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Resolution No. 88-81 CIIY of 7I.GARD, OREGON RES01 UI ION NO. 88 IN -fiU MA-1IER Of ?HL.. HDOP-IION Of A FINF-L. ORDER UPON C.L!Y COUNCI.t. RLVI:LW Of, AN APPEAL. OF A HEAR I.NGS OFV lt:FR APPRuVAL. OF A GOND II ZONAL- USE ((:U t$1 03) AND MINOR LAND PARA l.-t:1ON (MLP 87-09) REQLIL.S-FL.D I;Y ROBERI WYA'f-1 (IL:XACO). WHEREAS, this matter- came bofore the City Council at. itis meeting of July 25, 1988, upon the filing of an .aPPQa1 by the applicant and NPO N3 on a Hearings Officer approval of a Conditional Use and Minor Land Par-tition subject to conditions; and WHERLAS, the City Council had before it the: 1) site map; 2) Hearings Office, decision; 3) cupi•*s of appeals from Texaco, NPO ##3, CPO #4; 1) t_iden ,iomo summarizing mediation meeting; 5) Wooley memo addressing -:trevt improvement issues including recommended amendments to conditiuns 3 and 4 of the Hearings Officer decision; and 6) transcripts from the Hearings Officer hearings of March 24, 1988, May 18, 1988, and May 25, 1988. Supplemental items also included were: 1) applicant's statement and traffic study; 2) staff report to Hea.- nffic—: ti community traffic study; 4) applicant response to neighborhood traffic concerns; and 5) letters dated September, 29, 1987, and March 10, 1988 from the Oregon Department of Tr-ansportation. WHEREAS, biased on the record in this case, the. City Council makes the following findings of fact: PROPERTY DESCRIPTION: Tax lot 1100. Map 2::1, LOAC, City of Tigard, County of Washington, State of Oregon. PUBLIC HEARING_i: Public. Hearings: March 24, 1988, May 1R, 1988, and May 25, 1988. HISTORY: The property was originally developed for use as a restaurant and in 1985 than City approved a car sales businoss. This use has been abandoned. Vic init Irrfornlat ion The property .is located at the southwest curner of pacific Highway and Bull Mountain Road. Pacific Highway is an arterial street which is under the jurisdiction of the.: State Highway Division and Bull. Mountain. Road is a major cool ector• and is a Washington County thoroughfare. A frontage road, under State jurisdiction, which runs between Bull Mountain Road and Beef Bend Road lies between the subject property and Pacific Highway. A vacant property ._.a to a west z. .ori C_..P (Commercial lae�ace�. 4., th., ,,,.uth a� ...�,.. .s ,...�r.._. _ _rc 3a1 Professional) and Christ the King Church which is local-'d on the north side of Bull Mountain Road is zoned C-G. RESSOL.UTION NO. 88- 1P Page 1 Sate Information Past use of the property has len. a paved parking area arid a building which was formerly a restaurant, located on the west side of the subject property. - Ther'e i.. presently one drivoway entr•anc.e, onto Bull Mountain Road and one additional entrance on the frontage road. The minor land partition portion of the application would place the devel.opiny portion on a separate lot from the pr-oposod use. The applicant plans to divide the pr,uperty into two parcels of 38,468 aril 28,512 square foot each. Ttre existing bu=.lcding would be located on the smaller- western parcel and the proposed vehicle fuel sales, convenience mart and car wash would be located on the lamer pal-cel. The proposed site plan includes two driveway entrances onto Bull. Mountain Road arid one dr-ivoway entrance on the frontage read. The convenience mart arid gas station would be located in the northern portion -if the: property with the car- wash to the south. Landscapirry, including deciduous trees and low lying vegetation would be located around the per-iir;et.er• of the new project. The applicant is also proposing to locate one fr-*e­st:anding sign of an unspecified height, w4,ictt exceeds 80 square feet per side, at the: northeast corner of the property. App icable Plan Policies and Urdinanct? Provisions Policv 2.1.1 _.. This poli , _atisfied _.. that the Cit,, has provided - -er- public notice to the -uV1r0unding property owners andto the neighborhood planning organization responsible for this area. In addition, the applicants have met with the neighbors to discuss the proposed applications. Policy 4.2.1 - The proposal willrequire domostic water, service fr'our the Tiyar-d Water District 3tor11i water r-un--off from the proper-t:y would b, pumped into the Bull. Mcuntaitr system by alreemont of the applicant, with no discharye into the King City system. There are no wetlands on the site. The City of Tigard has sole jurisdiction over water' use and discharge from this site. Policy 5.1.4 -- The property to the south and west of the proposal is zoned Professional Commercial; the property to the north of the proposal is zoned General Commercial; the property to the east of the proposal is zoned R--4 and is designated low density residential. while this property is technically adjacent to the proposed site, it is actually separated from the proposal by Highway 44 and is approximately 220 feet from the proposal. Policy 6.6.1 The proposal plans a landscaping zone along the frontage of the property on Bull Mountain Road of 12 feet: in width and along the fr-on age' r-^ad to be vacated that varies between 7'6" arid 12' .in width. The car, wash