Ordinance No. 96-11 ------------------
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53 CITY OF TIGARD,OREGON
< ORDINANCE NO.96-
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DOITING FINDINGS AND CONCLUSIONS TO APPROVE GARd v;
AN VPCviivniv �. .. _.CA TIGARD
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COMPREHENSIVE PLAN AMENDMENT BY THE TIGAKu-fut�uiiii:,,,...,.___.-TRICT
L`u (CPA 95-0006). .;d
t WHEREAS,the applicarf has requested a comprehensive plan map amendment from Public Institution to �`
General Commercial on two parcels at the northwest corner of State Highway 217 and SW 72nd Avenue; :
and
WHEREAS,the Planning Division recommends approval of CPA 95-0006;and
r WHEREAS, the Planning Commission conducted a public hearing for the proposed amendment at its t`i
s meetings of January 22 and February 5,1996,and recommends approval of CPA 95-0006;and A
i WHEREAS,the City Council conducted a public hearing for the proposed amendment at iits-CClIng Of
£ February 27, 1996, and voted 4-0 with one abstention to approve the proposal and direct staff to return
with the findings and ordinance.
THE CITY OF TIGARD ORDAINS AS FOLLOWS: .:
SECTION is The proposed comprehensive plan map amendment is consistent with x a::relevant criteria
i based upon the findings of fact and conclusions of law as noted in the attached final order
` (Attachment A);
4 Y
SECTION 2: The City Council concurs with the planning staff and Planning Commission
recommendations and approves the request to designate the parcels as illustrated on the
attached map(Attachment A,Exhibit A). '
$# SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,signature by the
t ay Mayor,and posting by the City Recorder.
PASSED: By UnCtllimo113vote of II Council members present after being read by number and titlefrrx n'
k only,this of. , 1996. F
to
Catherine Wheatley,City Kec5rder
APPROVED: By Tigard City Council this L day 96, k
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x*r es Nicoli,Mayor
Appr Ved s to f { s
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City AJttom /
� 4 7 Date
ORDINANCE No..96=_!toSSR
i:Vrpinlraylcpa96 06.ord
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VICINITY MAP n ''�•''••�''''•' :?�
//,� to General Cpmmerc'ai � �,���,,SSYY i
NOTE:MAP IS NOT TO SCALE
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BEFORE THE CITY COUNCIL OF THE x
<* 4 CITY OF TIGARD, OREGON
In the Matter of an Application by ) '
the Tigard-Tualatin School District )
$ � 23J For Approval of a Comprehensive ) FINDINGS OF FACT ANDrci3,
{ r ' Plan Map Amendment From "Public ) CONCLUSIONS OF LAW ; ' h="
Institutional" (PUB-INS)To
� "Commercial General" (C-G)at 12615 � ��� �� �
SW 72nd Avenue ) l �
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I. PRELIMINARY MATTERS
' A. DESCRIPTION OF THE APPLICATION.
�
The application requests approval of a comprehensive plan map amendment from r
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the Public Institutional map designation to the Commercial General man designation nn 11.95
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acres. See Exhibit A.
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'V2:16V7 PER
x B. SITE AND ADJACENT AREA DESCRIPTION.
WA
42
This site contains 11.95 acres. It is located on the northwest comer of State
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Highway 217 and SW 72nd Avenue. The site is in an area known as the Tigard Triangle
1 ("Triangle"). The site is a triangularly-shaped parcel that is occupied by the Phil Lewis £$
s
Elementary School. The site is designated Public-Institutional ("PUB-INST") on the Tigard
Comprehensive Plan(" f.P")_ an and _Pnrai C4TL:ar::H! the TjgG ard Zoning l
Map.
7 54
North of the site is a single family area. The TCP map designates this area as
"Low Density Residential" and it is zoned R-1. The area east of the site(across SW 72nd
f Avenue) is designated on the TCP map as "C-P." This area is developed with single family t r
homes and offices. Further north of the site along the east side of SW 72nd Avenue are s 4
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"Medium High Density Residential" and "Low Density Residential" district TCP map
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designations. The area surrounding the intersection of SW Dartmouth Street and SW 72nd s
" ( Avenue is designated "Commercial General" on the TCP map.
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The School District("District")constructed Phil Lewis in 1957. In 1995, District
a t ,
patrons approved bonds to construct a replacement school on Bull Mountain. The construction
schedule calls for the new school to open in June 1997. The District will continue to use Phil
Lewis while the new school is being built. "%�1 h ,is
'
The District decided to replace Phu Lewis for the full
owln reasons: k}
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1. Commercial development in the Tigard Triangle has reduced the number
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of students living within Phil Lewis' immediate neighborhood to just 33. The total school '
enrollment is 375 and the school has one of the District's lowest maximum capacity numbe ,
500--which limits student growth options.
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1 2. Commercial development has also produced heavy traffic, which benefits
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general commercial sites but also creates dangerous walking conditions for an elementary school.
Consequently, the District has received a waiver from the Oregon Department of Education
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regarding minimum walking distances and currently buses all students to Phil Lewis. e
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3. Phil Lewis' location, which is in a major commercial area and therefore
isolated from other residential development, has produced a strong negative reaction fromM.
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naren whn have Children bused into the school. " ;j
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4. Most of SW 72nd Avenue is without sidewalks. Before and after school �� r7.
and weekend use of Phil Lewis for recreational and public programs is limited for reasons of
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pedestrian safety and general public access.
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Limpractical
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: 5. Phil Lewis' design makes updating expensive and expansion tmpracucal
r for reasons of layout and location. Although the school was remodeled in 1988, funding K s'
c prevented a total renovation and items that still need to be corrected include expensive i 4
mechanical i,-nproveinents. Expending moneys on these improvements would not be an efficient
use of the District's funds when a voter approved alternative--sale and replacement--exists.
6. The Triangle's commercial growth and the increased traffic on State
z. Hibnh-1 21 }jam a� a
7hir,which borders Phil Lewis,have produced noise and visual problems. The District r�;,�� .� {��..•��
is forced to keep doors and windows closed at Phil Lewis, although the school has no air
conditioning. ft
7. Phil Lewis' design allows for relatively easy access by trespassers. TheW,
school has outside restrooms and isolated wings that present security problems. The District has —
found transients in the restrooms in the past. e,,-4,7
8. Residential development on Bull Mountain has created a rapid growth area.
There are 600 elementary students living south of Bull Mountain Road who would be served byt,
the new school. Conversely, the Phil Lewis attendance zone faces continuing reductions in t
r'
student population. .'
9. The District's planning goals include locating schools in areas of high
student density with potential for future residential growth that can be accommodated by the ¢ 5 -75}
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schools. The Bull Mountain site meets this goal, but Phil Lewis does not. r �
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FS 10. The District's planning goals include locating schools in neighborhood
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settings that maximize community and nearby residential usage of playfields and other facilities.
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The Bull Mountain site meets this goal,but Phil Lewis does not.
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ru- 1 . We loctrsc� su.ni L1y . ..1The Distri..s planning goals inc. 10
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directly serviced by an arterial or major collector. The Bull Mountain site, with service from c , { ,
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131st meets this goal. Phil Lewis, which is bracketed by State Highway 217(arterial) and SW { sk ='
x 1 72nd(major collector)does not.
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} The site abuts State Highway 217, an Oregon Department of Transportation
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("ODOT")facility,and SW 72nd Avenue,a City street. The site's current access is to SW 72nd t
Avenue. The TCP transportation reap classifies State Highway 217 as an Arterial and SW 72nd
Avenue as a Major Collector. Hampton Avenue,a Major Collector,intersects SW 72nd Avenue
opposite this site. SW 68th Parkway parallels SW 72nd Avenue to the east and is designated e � -
as a Major Collector. Other area streets are Local streets.
D. PREAPPLICATION MEETING AND NEIGHBORHOOD NMEETING.
The preapplication meeting between the District and City of Tigard staff was held Y ;
on June 22, 1995,pursuant to Tigard Community Development Code("TCDC"]18.32.040.
