Ordinance No. 94-27 1
CITY OF TIGIM, OREGON
ORDINANCE NO, 94- _Qj^
AN ORDINANCE ADOPTING FINDI14GS AND CONCLUSIONS TO APPROVE A
COMPREHENSIVE PT,AN MAP ,AMENDMENT AND ZONING MAP AMENDMENT REQUESTED BY
ALBERTSON'S INCORPORATED (CPA 93-0009 AND ZON 93-0003) .
WHEREAS, the applicant has' requested a Comprehensive Plan Map Amendment
from Medium-High Density Residential to redesignate approximately 8
acres of a 1 ..95 acre parcel from Medium-High Density Residential to
Comm."aity Commercial and a Comprehensive Plan approval to redesignate a
5.93 acre parcel from Neighborhood Commercial to Medium-High Density
Residential. The applicant's request also includes accompanying Zone`
Changes which propose to redesignate the property fry.:; i-12 (PD) and R
25(PD) (Residential, 12/25 units per acre, Planned Development) to C-C
(Community Commercial.) and C-N (Neighborhood-Commercial) to R-25
Residential, 25 units per acre) .
THE CITY OF "TIGARD ORDAINS AS FOLLOWS:
AML SECTION 1: The proposal is consistent with all relevant criteria based
Capon the facts, findings and conclusions, noted in the attached final
order, additional findings and vicinity maps identified as Exhibits A,
B, C-a and C-2;
SEC'T'ION 2: The City Council concurs with the Planning Commission and
staff recommendations and approves the request to redesignate the
parcels illustrated on the attached maps (Exhibits C-1 and C-2) with
Comprehensive Plan designations of Community Commercial and Medium-Hitch
Density Residential
SECTION 3: This-ordinance shall be effective at the time of issuance of
building or` developmert permics. If development does not occur, this
creinance shall not become effective because the Corimiunity Commercial
Zoning` District provisions require concur-resat review of the site plan.
xi s BEte: y 2��]P► .d er�ta cif :,l 7 Council member
resetnt
after b grad by number and title only, this; �� day
Of �, t �Y: 1994.
Catherine Wheatley, City Reco er
APPROVED-. This _ day of a 1994,
Schwartz, Mayor
Approved as to forme;
a tornay
Data
e
OPJ)I ANCE No. 94 s��'
� r
1 1
EXHIBIT "A"
CITY OF TIGARD CITY COUNCIL
FINAL 'I tDER
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN
APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT, ZONE CHANGE, SITE
DEVELOPMENT REVIEW AND MINOR LAND PARTITION APPLICATIONS REQUESTED
BY ALBERTSON'S INCORPORATED.
The Tigard City Council reviewed the application below at a public
hearing on December 13, 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
Comprehensive Plan Amendment CPA 93-0009
Zone Change ZON 93-0003
Site Development Review SDR 93-0014
Minor Land Partition MLT 93-0013
A request for the following development approvals:
1) Comprehensive Plan and. Zone Change to redesignate
approximately 8 acres of a 11.95 acre parcel from Medium-High
Density Residential to Community Commercial and a
Comprehensive Plan and Zone Change approval to redesignate a
6.93 acre parcel from Neighborhood Commercial to Medium-High
Density Residential Proposed Zone Changes accompanying the
above plan changes includes request for a zone change from R-
12 (PD) and R-25 (PD) (Residential, 25 ua:its/acre, Planned
Development) to C-C (Community Commercial) and C-N
(Neighborhood Commercial) to R-25 (Residential, 25
units/acre) ;
2) Site Development Review approval to allow the construction of
a 40,000 square foot Albertson's Grocery Store and three
smaller tenant pads of 5,950, 2,400 and 1,200 square feet.
The applicant has also proposed two 4,000 square foot .retail
pads.
3) Minor Land Partition approval •-.o divide an 11.95' acre :tiarcel
into two parcels of approximatel;= 8 acres and 3 .95 acres each.
Applicant: Albertson's. 7.nc, (Don Duncombe
17001 NE San Rafael
Portland, OR 97230
AM
FINAL ORDER - GPA 93-09/ZON 93-,03/SDR 93-14 '- ALBERTSON'S PAGE I
1 �
Agent: John Shonkwil.er, P.C.
Attorney at Law
4040 Douglas Way
PO Box 1568
. Lake Oswego, OR 97035
Owner: Margery Crist, et. al.
Route 1, Box 792
Beaverton, OR 97007
Location: Southeast and northeast quadrants of the intersection
of SW Scholls Ferry Road and SW Walnut Street. (WCTM
2S1 4BB, tax lots 100 and 200) .
Applicable Review Criteria:
Statewide Planning Goals 1, 2, 6, 9, 10, 11, 13 and 14;
Comprehensive Plan Policies 1.1.1, 1.1.2, 4.1.1, 4.2.1,
6.1.1, 6.4.1, 6. 6.1, 7.1.2, 7.2.1, 7.4.4, 7 .5.2, 7.6.1,
8.1.1, 8.1.3, 8 .2.2, 8.4.1, 9.1.3, 12.1.1. , 12.2, and
12.2.1 and 12.3 .4; and
Community Development Code Chapters 18.22, 18. 32,
18.56,18.60, 18 .61, 18.98, 18.100, 18.102, 18.108,
18.114, 18.120, 18 .130, 18.162, and 18.164.
2. Background InfGrmatlon
An area that included the subject property was annexed to the
Cite of Tigard on June 12, 1983. In August 1983, the City
approved a variety of.plan and zone designations for the area,
including I' ediuni-liigh Density Residential (R-20, now R-25
zone) Medium Density Residential (R-12 zone) , and
Neighborhood Commercial (C-N zone)
The City subsequently approved the relocation of. the C_N
designation in a number of locations in the vicinity between
1983 and 1986 (Case files CPA 18-83/AC 114-83, CPA 4-85/ZC 4-
85, CPA 1-86/ZC 3-86) . The current C-11 designation is located
on Tax Leat 100. A complete summary of haat City actions
pertaining to the amendments to the size and location of the
N-C de gnatit_n is presented in the staff report for an
earlier r'',omorchensive Plan Amendment proposed by Albertson's
for this property (Case File CPA 91-0003/ZCA 91-0006) .
A number of singlefarily and multi-family residential
developments have been 'proposed for all or a r>ortion of the
subjecIC property bel--ween 1986 and 1990 (Cast; Files SDR 4-86,-
S 87-04;/V 57-04, S_ 87-07, SU 90-04/ZON 90-04/ZON 90-04/VAR
90•.08) . Development has recently occurred following the
approval of Castle Hill Subdivision.
FINAL ORDER - CPA 93-09/ZON 93-03/SDR 53-14 - ALBERTSON'S PAGE 2
In 1991, Albertsons applied for a Comprehensive Plan Amendment
and Zone Change (CPA 91-0003/GCA 91-0006) to establish an
eight acre Commercial General (C-G) site on Tax Lot 200. The
request also involved the redesignation of the existing C-N
site on Tax Lot 100 to Medium-High Residential (R-25) . A
final decision by the City Council was stayed at the request
of the applicant.
Fcllowing this application, the City considered including a
new Community Commercial zoning designation as part of the
Comprehensive Plan and Community Development Code. After a
lengthy review, the City adopted the Community Commercial
designation in December .1992.
On November 15, 1993 the Planning Commission recommended that
the City Council approve the application with the inclusion of
conditions for an automobile access driveway to SW Northview
Drive, a pedestrian staircase to SW Northview Drive,
conceptual building design details which are consistent with
the grocery store design. The Planning Commission also
recommended that an access plan for the 3.95 acre parcel south
of the site and an improved interior parking lot pedestrian
pathway system.
On January 25, 1994 the City Council remanded the application
back to the Planning Commission due to concerns related to
property owner notification, the findings within the staff
report and the appropriateness of proposed development within
the Community CommerCial Zoning District.
The ,applicant has wade the following revisions to the proposal
as a result of concerns. raised at neighborhood meetings and
issues raised by the City Council at the January 25, 1994
Public Hearing:
e The proposed commercial uses on the pads oppposite to the
Al'oertsons Pad have been modififed. The gas station and
Shari'o uses have been eliminated as prospective tenants. The
pads are shown as 4,000 scraare foot retail sites.
® A new brick wall has been proposed along portions of the
proposed eight acre parcel's property frontage on SW Northview
Drive.
0 The staircase entrance from SW Northview Drive has been
modified to include a series of 90 degree turns to obscure the
staircase entrance.
0 The applicant hoe, agreed not to develop the site with tenants
which would have 2,1-hour commercial operations due to
pew-ential impacts to adjoining revidentia.l areas.
FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 - ALBERTSON'S - PAGE 3
• The applicant re-%:,-iseJ the site plan to provide at separate
staircase from SW Northview , Drive to the grocery store
building and separated pedestrian pathways for internal
"circulation between all buildings and through the center of
the parking lot.
• The site has been posted with a sign showing the proposed site
development plan for the shopping center.
• The applicant has also discussed dedication of the multi-
family area south of the Albertson's site to the Castle Hill
Neighborhood Association for future development as a
neighborhood open space area.
• The applicant has provided a history of the application, a
synopsis of the changes which have been made to the plan, a
security lighting plan, a noise study and conceptual plans for
Albertson's store, the site plan, the wall proposed along SW
Northview Drive.