willbe screened along the property line and onsite. trash will be enclosed, as will all storage. -lacy .2 The -site ..c J , -' «d with 12 wat. , Al' ..,f� the. ?' -r-d t>r-' _ District in the vicinity ofthefrontage road and an B" line in'Bull Mountain Road. An 8" sewer line and manhole is located in Bull Mountain Road w=thin 106 feet of the property line, with adequate capacity. Storm drainage has been addr-es!,ed above, by agreemerrL of the applicant. d. RESOLUTION NO. 88- Page 2 Policy 7.2.1 -- Storm drainage has been addressed above, by of the applicant. Thore ar'e no natural drainage ways to be maintained on the property. there is no 100 year flcrodplain elevation or. the Err'operty. -ihe:r, is minimal erosion on the site. Policy 7.5.1, 7.5.2 - -1 he proposal is within Lli,;trict No. 3 of the 1igar'd poli':-; Service arca, 'or d the police department anticipates no difficulty in serving the proposal. Policy 7.G.1 -- A fire hydrantis conruacted to the 8" water main in Buil M-unin-A—iRo'Ad a+ N" ����at.�iy 47' east of the proper-ty line. A fir• st;at:io+c is located appeoximately one mile south of tho site. Response time is esLim•.+ted 2-3 minutes, which is below the standard response time of 5 minutes. The fire depart:merithas indicated that. its fac:ili.ties are adcetuat, to provide fullfire protection to the proposal. Policy 7.7.1 -- Electrical service to the site is currently 400 an:p service with 120--240, three phase service. PGE has indicated that electrical service is adequate for the proposal. GTE has indicated that telephone service i+; available to the site for the proposal. NW Natural Gas has a 4--1/2" main in Bull Mountain Roped, with adequate capacity to serve the Proposal . Policy 8.1.1, 8.1.2, 8.1.3 - These policies provide that the City shall plan for a safe and efficient street arid roadway system that meets current needs and anticipated future growth and development. i-he e-:iiy is required to provide for the efficient management of the transportation planning process, through coordination with federal, state, regional and local jurisdictions. All parties to this hearing ariree that tine intersection of the: frontage road and Bull Mountain Road make the area in the vicinity of this proposal .. Particularly dangerous. All parties agree: that the State of Oregon plans to close the northern portion of frontage road when it develops a new access from Highway 99W to Canterbury Square but; no specific, guaranteed plans are pre s'�nt:ly av ilab le. The partilts a_3r e- , awhe „ , pr- , al should be approved with just. the closure of the sough frontage ro.:ad befu,s r`e the problem of the north frontage road and the convenience of those attempting to reach Canterbury Square from the south can be: addressed. All parties agree that the level of service at portions of the intersection of Bull Mountain Road and Highway 99W is intolerably low (an level). However, the level of service is directly related to the cycle time of the traffic sicunal at LOghway 99W and Bull Mountain Road. The State Highway Department has the sole authority to change the timing on that cycle to shorten it and make waits at that intersection less than their present 140 seconds. The applicant has requested such re-cycling or the signal, but there was no response from the State when the record was closed. The Bull Mountain Road queue presently clears within the 30 seconds allotted to its movements. if the cycle time at this intersection was reduced, the queue would be shorter and clearance should continue to be no problem, even if tfne proposal is allowed. line opponents argued that: the traffic counts for the area were too low. For purposes of this decision, the City Council adopted the counts as generated by the opponents. The applicant argued that the intersection had adequate capacity, even if you accepted the higher traffic counts as accurate. Unless the State Highway Department- decides to change the cycle times at this intersection, the residents in the area will continue to s experience uncomfortable delays, regardless of whether this application, or - another, is approved for the site. RESOEU"fiON NO. 88--_5�L__ Page 3 The applicant admits that approximately 16,000 cars will use the proposed facility each month; thoy base this on a trip generation field study dune at a similar facility in Por'Lland and published information from the., -f:rip-Genor�al- Manual (Fourth Edition). The Opponents argue that the comparisun is not valid as only one other station was studied. The City Council. fi.rid s that the comparison is a sound one. The opponents argue that: the prujected growth for the arca indicates a ten—fold increase in the next 15-20 y+car's, with a corresponding increase in the background traffic which w-'11 use Bull Mountain Road. The applicant points out that their rapacity calculations includ,�d a consideration of thu population growth projections developed and maintained by Metro, which projects Z5 percent increase in background Lrrafffic volumes on Bull Mountain Road by the year 201.x. The City Council finds that the Met:r'o growth projections have had a definite Lendency to underestimate the gr-owLh rate for- the Tigard