The district held a neighborhood meeting to discuss this application on July 11, '', t '
1995 at the District's administrative offices. The District invited members of the East
Community Involvement Team (the "CIT") and adjacent property owners to attend the '
meeting. our persons attended the meeting. None of those persons opposed the request. a rvu
The Distrix advertised the neighborhood meeting by notice posted on the site and by mailing
letters to property owners within 250 feet of the site and to the CIT representatives. r "
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E. APPLICABLE APPROVAL CRITERIA.
The approval criteria for this comprehensive plan map amendment include -
t applicable Statewide Planning Goals (the "Goals"), applicable policies in the TCP see TCDC n � �
' 18.10:010(A)), OAR Chapter 661, Division 12 (the Transportation Planning Rule), and F � �
f , s
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� crantlarcls of the C�PflPC7l ( mPr I Tl:<r ,-.i Ti"�r� (''nmm!}pity ilPVPlnnmPnr C'.nr{P
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Chapter("TCDC")Ch18624X� i l
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F. PROPOSAL. k t
The applicant requests an amendment to the TCP map from "Public-
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Institutional" to "General Commercial." The TCP is the preeminent planning document.
Baker v. City of Milwaukie,271 OR 500, 533 P2d 772 (1975). The TCDC implements the nq �
TCP and the two must be consistent. In this case,consistency is achieved by amending the MA
` site's TCP Map designation to General Commercial. #
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The Public-Institutional designation is not implemented by a particular zoning district. , -
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The City Council finds that an elementary school use is not allowed in the CG district. See .,
TCDC 18.62.62.030. Only a limited number of uses in the CG district could implement the $s'
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x TCP map designation. These include"civic use types". See TCDC 18.62.030(1). The City s �
Council finds that there is no evidence that a civic use is likely to occur at this site.
fore rhe Ciry C'nnnril finds that the TCP and TCDC arc are+-_-__.- ....a..,.,
E
There- ->—- — m e
the CG zoning district fails to fully implement the Public-Institutional TCP map designation.
This site is appropriate fora "General Commercial"TCP map designation. It
* is a highly visible site with direct access to a major collector and is adjacent to an arterial. The
% TCP recognizes that a map amendment is necessary in this situation. The "Community
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Utilities and Facilities" section of the TCP has several purposes,including the provision of
# appropriately located public and community services and the location of these services where
required services can be achieved. See TCP 12.4(1)and (2). Because Phil Lewis is no longer
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t suitable as an elementary school site and will be closed, the Public-Institutional map 's; s ,
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designation is also inappropriate.
Mr.Martin appeared at the January 22,1996 Planning Commission in opposition
to the proposal. Mr. Martin argued that there is no map conflict and that this site can bex{
developed under the TCP designation. The City Council disagrees for two reasons. First,
there is no zoning district that fully implements the "Public-Institutional" TCP map >k
� designation.
1 Secondly,the conflict in this case is fatal to development of the property,unlike '. .
the conflict in Baker v. City of Milwaukie,271 Or 500,533 Ptd 772(1975). The conflictin
Baker involved a discrepancy in maximum density allowed on the subject parcel. The Baker ;
conflict was resolved by developing that property consistent with the density recognized by
the City of Milwaukie Comprehensive Plan,
In this case,the conflict is more basic and goes to the nature of the uses allowed .'
by the TCP map "Public-Institutional" designation versus the uses allowed in the General- g
a
Commercial zoning map designation. Since no zoning district implements the "Public-
r
j Institutional"TCP map designation,it is highly unlikely to allow development of the property
�7
! where only a single use in the TCP map designation is implemented by the CG district. z, t;
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ATTACHMENT A S of 40 PDXIA-26171.1 21152-0002
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Changing the TCP map designation also furthers several implementation
w strategies contained in the TCP's "Economy"section. Economy Implementation lementation Strategy 8 _4
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t states: x w
"The City shall target efforts to strategic areas for growth and s�
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arversmcatlon, apecttic areas mciude ute central business dlstrtct, b
the Tigard triangle,and the 74th Avenue indus[rial area." M.timet -
4 This application provides for the development of a site within the Tigard Triangles
�- 4 rr i rntlai market has moved away from Afr�N�
_ .,
that is no longer needed for an elementry school. The•-s.d_•••'»- a..-_t.._s...ove
this area. The sale value of the site cannot support residential development. The site Cannot
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! be effectively developed ed for residential uses. i4
While the site is not suitable for residential development, it does meet the criteria ;
for the "General Commercial" designation. The site's development for commercial retail use �.
will have the same or less impact than if the site is developed for office use. Further, 4 `�
commercial retail development of the site increases the opportunity to generate greater revenue
r_ � .
for the City, thereby enhancing the City's ability to improve its transportation system.
Another justification for the amendment is to reduce congestion on area streets.
Economy Implementation Strategy 27 provides:
s "Because access within an area is a significant determinate of x a
x economic location, the City shall develop and put into effect
strategies ao reduce traffic congestion."
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One of the ways to reduce traffic congestion is to encourage the development ofs
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w uses that create less pressure on the street system. The traffic study prepared by Mackenzie1
Engineering demonstrates that development of an approximately 123,000 square foot commercial
ATTACHMENT A 7 of 40 PDXIA-26171.1 2145002
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retail center on this site will have the same or fewer traffic impacts than would a development s^�
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of a 260,000 square foot office center.
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G. PROCEDitRer,uicmnn * 4
The applicant filed the application on November 15, 1995. The Planning r q s
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4 Commission opened the hearing on January 22, 1996. The Planning Commission Chair read a r4
2
the statements required by ORS 197.763(5). The Chair asked whether there had been any ex � � '
parte contacts with any Commission members concerning the application. No Commission
member reported an ex parte contact concerning the annlirntinn
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Mr.Gordon Martin's representative requested that the record remain opera. The
applicant's attorney suggested that the record remain open until January 29, 1996 for all parties
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to submit additional argument in evidence and until February 5, 1996 for the applicant to �
£. t respond with additional argument in evidence. r;
At its February 5, 1996 meeting, the Planning Commission recommended by a
fes .
unanimous vote that the Tigard City Council approve the application. Commissioner Holland a#
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moved the recommendation with a second by Commissioner Anderson. t w"„
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The Tigard City Council opened the public hearing on February 27, 1996. Mayor
1 Nicoli read the statements required by ORS 197.763(5). All five City Council members were hh
present. Mayor Nicoli revealed an ex parte contact with Bruce Warner of ODOT's region 1
office. Mr. Nicoli discussed the substance of this contact and provided an opportunity for
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N anyone in the audience to rebut the substance of the ex parte contact. No one requested an
z ;° opportunity to rebut the contact. # �
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The City Council, on a motion by Counselor Rohlf, seconded by Counselor =�, -;, �^- s�r•
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iviuure, voted to apt,rc.e the application by a vote of 4-0-1 (Counselor Hunt abstaining).
z
H. FINDINGS OF CvNiPLIANCE WITH APPLICABLE APPROVAL CRITERIA x
A. STATEWIDE PLANNING GOALS
4 P � Yd's,
I. Goal 1, Citizen Involvement: I r � � t4 t
'4 "To develop a citizen involvement program that ensures R��
the opportunity for citizens to be involved in all phases of the $
planning process." a � `
.
rity Council Findings: This Goal is satisfied through the acknowledge TCP and s o ;
Trnr which nmvide for citizen participation. The applicant met with the CIT representatives
n ,
` and adjacent property owners prior to submitting this application. t'
2. Goal 2, Land Use Planning:
"To establish a land use planning process and policy
framework as a basis for all decisions and actions related to use
of land and to assure an adequate factual base for decisions
and actions."
