Koll Business
Center,
3. Background Information
The first phase of the Koll Business Center consisted of four industrial
tenant buildings constructed in 1979. In 1984, Sensitive Lands Permit 5-
Aft was approved to allow reconstruction of Nimbus Avenue within a portion
of the 100-year flood plain, in return other areas were excavated to
maintain the existing flood plain elevation. Reconstruction of the road
FINAL ORDER CPA 94-0004/ZON 44-0006 Nimbus Center Associates PAGE 1
permitted further development of the Koll Business Center. The subject
` property was developed in 1986.
On August 22, 1994 the Planning Commission conducted a Public Bearing
concerning this rracmest and recommended that the City Council approve this
application subject to the findings within this report.
4. §Jtg XpfgMtion and ?roposal Dpsgri do
The site is a single parcel within the Koll Business Center: which was
developed with in line tenant suites and a Burger King Restaurant. The
property owner has proposed to redesignate the Comprehensive Plan and
Zoning District Map from its current Light Industrial and Planned
Industrial Comprehensive Plan Map and Zoning District Map designations to
General Commercial. Under the sites current Planned Industrial zoning
designation a limited number of basic retail uses are allowed.
The applicant has requested this land use amendment because the limited
number of commercial uses permitted under the Planned Industrial
Designation has limited the range of tenants which are permitted to lease
suites at the site. The subject property is highly visible to motorists
and pedestrians traveling on SW vcholls Ferry Road. The applicant states
that due to the site's visibility the center has historically drawn many
of its customers from the area at large rather than primarily from
industrial tenants within the Koll Business Center.
5. Aarengv Commer.ts
The Engineering Division has reviewed the proposal and provided the
following comments:
The applicants have submitted a statement in support of their request for
the;map amendment and rezone that indicates the traffic generated by the
change in uses allowed under the general commercial zone will not be
greater that those allowed by the industrial zone. In the statement, they
note that the existing parking spaces in the center exceed the number
required by the proposed zone change_
The existing site takes access from SW Nimbus Avenue from a driveway
located a sufficient distance from the intersection of SW Scrolls Ferry
Zcad that provides minimum conflicts with the traffic at the signalized
intersection of SW S&olls Perry Road and SW limbus Avenue.
Since no new construction is proposed, we concur that any change to the
traffic impacts of the project will be minimal. in addition, no
substantial impacts are likely on the City utility systems.
Therefore, we have no objectic,ns to the proposed zone change.
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 Comprehensive Plan
Policies 1.1.2, 2.1.1, 5.1.4, 8.1.1, and 12.2.2 and Community Development
Code Sections 16.22, 18.32 and 18.62.
FINAL ORDER CPA 94-0004/ZON 94-0006 Nimbus Center Associates PAGE 2
section 18.22,1140 oats forth the standards and procedures for amendments
to the Zoning Map which have been reviewed as follows:
A recommadation 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 Celan policies and map designation and;
the change will not adversely affect the health, safety and welfare
of the community;
The following are the applicable Comprehensive Plan Policies related
to this request and how the application addresses each criteria is
reviewed following each policy.
Plan Policy 1.1.2 requires that in order to appro.re a quasi-judicial
amendment to the Plan, the City must find twat the change is
consistent with applicable plan policies, that a change of physical
circumstaneea has occurred since the original designation, or there
is evidence of a change in the neighborhood or community which
affects the subject parcels. Alternatively, the City must find that
a mistake was made in the original designation] Along with
development of the Kofi Business Center, the larger Tigard and
Beaverton Area has experienced significant growth. The remaining
properties within the Nimbus Center have been developed since 1979
with a mixture of light industrial uses. Due to its location the
subject property will continue to serve customers from a wider area
than the Koll Business Center.
By permitting the site to be rezoned, a greater range of commercial
uses and services would be permitted. These services are expected
to be used by both citizens of the area at large and tenants of the
Koll Business Center. The primary reasons for this amendment relate
to how the present zoning of the property limits the types of
commercialuses which can locate at the site. The Planned
Industrial zone contains restrictions which relate to a "development
complex" which is a group of buildings which are developed on a
single parcel. This restriction limits several of the major
commercial uses to up Lo 20%; of the total building square footage of
a development complex for uses such as General Retail Sales,
Convenience Sales, Eating and Drinking Eastablishments etcetera.