Cn November 7, 1994 the Planning Commission recommended that
the City Council approve the application without the inclusion
of conditions for an automobile access driveway to SW
`iTorthview Drive. A portion of the Commission felt that the
Council should consider provision of a one-way drive way which
Fkllows ingress but not egress onto SW Northview Drive. The
Aft commission felt that the improved interior parking lot
pedestrian pathway system was sufficient as proposed..
The staff recommendation is still to provide additional
pedestrian connections into the site along the southerly and
northerly driveways from SW Scholls Ferry. it is also
recommended that a driveway be provided into the site from
one of three potential locations along SW Northview Drive in
order to avoid turning conflicts to and from SW Walnut Street.
The applicant has prepared proposed findings which reflect the
Planning Commission recommendation. It is recommended that
the applicant prepare, detailed findings which address the
Council's decision which would be ircorp.-3rate_ into a final
older.
3. yiq--nits InfcrKwat_ion
Single family residential development in the Castle Hill
Subdivision lies to the east and south. To the northeast is
the Cotswald Subdivision which is of a similar character and
density. A day school is on the west side of SW Scholls Ferry
Road, A few large lot single family residences also exist to
the north, south and west of the subject area. A quarry
operated by Morse Brothers Inc. is located to the southwest,
across SW Scholls Ferry Road.
FINAL ORDER - CPA 93-09/ZON 93-03/SDS? 5.-�-14 - ALBERTSOYv'S - PAGE 4
R-25 (PD) zoning surrounds the parcel currently designated C-N.
The area south of the proposed C-C designation is zoned R-
12 (PD) and R-25 (PD) . The area across SW Scholls Ferry Road
from this area is zoned by the City of Beaverton as R-2
(multi-family, 2,000 square feet lot area/unit) . The average
allowable density within a 1/2 mile radius of the site is
approximately 15 units per acre.
Other commercial , sites within the general vicinity of the
proposal include:
Murray Hill Shopping Center located approximately 3/4 mile
north on Murray Boulevard;
Greenway Town Center Shopping Center located approximately 1-
1/4 mile east on Scholls Ferry Road;
Washington Scrua.re located approximately 2-1/2 miles east; and
Several commercial renters along Pacific Highway, including
the Tiaard Central Business District, located approximately
two miles to the southeast.
4. Site Informations
There are two properties involved in this application. Tax
Lot 100 is 6.93 acres in size, zoned C-N, and located on the
northeast corner of SW Scholls Ferry Road and Walnut Street.
This parcel is a vacant, grassy' field with a relatively
moderate grade
Tax Lot 200 is 11.95 acres in size, zoned R-12 (PD) and R-
25 (PD) , and located on the southeast corner of SW Scholls
Ferry Road and Walnut Street. This property is also a vacant,
grassy field, but it slopes significantly downward away from
the Castile Hill Subdivision to Scholls Ferry Road.
5. Proposal Description
The applicant has submitted a packet of materials which
describe the various facets of the application. The applicant
has also provided an uprate to .the previous traffic studies
conducted in August and December of 1.993, a .noise impact study
and a security lighting plan has also been provided.
The application includes the following four separate
components:
a. CPA 93-0009/ZCA 93-0003
A proposed change of the C-N designation on Tai: Lot 100 to R-
25, and, change the R-12 (PD) and R-25 (FD) designation for a
FINAL ORDER - CPA 93-09/ZON 93--03/SDR 93-14 - XLBERTSON'S - PACE 5
acres of Tax Lot 200 to C-C, leaving the remaining land use
designations on the property as they are (see Exhibit A) .
This change is Proposed to be consistent with the requirements
associated with the City's C-C designation and the ohilligations
of the City to maintain an adequate inventory of multi-family
residential land.
b. SDR 93- 1014
The applicant proposes to develop_a shopping center with, a
total of 57,550 square feet of floor space. This space
includes a 40,000 square foot grocery store, 9,550 square feet
of additional commercial space adjacent to the grocery store
and two separate pad sites totalling 8,000 square feet, (see
Exhibit B) . The applicant has provided preliminary site,
grading, utility, and landscaping plans. Conceptual building
e7. =rations providing detail of proposed design features for
the Albertson's have also been Drovided.
A 40, 000 square foot Albertson' s Grocery Store and 9,550
square feet of commercial space are proposed for the southern
portion of the site. A truck access and loading area is
proposed along the south side of the building. The southern
and eastern portions of tl.a site are proposed to be graded
extensively azd the south side of the main building wound have
a floor elevation that is 8 to 24 feet below the existing
grade.
A freestanding tenant pad site is proposed towards the
southeast corner of SW Scholls Ferry Road and SW Walnut
Street, a second freestanding pad is intended for the
southwest corner of SW Walnut Street and SW Northview Drive.
The applicant has revised the application to indicate both
pads are intended to be developed with retail uses. The
applicant has withdrawn the conditional use permit portion of
this application.
The applicant has not submitted development plans for any of
the residential areas on the subject properties.
In aadit-Lon to the specific uses shown on the site plan and
referred to in the applicant's statement, approval of other
uses is requested, This is because all tenants of the center
have not been committed. it .is also expected that tenants
will change over time, The additional uses which may be
located at the site and are permitted in the C-C zone for
which the applicant requests approval are:
Animal sales and services;
Consumer repair services;
Convenience sales and personal servi.cec;;
Children's day care;
ADFINAL- ORDER - CPA 93-09/ZON 93-03118DR 93-14 - ALBERTSON'S PAGE v
Eating and drinking facilities;
General retail sales (less than 10, 000 square feet;
General offices (medical, dental, financial, insurance, real
estate, professional and administrative services) ; and
Indoor participant sports and recreation.
Three driveways are proposed on SW Schol.ls Ferry Road and one
driveway is shown on SW Walnut Street. Internal sidewalks are
shown immediately adjacent to the commercial buildings.
Sidewalks link the two pad sites with the public sidewalks on
the perimeter of the project, a sidewalk and staircase
connections are proposed between the grocery store and SW
Northview Drive.
C. MLP 93-0013
The applicant wishes to create a separate 8 acre parcel for
the shopping center. The other 3.95 acre parcel is intended
for future residential development. The applicant has also
discussed the option of dedicating this parcel to the
Castlehill Homeowners Association (see Exhibit C-2) .
6. Agency ani' fieLghbor food Comments
The Engineering Department has reviewed the proposal and
offers the following comments:
Findincas
1. ACCESS
The proposed site plan shows driveway access to SW Scholls
Ferry Road and SW Walnut Street, but no driveway access to SW
Noa:th-view Drive. This application, as previously reviewed by
the Engineering Department, recommends a driveway connection
to SW Northview Drive. A]though the recent public discussion
has indicated that tho present property owners In the adjacent
subdivision, objort to a driveway from SW Northview Drive, the
department t",onti.naes to recommend, vehicular, pedestrian, and
bicycle access tc> SSV No.- thv.iew Drive.
It is our opinion that a` driveway to the site ' could be
designed to satisf,•• ch.e concerns expressed by the property
owners and provide the recommended. access. The driveway
location has several options that include the following:
The entrance could be located opposite Svc' Starduet Lane, with
a curvilinear ramp, and avoid the objection relating to the
light from cars exiting toward the new residences. The main
building wo-ald have to be moved to the west approximately
seven feet.
FINAL ORDER - CPa 93-0'�/ZUN ?3-03jSDR 93-14Z,HER�SO�+I'S - PF.taE 7
A driveway could be constructed through the proposed green
space south of the commercial center. The driveway would
connect to SW Northview Drive at a location, south of SW
Stardust Lane. It could connect to the commercial center
+� parking lot either at a location along the east side of the
Albertson's store, or at a• location near Store "C" . If the
green space area is dedicated to the homeowners' association,
as proposed by the applicant, the neighborhood could control
the use of the driveway.
A driveway could be constructed directly from the parking lot
to SW Northview Drive, with screening provided between the
driveway and the nearby homes.
Because the C-C zoning is intended to serve the immediate
neighborhoods rather than regional customers, the proposed
retail center can be expected to draw many of its customers
from the adjoining Castle Hill subdivision (54 lots) , the
proposed Castle Hill into, 2 subdivision (123 lots) , and the
adjoining residential areas. While we hope that many of these
customers will walk or 'aike to the center, we can expect that
mann will drive. Trips for major grocery purchases are likely
to be made by car even though customers may live quite close
to the center. It the center is intended to serve the
neighborhood, it should have a more convenient access to the
neighborhood.
SW Walnut Street is a Major Collector Street and as shown on
theComprehensivePlan, is designated to be extended westward
to connect with' SW Murray Boulevard by intersecting with Old
Scholls, Ferry Road to the north. At present, the connection
between SW Scholls Ferry Road and SW 135th Avenue towards the
subject properties is under construction and will be open this
fall. As the area continues to develop, SW Walnut Street will
carry substantial traffic volumes, similar to the traffic:
volumes on SW Durham Road in the vicinity of an existing
Albertson' s store. In order to protect the, safety and
capacity of SVT Walnut Street, it is desirable to eliminate
traffic and turning movements on SW Walnut Street where
possible.
A direct 'driveway from SW Northview Drive will provide a
convenient connection for the local residents as Northview
Drive is the principal access for :the adjoining subdivisions.