City Council Findings: This Goal is met because the acknowledged TCP and t
t �
" TCDC contain provisions implementing the planning process. Goal 2 requires that the TCP _=h
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"shall be the basis for specific implementation measures. These measures shall be consistent
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' with and adequate to carry out the[TCP]..." This proposal will result in an appropriate TCP
for
•--_t^• a,a.....lements the('-G designation.
map designation 'u`„��..��.�.....r._..._.-._ __ _
Finally, Goal 2 requires the City to coordinate this proposal with other affected € � �
' governmental units. Coordination was accomplished during the City's review of the application. in
jg m &
3. Goal 3, Agricultural Lands:
"To preserve and maintain agricultural lands." h _
ATTAC14MENT A 9 of 40 PDXIA-26171.1 23452mms�"
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y City Council Findings: This Goal is inapplicable because the site is not 3 '
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f� agricultural land. i
r 4. Goal 4 Forest Lands: f
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"To conserve forest land by maintaining the forest land � �4k.
base and to protect the state's forest economy by malting $s �v,
possible economically efficient forest practices that assure the
{r I continuous growing and harvesting of forest tree species as the
leading use on forest land consistent with sound management
of soil, air, water, and fish and wildlife resources and to
provide for recreational opportunities and agriculture."
2t w
j City Council Findings: This goal is inapplicable because the site is not forest
land. i # '
5. Goal 5, Open Spaces, Scenic and Historic Areas and Natural
n___.._----
,�
"To conserve open space and protect natural and scenic
resources."
City Council Findings: This goal is inapplicable because the site is not
t
designated by the TCP as containing open space, scenic and historic areas or natural resources
protected through the TCP.
6. Goal 6, Air,Water and Land Resources Quality: ,
"To maintain and improve the quality of the air,water
and land resources of the state."
(',fir('minoi_I Findinoc;TFy� l •••111 nOt d:.^ud" �:•.. ^__.�__..•_�
-- - --- s proposal .. 6 e air quataay. coinnic rciaa
uses are not "point source" generators of air pollution. c
_
Water quality will not be degraded by this proposal. Stormwater runoff will
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either be retained on-site to allow for gradual filtration into the stormwater system ora "fee in r
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ATTACHMENT A 10 of 40 PDXIA-2617(.1 23452-0002
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lieu" of on-site retention W1,. ,!c pz; to the Unified Sewerage Agency for water quality 7
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treatment.
The land resources of the state will not be degraded by this proposal. The sitea ' .
is not in farm or forest use and does not constitute an important land resource for the state. ; '
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7. Goal 7, Areas Subject to Natural Disasters and Hazards:
'=h , "To protect life and property from natural disasters and
hazards. _
City Council Findings:The site is not subject to natural events that could result
in injury to persons or properties, such as flooding, erosion, 1 ' lid t r �
J Y P p l� --a, , 3n.. o w, earu`tquaks Or
hazardous soil conditions. This Goal is satisfied. 2 d
8. Goal 8, Recreational Needs:
I
"Satisfy the recreational needs of the citizens of the state t 4
ti and visitors, where appropriate, to provide for the siting of
necessary recreational facilities, including destination resorts." '
� - City Cognrit Findl=:This Coal is irapplicabie because this site is not necessary
�a
to satisfy the recreational needs of the state. Moreover,the City's recreational needs of the City
1 are far more likely to be satisfied if the City takes action that allows the district to close Phil ` X
# Lewis and open a new school with ball fields and other facilities at Bull Mountain. a
t4
9. Goal 9, Economic Development:
M s:
"To provide adequate opportunities throughout the state
For a vagi;;of economic activities vital to the health, welfare,
� `
and prosperity of Oregon citizens."
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City Council FindjW: This Goal is satisfied because the proposal provides for
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1 commercial] -desi hated land at the intersection of two major streets. The findings of the TCP
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"Economy" section recognize that Tigard is an important economic employment center within
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the Portland metropolitan area. Pan of this economic strength comes from the City's location f Y c
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and its commercial growth. The TCP implements Goat 9 by designating appropriate areas for
cv �,,4nnment. The TCP "Economy" section also recognizes that proximity to I-5
and Highway 217 "serve[s] as incentive to economic development in Tigard." _14
"
3 t? 1
This site is most appropriate for commercial development when compared to other r"*+0,� ��
potential uses. The City must make some change in the TCP map designation because Phil
Lewis will be closed and an elementary school is inappropriate at this site. Commercial kt #
1 development makes the most sense at this site because it is adjacent to a major collector street
and an arterial street, otherwise meets the locational criteria for the "General Commercia
designation,and is inappropriate for residential uses because of the proximity to heavily-traveled
.d*.Ic tack of a-stens m ..
ve. ash se u .. ... se e re--;"e.^.t:�t Vleaelnrmvnt, - i s� 'i-4 �F4^..
This Goal•is satisfied.
10. Goal 10,Housing:
"To provide for housing needs of citizens of the state."
City Council Findings:This site is not needed to meet the City's housing needs.
' The City currently exceeds the density required by OAR 660-07-035(3), "Minimum Residential
Density Allocation for New Construction." See also TCP 6.1, "Housing Needs"(t22.
11, Goa! 11, P6bli�.^F •ariies„L" Services:
- LICJ F
P
"To plan and develop a timely, orderly and efficient ;h �
arrangement of public facilities and services to serve as a }^
framework for urban and rural development."
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ATTACHMENT A 12 of 40 PDXIA-26171.1 23452-OW2
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k City Council Findines: This Goal is satisfied because the site can be served by " ? !
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s of police and fire services,sanitary facilities, water, storm drainage facilities,
R appropriate level
and energy and communications services. f
ih;���rP The b� �� �'
The Tualatin Valley Fire and Rescue District can provicic x.
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City can provide sanitary sewer and storm sewer services to the site. The Tualatin Valley Water c _
District has sufficient capacity to serve this site with water. ,
61ented that the i ..ersecuon of SW 72nd g
The Tigard Police Department has comm
Avenue and State Highway 217 has experienced a number of auto accidents. The City Council , .
finds that this application should improve traffic safety because of the street improveinerts ^
associated with development and because traffic will be less than office development. ts
� 12. Goal 12,Transportation: �
i
r r'ti "To provide and encourage a safe, convenient and nw
41 economic transportation system." "
s
� 1 City Council Finding s: Goal 12 is satisfied if either of the following is t* ,
demonstrated: d
ya �
(1) there is a safe and adequate transportation system to serve development i .
under the proposed map designation, or
g (2) developtent of the property under the proposed map designation will note
create greater or different transportation demands and impacts thanW.
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a tis
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development under the existing, acknowledged map designation.
This application will not create greater or different transportation demands and r � �
impacts than development under the existing acknowledged designation because of three
,5�3
's + important conclusions demonstrated in the applicant's transportation study. L-0
s +4 ��
ATTACHMENT A 13 of 40 PDX1A•26171.1 23352-0002
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First,the street improvements recommended in the DKS Tigard Triangle traffic
study will allow all Triangle roads to operate at acceptable levels of service t Lw 1 w,ui µ
"General Commercial" designation on this site. ;
Mr.Ray Valone testified at the February 27, 1996 City Council meeting that the
`W , - r
City pians i�a� e:re ^n?mendations of the I-5/217 subarea plan in order to facilitate a local and f£ f 4-
im
regional solution to the transportation system's needs. Mr. Hendryx, Community Development
j Director, also testified as follows: ' O
EM
V MIOR,�
"Within that work program that Council had taken
action on already to direct staff to proceed,is a component thatx �
would address the I-51217 improvements identified with that
project and consideration for adoption of what is caned the
toolbox which includes a number of i p.-uvements for the s �
greets throughout the triangle and throughout the portion of �
Tigard. 1 JUJL want cd to point that cut soothe...,.,,rd ,,:...� ..