area. The opponents point out. that th,a original traffic report incorrectly considered the stopping sight distance in determining whether the proposed accesses to Bull Mountain Road from the site could be hazardous, particularly to Lr<affic coming down Bull Mountain Road. 1-he applicant's traffic engineer conceded the incorrect reference, bit pointed out th1ki; the actual analysis was done for intr- - "tion h - mist-,. ce r'_ �aL tot st _i,rtg distance n � ` requiremets. Ung theformula of 10 times theJ83,Lh pe Centile appy tach speed of oncoming vehicles, the only evidence in the record shows that Lhis standard is exceeded under both current and proposed future site condii.ions. The opponents expressed serious concerns about foot traffic on Bull Mountain Road, particularly new foot. traffic that would btu attracted by the proposed use. The applicant will be roquirod t— install sidewalks alornT Lho site frontage from the westerrmiust point of the site. If additional foot traffic is generated west of the sit:®, it should not conflict with the additional cars turning into the site, which will approach frum the e.a't. Until all. of Bul. Mountain Road is redeveloped to the major collector standard, with curbs, sidewalks and an area for biking, foot traffic, will continue to be at risk on this road. The opponents- expressed concern relating to the additional hazard presented by the necessary fuel deliveries to the site. The proposed use will not generate transit ridership. The proposal includes spaces for handicapped parking as weil as the other required handicapped facilities. Policy 9.1 1 -- The best evidence in thereccrd rid r cotes that only 5 erc-nt of the trips to the proposed use wouldbe "new" ytrips to the area and 94 percent would be trips would be from traffic already in the area; the additional energy consumption associated with this use would be minimal. Policy 12.2.1 -- The property is zoned General Commercial which is ir,terded to provide for major retail goods and services. The uses may involve auto repair and services, supply and equipment- stores, vehicle sales, drive--in restaurants, etc. Due to the nature of these uses (high traffic generators), they are to be located next to a major collector street or arterial. as noted above, Bull Mountain Road is designated a major collector street. RESOLUTION NO. Ba—It Page 4 Locational criteria -- As noted above, the proposed site is not bounded by residential districts on more than two sides. The traffic congestion and safety problems associated with the proposal art addressed above. The site is sufficiently large to accommodate the use .grid has the r,equir,-d high visibility. -The proposal is consistentwith any development which might occur, on adjacent property zoned retail and/or office commercial and there are no adjacent non--commercial uses to this property, as noted above. Code I—etion 18.62.050 -- No minimum lot aro<A is requirc_d and the proposal exceeds the minimum lot width of 50 ftiet by 6 feet. T-he proposal moots the setback requirements with the closest building structure to the side property line being 42 feet. The prcposal is well under, the height limitation of 45 feet, at 18 feet, 11 inches at Lhe highest point. The proposal covers 84.6 percent'. of the site, which is below the maximum standard of 65 percent coverage. The proposal includes 15.4 percent of the Area in tar.dscapireg, which exceeds the standard of 15 percent. Code Section 18.100.020 - The proposed landscaping would not int^rf'>re with the maintenance of any utilities on or off site and would not impair the visibility of traffic on either Hull Mountain Road or Highway 99. Code Section 18.102 -- No str-uctu;-es _n the proposal ar-e within the vision clearance areas. Code Section 18.106 - The proposal meets the parking requirements of the code with three vehicles for each yas pump and four parkin:3 spaces dedicated to just the convenience mart. ,�. Code Section 16.108 -- The access standards of the code are met by the proposal, and the joint access requirements for• adjacent land would be mt4t by the conditi.or.s of approval set forth below. Code Section 18,114 - A sign permit is required by the City beforca any sign may be erected. If the proposal includes a sign which exceeds the code standard, the applicant would have to apply for• a separate hearing on that part of the proposal. Code Sections 18.1'0 and 18.162 - The criteria of these sections have been satisfied as the proposal of the applicant has been amended to satisfy the setback requireirent ., the building front yard, and as earlier conditioned to require additional t;hide storage to avoid congestion at the driveways or on Pull Mountain Road. The City Council al— makes the following conclusions of la%w: .. The Comprohensive plan and Code requirements of Policies 2. 1.1, 4.2,1, 5.1.4, 6.6.1, 7.1.2, 7.2.1, 7.4.4, 7.5.1. ✓.5.2, 7.6. 