The direct driveway would preclude the use of SW Walnut Street
to access the site, and reduce left-turn :noVements.
in some neighborhoods, direct access to retail facilities is
resisted due to a concern that direct access will dead to
additional traffic in the neighborhood. This does not appear
to be a problem in this instance. The proposed alignment of SW
Northview Drive and the connecting streets of Castle Twill No.
FINAL ORDER CPA 93-09/ZOO 93-03/SDR 93-14 '- ALBERTSON`S PAGE 8
2 discourage the use of the street for any through traffic.
SW Walnut Street will remain the most direct access for the
traffic generated from outside the immediate neighborhood.
For these reasons, we reiterate our recommendation that the
center be required to provide a driveway access to SW
Northview Drive.
2. STREETS
The site is located between SW Northview Drive and SW Scholls
Ferry Road south of SW Walnut Street. SW Walnut Street and SW
Northview Drive are City streets. These streets were
previously dedicated and fully improved in conjunction with
the Castle Hill subdivision, with exception of the sidewalk on
SW Northview Drive. A traffic study has been submitted by the
applicant that indicates that the existing improvements on SW
Walnut Street and SW Northview Drive can adequately
accommodate the traffic expected from the proposea
development.
SW Scholls Ferry Road is a Washington County major collector
and is classified as a City arterial. improvement standards
for Washington County major collector include 37 feet of
right-of-way from centerline, 21 feet of Pavement from
centerline along with curb and sidewalk. Currently, the
frontage is improved with 14 feet of pavement without curbs or
drainage. The required 37 feet of right-of-way appears to
exist but should be confirmed.
Washington County has not requested any change to the existing
improvements but has recommcsiu�t.: that a lion-remonstrance
agreement be accepted. However, the Engineering Department
recommends that full half-street improvements be cons',ructed.
in regards to the .four acre site contiguous to the proposed
commercial center, it is recommended that the applicant
provide for the construction of the frontage improvements on �
both SW Scholls Ferry Road and SW Northview Drive, inasmuch as
this. property is a part of the development application and
there is no further development proposed for the 4 acre site.
The proposed grading of the commercial leve opment
incorporates substantial cuts, fills and slope construction.
The applicant should be required to perform all grading in
accordance with the applicable provisions of Chapter 70 of the
Uniform Building Code.
3 . SANITARY SEWER
The applicant is proposing to connect to an existing eight
inch public sanitary sewer within SW Scholls Ferry Road. The
FINAL ORDER CPA 93-09/7,aN 93-013/SDR 93-14 _ ALBERTSGN'S - PAGE 9
line is operated by the City of Beaverton. The applicant
should show evidence that the City of Beaverton has reviewed
and accepted this proposal and that any special requirements
of the City of Beaverton have been met. The final design and.
alignment of the sewer shall be reviewed and approved by the
City of. Tigard Engineering Department.
4. STORM SEWER
The applicant proposes to collect run-off into a private storm
sewer and discharge ic to an existing box culvert in SW
Scholls Perry.
The Unif;ted Sewerage Agency has established and the City has
agreed to enforce (Resolution and Order No. 91-47) surface
water management regulations requiring the construction of on
site water quality facilities or fee in lieu of their
construction. The applicant is proposing to satisfy this
requirement by constructing an on-site water quality facility
along the SW Scholls Ferry frontage. The facility should be
privately owned and maintained.
The Public Works Department provided no comments or objection to
the request.
The Building Division provided no comment or objection to the
request.
The City of i3eaverton provided no comment or objection to the
request
Washington County's Department of Land Use and 'transportation
indicates that an access report must be prepared by the applicant.
The applicant has been advised and the Department estimates that an
additional response regarding access will be available soon. The
Department also has the following comments:
This proposal includes a partition request with both parcels
having frontage .on SW Scholls Ferry Road. As proposed, Parcel
1.8.00 acres) will- be zoned commercial and contain an
Albertsons`Store and several associated commercial businesses
(restaurant, video store, :etc. ) and Parcel 2 (3.95 acres) will
be zoned' multi-family residential. The proposal does not
contain any specific development plans for Parcel 2. All of
the conditions of approval outlined in this report pertain to
both parcels (i,e., sidewalks, waiver, etc. ) Since Parcel 2
does not include' a reauest for access to -SW Scholls Ferry
Roads__specific access related issues forth.is parcel are____ _not
reviewed at this time. The County may deny a separate access
to Parcel 2 from SW Scholls Ferry Road and -require shared
access with the shoppi.axg center or access only from SW
I Aft Northview Drive.
SW Scholls Ferry Road is designated as a major collector on
the County Transportation Plan. Resolution and Order (R&O)
FINAL ORDER - CFA 93-09/ZON 93-03/SDR 93-14 - ALBERTSON'S PAGE 10
86-95 and the Community Development Code ;omit access to 100
feet. The proposed .access points meet the spacing
requirements. However, there are significant safety concerns
dealing with access to the site from SW Scholls Ferry Road,
primarily concerning left turn stacking queues. Since these
issues cannot be determined until the County Traffic Analyst
has completed his report, this letter does not approve any
access to SW Scholls FRrry Road at this time. The County
Traffic Analyst's access report will determine the appropriate
number and spacing for access points to the site.
Resolution and Order 86-95 also requires a minimum 450 feet of
sight distance at the proposed access location. This site has
over 700 feet of frontage and sight distance can be obtained
or, is acceptable at several possible access locations. As
discussed above, specific access points for this site will be
determined as a part of the Traffic Analyst's review. There
are a couple of vertical curves along the frontage which limit
sight distance in some locat_Lons, particularly at the
northeast end of the site. The applicant will be required to
provide certification of sight distance by a registered
professional engineer for all access locations prior to
occupancy.
A traffic analysis for this development proposal is being
performed by the County Traffic Analyst, whose findings and
Ank recommendations will be forwarded to the City at the time of
completion of the review. This review and the recommended
conditions -of' approval which will be developed as a part of
that review are required by Resolution and older 86-95 and
Section 501.5.2.B. of the Community Development Code.
The Tigard Water Department states that although the agency does
not have any objections to the proposal, it should be noted that;
All exterior portionc of the buildings niust be within 250 feet
of a fire hydraa.t;
Backflow prevention devices (minimum of double check valve
assembly) will be required on all water services; and
The agency will require proper line protection for automatic
fire sprinkler systems.
Washington County Fire District requested that a meeting with the
applicant's engineer to discuss access requirements to hydrant
locations and fire flog In a phone conversation with Gene
Birchill of the District, concern was expressed regarding the
provision of future access to the proposed 3.95 acre parcel.
Portland General Electric has no objections to the application.
School District #48 (Beaverton) states that the proposed zone
changes and development will not have a student impact on the
District
FINAL ORDER - CPA 93-09/ZG.] 93-03/SDR 93-14 - ALBERTSON'S - PAGE 11
The neighborhood reviewed the proposal on July 30, 1993, and notes
from the . meeting have been submitted by the applicant as an
exhibit. Issues raised included buffering, views, traffic, truck
deliveries, multi-family development on the proposed 3 .95 acre
parcel, and 24 hour operations on the site. At the conclusion of
the meeting the group suggested four changes:
a'. A brick fence (4 or 5 feet high) should be constructed along
SW Northview Drive with landscaping. The fence could extend
up to or' just past the proposed pathway leading to the
shopping center.
b. A small gas station should not be included.
C. Require by covenants and restrictions that tenants maintain
property so as not to have litter, teenage loitering, etc.
d. Allow weekend or evening use of portions of the site and
parking area for special neighborhood functions and
activities.
The applicant conducted an additional neighborhood meeting on
August 8, 199=4 piior to . submittal of the current proposal. The
issues which were reviewed included the following:
a. An old'NFO vote for the site had recommended approval of a gas
station at the site
b. Concerns were raised about traffic, noise, lights and safety
for pedestrians. Issues about ecology of a gas station use if
the site was later abandoned.
C. All attendees were opposed to a gas station use.
d. The attendees felt that the corner of SW 135th and SW Scholls
Fe-fry Road was more appropriate for a gas station.
e. The participants .felt that the stairc:asc proposed from SW
Northview Drive was a good idea and a proper location.
f. The participants felt that a no "parking area" shou"-d be
designated along SW Northview Drive adjoining the staircase
entrance location(s) .
Ci. The participants were opposed to the SW Northview Drive
driveway connection from the site.
h. The participants were opposed to 24-hour operation of
businesses at the facility due to potential issues with noise,
light, vandalism and theft.
i. Participants raised concerns over parking lot lighting due to
added light glare impact to adjoining residential areas.
VW
j . Participants raised concerns over the landscaping shown along
FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14, - ALBFRTSON'S - PAGE 12
SW Northview Drive and requested that a brick wall be
constructed along SW Northview Drive.
k, Participants raised concerns over what would be built on the
3 .95 acre multiple family site to the south of the proposed
Albertson's site. The participants preferred that the site be
set aside for common open space area.