,. .
that the action had been taken this evening by vCouncil
1 already." �r
` 1
Further, Mr. Hendryx testified to the City Council:
"Mr.Mayor,it's been conveyed to me both by Mr.Leo
Huff and Bruce Warner was that provided the City is �
interested,which we have demonstrated for addressing the I-
5/217 improvements, going through the process and updating w'a
' our comprehensive plan would include those identified
improvements, the State is satisfied with the effort the City is
making towards the showing that adequate public facilities will
J exist out there and there would not be any opposition from
ODOT with regards to this request." r
Finally, Mr. Hendryx testified with respect to improvements in this area: ;1 AR
"In an effort to improve overall circulation in that
vicinity, including the Tigard Triangle,there was a full series 'k
of improvements that were identified—widening 72nd,widening
Dartmouth. I'm just going to name a few. Doing some other `
( improvements, like the two fly-overs I just mentioned as well
` as a number of other improvements were identified as part of r
ATTACHMENT A 14 of 40 PDXIA-26171.1 22452.0002
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the analysis of ultimately needing to be done to meet future f s.
; �4 transpor .wticrf needs in that vicinity or in that subarea." s 1
The City Council finds that the DKS traffic study for the Tigard Triangle area {�ea
completed in May 1995 identifies improvements necessary to provide area roads at acceptable ° ; P
L
zr levels of service. Testimony by city representatives is sufficient to demonstrate that the street +;
improvements identified in that,plan as well as the 1-5/217 subarea plan—;11 ti_ ir.
_ ,Nieinented
� ���"
*c
and,with implementation,area streets will be at acceptable levels of service. .
Secondly, without the DKS-recommended street improvements, the level of "
service on SW 72nd Avenue will be the same even if this site is not developed. The Triangle's
streets must be improved regardless of what action iiic Citytai;cs c.'1 this r^ ^^
Finally, because the TCP map designation must be changed, the appropriate p
r v �w��
comparison is to the current zoning map designation on this site, "CC." a
x 4
The City Council finds that the proposed CG map designation will not create �
greater or different transportation demands and impacts in development under the existing,
> acknowledged map designation. Assuming for the purposes of this analysis that the "civic use
types"permitted by TCDC 18.62.030(A)(1)in the CG zoning district include "public offices"
as permitted by the Public-Institutional TCP map designation,then the site could be developed
wi'u`i an office use. "
An office use developed under the existing, acknowledged TCP map designation
� i i
G �
would generate 2,890 new trips compared with 4,025 for a 123,000 square foot community
40 1
shopping center. However,an office use would generate 376 P.M. peak-hour trips whereas the a
shopping center would generate only 375 P.M.peak-hour trips. The City Council finds that any r € .
20t adverse impact to the transportation system is largely felt during the P.M. peak-hour. The ; M4f
p! ATTACHMENT A 15 of 40 PDRIA-26171.1 23452'0002 t
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�, ,' ` _„- .uas*,tkr s,.,.�_ +..... ,;..., .. x.. y_•c,:. "4k.4ar3rdkZ4',fig,$ � 3,r,y� �F^.3'9.0
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fi etinb TCP map designation will create realer transportation demands than the proposed m
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amendment. '
+. The City Council also finds, based on the transportation analysis performed by
Mackenzie Engineering that the community shopping center will receive more trins already on
1 area roadways than an office use. The City Council finds that the proposal will reduce the V
i
x t number of new trips on the roadways.
jThe Clry Council also concludes that the Mackenzie Engineering traffic analysisF '
I
supports various findings as made in this decision. The traffic analysis examined development ?_<
of the site with a 123,000 square foot community shopping 000 renter and a 260, square
-
j office development. The traffic analysis concluded, for the reasons discussed herein, that the
j office development would have a greater impact or. the transportation system than would aWig
av t >
> community shopping center. The City Council finds that the traffic analysis is specific to the ....
site based on two development models and is based on traffic conditions as they existed when
the analysis was performed. The City Council finds that this transportation analysis would
provide no support for other quasi-judicial TCP map amendments. ;tr
Furthermore, when comparing an office development with a shopping center
development,the City Council finds that the proposed TCP map designation has less impact on a ,
State Highway 99W than the current map designation. Finally, the City Council finds that the
proposed map designation produces less than one-third of the A.M. peak-hour traffic as would a�a
x the current TCP map designation. The City Council finds that taken together, the proposal will r
f
not create greater transportation demands and impacts than development under the existing,
acknowledged TCP map designation.
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ATTACHMENT A 16 of 40 PDXIA.26171.1 23452-000'
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.rte 0......, p............tdLs sttc will result inrg eater adverse traffic impacts than �
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the Commercial General designation. The proposed TCP map designation will lessen the traffic f`i+Ya
impact on State Highway 99W, reduce traffic impact during the morning peak hour of travel,
f
and create the same number of new trins as would a 260.000 square foot office development. 2`
The Commercial General TCP map designation will also reduce vehicle trip length
by providing area residents(especially residents south of State Highway 217 and east of I-5)with
a closer commercial retail center. The City has previously found this reasoning to be persuasive 45,V
i�
1! in the case of the Albertson's application on Scholls Ferry Road. See Marcott Holdings. Inc. � � .
v. City of Tigard,!Or LUBA (LUBA No. 95-011, October 20, 1995).
M,fs k
Table 3 of the transportation analysis shows existing traffic plus traffic from
approved development in the Triangle. The intersection of SW 72nd Avenue and the Highway
Q217 ramps is currently at a LOS "F". Table 4 of the transportation analysis shows that the
intersection will remain at this level of service even with the added traffic from this proposal. rA�
Table 5 of the transportation analysis shows that the intersections will also be at a LOS 7" if
1 �
the site is developed for office use. Thus,this proposal causes no greater impacts than does the
4.10. b r
existing zoning map designation.
The City Council finds that this proposal will not change the impact on the s ''
transportation system when compared to existing development in the Tigard Triangle and the `r
current TCP map designation of this site. This Goal is satisfied.
13. Goal 13,Energy Conservation: '
"To conserve energy."
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ATTACHMENT A 17 of 40 PDXIA-26171.1 23452IX02 N rx a
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s commercial land near major streets, thereby reducing vehicle trip length. Tri-Met providest ,=f
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transit service along SW 74th Avenue adjacent to this site.
14. Goal 14, Urbanization: '
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" "To provide for an orderly and efficient transition from ; ,_'' [r
rural to urban land use." 3
City Council Findings: This Goal is inapplicable because this proposal does notes
request an urban land use outside of the Urban Growth Boundary.
15. Goal 15,Willamette River Greenway;Goal 16,Estuarine Resources,
z �
Goal 17 Coastal Shorelands; Goal 18,Beaches and Dunes; and Goal � -
19 Ocean ResoLlrrest >
City Council Findines: These Goals are inapplicable because none of the
affected natural resources is on or adjacent to this site.
P 4Y�C 2s
CONCLUSION: This comprehensive plan amendment conforms to the applicable
_W
Statewide Planning Goals.
B. APPLICABLE TIGARD COMPREHENSIVE PLAN POLICIES
1. General Policies TCP Policy 1 1-2 Implementation Stratet=y t2):
"The Community Development Code
("CDC")shall provide quasi-judicial changes to w
i z
the Coinpr ehensive Plan Man which may be
initiated by affected parties on a semi-annual 4
basis and approved if the City Council finds: r r -
"a. The changes consistent with applicable 1 � -
plan policy; r
"b. A change of physical circumstances has
occurred since the original designation;or
"c. A mistake was made in the original land
use designation." *
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ATTACHMENT A 18 of 40 PDXIA-26171.1 234320002
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City Council Findings: TCP Implementation Strategy 1.1.2(?_)provides that rhe
City Council may approve a quasi-judicial amendment to the TCp m^r .f it finds that the
` nrzi:usea change is consistent with applicable TCP policies and a change of physical k
E yp circumstances has occurred since the original designation or a mistake was made in the original
land use designation. This application demonstrates that the change is consistent with applicable
x
a TCP policies. For the reasons shown below, the application also satisfies both the chane of � t � ''
g � k� +'"4��`"Tum•
physical circumstances and mistake criteria.
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1 A change of physical circumstances has occurred since the original TCP mapN, F.�
' iu has decided to close The Phil Lewis Elementary School. Therefore, r¢
designatio. The d'
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the site will no longer be used for a public facility, so the Public-Institutional TCP maps x
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designation will no longer be appropriate. The City Council can find that a change of physical `n
circumstances has occurred that justifies the amendment to the TCP map.