The applicant states that this limits the types of commercial uses
which can take place at the site and has put this commercially
developed site in directs competition with the Nimbus industrial Park
for industrial tenants which are often not suited to locate within
a' suite in a commercial center.
The amendment is justified based on the existing general commercial
type improvements developed over the entire site Development Code
restrictions presently limit the commercial uses which can be
provided at this site and has restricted fully leasing the site for
commercial uses. Because of its location the adjoining areas have
changed. The Koll Buisness Center has been built out with
approximately one million square feet leaseable space. This change
has placed the center increasingly at a disadvantage in terms of
attracting industrial tenants. The adjoining industrial park area
has been developed specifically to serve the facility requirements
of industrial users whereas the subject site has been developed for
commercial uses.
Plan Policy 2,1.1 states that the City shall maintain an -ongoing
citizen involvement program and shall assure that citizens will be
FINAL, ORDER CPA 94-0004/ZON 94-0006 Nimbus Center Ase.ociates PAGE 3
provided an opportunity to be involved in all phases of the planning
process, The applicant provided notice of and conducted a meeting
for interested property owners within a 250 foot radius of the
affected property. The CIT representative for this area was also
notified of the neighborhood meeting. Notice is being provided of
the Planning Commission and City Council Public Hearings for this
proposal. The site was also posted with a sign indicating the type
of land use amendment proposed for this site.
Plan Policy 5.1.4 states that the City shall ensure that new
commercial and industrial development shall not encroach into
residential arias that have not been designated for commercial uses.
This policy is satisfied because the subject property is not
presently zoned for residential use.
Plan Policy 8.1.1 states that the City shall plan for a safe and
effl4cient street and roadway system that meets current needs and
anticipated future growth and development. This policy is satisfied
because this property has frontage on SW Scholls Ferry Road (State
Highway 210) designated an Artei:it St'r'at on the City of Tigard
Comprehensive Transportation Plan Map. The existing roadway pattern
is expected to accommodate the minor increase in traffic volume
resulting from an approval of a zone change on this site.
Plans Policy 12.2.2 provides the locational criteria for General
C arcial zon-1mg. he applicable loCational criteria specified in
Chapter 12 of the Comprehensive Plan aro the following;
Spacing and locational criteria require that the commercial area
shall not be surrounded by residential districts on mor® than two
qP sides. This site is within a heavily developed light in&�-,trial
area. The site is buffered from existing residential uses to the
west by FaiLno Creep.
The acale of the project shall be compatible with the surrounding
uses. The site was developed with an linear brick ,single story
building with leaseable suites. A single story brick Burger King
restaurant wca also developed towards the atreet corner of the
property. Through the site development process this structure was
found to be compatible with the design of adjoining existing axd
planned development within the area. No revisions to the site are
anticipated as a result of this amendment. Any future changes will
also be reviewed for compatibility with surrounding uses.
Site aceeas criteria require: 1) 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; acid 3)
public transportation shall be available to the site. The approval
of this app— cation is not expected to result in traffic congestion
or traffic safety problems. The existing commercial center is used
for 'a limited range General Comu:arcial type uses presently. An
increase in traffic volumes due to expanded commercial services is
expected but at the time the site was developed all street
improvements serving the site were developed in anticipation of site
improvements within the entire Kolb Business Center being leased for
industrial Pavk uses which generate sifilar traffic impacts.
Allowing a wider range of commercial uses at this site will not
create traffic congestion or safety problem for the larger area.
Due to the design of the existing buildings on the site and the
potential types of commercial uses that could utilize the site
improvements; direct added impacts to adjoining street's as ,a result
FISvAL ORDER CPA 94-0004/ZON 94-0006 Wimbas Center Associates PAGE 4
of this land use amendment is minimal. Direct site access is
presently provided to SW Nimbus Avenue. No new driveway access is
proposed with this application. Transit service is available to the
site from SW 8cholls Ferry Road. Future site modifications to the
property will be reviewed through the site development review
process for any additional impacts to the street system.
Locational criteria also requires that the site be of a size which
can accommodate projected uses and that the site possess high
visibility. This criterion is satisfied for the 2.43 acre site.
The existilg site improvements accommodate a variety of uses
permitted within the General Commercial Zoning District. This site
is also highly visible from adjoining roadways.
Impact Assessment is determined by addressing the following
criteria: 1) the scale of the project shall be compatible with the
surrounding uses; 1) the site configurations shall bo 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 plans and 4) the associated lights, noise and
activities shall not interfere with adjoining non-commercial uses.