1. The proposed uses on site were discussed and were thought to
be appropriate with the exception of the gas station and the
Shari's uses.
m. ', Concern was expressed over the SW Murray Boulevard extension
from Beaverton to SW Walnut Street. The consensus of the
participants was not that this application generated the need
for the connection but a general concern that the street would
greatly increase traffic in the area.
n. The participants discussed the appearance of the building
design and thought the type of design used at the Albertson's
located at Durham and Pacific Highway would be preferred.
o. The participants discusEed the overall site design and were in
favor of the qrading plan which was proposed due to the
ability of the slope to mitigate the noise caused by trucks
and the types of uses proposed. The participants felt that
commercial zoning at this site made more sense than on the
north side of SW Walnut where it is presently located.
p. A vote was taken of the site plan which approved the site plan
32-1 as proposed with the staircase and walkway charges which
had been to the previous plan. The participants prefer=red
that the site plan not include directaccess co 3W Northview
Drive as was previously approved by the Planning Commission.
No other comments have been received.
B. 14AjOR ISSUES
This section of the report provides an overview and evaluation
of .the major issues pertaining to the four parts of the
application. Findings and conclusions regarding the
applicable criteria are found in Exhibit B.
1: Comprehensive Plan and Zone Chance
a. Comraercial Neighborhood (C-N) to medium-High Residential
(R--25) .
As noted earlier in this report, the C-N designation has been
moved several times since 1983. Before it was applied to Tars
Lot 100, this property was designated R-25. in order to meet
the applicable locational criteria in the Comprehensive Plan,
the G-N designation' must: be changed in order to have
commercial use (C-C) on only one quadrant of an intersection.
FINAL ORDER CPA 93-09/ZON '93-03/SDR 93-14 - ALBERTSON'S PAGE 13
Also, this redesignation to R.-25 helps offset the loss of R-25
zoning caused by the proposed C-C designation.
b. M:jdium-High Residential (R-25PD) to Community Commercial
(C-C) .
Compliance with the locational criteria for the C-C
designation, the Metropolitan Housing Rule, and compatibility
with the surrounding residential areas is of key importance.
The locational criteria are satisfied as described in the
draft findings and conclusions (Exhibit C) .
The proposal will result in a net loss of 1.07 acres of R-25
bund, for an impact of 26 units. The City's inventory shows
that presently there are 1,305 acres of developable
residential land with a total potential of 13,478 dwelling
units. This yields an average allowable density of 10.328
units per acre. The Mousing Rule has a minimum requirement of
10 units per acre. This change will have a minimal impact
that _results in 1,304 developable acres, 13,452 potential
units, and an a-1rcrage possible density of 10.315 units per
acme.
The remainder of Tax Lot 200 approximately 3.95 acres has been
discussed as being developed by property owners within_ the
area for common open space use. Limitations to development of
this area for multiple family uses would further decrease the
total density of 10.27 dwelling units per acre for the
remaining 1,.300 developable acres of residential land.
Annexation of areas such as the Walnut Island in the future is
also expected to further decrease residential density of the
City to point below 10 units per acre This would mean that
other properties now zoned for low density residential use
would need to be rezoned for hiaher density residential.
Due to the neighborhood's proximity to Summarlake Park, it's
approximate 27 acre size at completion and the cost of
developing new park improvements, it is recommended that
future park funding in the area concentrate on completing the
improvement of SumrLerlake Park rather than developing the
proposed 3.95 acre "remainder parcel" as a City park.
Redesignation to C-C requires that the necessary development
applications beprocessed with the Comprehensive Plan and
zoning amendments. Compatibility issues are addressed using
the applicable code criteria.
2. Site Development Review for the Sho- n_ Center
There are several issues relating to the development of the
site that are of special importance. The following
highlighted sections represent concerns reviewed within the
previous staff report and how this current proposal addresses
qW the previous recommendations:
FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 ALBERTSON'S PAGE 14
AMML a. Vehicular Access
The applicant proposes four driveways to serve the project.
A fifth driveway onto SW Northview is suggested by the
Engineering Department to provide more convenient access
between the center the adjoining residential area, and to
reduce the number of turning movements in and out of the SW
Walnut Street driveway and SW Northview Drive. This will
reduce potential congestion on SW Walnut, and due to the
design of the streets in Castle Hill subdivision, through
traffic is not anticipated as a result of this additional
driveway.
Although development is not currently contemplated for the
proposed 3.95 acre parcel, access should be considered now.
This parcel has a liriated frontages on SW Scholls Ferry Road.
This situation will be complicated further by Washington
County driveway spacing standards. The options for driveway
access (multi-family development) , public street access
(single family development) , and emergency access should all
be considered before the site plan, shopping center access,
and partition plans a-re finalized. The proposed site plan
pr--vides the same 3esign as reviewed previously by the
Planning Commiesion as it relates to driveway locations and
numbers of driveways. It is recommended that an additional
driveway be provided from SW Nurtrview Drive into the site.
Aft
Due to the length of property frontage on SW Northview Drive
and the design of the center it appears that there are three
potential driveway locations. The applicant may provide
shared access with the vacant 3 .95 acre parcel to the south.
A 'driveway which intersects with SW Stardust Lane or at a
location towards the intersection of SW walnut Street south of
the corner pad.
If either the second or third options are utilized
construction of a driveway along the southern property towards
' SW Scholls Ferry Road should be considered to allow for future
access between the 3.95 acre parcel and the Albertson' s site
withc tare use of adjoining streets
b. Pedestrian and Bicycle: access
The proposed internal system of sidewalks does not connect all
destinations on the site or with surrounding public streets
and sidewalks. The following improvement's should be provided:
Provide a sidewalk alssng one side r� ths eastern a+id western
driveways on SW Scholls Ferry Road, and the SW Walnut Street
driveway. An improved ;system of sidewalks have been provided
interna'Ily into the center as a pari: of this revised design.
Aft A sidealk has been proposed into the site from SW Scholls
Ferry Road along the center driveway. Additional sidewalks
are recommended along both of the other two driveways from SW
Scholls Ferry Road:
FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 - ALBERTSON'S - PAGE 15
An additional sidewalk connection is recommended along the SW
Walnut Street driveway onto the site. An additional sidewalk
is aloo recommended from SW Walnut Street to the 4, 000 square
foot pad at the corner of SW Scholls Ferry Road and SW Walnut
Street.
Provide an internal system of sidewalks that connects these
driveway entrances, the pad sites, and the main building in a
safe and convenient manner. It is recommended that additional
sidewalks be provided into the site. Each of the driveway
entrances into the site should provide sidewalks into the site
to create an integrated system of internal connections
designed for exclusive use by pedestrians.
Where walkways cross paved surfaces the use of durable, low
maintenance materials designed to be visually distinguishable
from the paved surfaces shall be provided as required by the
CC zone. It is suggested that the walkway material match o;,.-
compliment other commonly used materials throughout the site.
It is also recommended that the six parking spaces shown along
the SW Walnut Street driveway into the site be replaced with
a walkway and a wider landscaped parkway type major entrance
to the site. This change would eliminate traffic conflicts
and allow for an additional pedestrian,walkway to be developed
which aligns with the walkway shown to the Albertson's store
entrance.
Amend the design of the proposed sidewalk to SW Northview
Drive so that it connects with Morthview at its intersection
with SW Stardust Lane to enhance convenience to the
neighborhood and to encourage proper )�edestrian crossings at
the intersection rather that at mid-block. This may require
a switchback as well as an amendmer:._ to the grading plan and
the perking layout near the sidewalk. The apPl.icant addressed
this concern by providing pedestrian connections into the
site. It is again recommended that the applicant provide a
driveway into the site from SW Northview Drive. The driveway
location can take place in either of the following locations:
1) a shared driveway for both the Albertson's site and the
3.95 acre multiple-fan,-Uy property, 2) alongside the
Albertson's store ending at an intersection with SW Stardust
Lane or, 3) 'k uwaraa corner of SW Walnut and SW 'Northview
Drive south of the proposed freestanding pad site.
Tw,a of tits handicapped parking spaces near the front of the
grocery stare :should be mo-.red to be adjacent to the building
so that croasinU the drives-way will not be recessar;� to reach
the antraance. The applicant has not amended the site plan to
reflect this concern. It is re;.:ommended that this revision be
incorporated into the site plan due to address store access
AOL concerns.
c. Landscaping -
FINAL OFDER - CPA 93-09/ZON 93-03/SDR 93-14 ALBERTSON'S - PAGE 16
The conceptual landavaping plan appears to be consistent with
the landscaping and buffering standards in the code. More
detr,il in necessary prior to final development approval to
ensure that specific' code provisions are satisfied. If
approved, further review of final landscape plans would be
conducted through the building permit plan check. It is
recommended that the final landscape plan provide a minimum of
35t canopy coverage over the parking stalls.
d. Noise
The issue of noire impact needs further evaluation. While the
loading area is well below grade and it will be visually
screened, potential noise from loading operations and rooftop
equipment must be carefully reviewed and appropriate
mitigation measures taken. Sound barriers, location and t_•pe
of equipment, and hours of equipment operation should all be
considered. The applicant provided a noise study addressing
the expected noise generators from the site and their impacts
to adjoining residential areas.
Based on the noise background measurements at adjoining
residential areas, the site improvements as proposed are
expected to meet or exceed all applicable noise criteria if an
evaporative condenser cooling unit is constructed within the
mezarine leve' of the Albertson's store rather than an air
cocled, roof mounted unit (TMC 7.40.130-210) and Code
criteria
e. Design
The C-C provisions in Chapter 18.61 include design guidelines
pertaining to design and architectural details. The only
conceptual building design which has been provided to date is
for the grocery store it is not clear how the appearance of
the remaining structures will •relate to each other in terms of
design.