The City Council finds that another physical change is the change that has y ,
occurred in the characteristics of the surrounding neighborhood and its impact on the Phil Lewis ti `
jkA
{ i School. The Council finds that this change constitutes a change in physical circumstances whichRLIe
has occurred since the original TCP map designation was placed on the site. Substantial
Y#fix m k
evidence in the whole record demonstrates that the number of school age children has declined
ka y i
significantly over the past several years in the triangle. The number of students attendingthe L —>
Phil Lewis Elementary School as opposed to those being bussed to the school from other areas
` is low. Moreover, the City Council finds that residential uses near the school have declined `
because of commercial development. i
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ji ATTACHMENT A 19 of 40 PDXIA-26171.1 23451 000z
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The City 1, � �
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-- ftcr ".nation •o ,•.......5:: from
designation. This site was originally zoned Mir industrial use a,'..' annexation t^'~� •v
3 f I
Was Countyin the mid-1960s. At some time later, the site was rezoned from industrial ��,_�
to its current zoning designation. The TCP map designation, however, was not amended.
Fr
-TCDC map conflict to occur. During
The City did not intend for a TCP map s
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acknowledgment of the TCP in 1983 and 1984, the Land Conseryation and Development
s � k
Cotmnission("LCDC")identified other TCP map-TCDC map conflicts and found that the TCP F{ �
did not comply with Statewide Planning Goal 2 until such conflicts See, for
were resolved. '.
4:y-
example, "LCDC Acknowiedgci„ent of Can:pi ance,"dated April 4, 1984 at pages 7-9. This
site is not one of the listed sites as having a TCP map-TCDC map conflict. Therefore, the City �
'tea 3aw3..
Council fords that it was the City's intent to resolve all TCP ma -TCDC ma conflicts and that t
ty' P P
jthis site was mistakenly overlooked.
The City Council also finds that the,.Public-Institutional TCP map designation was xt ���fp
s~ a�
mistakenly applied to this site. There is no zoning district that implements the Public- �
Institutional TCP map designation. Therefore, the appropriate TCP map designation ought to
have been Commercial General as this application requests.
The Community Development staff has indicated that the City zoned this properly ,
3y �
60
General Commercial in order to ensure that the Phil Lewis Elementary School did not become " zF.
3 � s ,
a non-conforming land use and unable to be reconstructed if destroyed. However, under TCDC t }
18.132.040(B)(1)(d), discontinuance of a nonconforming use of land for any reason for six
months or more requires that the subsequent use of the land "shall conform to the regulation
�:.
specified by this title for the zone in which such land is located." As noted elsewhere in this
ATTACHMENT A 20 of 40 PDXIA-26171.1 zsaszmoz
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application, because the TCP map and TCDC map are in conflict,no conforming use of this site
inf
can be made. Therefore, while the City attempted to protect the site from i65s of
` nonconforming status,the City has mistakenly failed to apply the correct TCP map designation. fi
r }
For these reasons, the City Council finds that TCP Policy 1.1.2, Implementation
t
Strategy 2, is satisfied. -N�3_.,
' 2. Citizen Involvement, TCP Policy 2.1.1:
"The City shall maintain an ongoing citizen involvement t }
program and shall assure that citizens will be provided an
opportunity to be involved in all phases of the planning
y
process." x '
C ity Council Findings: The site is located within the East CIT area which was
notified of the proposal. The applicant held an informational meeting on July 11, 1995 to
explain the application. _
Notice of the public hearings before the Planning Commission and City Council a'd`
t were provided to surrounding property owners as required by the TCDC.
3. Natural Features and Open Space,TCP Policy 3.1.1:
"The City shall not allow development in areas having .
the following development limitations except where it can be
shown that established and proven engineering techniques t ;
r related to a specific site plan will make the area suitable for the
proposed development. (Note: This policy does not apply to ;
lands designated as significant wetlands on the flood plan and
t
wetlands map.): s ' �` 9
'x (1) Areas meeting the definition of wetlands
under Chapter 18.26 of the Community Development Code; '* #
Al
(2) Areas having a severe sod erosion potential, '
gfr (3) Areas subject to slumping, earth slide or 3
ti
movement; .
ATTACHMENT A 21 of 40
PD%1A-26171.1 23452.00"2
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(4) Areas having slopes in excess of 25%or
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! (5) Areas having severe weak foundation soils." F
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" ii Council r7"nr i=: The site has no mapped wetlands, severe soil erosion, '
slopes exceeding 25 percent, severe weak foundation soils nor is it subject to slumping, earth
slides or movement. Nearby property is developed with no evidence of development limitations. Y Ri
4. Air. Water and Land Resources Ouality,TCP Policy 4.2.1: 3 '.
n - ,
"All development within the Tigard Urban Planning Area shall
comply with applicable federal,state,and regional water quality standards." y� ,�a`
City Council Findings: This policy will be satisfied through the Site
Development review process in TCDC Chapter 18.120 and the building peri,.:process. The
proposed TCP map amendment will not affect compliance with this policy. `
5. Economy, TCP Policy 5.1.1: '
The City shall promote activities aimed at the - a
diversification of the econnm c opportu:ut.•es avauable to Tigard
residents with particular emphasis on the growth of the local {
job market." w '
City Council Findings: This proposal furu§ere this policy by providing for the
j redevelopment of a site that is no :onger needed for a public use. This proposal will enhance
the local job market by providing additional jobs. r
6. Economy1TCP Policy 5.1.4:
"The City shall ensure that new commercial and
industrial development shall not encroach into residential areas
that have not been designated for commercial or industrial
nye.
t �
City Council Findings: This policy is satisfied because the site is bordered by
� x
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a residential area only on its northern boundary. Commercial retail development can be
d
ATTACHMENT A 22 of 40 PDXIA.26171.1 23452.0002
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developed on this site with appropriate trnfiering and screening to to:nitrizP impacts, if any, to
the adjacent residential area.
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7. Housing. TCP Policy 6,F.1:
r "The City shall require:
} t XNi..;
"a. Buffering between different types of land uses - �
(for example between single family residential and multiple
family residential and residential and commercial uses and
residential and industrial uses) and the following factors shall M -
be considered in determining the type and extent of the
required buffer.
1. The purpose of the buffer, for , "
example, to decrease noise levels, absorb air .
pollution, filter dust or to provide a visual , »'
barrier. `ter
=2 The ctze nf the buffer needed in aiF'•
terms of width and height to achieve the purpose.
113. The direction(s) from which '
buffering is needed.
i
"4. The required density of the
buffering.
+ "5. Whether the viewer is stationary or '> v
_
mobile.
"b. On site screening of such things as service areas
and facilities,storage areas and parking lots,and the following
factors shall be considered in determining the type and extent `
of the screening:
a
"1. What needs to be screened. sce
7 3 .+ C'•
3`4sr,
"2. The direction from which it is his.
needed.
"3. How dense the screen needs to be.
4
ATTACHMENT A 23 of 40 MIAa6171.1 23452.000.
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Whether the screening needs to be
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year round." ,:
City Council Findings: Commercial retail development on this site can be -
xr �
adequately buffered from the adjacent residential development on the north. The focus of the r
i site's activity will be to the south, away from the adjacent residential area. An appropriate tL..�� �����i3���,•
r,
combination of fencing and landscaping will provide a visual buffer between the site and the
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adjacent single family homes. ��-a-
,
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The CG district also requires a 20 foot setback when abutting a residential zoning
district. TCDC 18.62.050(A)(3)(d). TCDC 18.100.130(A)establishes a"buffer matrix" that
i requires appropriate screening between cgmmgrcial iic c and cmolP family hnmrc rIPvAnnmPnr x -
{�
j on this site can meet these requirements.
1l
The applicant can develop standards to control light intrusion onto the single
N.