,This policy is satisfied because the impact to surrounding land uses
is expected to be negligible. The scale of the present development
on this site was previously determined to be compatible with the
surrounding uses. Feature modifications to the Rite improvements
will also be reviewed for compatibility with adjoining land uses.
Section 18.32 sets forth the procedural requ-rements for review of Quasi-
Judicial Plan Amendments. Subsection 18.32.090 (D) and (E) set forth the
review requirements for Quasi-judicial Plan Amendments. This section
requires that the Planning Commission review proposed amendments and
provide a recommendation for action to the City Council. The application
has been processed in accordance with the :requirements of the Community
Development Code.
Section 18.62 sets forty, the development standards for property within the
General Commercial. Zoning District. The subject site meets 'these
requirements because the parcel average width is greater than 50 feet.
The existing structures do not exceed 45 feet in height. The site
coverage is "less than 85 percent and the landscaped area is greater thin
i5 percent, The existing uses on the site are permitted user within the
proposed General Commercial Zoninq Designation.
2. The sta;;ewids planning goals adopted under Oregon Revised Statues
Chapter 197, until acknowledgement of the Comprehensive playa and
ordinance&i The Comprehensive Plan has been acknowledged. Each
amendment to the plan is provided to the appropriate State Agencies
for review. Notice of filing of this application has been provided
to the State Department of Land Conservation and Development for
comment more than 45 days prior to the final hearing on this
application as required under State of Oregon Administrative Rule
660-18-020. If approved by the City Ccuncil, Notice of Adoption
will also be provided to the Department of Land Conservation and
Dedelopment
3. The applicable standarde of any provision of, this code or other
applicable implementing ordinances Section. 18.62 of the Community
Development Code sets forth the development standards for the
General Commercial Zoning District. The subject site meets these
recpAremente because the lot width average is greater than 50 feet.
The existing structures do not exceed 45 feet in height. The site
coverage with improvious surfaces is less than 85 percent and the
FIWkL ORDER CPA 94-0004/ZON 94-0006 Nimbus Center Asbociates PAGE, 5
landscaped area is greater than 15 percent. The existing uses on
the site are permitted in the General Commercial Zoning District.
4. Xvideuco of change in the neighborhood or coamunity or a mistake or
inconsistency in the comprehensive plan or ssonl.ng may as it relates
to the property which is the subject of the devtOopment application;
Along with the Koll Business Center the larger Tigard and Beaverton
Area has experienced significant growth. Due to its location the
subject property will continue to serve customers from a wider area
than primarily the tenants in the Koll Business Center.
The primary reasons for this amendment relate to physical growth of
the greater area, the physical location of the site and the design
of the site improvements which were approved at this location. By
permitting the site to be rezoned a greater range of commercial uses
and services would be permitted. These services are expected to be
used by both citizens of the area at large and tenants of the Koll
Business Center. Additional space which is leased within the center
may create additional employment opportunities for area residents.
The Planned Industrial zone allows up to 20 percent of a development
complex to be utilized with limited commercial uses. There is
concern that approval of change to the land use designation may lead
to redevelopment of industrial sites within the Koll Business Cen�:er
for commercial use. However, it is not expected that the Koll
Business Center will redevelop with additional commercial
development due to the recently developed nature of industrial uses
within the center. Future applications for development or
redevelopment will be reviewed for consistency with the development
standards of the Planned Industrial Zone which limits the total of
square footage which can be developed for commercial use.
in terms of desig_u the site functions presently as a General
Commercial site so that a mistake can be said to have been made in
�,Aba
"&"*'_l8li 1ng the range the commercial uses permitted on the site to
convenience services designed pr'marily for use by tenants within
the Koll Fusineas Center. This land use amendment will allow
additional tenants which provide commercial goads and services to
locate in an existing commercial center with negligble expected
impact to adjoining areas.
C. DECYSION
The City Council approves the requested Comprehensive Plan Amendment for
Washington County Tax Map properties 1S134AF, tax lots 1900 from Light
Industrial and Planned Industrial respectively to General Commercial, C-G.
The City Council finds that the change will promote the general welfare of
the City and will not be significantly .detrimental or injurious to
surrounding land uses.
It is further ordered that the applicant and parties to these proceedings
be notified of the entry of this order.
ARM
FINAL ORDER CPA 94-0004/LON 94-0006 Nimbus Center Associates PAGES 6
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