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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 35 444-WIT C-1 ` �o rm 6i9 ��•. .rte �.� rE a ,• �� ;L ��s • .! T q •.d I � � �y. e, PLOT PLAN CASE 110- cp.% #93@0009 E X H 1131 T MAP ZOIC' #93-0003 g1?x #93-001C #93-®®13 lolls;. Ai toWA tj Pt 1 All All ago ro rpt.•: -- � ��'•_'� '� �... ,, ;.. �► VICINITY CASE NO. cPA 00 P •.. EXHIBIT =PAR A 0` : _• 00 XLP #93-0013