{ family homes, late night and early morning deliveries to the stares and to control litter. The
applicant can also provide an appropriate connection along SW 72nd Avenue between the single �� �
j family area and this site that will encourage walking and biking to the site. r
r
8. Public Facilities,and Services. TCP Polite 7.1.2:
"The City shall require as a pre-condition to p � `
development approval that:
(1) Development coincide with the availability of
E
adequate service capacity including:
b Y
t (a) Public water,
k inx ;
(b) Public sewer shall be required for .
new development within the City unless the d
ATTACHMENT A 24 of 40 PDXIA•26171.1 23152-0002
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1 property is over 3300 feet from a sewer line and
4�
Washington County Health Department approval '
4 7
a, for a private disposal system is obtained; ander
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' (c) Storm drainage.
(2) The facilities are: � <t;
(a) Capable or adequately serving au � �`
intervening properties and the proposed ag '
development, ,
Fx (b) Designed to City standards; and
(c) All new development utilities to be
placed underground." ka
City Council Finding: This policy is satisfied because water, sanitary sewer and {
storm sewer are available at this property. The Tualatin Vale �1��•cr Tisirict serves the site
= � .
and has found the water service is adequate. A sanitary sewer line is just to the west and north { °`
of this site and can accommodate this development. Storm drainage is to the northwest from this #
site.
9. Public Facilities and Services TCP Policy 7.2.1: �£ ";'No �
W x .
` "The City shall require as a precondition to development
that:
(1) A site development study be submitted for #
development in areas subject to poor drainage, ground
� Cl.....1in
instability f..kJ t 3 YS
? bili.y or flood' which shows that the development is safe
}
and will not create adverse off-site impacts;
° { V-
(2) Natural drainage ways be maintained unless _
}
, submitted studies show that alternative drainage solutions can
solve on-site drainage problems and will ensure no adverse off-
t site impacts, , s$
" (3) All drainage can be handled on-site or there is an ,
q" alternative solution which will not increase off-site impact; x ;
x ATTACHMENT A
25 of 40
` PDXIA-26121.1 27452-0002
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(4) The 100-year flood plan elevation as established ,
r by the 1981 flood insurance study conducted by the US Army1 _
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Corps of Engineers he protected;and _
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(5) Erosion control techniques be included as a part {� x
of the site development plan."
Citv Council Findines: There is no evidence that poor drainage, ground ' s
gid, �o nr%will!^^resent on the subject property. No natural drainageways ,
uuwuiiiij a .. �.'�:.- :...
exist on the property. Erosion control techniques, if applicable, will be included as part of the 34 � k_110
.
site's development during the site development review process required by TCDC ChapterNO
18.120.
10. Public Facilities and Services TCP Policy 7.6.1: •
"The City shall require as a precondition to > `
development that:
(1) The development be served by a water system
having adequate water pressure for fire protection purposes;
j P•'
(2) The development shall not reduce the water
pressure in the area below a level adequate for fire protection ;
3 purposes; andp "
(3) The applicable fire district review all
applications."
City Council Findings: Development on the subject property can be served by
a water system with adequate pressure for fire protection. Future land use will not cause water t � x
pressure to be reduced below a level adequate for fire protection purposes. The Tualatin Valley , ;•"
v �
Fire&Rescue District will review the site development review plan required by TCDC Chapter rw -
r $ 18.120.
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ATTACHMENT A 26 of 40 PDXIA-26171.1 23452-002
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11. Transportation, TCP Policy 8.1.1: + $`
y City shalt pian for a safe and efficient street c
roadway system that meets current needs and anticipated
future growth and development." ' *
plan for a safe and
City Council Findings: This policy requires the City to
efficient street roadway system that will meet current needs and anticipated future growth and r s
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development. This is consistent with ORS 197.752(l)which requires:
j "Lands within Urban Growth Boundaries shall beV OR
available for urban development concurrent with the provision
of key urban facilities and services in accordance with locally f ' I
adopted development standards" ` �
TCP Policy 8.1.1 means that the City must take into account development changes and that its
{• �-s 4 1��'S�Y '
a transportation system must accommodate these changes. at '
The Ci Council has previously found in the application b Albertson's,Inc. with uhf
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respect to a comprehensive plan map and zoning map amendment, that where a proposed
redesignation itself will not result in an unsuitable or unsafe level of traffic, TCP policy 8.1.1
is satisfied. The City Council also found in that same case that, while commercial development #
of the site might be expected to result in some increase in total traffic on adjacent roads as s F , •`
compared to what might be expected under the current designation, the impact on City or
regional transportation systems would be beneficial by providing commercial opportunities that
r
are closer to adjoining residential areas than is currently available and that, therefore, a net Zx k
r reduction in total system traffic can be anticipated. The City Council finds in this case that .V
because of the potential for "diverted link" and "pass by" trips to use this site, area-wide 4 ,
transportation impacts will be mitigated and, as previously found, this proposal will have less ' �' ;&
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a impact on the area transportation system than the existing proposal.
f{ ATTACHMENT A 27 of 40 PDX1A-26171.1 23452-00021 14
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The City Council also finds that the traffic study and proposal by the pplicant
demonstrate that the proposed improvements on Sa!th:eest 72nd I cnue adjacent to this site can
a
adequately accommodate the traffic expected to be generated by this redesignation. _'
f Further, the City need not show that future plan amendments be timed andf' ' $' "T
accomplished in a way that avoids the possibility of temporary safety problems. See Davenport
v.City of Tigard,23 Or LUBA 565, 578(1992). The City Council finds that timing concerns
a ,
are unwarranted for two reasons. First, the City has obligated itself to complete a study of the
Tigard Triangle transportation system and to implement that study's recommendation. Further,
" M
59
the City has stated that it will complete the Transportation System Plan required by OAR Y Ih ,
Chapter 660,Division 12,one year after the Regirnal Transportation System Plan is completed.
The Phil Lewis site must have a different TCP map designation. The appropriate
TCP map designation is one that allows commercial development. The applicant's transportation
study shows that even without this application,unless the City implements the recommended
changes to the Triangle's transportation system, all intersections will operate at unacceptable ,
levels of service.
This application furthers TCP Policy 8.1.1 :.it several ways. First, it will provide
needed on-site transportation improvements, such as sidewalks,bike paths and a transit pull-out
and shelter. The site's developer has agreed to dedicate land to improve SW 72nd Avenue
adjacent to the site and agree to participate in a local improvement district for improvements to °
SW 72nd Avenue. "
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Second, it will provide for a development which has significant benefits over
office development. A 260,000 square foot office site will generate 376 trips during the evening i
ATTACHMENT A 28 of 40
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EBt ] 1 peak hour of travel while this proposal will generate 375 new trips. During the morning peak
hour of travel, an office development generates 401 new trips compared to this proposal's 92 f2
k new trips.
Third,the application will provide for development that is capable of supporting '
: the cost of an improved transportation system.
f
���,,.,,, discussing com trance with Goal 12, this '
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application has the added benefit of reducing trip lengths by bringing commercial retail uses
closer to existing residential areas. The development will also "capture"pass-by traffic, which �r
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t does not add new trips to the street system. The City found in the Albertson's application that .`
TCP Policy 8.11.1 is satisfied by "providing commercial opportunities closer to adjoining t
residential areas than is currently available." This interpretation of TCP Policy 8.1.1 is
applicable to this application,also.
12. Transportation, TCP Policy 8.1.3: kf
"The City shall require as a precondition to development
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approval that:
{1) Development abut a publicly dedicated street or s r
have adequate access approved by the appropriate approval "
authority; $ ;
(2) Street right-of-way be dedicated where the street
is substandard in width;
(3) The developer commit to the construction of the
streets, curbs and sidewalks to City Standards within the
development;
(4) Individual developers participate in the
improvement of existing streets, curbs and sidewalks to the
xt extent of the developments impacts;
N16WO .
ATTACHMENT A 29 of 40 PDXtA•26171.1 23+52Doo:
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(5) Street improvements be made and street signs or
$1gnais he provided whe14 Ute dEveIUpuitE at isrid'ta crczte ur
intensify a traffic hazard;
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(6) Transit stops, bus turnout lanes and shelters be
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transit ridership;
2 (7) Parkino cnarpc hp cat qci{ta and marL•a`i fnr rare
operated by disabled persons and that the spaces be located as "� t
close as possible to the entrance designated for disabled
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persons; and
(8) Land be dedicated to implement the � �
bicycle/pedestrian corridor in accordance with the adopted _ s
plan."