3 Conditional Use Requests
m. Service Station
While a service station may be appropriate on this site, the
applicant has not provided sufficient information to justify
an approval of this use. The applicant has withdrawn the
request for consideration of a conditional use permit for a
gas station on the site. Approval of the applications under
review does not permit development of a service station on the
site. At a later date the applicant may request conditional
use permit review for a range of uses which are conditionally
permitted within the Community Commercial Zone. The
Development Code requires, a public hearing before the
Hearing's Officer for review of all conditional use permit
requests.
FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93'-14;- ALBERTSON'S - PAGE 17
b. 24 Hour Operation of the Grocery Store
A primary purpose of the C-C designation is to provide
convenient commercial services in residential areas while
maintaining a compatible relationship between uses. Many of
the evaluation criteria noted in this report are intended to
achieve this result.
Evening operations are usually problematic because of noise,
lights, and traffic. Due to the orientation of the grocery
store, the distance of the store entrance from nearby
residential properties, and the buffering provided by the
grading and landscaping, a 24 hour operation appears to be
appropriate. Chapter 18.130, Conditional Use has general
criteria that have been addressed by the applicant (or will be
as required by than recommended conditions of approvail) . There
are no specific review criteria in Chapter 18.130 for 24 hour
operation. The applicant has also withdrawn their request to
operate_ the Albertson's on a 24-hour basis due to concerns
raised by the neighborhood. The CC Zone restricts all
commercial businesses from operating after 11:00 pm or earlier
than 6:00 am without prior approval of a conditional use
permit to do so.
A security lighting plan has been provided by the applicant
which proposes to use lighting fixtures of 25 feet in height
as measured from the site's finish grade elevations. Based on
the proposed grading plan for the site axed the proposed
screening measur s to be employed between adjoi Ang
residential areas, light generated by these fixtures is not
expected to overlap into neighboring residential areas.
The lighting fixture specifications provided by the applicant
did not clearly indicate that the fixtures would use light cut
off shields to prevent spillover onto ocher properties. It is
recommended that these fixtures use this design feature to
further minimize light splash as required by the CC Zoning
District
4 Minor Land Partition
This portion of the application is consistent with the
diruaneional requirements for the R-23 and C:-C designations.
The only issue relatodi to the partition .is future access as
discussed abozpe. The recommended conditions include provision
for street improvements along the street frontages of both
parcels.
C. RECOE74LMATIONS
The Planning Division recommends that the Planning Com—alission
forward a recommendation for approval to the City Council for
CPA 93-0009/ZCA 93-0009, SDR 93-0014, and MLP 93-0013 subject
to the following conditions. Unless otherwise noted, all
conditions shall be satisfied prior to issuance of building
FINAL ORDER - CPA 93-09/ZON 93-03 SDR 93-14 ALBERTSON'S - PAGE 18
permits.
1. Approve CPA 93-0009/ZCA93-0009 to change the Comprehensive
Plan and Zoning designations on Tax Lot 100 from Neighborhood
Commercial (C-N) to Medium-High Residential/Planned
Development (R-25PD) , and to change the Comprehensive Plan and
Zoning designation for 8 acres of Tax Lot 200 from Medium and
Medium-High Residential/Planned Development R-21; to Community
Commercial (C-C) .
The Comprehensive Plan and zoning map amendments shall be
finalized at the time a building or other development permit
(e.g. , grading) is issued.
2. Approve the Site Development portion of the application with
the following conditions:
a. A revised site plan shall be submitted for approval which
includes the following modifications:
1. A walkway system which has sidewalks along each of the
SW Scholls Ferry Road driveways shall be provided.
Differing walkway materials shall be used to designate
walkway areas. Bicycle racks shall be provided within
or near the columned facade area in front of the
grocery More structure.
2. A staircase sidewalk from the grocery store shall
connect with SW Northview Drive
3. Two of the propoi�wd handicapped parking spaces in
front of the grocery store shall be moved to be
adjacent to the building.
4. Thi applicant shall supply details concerning the
screening of all mechanical equipment to be used on
the perimeter of the building or on the roof.
5. All cooling units shall be as specified within the
noise study dated September 29, 1994. The study
recommended the use of quieter evaporative condensers
located within the mezanine level of the store rather
than air cooled condenser units located on the roof.
6. A detailed landscaping plan shall be provided showing
the size and species of landscaping material to be
used throughaat the development. The landscaping
shall, achieve a minimum of 35.16 canopy coverage at
maturity over the parking stab areas.
7. Building design details shall be provided for the
entire development. Of key importance will be
consistent size and scale of buildings and signs. The
applicant shall create a sign program for the center
identifying the size, location and design of all
FINAL ORDER CPA 93-09/ZON 93-,03/SDR 93-14 - ALBERTSON'S PAGE 19
freestanding and wall signage.
8 . All lighting fixtures shall use cut-off shields to
preNrent the spillover of light to adjoining
properties.
9. If either driveway design is utilized which would
intersect with SW Stardust Lane or south of the corner
pari towards SW Walnut Street, construction of a
driveway along, the stuthern property towards SW
Scholls Ferry Road should be considered to allow for
future access between the 3.95 acre parcel and the
Albertson's site.
STAFF CONTACT: "Mark Roberts, Planning Division.
b. Two (2) sets of detailed public improvement plans and profile
construction drawings shall be submitted for preliminary
review to the Engineering Department. Seven (7) sets of
approved drawings and one (1) atemi_�ed construction cost
estimate, all prepared by a Professional Engineer, sha1.1 be
submitted for final review and approval (NOTE: these plat are
in addition to any drawings required by the Building Division
and should only include sheets relevant to public
improvements. STAFF CONTACT: John Hagman, Engineering
Department.
C. Building permits will not be issued and construction of
proposed public improvements shall not commence until after
the Engineerinq Department has rev ewp.d and approve
YY cu the
public improvement plans and a street opening permit or
construction compliance agreement: has been executed. A 100
percent performance assurance or lett-_ of commitment, a
developer-engineer agreement, the payment of a permit fee and
a sign installation/streetlight fee- are required. STAFF
CONTACT: John Hagman, Engineering Department.
d. Additional right-of-way shall be :iedicated to the Public along
the SW Scholls Ferry Road frontage to increase the right--of-
way to 37 feet from the centerline. If the existing right-of-
way is has been dedicated to the required width, the applicant
shall sibmit survey and title information to confirm. The
description of any additional right-of-way shall be tied tc
the exi.scing right-of-way centerline. For additional
information contact Washington County Survey D3.visari.
e.. Standard half-street improvements, including concrete
sidewalk, driveway apron, curb, asphaltic concrete pavement,
sanitary sewer, storm drainage, streetlights, and underground
utilities shall be installed along the SW Scholls Ferry Road
frontage, including the frontage of all parcels within the
minor land partition. Improvements along Ski Scholls Werra,
Read shall be designed and constructed to Washington County
Uniform Road Improve rtent Design Standards and shall conform to
the alignment of existing adjacent improvements or to an
FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 ALBERTSON'S PAGE 20
alignment approved by the Washington County Engineering
Department. For additional information contact Washington
County Engineering Department.
f. : The applicant shall obtain a facility permit from the
Department of Lend Use and Transportation of Washington
County, to perform work within the right-of-way of SW Scholls
Ferry toad. A copy of this permit shall be provided to the
City Engineering Department prior to issuance of a Public
Improvement Permit.
g. Standard half-street improvements, including concrete
sidewalk, driveway apron, streetlights, and underground
utilities shall be installed along the SW Northview Drive and
"Green Space" frontage of SW Northview Drive. Improvements
shall be designed and constructed to local. street standards
and shall conform to the alignment of existing adjacent
improvements or to an alignment approved by the Engineering
Department. STAFF CONTACT: Michael Anderson, Engineering
Department.
h. The applicant shall submit sanitary sewer pans to the City of
Beaverton for their approval. The plans shall also be
submitted for the review and approval of the City of Tigard
Engineering Department. A copy of the approved plans shall be
provided to the City of Tigard prior to the construction of
any public improvements
i. The applicant shall provide an on-site water quality facility
as established under the guidelines of Unified Sewerage Agency
Resolution and Order No. 91-47. Submitted design information
shall include an operation and maintenance plan. STAFF
CONTACT: Greg Berry, Engineering Department.
j . The applicant shall demonstrate that storm drainage runoff can
be discharged into the existing drainageways without
significantly impacting properties downstream. STAFF CONTACT:
Greg Berry, Engineering Department.
k. The proposed privately operated and maintained sanitary sewer
and storm drainage system plan-profile details shall be
provided as part of the public improvement plans. STAFF
CONTACT: Michael Anderson, Engineering Department.
1. The applicant shall obtain a "Joint Permit" from the City of
Tigard. This permit shall meet the requirements of the NZ PDES
and Tualatin Basin Erosion Control Program. STAFF CONTACT'
Michael Anderson, Engineering Department.
