Resolution No. 86-130 CITY OF TIGARD, OREGON
RESOLUTION NO. 86-_/-
A
6-_A FINAL. ORDER IN THE MATTER OF' THE APPLICATION FOR A COMPREHENSIVE PLAN
AMENDMENT (CPA 9-86) AND ZONE CHANGE (ZC 17-86) REQUESTED 8Y UNITED FIRST
FEDERAL SAVINGS, DENYING THE APPLICATION, ENTERING FINDINGS AND CONCLUSIONS.
WHEREAS, the applicants requested a Comprehensive Plan Amendment from Light
Industrial to Commercial General and a Zone Change from I-P (Industrial Park)
to C-G (Commercial General); and
WHEREAS, the Planning Commission heard the above application at its Regular
meeting of October 7, 1986 and recommended denial, based upon staff findings,
and
WHEREAS, the Tigard City Council heard the above application at its regular
meeting of November 3, 1986.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The proposal is not consistent with all relevant criteria
discussed in the October 7, 1986 Planning staff report to
Planning Commission (Exhibit "A").
Section 2: The City Council upholds the Planning Commission's recommendation
for denial of the Comprehensive Plan Land Use Map and Zoning Map
/ Amendment as set forth in Exhibit "B" (map).
Section 3: The Council, therefore ORDERS that the above referenced request
be, and the same hereby is, DENIED. The Council FURTHER ORDERS
that the Planning Director and the City Recorder send a copy of
the Final Order as a Notice of Final decision to the parties in
this case.
PASSED: This day of 1986.
Mayor City of Tigard
v"
ATTEST:
cting City Recorder - City of Tigard
KSL:bs212
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RESOLUTION NO. 86- l,30
Page 1
z=
STAFF REPORT AGENDA ITEM 5.2
OCTOBER 7, 1986 - 7:30 P.M.
TIGARD PLANNING COMMISSION
TIGARD CITY HALL - TOWN HALL j5x4 p ser A.,
13125 SW HALL BLVD.
TIGARD, OREGON 97223
A. FACTS
1. General Information �✓
CASE: Comprehensive Plan Amendment CPA�86
Zone Change ZC 16-66 J"
REQUEST: Plan amendment from Light Industrial to Commercial GeinQral
and a zone change from I-P (Industrial Park) to C-G
(Commercial General)
APPLICANT: Bullier & Bullier Realtors OWNER: United 1st Federal Svgs
707 SW Washington Street Box 2268
Portland, OR 97205 Boise, ID 83701
LOCATION: 15995 Sw 72nd Avenue (WCTM 2S1 12DC, Tax Lot 700, 701)
2. Background Information
The property was formerly occupied by Connie's Market and prior to the
final revisions of the Comprehensive Plan. in 1983, it was zoned
Commercial Neighborhood. During the Comprehensive Plan hearings, the
owner requested a C-P (Commeacial Professional) zone designation, but
after discussion of the possible options available, the I-P (Industrial
Park) designation was agreed upon by all concerned.
In 1984, a 27,350 square foot building was constructed on the site
featuring a ,parking lot containing approximately 86 spaces and two
driveway entrances onto 72nd Avenue. The property owner was aware of
the industrial designation and the limitation on commercial use of' the
property at the time of site development review. Based upon the
assumption that the center would contain a small convenience store and
deli (not to exceed 20% of the total square footage) with the rveftinder
dedicated to office uses, the center could most, but not exceed the
City's parking requirements.
3. Vicinity Information
The subject property is surrounded by land zoned I-L (Light Industrial)
with the exception of one smaller parcel Socated immediately to the
southeast which is also zoned I-P. As noted in the applik.;ant's report.
If a significant amount of industrial development has eccurread.
I particularly to the south of the property. Upper Boones Farry Rood and
72nd Avenue, which are an artarisal and major collector respectively.
F abut the east and southeast borders of the property.
STAFF REPORT - CPA 8--86 & ZC 16-86 PAGE t
4. Site Information and Proposal Description
The site is presently developed but the majority of the project is not
leased. The applicant proposes to rezone the property to C-G to allow
for a larger proportion of the site to be devoted to retail activities.
5. Agency and NPO Comments
The Engineering Division has no objection to the request provided that
one driveway is provided as recommended in the traffic study. This
driveway must be aligned with the existing driveway on the east side of
72nd Avenue. A street opening permit will be required.
The Building Division has no object to the proposal.
The State highway Division relayed the same statement as the Engineering
Division. In addition, it was noted that upon development of the
property to the north, a driveway from this project will form a four way
intersection with Upper Boones Ferry Road and 72nd Avenue. It is
recommended that joint access be provided allowing this property to have
access to the signal via the northern parcel.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS
The relQvant criteria in this case are Tigard Comprehensive Plan
Policies 2.1.1, 5.1.1, 7.1.2, 7.6.1, 8.1.1, 9.1.3, the Locational
Criteria for commercial development `Secti,�na 12.2), and Section
18.22.040 of the Community Development Cod®. Since the Tigard
Comprehensive Plan has recently been acknowledged by LCDC, it is no
longer necessary to address the Statewide Planning Goals.