City Council Fmdings: The site abuts SW 72nd Avenue,a dedicated street. The
applicant has agreed to dedicate additional right-of--way for SW 72nd Avenue and to participate
in a local improvement district for improvements to SW 72nd Avenue.
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13. Locational Criteria,TCP Policy 12.2.1: s
a "The City shall:
(1) Provide for commercial development based on the � -
type of use,its size and required trade area. lea ff
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(2) Apply all applicable plan policies :T
(3) Apply the appropriate location criteria applicable f
to the scale of the project." '
"General Commercial.
General Commercial areas are intended to provide forAt,
major retail goods and services. The uses classified as Generale
Commercial may involve drive-in services,large space users,a �.
combination of retail,service,wholesale and retail services or r ks
` provide services to the traveling public. The uses range from ' x �
automobile repair and services, client equipment storage,
vehicle sales, drive-in restaurants to laundry establishments. rR X27.
ATTACHMENT A 30 of 40 PDXIA-26171.1 23462-0002
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14, It is intended that these uses be adjacent to an arterial or
*£ _ maior collector street."
City Council Findings: This site is located on a major collector street.
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"(2) Locational Criteria Nom!r rw
1 "(a) Spacing and Location r{ � t
(i) The commercial area is not surrounded by
r,+ residential districts on more than two sides."
City Council Findings: This policy is intended to prevent the encroachment of
6ommerriai areae into rrsirirntial am . This site is adjacent to a residential district on only its
north side. This policy is satisfied.
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• "(b) Access f _
(i) The proposed areas or expansion of an ,a
existing areas shall not create traffic congestion or a traffic Y
safety problem. Such a determination shall be based on street
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_ capacity, existing and projected traffic volumes, the speed
limit,number of turning movement and the traffic generating ? x
characteristics of the various types of users." `
City Council Findings: The introduction to the"locational criteria" provides: psi
"It is intended that these locational criteria be construed
in a flexible manner, in the interes< of accommodating
proposals which, though not strictly in conformance with the
applicable criteria, are found to be in the public interest and
capable of harmonious integration into the community. The �� � .
burden of proving conformance of this proposal to they
Comprehensive Plan should vary with the degree of change and I
impact on the community:The more drastic the change and the fi
greater the impact, the more strictly the criteria should be
construed."
The City Council finds that this application is not a drastic change because thea $
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ATTACHMENT A 31 of 40 w `q}
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ti$ potential traffic impacts from a C-G map designation was recognized through land use,
transportation and public facility policies included in the original TCP. Therefore, consistent
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.� with this language, it will interpret the locational criteria in a flexible wawlcl. I "
° x With respect to locational criteria (B)(2)(a), the City Council finds that the
1 proposal will not create traffic congestion or a traffic safety problem in either the short term or
the long term. First,regardless of what the City Council does on this application, without area
j transportation improvements, area streets will be at unacceptable levels of service. The City ;
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Council finds that this proposal will, in fact, improve the level of service by encouraging x *LE
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improvements to Southwest 72nd Avenue at this location. Further, the City has committed to
making necessary transportation improvements in this area. Finally, because of the trafficM.
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generation differences between a community shopping center and an office, this proposal will
have less adverse impact on traffic congestion and traffic safety than will the existing ;y
designation. { "
This access policy imposes two separate requirements. First, the proposed
commercial area access must not create traffic congestion. Secondly,the proposed commercial
x �
area access must not create a traffic safety problem.
The proposed commercial area will not create additional traffic congestion or
increase traffic safety problems beyond the current designation. As demonstrated in the ' ��
� 5
transportation study,area streets will be at LOS "F" without improvements to SW 72nd Avenue
and even if this application is denied. Moreover,this proposal creates the same or fewer traffic
impacts than would an office development on this site. Development of this site with appropriate Y
traffic improvements will reduce traffic congestion because of street improvements.
ATTACHMENT A 32 of 40 PDXIA-26171.1 23452-wo2
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The.TCP, Volume I, "Resource Document," defines congestion as follows: g
"Congestion,as defined for the purposes of this study,
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#, is considered to be:
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a level or service"D"or worse; ••€` £ '
"(b) An unsignalized intersection which meets
signal warrants as specified by the Manual on Uniform
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Traffic Control Devices("biUTCD");and -
"(c) A section of roadway which exceeds 1,200
vehicles per hour during the peak hour." Volume 1 at i
page I-241. t
The performance criteria for principal and arterial routes during the peak hour is t
LOS "D" and "E". Volume 1 at page I-225. Table 7 of the transportation study shows that z
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development of the site for a commercial retail center,with improvements recommended by the ' s
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DKS traffic study, will result in LOS "D" or better on eight area intersections. 4
The application will not create or increase a traffic safety problem. Development ,
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of the site will result in access points which are aligned with Gonzaga and Hampton Streets on f ,
the west side of SW 72nd Avenue. The Tigard Police Department reports five accidents per
month at SW 72nd Avenue and Highway 217. With the improvements to SW 72nd Avenue, the
City Council finds that traffic safety wilt be improved and the risk of traffic accidents reduced.
t '
• "(ii) The site shall have a direct access from a major "1
collector or arterial street."
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x City Council Findings: The site has direct access to a major collector street.
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• "(iii) Site Characteristics R
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(a) The site shall be of a size which can x"
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i> accommodate present and projected uses." s
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City Council Findines: The site is large enough to accommodate a minimum , ,
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' • "(b)The site shall have high visibilitv." M�
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Cid Council Findings: This site is highly visible from State Highway 217 and
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SW 72nd Avenue. x �x ' t
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k • "(c) Public transportation shall be available to the site
or general area."
City Council Findines: Tri-Met provides service along SW 72nd Avenue via bus di ,*,
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1 lines 38 and 78.
• "(iv) Impact Assessment R
a
"(a) The scale of the project shall be �
compatible with the surrounding uses." ' a
City_Council Findines: This site is intended to provide a community shopping .N
x center for Triangle residents and residents in areas to the south and east. The center's mixture
_ of stores will allow residents to meet their shopping needs while reducing travel distance.
The applicant has not finalized a site design for this site. However, the site
4 design will be compatible with the adjacent residential area and will contain less commercial
n other nearby commercial centers.
square footage tha
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• "(b) The site configuration and characteristics shall be
such that the privacy of adjacent non-commercial uses can be
21,
maintained."
City Council Findings: The privacy of residential uses will be unaffected by this .�a
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development. The site's configuration dictates that the center's orientation will be towards State
� Highway 217 and away from the adjacent residential area to the north.
fir# a" ATTACHMENT A 34 of 40 PDXIA-26171.1 23452-OW2
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"(c) It shall be possible to mwrpo. to the unique site
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City Council Findings: The site contains no unique features. h
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„/.tt The n `iut u lin{+rc,ne:c�n?nrl a('tlVitleS Shall not
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w interfere with adjoining non-residential uses." c>*�
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E' x Ciri Council Findings: Lights, noise and outdoor activities on the site can be
t minimized. On site lighting can be liinited to security, parking and signage purposes. Lighting
'y can be designed to face away from the residential area.
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} No outdoor storage or retail uses are proposed.
Retail delivery hours can be controlled to minimize conflicts with the residential
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area.