M. A grading plan shall be siibmi:tted showing the existing and
proposed contours. A, soils report shall be provided retailing
the Boil, compaction requir menus. Stat¢ Contact: Michael
Aad rson, Engineering Department.
n. The applicant shall provide a geo-technical report that
FINAL ORDER - CPA 93-09/Z10N 93-03/SDR 93-14 ALBERTSON'S S PAGE 21
addresses the slope, stability adjacent to SW Northview Drive
and the overall grading conditions of the proposed
development, in accordance with the requirements of Chapter 70
of the Uniform Building Code, STAFF CONTACT: Michael
Anderson, Engineering Department.
o. The applicant shall underground the existing overhead
facilities along each frontage or pay the fee in-lieu of
undergrounding. STAFF CONTACT: Michael Anderson, Engineering
Department.
p. An erosion control plan shall be provided as part of the
public improvement drawings. The plan shall conform to
"Erosion Control Plans - Technical Guidance Handbook, November
1989. STAFF CONTACT: Michael Anderson, Engineering
Department.
q. The applicant shall. provide a construction vehicle access and
parking plan for approval by the City Engineer. All.
construction vehicle parking shall be provided on-site or
within the SW Northview Drive and SW Walnut Street right-of-
way. No construction vehicles or equipment will be permitted
to park on the adjoining residentail public streets.
Construction vehicles include the vehicles of any contractor
or subcontractor involved in the construction of the site
improvements or buildings proposed by this application, and
shall include the vehicles of all suppliers and employees
associated with the project. STAFF CONTACT: Michael
Anderson, Engineering Department.
r. As a further condition of approval, duly given prior notice(s)
and a scheduled public hearing(s) shall be given for any
discretionary decision to allow change(s) in the approved
application, such as for any diaeretionary decision to allow .
change(s) , in the approved application, such as for future
construction of an automobile access from the site to
Northview Drive, or changes outside mere compliance with
mandatory code provi cions arced regulations affecting compliance
with any condition of 5Ayproval identified herein. STAFF
CONTACT Mark Roberts, Planning Division.
E. The applicant and all tenants of the ahopping center shall
restrict the use of mechanical parking lot sweepers, aux lary
generators, truck-loading activs times and other vi.milar
excessive noise generating 'activities to the hvars of
operation from 6:00 a.m. to 11 p.m. daily. STAFF CONTACT:
Mark Robar.t.s, Planning Division..
t. Windows shall be included in the grocery aWore facade facing
SW Walnut Street by including at least one window In each. bay
of, the ora.unmed facade area (cone titn i.ng not Teras i!-hon a
that4l of: four 'windows) . STAFF CONTACT. 14ark Roberta,
Agh (Planning Diviaion.
u. The applicant shall provide a 'covered wal! way in frons of the
FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 - ALBERTSON'S PAGE 22
grocery atoro, and in particular the entrance ways axxd the
columned facade area may be used to serve this purpose. STAFF
CONTACT: Mark Roberts, Planning Division.
v. The applicant shall maintain a minimum of a five-foot wide
unobstructed walkway area in front of the grocery store that
is free of display materials or othar pedestrian obstructions.
STAFF CONTACT: Mark Roberts, Planning Division.
w. The driveway entrance at the southwestern corner of the site
along SW Scholls Ferry Road shall be moved approximately
eighteen feet to the south to comply with Washington Cox"
standards ;',)r driveway al;.gnments with the proposed driveway
access across from SW Scholls Ferry Road to the west. STAFF
CONTACT: Mark Roberts, Planning Division.
X. In the future the applicant may be required to provide an
automobile driveway, in accordance with the design
specifications of the City's Engineering Department, for
access to and from the parking lot to Northview Drive, as
follows:
1. The future driveway would be located south of the building
pad situated wear the intersection of SW Walnut Street and
Northview Drive.
Aft 2. The applicant will provide the City with a permanent
vp easement for such ingress and egress prior to occupanzy.
3 The applicant will be responsible for payment of costs of
construction of such driveway, if and when it is required
to be constructed.
4. The City may elect to require construction of such driveway
access after duly providing notice to all landowners within
250 feet of the site and conducting a scheduled public
hearing for such decision .
3. Final Plat Application Submission Requirements:
A. Three copies of the partition plat prepared by a Land
surveyor licensed to practice in Oregon, and necessary data or
narrative.
S. The partition plat and data or narrative shall be drawn to
the minimum standards aet forth by the Oregon Revised Statutes
(ORS 92,05) , Washington County, and by the city cf 'rigar..d.
C. Copy of boundary curvy
STAFF CON'T'ACT: John Had1ay, Engineering Department.
��Lr, ca eve CONDITIO S _afff L'Ii13�F3F, TTRFJ PRIOR Ta FINAL
OC,_CUPANCY. PEE' -T-
FINAL
T:FINAL ORDER CPA 3-79/ZON 93-03/SDR 93-14 - ALBERI'SON'S - PAGE: 23
'4. Provide the Engineering Department with a recorded mylar copy
of the final survey; or if not recorded with Washington County
but has been approved by the City of Tigard the applicant
shall have 30 days after recording with Washington County to
submit the copy.
D. DhCISION
The City Council approves the requested Comprehensive Plan
Amendment f,:,r Washington County Tax Map properties 2S1 4BB,
tax lots 00100 and 00200 from Neighborhood Commercial and
Medium-High Density Residential to. Medium-High Density
Residential and Community Commercial respectively. The ^_ity
Council also approves the accompanying Zone Change request,
Site Development Review and Minor Lund Partition. 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.
FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-Z4 ALBERTSON'S PAGE 24
EXHIBIT "B"
FINDINGS AND CONCLUSIONS
The applicants have presented a report entitled Albertson's,_
Inc. Application for Site Development Plan Comprehensive Plan
Amendment and Zoning Amendments for Community Commercial
(hereafter referred to as the applicant's statement) that
addresses the Statewide Planning Goals, the Tigard
Comprehensive Plan policies, and the Community Development
Code provisions that are applicable to the request. The
applicant has also submitted a traffic study and supplement
prepared by Kittelson and Associates, Inc. in support of the
application.
Staff finds that the following Statewide Planning Goals, City
of Tigard Comprehensive Plan policies, and Tigard Community
Development Code chapters are applicable to the request:
Applicable Review Criteria:
Statewide Planning Goals 1, 2, 6, 9, 10, 11, 13 and 14;
Comprehensive Plan Policies 1.1.7, 1.1.2, 4.1.1, 4 .2.1, 6.1.1,
6.4.1, 6.6.17 71 .1.2, 7.2.1, 7.4.4, 7.5.2, 7.6.i, 8.1.1, 8.1.3,
8.2 .2, 8:4.1, 9.1.3, 12.1.1(3) , 12.2.1(4) 12 .2 and 12.2.4; and
Community Development Code Chapters 18.22, 18.32, 18.56,
18.60, 18.61, 18.98,. 18.100, 18.102, 18.108, 18.114, 18.120,
18.130, 18.162, and 18.164.
1. Statewide Planning Goals and Related Plan Policies
The Planning Division concludes that the proposal complies
with the applicable Statewide Planning Goals and Comprehensive
Plan policies based upon the following findings:
a. Goal. 1 (Citizen Inrolvement) and Palicy 2.1.1 are satisfied
because the City has adopted a citizen involvement program
including review of all land use and development applications
by nearby property owners and residents.
Notice was provided by tkie applicant for the neighborhood
meeting which was conducted August 4, 1994. Notice is also
provided of public hearings before the Planning Commieslon and
City Council. At each public hearing the opvortur,ity will be
provider? public input. concernirg this proposal.
Policy 2`.1.3 is satisfied because information regarding the
neWl C-1- designation was explained. to the public at n',.i merous
pub=+_ic forums. In adc7. tion, noticesnd inform;at.�ion a:.�ouc
this proposal has been provided so that the basic, planning
issues are understood by the public. Comments received have
been included in the staff report and applicant's statement
FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 ALBERTSON'S PAGE 25
' e
In addition, all public notice requirements related to this
application have been satisfied.
b. Goal 2 (hand Use Planning) , Policy 1.1.1, and the quasi-
judicial plan and zone change approval standards of Code
Section 18.22 .040 are satisfied because the City has applied
all applicable Statewide Planning Goals through the City's
acknowledged Comprehensive Plan and Community Development Code
requirements to the review of this proposal, as described in
this report. The City of Tigard has notified other affected
unitsof government including the City of Beaverton,
Washington County, the Oregon Department of Transportation,
and theOregonDepartment of Land Conservation and Development
of the proposal. Service and utility providing agencies have
also been notified of the proposal.
Policy 1.1,2 requires that the Comprehensive Plan and each of
its elements shall be opened for review by the Metropolitan
Service District or its successor on an annual basis, and may
be amended or revised.. Implementation Strategy 2 of this
policy requires that the City review Quasi-Judicial Amendments
in accordance with the star '-qrds set forth in the Chapter
18.22 of the Community Develol....-4nt Code. These standards have
been reviewed within the applicants statement.
C. Goal 5 (Air/Water Quality) is satisfied because that proposed
C-C zone and the surrounding residential properties will
result in fewer and shorter automobile trips to obtain
commercial . goods and services. The proposed center, as
designed and conditioned, , will provide for ease of access to
the surrounding neighborhoods. This in turn will help satisfy
Policy 4.1.1 by reducing potential air quality impacts from
the new residents and their automobiles.