The Planning staff has determined that the proposal is only partially
consistent with the relevant portions of the Comprehensive Plan based
upon the findings noted below:
1. Policy 2.1.1 is satisfied bacmuse the Neighborhood Planning
Organization and surrounding property owners were given notice of
the hearing and mn opportunity to comment on the applicant's
proposal.
2. Policy 5.1.1 is not satisfied becsuse this proposal will not
enhance the economic diversity of the Tigard area. The subject
property is located within the primary industrial area in the City
which includes an area from Sandberg Ro:d to the southern City
limits and from I-5 to Fanno Creek. This area is important
because there is no other land within the City limits or the Urban
Growth Boundary that is as well suited for industrial activity
from thm standpoint of parcel sizes, terrain, transportation
facilities, and compatibility with surrounding uses.
STAFF REPORT -- CPA 8-96 & ZC 15-86 - PAGE 2
The City contains significant amounts of developed and undeveloped
commercial land, but more importantly, the potential exists for
rezoning additional land for commercial use as the need arises.
The City will not have the same degree of flexibility with
industrial land if more is needed in the future. The reduction
of industrial land will act to diminish the diversity of economic
opportunities to Tigard residents primarily because it will be
extremely difficult to replace.
3. Policies 7.1.2 and 7.6.1 are satisfied because adequate service
capacity for public water, sanitary sewer, storm sewer, and fire
protection exist.
4. Policies 8.1.1 and 8.1.3 can be satisfied if the recommendations
made in the applicant's traffic report are implemented. This
report has been reviewed by the Engineering and State highway
Divisions and no objections were raised. Along with combining the
two driveways into one, the State recommendation for a joint
access agreement with the property to the north should be
considered.
S. The Locational Criteria contained in Section 12.2 of the Plan are
partially met for the reasons below:
a. The proposed commercial zone will not abut any residential
development.
b. With the recommended change for the existing driveways, the
(' applicant's traffic study has shown that the increase in
traffic generation will not have an adverse impact upon 72nd
Avenue or Upper Boones Ferry Road.
C. Direct access to an arterial and major collector street is
available. .
d. Public transportation is provided by Tri-filet.
e. The site should be capable of accommodating aristing and
projected uses. When the center was constructed, the
parking requirement was calculated based upon a small dmli
and convenience store (with a limit of 20% of the total
square footage) with the remainder assumed 40 be office
space. Given this assumption, the center met but did not
exceed City parking standards.
If the zone is changed to C-G, there is at greater likelihood
of having tenants, such as a restaurant, that will causo the
center to violate the parking requirements. The site might
be redesigned to create a few more spaces, but this would
appear to be difficult.
f. The site will have high visibility being located at the
r Intersection of Upper Boonos Ferry Road and 72nd Avenue.
E.
i
t
STAFF REPORT- CPA 8-86 ZC 16-86 - PAGE 3
t
g. The physical improvements on the site will not change and
therefore thero scale properties compatibility
lunaffectedhiproject
cin this regard.
surrounding p Pe
One compatibility issue that will aPPect adjacent properties
is related to the landscaping and buffering requirements
found in Chapter 18.100 of the Community Development Code.
When industrially zoned projects abut one another, no
setback or buffering is required but when the C--G and I-1 or
I_p zones are adjacent, at 10 foot wide landscaped buffer is
required fortoth the on the subject iproperrtyl and idoestrial not meet
The developmen
standard and any development or redevelopment an adjacent
industrial parcels will be expected to comply as well.
h. The remaining criteria regarding privacy and incorporation
of unique site features are not relevant in this case.
Section 18.22.040 states that decisions of this type should be
consistent with Plan policies and State applicable Community 0^vaiopmant
Code provisions and that there has been a change in circumstances or a
mistake was made relating to the designation of the property. The
proposal does not eom®ly with all of the applicable Plan and Code
criteria as noted above. Also, the applicant's contend that the
development which hasoccurred represents a change in circumstances.
The staff concludes that no change is Evident other than development
which was anticipated by the Comprehensive Plan.
C. REcoMMENDATION
Sased upon the above findings and conclusions, the Planning staff
recommends denial of CPA 9-86 and ZC 17-$6.
PREPARED BY. Keith Lidera APPROVED BY,. William A. ivonahan
Senior Planner Director of Community
Development
(KSL:bsis9)
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STAFF REPORT - CPA 8-86 is ZC 16-96 - PAGE 4
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