C. OAR CHAPTER 660,DIVISION 12(THE 1xArjS wMT:TION PLANNING
RULE)
r 1. OAR 660-12-060. r
This state administrative rule applies to amendments to comprehensive plans, "
3 functional plans and land use regulations. OAR 660-12-060(1). The rule is applicable to this ' ,
application because it requests a comprehensive plan map amendment. k *s
OAR 660-12-060(1)and(2)provides as follows:
"(1) Amendments to comprehensive plans,functional 9r
plans and land use regulations which significantly affect a �-
transportation facility shall assure that allowed land uses are g'
consistent with the identified function, capacity and level of
service of the facility. This shall be accomplished by either: x
,
"(a) limiting allowed land uses to be consistent3 �
with the plan functions, capacity and level of service of rof �
the transportation facility; rr
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L ATTACHMENT A 35 of 40 PDXIA-2617LI 2ru2-OW2 � a
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m� Plan] to provide transportation facilities adequate to
S --ps consistent with the
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��. .'cyatirentents of this division;
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�» design requirements to reduce demand for automobile ' ,#
travel and meet travel needs through other modes.
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I (2) A land use regulation amendment facility if it
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"(a) changes the functional classification of an
existing or planned transportation facility,
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z "(b) changes a standard implementing a �t
functional classification system;
j "(c) allows types or levels of land uses which
would result in levels of travel or access which are �.
`i inconsistent with the functional classification of a ,r'
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transportation facility;or
"(_) he level of -,exv:ee nr the > 7 T
tl WOUlO reu'iiic the
# facility below the minimum a acceptable level identified r w �
in TSP."
City Council Findings: State Highway 217 is designated as an Arterial and SW
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72nd Avenue is designated as a Major Collector. The City does not have an adopted lx -
transportation system plan. The Oregon Department of Transportation("ODOT")has a highway 1
plan. .
<k: This application does not propose to change the functional classification of a � �
transportation ucility or a standard implementing that functional classification system. OAR2
xr
660-12-060(2)(a)and(b). The application will allow a type of land use with levels of travelx
and access that are consistent with the function of an Arterial and a Major Collector. OAR 660- z3 '
"3
r 12-060(2)(c).
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The TCP states that the function of an Arterial is to accommodate trips from one 3 ,$
r_n.r+_mum to another. Figure 6A of the transportation analysis shows that the majority of trips
to and from this site will use SW 72nd Avenue and not State Highway 217. The majority of �
U,cna ::;re,y;tt also use Hampton Street, which is designated as a Major Collector. Thus,the f,
application win have little impact on the state highway facility. 6 .
x< j The proposal's impact on City streets is consistent with the TCP's description ofRE
a Major Collector,which is to provide traffic connections between neighborhoods and arterialsrr
and to provide connections within the area to major activity centers such as this. With the kir,
r } transportation improvements identified in the DKS study,this proposal will not have a significant
impact on local streets because it will not result in a reduction of the level of service of the
facility below the minimum acceptable level identified in the TCP.
—� OAR 660-12-060(3) requires that if an application significantly affects a
transportation facility,the significant affect can be mitigated in one of three ways. One way is t
to amend the TSP to provide transportation facilities adequate to support the proposed land use. r
x
The City's DKS Tigard Triangle traffic study has identified the transportation improvements
necessary to serve transportation needs in the Tigard Triangle. This application can satisfy the
TPR contingent upon the City's amendment of its transportation plan. The City can amend the 3
Triangle street designations as necessary to support this application. d
The City Council finds that this application will not significantly affect the �� v
transportation facility for two reasons. First, this application itself will not "reduce the level of ;
service of the facility below the minimum acceptable level identified in the TSP.” OAR 660-12-
it
060(2)(d). This part of the transportation planning rule focuses on whether a particular y4.
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ATTACHMENT A 37 of 40
� PDXIA•26171.1 23.152-0002
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Comprehensive Plan Map amendment reduces the level of service below the minimum acceptable F
level. The City does not yet have a TSP nor is it required to have one adopted until May 8,
1997. OAR 660-12-055(1). However, assuming for the purposes of discussion, that levels of 1,
r
service identified in the record would exceed those identified as the minimum acceptable level r
in a to be adonted TSP, this application itself will not reduce the level of service on t
transportation facilities below minimum acceptable levels. The City Council finds that the
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evidence demonstrates that even without this application, levels of service will deteriorate and
NI
be below minimum acceptable levels. The City Council finds this application, in fact, improves
levels of service on area roads for the reasons described elsewhere in these findings.
Moreover,even if this application did significantly affect a transportation facility,
the findings deml that the allowed land use will be consistent with the identified function,
capacity and level of service of the affected facility because the City has acknowledged its intentWe
IN
to amend (by adopting) its TSP to provide transportation facilities adequate to support the " >ti proposed land use system with the requirement of the Transportation Planning Rule. OAR 660-
-
12-060(1)(b). The Transportation Planning Rule does not require concurrent amendments and r
the statements in the record, which function as conditions of approval, are sufficient to x
} demonstrate that the City will adopt a TSP that will result in acceptable levels of service. The
r;
holding in Davenport v.City,of Tigard means that the TSP adoption need not be concurrent with
. t '
this application in order to satisfy OAR 660-12-060(1)(b). r
The City has coordinated its determination under OAR 660-12-060(1)(2), pursuant
to OAR 660-12-060(3),with the Oregon Department of Transportation, Region 1. Community
Development staff and the applicant's attorney testified before the City Council on February 27,
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ATTACHMENT A 38 of 40
PDXIA-26171.1 23452-0002 �..'
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s 1996 that the Oregon Department of Transportation appeared to be satisfied with the .Y 7
" commitments trade by the City and acknowledged by City Council as the future Tigard Triangle
z planning and transportation improvement effort. r1 2
The City can conclude that the application satisfies OAR 660-12-060. ,E "
2. OAR 660-12-055(3). ka
OAR 660-12-U55(3)provides ab
V
"Within two years of adoption of this rule,affected cities
and counties shall, for urban areas of 25,000 or more, adopt t
a land use and subdivision ordinances or amendments by 660-12-
045(3), (4)(a)-(4 and(5)(d).
01i Council Findings: This part of the administrative tole requires the City to '
'FA a
have amended its land use and subdivision ordinances to implement OAR 660-12-045(3),
(4)(a)-(f) and 5(d) by May 8,1994. The City has met this deadline except for OAR 660-12- ;z
s s a 46"WA.-u
045(4)(b). This section requires connections between new retail uses and transit stops. ORS
R
197.646(3) and OAR 660-12-055(3) provide that an administrative rule becomes directly
h � r
applicable to land use decisions when the rule's deadline is not met. OAR 660-12-045(4)(b)is (rte
directly applicable to this decision. Cqz,
u OAR 660-12-045(b)requires that new retail buildings near major transit stops provideq
for convenient pedestrian access to transit. This rule is inapplicable to this application because 4 :
the application does not request site design approval. Nevertheless, this site can meet the rule
or an implementing ordinance. The commercial retail center can be oriented to a transit stop � �g�;
on SW 72nd Avenue.
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< ATTACHMENT A 39 of 40 PDXIA.6171.1 23452-CM2 � s
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D. TCDC CHAPTER 18.62, "GENERAL COMMERCIAL" DISTRICT
^m The site meets the applicable requirements of TCDC Chapter 18.62, "General t K W
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Commercial District." TCDC Chapter 18.62 establishes the following requirements for the C-G
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41
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zoning district: ,
a. Permitted Use. A retail use is a permitted use in the C-G district. See
TCDC 18.62.030(A)(2)(1), "General Retail Sales." � M
i b, Minimum Lot Area. The C-G district does not require a mit»mum lot VA
"
area. TCDC 18.62.050(A)(1). �
C. Minimum Average Lot Width. The required average minimum lot width
is 50 feet. TCDC 18.62.050(A)(2). This site exceeds the average minimum lot width. t '
d. Other Dimensional Requirements. Development on this site will comply 'z
with the dimensional requirements of the C-G district including setbacks, a 45-foot
i maximum height, a maximum 85 percent site coverage, including all buildings and
g P 8 8 8
impervious surfaces and a minimum 15% landscaping requirement. TCDC
18.62.050(A)(3)-(6). Compliance with these requirements will be assured through the F
4
site development review process in TCDC Chapter 18.80. :
V. CONCLUSION
The City Council finds that this application satisfies the applicable criteria for a � `
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comprehensive plan map amendment.
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ATTACHMENT A 40 of 40 PDXiA.26171.1 zassz oarz
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