Also, 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 Commission's temporary rules for
the Tualatin River Basin. The proposed redesignation would
not .by itself affect compliance with this plan policy.
d. Policy 4.3.1 and related TMC Sections 7.40.130--210 have been
satisfied as demonstrated by a noise study which identified,
evaluated, and mitigated noise impacts as required by the
conditions of approval. if approved 'this policy will be
further implemented through the building permit plan, check
process in which landscaping and proposed site improvements
will be reviewed. to minimize noise impacts on neighboring land
uses:
Am e:. Goal 9 (Economy of the State) is: satisfied because the
proposed redesignation would increase the City's .J.nventcry of
developable commercial land, thereby increasing employment
PINrZ, ORDER - 'CPA 93-09/ZON 93-03/SDR 93-14 ALBER`I`SON'S - PAuE 26
opportunities in the City.
The proposal is consistent with Policy 5.4 because the
propo3ed C-C designation will maintain a compatible
relationship with nearby residential properties as required by
the Conmunity Development Code standards. In. addition, the
site is physically separated from residential uses by streets
on three sides of the property and a steep slope to the south.
A commercial service center of . modest size has been
contemplated for this area since the 1983 adoption of the Bull
Mountain Community Plan. The proposed C-C designation will
replace the C-N designation and therefore, no encroachment
into a residential area will result.
f. Goal 10 (Housing) as well as Policy 6.1.1 are satisfied
because the proposal will result in a loss of 1.07 acres of R-
25 land and a net residential opportunity of 26 units. As
discussed in Section B. "Major Issues", this change by itself
has an insignificant impact on the City's ability to comply
with the Metropolitan Housing Rule.
The average potential density of the undeveloped residential
land in the City has historically varied as land was developed
and as Comprehensive Plan Amendments were approved. This
represents a reduction in the amount of developable
residential land in the City of only 0.07°x.
Policy 6.4.1 requires that the City designate developing areas
which are not designated as established areas on the
Comprehensive Plan Map and encourage flexible efficient-
development
fficientdevelopment within these .areas. This area is currently a
developingarea. The applicant is requesting Comprehensive
Plan and Zoning changes which allow greater flexiblity in
developing commercial uses to provide more types of goods and
services than the present Neighborhood Commercial designation
on the adjoining corner would permit. This change is will
reduce impacts to the transportation system by reducing the
length of travel required by residents to access other area
grocery and commercial shopping centers.
Policy 6.6.1 can be satisfied because the proposed design and
related conditions of approval are intended to provide
buff=ering;and visual separation between the center and nearby
residential neighborhoods. As noted in this report, specific
landscaping noise mit.igat;ion -measures Tinust be provided to
ensura? that this policy and related Code and TMC provisions
are wet.
g. Goal 11 (Public Facilities and Services) and Policies 7.1.2,
7.2.1, 7.4.4, 7.a,2 P and 7„6.1, are -ati.9fi.(:d because adequate
public service and educational capacities are available to
serve future development of this site, under either the
existing, or proposed Plan and zoning designations. Extension
°,)f necessary public facilities ;to serve the site are the
«; PZ@IA E 01WER a CPA 93-09/ZON 93-03/SDR 93-14 - ALBERTSON'S - PAGE 27
responsibility of the developer, at the time of site
development. The City of Tigard notifies applicable public
and private utility providers of pending development
applications. No adverse comments were received from service
providers with respect to the current application.
h. Gaal 12 (Transportation) and Policy 8.1.1 are satisfied
because the proposed redesignation would :not be expected to
result in unsuitable or unsafe levels of traffic on SW Walnut
Street or Scholls Ferry Road. Although commercial development
of this site might be expected to result in some increase in
total traffic on these roads adjacent to the site as compared
to what would be expected under the current designations, the
impact on the city-wide or regional transportation systems
will be beneficial through providing commercial opportunities
closer to adjoining residential areas than is currently
available. Therefore, a net reduction in total system traffic
is anticipated.
Policy 8.1.3 will be satisfied as a condition of development
approval under either the existing or proposed plan and zoning
designations. Completion of necessary street improvements
along the site's frontages will be required to be installed by
the developer at the time of development. The Engineering
Division and Washington County will review final development
plans for the site with regard to aecessary road improvements
Affik adjacent to the site and on other affejted roadways.
Policy 8.1.2 calls for the City to provide for safe and
efficient management of the transportation planning process
withiiithe City and the metropolitan area through cooperation
with other federal, state, regional and local jurisdictions.
The City has provided copies of the appliction to other
affected, agencies for review and comment.
Policy 8.2.2 calls for placing intensive land uses, such as
commercial and nfulti-family, in locations that can be served
by transit. , Though Tri.-Met service does not.: presently serve
the immediate area, an extension of service along SW Scholls
Ferry Road appears very likely.
Policy 8.4.1 states that the City shall locate bicycle and
pedestrian corridors in is manner which provides for pedesti iz.n
and bicycle users, sate and convenient movement in all parts
of the City, "by developing the pathway system shown on the
adopted pedestrian/bikeway plan. The site does not adjoin a
designated pedesterian/bikeway corridor area: The development
proposes to provide sidewalks along each property frontage.
The provisions of the Transportation Planning Rule are not
applicable to this application because it was subtaitted 'for
re j.ew prio7.. to adoption of these' rule charges. The applicant
has addressed transit and pedestrian orientation requirements
throught the development of ;a walkway system from adjoining
streets into the site. The applicant has proposed to provide
a potential bus turnout location on SW Scholls Ferry Road near
FINAL ORDER - CPA 93-09/ZON `93-03/SDR 93-14 ALBERTSON'S - PAGE 28
the intersection of SW Walnut Street in anticipation of future
transit service along .SW Scholls Ferry Road.
i. foal 13 (Energy Conservation) and -Policies 9.1.3 which
encourage energy conservation through design and construction.
Because of the sites location and ability to provide greater
numbers of services an expected reduction in the number and
length of automobile trips to existing commercial areas, the
amountof energy consumed by area residents to commercial
services will be less. Through application of current
building code requirements during the building permit review
process all new construction on the site will be developed in
an energy efficient manner.
j . Policy 12.2 identifies types of commercial zoning districts.
This policy sets the following general requirements: 1) That
uses within each district shall be planned at a scale which
relates to its location, site and type of stores to the trade
area to be served. The scale of development has been reviewed
as it relates to surrounding land uses and the site's existing
proposed topography and appears compatible with adjoining
residential areas as reviewed within this report. 2) That
surrounding residential uses be protected from any possible
adverse effects in terms of loss of privacy, noise, lights and
glare. The applicant has addressed design aspects of the
proposal. as it relates to these issues. 3) That commercial
centers be asthetically attractive and landscaped. The
applicant has provided conceptual design details for the
center which have been reviewed against the applicable
standards elsewhere within this report as it relate6 to
building and site improvement asthetics and landscaping. 4)
That ingress and egress points not create traffic congestion
and hazard. The design of the site has been reviewed
elsewhere within this report as it relates to connectivity
with adjoining rights-of-way and neighboring properties. 5)
That vehicle trips be reduced both in Length and total number.
Reduction in vehicular trips has been addressed elsewhere in
this report in terms of length and number. 6) This portion
of the policy .states that the Central Business Di-strict. is not
included in the locational criteria because there is only one
Central Business District within Tigard. This does not apply
to this application because it is not with .a the Central
Business District.
k. The locational criteria for Medium-High Residential (R-25)
specified in Policy 12.1.1 (3) are met for the following
reasons:
(1) The parcels intended for the R-25 designation. are •racar_t
and arr. not committed to low density development. Since 1983;
these properties have t,,een designated for multi-,family and
commercial use. Prion to being desire aced C-N, Tax Lot 100
was designated R-25.
(2) The two areas intended for R-25 density are well buffered
FINAL ORDER - CPA 93-09/ZON 93-03/SDR 93-14 .ALBERTSON'S PAGE 29
or separated from single family residential neighborhoods.
Tax Lot 100 abuts R-25 toning to the north and east. The area
north is undeveloped and the eastern property line is bordered
by Cotswald Subdivision. Because of the properties size and
lack of physical constraints, adequate buffering can be
provided along the property boundaries.
The R-25 area, south of the center will be adjacent to R-25 and
R-12 zoned areas that developed as single family
neighborhoods. This 3.95 acre parcel will provide a
transition between the single family development and the
whopping center.
(3) Both proposed R-25 parcels have direct access from major
collectors streets.
(4) The properties have a moderate grade and do not appear to
have any development limitations due to natural features of
Code requirements.
(5) As noted in this report, existing facilities have
adequate capacity to serve the development.
(6) The property is approximately 1/2 mile from the nearest
Tri-Met route. This bus stop is served by Tri-Met bus line
#62. However, SW Scholls Ferry Road and Walnut Street are
Aalogical routes for expansion in the future as the area grows
Ip and the demand for bus service increases.
(7) The two proposed R-25 areas will have excellent access to
shopping.
(8) When the residential properties develop, comm:;n and/or
pri-rate open space will be required as a condition of
development.
1. The locational criteria for Community Commercial uses
specit led in Policy 12.2.1 (4) are satisfied for the following
reasons:
(1) The density within the 1/2 mile trade area averages over
8 units per acre. Supporting informati.or, is supplied in the
applicant's statement and in the staff report information on
file as part of the Comprehensive Plan Amendment to create the
C-C_dasignation.
(2) The proposed center and its components all meet the
maximum gross floor area standards, of 100,000 square feet
total, -10,000 for grocery stores, 10,000square feet for
general retail, and 5, 000 square feet for other uses.
(3) The proposed comms rcial designation will. apply to only
the southeast corner of SW Scfiolls Farr' Road and Walnut
Street.
FINAL ORDER - CPA 93-09/?ON 93-•03/SDR. 93-14 - ALBE'RTSON'S - PAGE 30
(4) The site is over 1/2 mile from any other commercial
retail land use designations.
(5) The site is located at the intersection of two major
collector streets. The traffic analysis presented by
Kittelson and Associates and the subsequent evaluation by the
Engineering Division and Washington County indicate that no
adverse traffic impacts will result.
(6) The commercial site is eight acres which coincides with
the maximum allowable size for a Community Commercial center.
(7) Design issues, such as vehicular access, pedestrian and
bicyclist access, coordinated development, local street
connections between the commercial use and, the neighborhood,
lighting, and noise, have all been addressed using the,
applicable Comprehensive Plan and Community Development Code
policies and standards.
2. Commlun ty Development_ Cade
a. Chapter 15.22
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
desi.anation of the parcel (Comprehensive Plan, Volume 2,
Policy 1.1.1, Implementation Strategy 2; Community Development
Code Section 18.22.040 (?1) .
The applicant's statement (pages 5 through 9) addresses these
considerations. The staff concurs with the basic analysis
presented by the applicant.
b. Chapter 18.55 - R-25 Multiple-Family Residential
h -o ,a4r%el npment is proposed for Ta_._
[tet tufa �i,Tic, X 7,nt i tlft �r
the proposed 3.95 acre parcel south" of tet r:iopping center.
Both parcels meet the dimensional re(Tiirements of the R-25
zone (Section 18.56.050) and it appears that both parcels can
be suitably developed in the future.
C. Chapter 18.61 - C-C Community Commercial
'Section 18.61.030 is satisfied because the uses proposed by
the applicant are permitted •with the exception of the service
station and 24 hour grocery store operation which are subject
to conditional use, approval criteria (Chapter 18.1.30) . The
proposed improvements for the site can accom:nrsdate all of the
permitted uses shown on the site plan and proposed as
alternate tenants in the center.
Section 18.61.45 is satisfied because all primary commercial
FINAL ORDER - CPA 93-09/ZON 93-03.,SDR 93-14 - ALBERTSON'S - PAGE 31
activities shall be conducted inside; all uses, except; for the-
grocery and video stores will be less than the 5,000 square
foot maximum; and any outdoor display= and open air dining
shall be conducted within the limits of this section.
Section 13.61.050 is satisfied because the proposed center
d for lot .Si'ze and dimensions,
meets ai.i applicable standards �,.� o ...,
setbacks, lot coverage, building height, and landscaped area.
Section 18.61.055 contains a number of design guidelines and
standards for C-C development. The basic design concepts
presented by the applicant are generally consistent with these
Code provisions. In some cases design concepts need to be
amended and in others more detailed information needs to be
provided (as conditions of approval) to ensure compliance with
this Code section.
Section 18.61.055 A. 1. contains building design guidelines
which have been partially satisfied. The appl .cant has
provided a proposed design for the grocery store, but not for
the remaining 9, 550 square feet of retail space adjacent to it
or for the two building pad sites.
Also, the grocery will have blank walls facing SW Northview
Drive. However, this building elevations will be screened
from ,view by landscaping and should result in a pleasing
appearance.
Section 18.61.055 A. 2. discourages loading areas that face
toward residential uses. The proposed loading area abuts an
undeveloped residential parcel and is near Castle Hill
Subdivision. Because of the proposed grading of the site, the
loading area will be approximately 24 feet below the existing
grade. This design serves to mitigate noise impacts to
adjoining residential areas along with landscaping and
screening will provide a satisfactory visual buffer.
Section 18.61. 055 B. 1. requires internal walkways to
-facilitate destriwn circulation on the gite_ The site plan
shows sidewalks in the vicinity of the building legations and
one walkway to 5W Northview Drive. This Code section can. be
satisfied if ,additional walkways are provided as recommended
in the conditions of approval.
Section 18.61.055 B. 2. can be satisfied with the submission
of additional information regarding, mechanical equipment,
refuse and recycling containers, bicycle parking,.
pedestrian/vehicular conflicts, landscaping, screening, and
special site features (e.g. , walls) as required in the
conditions of approval.
d. Chapter 18.100 Landscaping and Screening
The provisions ,of this Chapter can. be satisfied provided the
conditions of approval are met. The conceptual plan is found
FINAL ORDER - CPA 93-,09/ZCO 93-03/SDR 93-14 - ;ALBERl•SON'S PAGE 32
to be consistent with the criteria in this Chapter, but the
details need to be confirmed prior to issuance of development
permits.
Section 18.100.030 - 040 requires street trees as part of new
commercial development. The landscaping plan submitted
indicates that street trees will be planted with 40 foot
spacing. A list of trees to be-used is provided, but the tree
to be used is not identified. With 40 foot spacing, the
street trees will need to have a mature height of 40+ feet.
Section 18.100.070 - 080 requires screening between different
uses, such as commercial and residential. The proposed
landscaping plan includes vegetative screening that is
consistent with the standards of these sections. only more
detailed information regarding the size and. species of
plantings, as required in the conditions of approval is needed
to ensure compliance.
Section 18.100.090 pertains to fences and walls. The
applicant has proposed the construction of a wall along a
portion of the perimeter of the development. A conceptual
elevation plan for portion of this wall along SW Northview
Drive has been included in the application. The applicant has
provided the wall to address specific neighborhood concerns
due to potential site impacts. Using walls as a unifying
design element is encouraged by Chapter 18.100 and the C-C
Zone.
Section 18.100.110 requires screening for parking and loading
ureas. The landscaping plan satisfies the relevant
requirements for landscaped islands in the parking area and
the number of trees in the parking area. However, ir. order to
accommodate the pedestrian walkways noted eljewhere in this
report, some of the landscaped features will have to be
modified.
Section 18.100.130 contains a buffer matrix that prescribes
the minimum width and type of buffer required in differeYft
circumstances. The applicants proposed minimum buffer area of
20 feet with vegetative screening meets or exceeds the
standards for commercial development and parking lots which
abut residentia' uses.
e. Chapter 18.102 •- Visual Clearance Areas
All intersections meet the visual clearance provisions of this
Chapter.
f Chapter. 18.106 off-Street and Loading Re-,T ir-1?T-*.nts
Anil Although the exact number of required parking spaces in
Section 18.3.(!5.030 cannot be determined because a3.1 of the
tenants have not been ,identified, the :applicant's estimate of
255 required spaces is reasonable. A total of 293 spaces are
FINAL ORDER - CPA 93-09/2ON''93-03/SDR 93-14 ALBERTSON'S PAGE 33
provided.
Section 18.106.050 describes the dimensional standards for
parking areas. All of these requirements-for parking spaces
and aisle widths are met or exceeded, as shown on the site
plan.
g. Chapter 18.108 - Access, Egress, and Circulation
The number and dimensions of the proposed driveways meet the
provisions of this Chapter.
Section 18.108.060 discourages direct access onto arterial and
collector streets. While the number of driveways for the
commercial development appears justified (pending Washington
County's final analysis and recommendations) , based on the
traffic study and the findings of the Engineering Departments
the future access for the proposed 3.95 acre parcel must be
addressed as noted in this .report.
h. Chapter: 18.114 - Signs
The plans submitted by the applicant indicate one freestanding
sign along the SW Scholls Ferry Road frontage, as allowed by
Section 18.114.130 E. A sign drawing has been submitted
without; dimensions. Sign permits shall be required as a
condition of approval to ensure compliance with Code standards
for the C--C Zone.
i. Chapter ,3.120 Site Development Review
The relevant design standards in Section 18.120. 180 A. have
been,adare.3sed elsewhere '',n this report, with the exception of
noise (18 .180:180 A. 5. ) As discussed earlier, the loading
area on the south side of the grocery store is visually
screened from adjoining residential properties. However,
noise from truck traffic, trash collection and compacting, and
rooftop equipment has proven to be a source of conflict
between commercial and residential uses.
Sufficient information has been provided to address the
expected major noise generators,on site. The applicant should
comply with the recommendations made within the accoustica.l
er..gI eer's report as addressed previously within this report .
Lased on this study it appears that the site improvements can
be modified to comply with the applicable Development Code
criteria for mitigation of noise.
j . Chapter 18.162 Major and Minor Land Partitioning
The proposed partition complies with all of the dimensional
requirements of the C-C and R-25 zones, and the requirements
of this Chapter shall be 'satisf:Led by the conditions of
approval.
FINAL ORDER- CPA 93-09/ZON 93-03/SDR 93-14 ALBERTSON'S - PAGE 34
k, Chapter 18.164 - Street and Utility Improvement Standards
These shall be satisfied as required by the City Engineering
Department and tha Washington County Department of Land Use
and Transportation.
FINAL ORDER CPA-93-09/ZON 93-03/SDR 93-14 ALBERTSON'S PAGE 35
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