1 77-1, 9.1.1, 12.2.2, and Code Sections 18.62.050, 18.100.120, 18.i62, 18.206, 18.108, 18.114, 18.130, and 18.1.62 have been met. l RESOLUTION NO. 88-5t Page 5 i 7. the Comprehensive Plan policies of Pulicies 8,1.1, 8.1.?, Arid 8.1..3 have been addressed by Lhe applicant, Arid as conditioned below, have been satisfied. lhere was wider-spread sentimentthat. this property should not be zoned General Commercial, but no application for- re--zoning, or, re designation by the Comprehensive Plan is before the City Council. As `'- a General Commercial zoic:, the uses contemplated include high traffic uses. the City Council notes that the only reason the proposed use requires a conditional use hearing is Lo address the issue of fuel storage in this area. The ciiy Council heard no concerns from opponents on this point; generally, the opponents were most concerned about the traffic impact (includW" trucks) this use might have on t:he, area. The City has not imposed a moratorium on development of this area until the traffic problems created by the intersection of the frontage road and Dull Mountain Road have been romedied. However, the City Council must consider whether, the proposal is consistent: with the intent of the Comprehensive Plan and the Development L;ude. The City Council concludes that due to the safety and congestion problems already evident at the Bull Mountain Road/Pacific Highway intersection, the anticipated int ease in traffic- volur::es, and they adverse impact that a partial fror:tage road closure will have upon t:he businesses in Canterbury Square, "the nor horn frontage road should also be closed prior to developing this project.oject. The available r v_cd r_<_. nriiw 1 s that a new, access to Canterbury Square and closure of the north frontage road can be accomplished in 1909. until this closure occurs, the additional construction traffic, fue•1 deli.verW s, and customer traffic will exacerbate the existing safety problems at this intersection. Closure of the south Frontage road without a direct access to Pacific Highway will be inconvenient for Canterbury Square customers aria, Lherofore, 5-iness for this center will be adversely affected in order to accommodate this; project. Because of these traffic safety and Cantebury Square access considerations, the closure of both frontage roads will be necessary as noted in the conditions below. 3. There was considerable testimony from opporients about whether there woks a need in the community for a facility such As the one proposed. Numerous other similar facilities are presently vacant in the area. The City has not adopted either policies or standards that require the consideration of need in a conditional use application; accordingly, the City Council cannot consider that issue. The City has determined by its silence on that requirement, that market conditions will dictate whether uses will be proposed or not. Similarly, opponents speculated what would happen to the site if the use was developed and then abandurwd, once again, the City does not require businesses to remain open when they have made a decision that it is no longer economically feasible to do so. If this use is abandoned, the area will have one other vacant building, as the- adjacent headjacent site to the west presently contains the vacant „"uil.dir,y– from tW previous uses on the site. 4. There were many objections from neighbors about the aesthetics of the proposal, particularly at the entrance to the Bull Mountain residential area. The City has not adopted standards to consider the aesthetics of development within the General Comme-cial zone, so this issue is not one the City Council may consider-. �1 Page 6 -- 5. Some concern was expressed by opponents about noise from the site. Noise testing was done at a similar site which has been fully developed, Arid it was found to bo within acceptable: ranges. In addition, the distance between the site and the nearest residential use should adequately mitigate any noise impact. from the proposed use.. the applicant: has also agreed to limit the tours of operation of the car wash (the noisiest portion of the: proposed use) to 7:00 AM to 10:00 PM. In addit_ion, the City Council has conditioned t.he- approval to reelui.re compliance with applicable noise standards. o. A r-iF .-ent a. v.a of Canterbury Square objected to the closure o� the south portion of the frontage road before the State or 0—gon doveloped alternate: access to their property; they felt that a l:argt number' of the: customers used the southern frontage road for, access. Based on the findings and conclusions abovez, the City Council approves CU 87-03 and M!_P 87-09, subject to the following conditions which must be satisfied prior to issuance of buildiM permits, unless noted otherwise: 1. The applicant shall obtain a permit from the, Oregon State Highway Division to perform work within the right-of--way of the Highway 99 frontage road. A copy of the permit shall be provided to the City Engineering Office prior to issuance of a public impr'ou—mrA permit. "I ha south frontage ,ad access to Bull Mountain Road shall be eliminated .and shall become v dead end road which provides notmore than one access to the site on the sough side of the site and sufficient room for turning movements of emergency vehicles. nil access from this direction will be eliminated if the City Engineer determines, based on his review OF the site plan, that it encourages through--traffic._. l"he frontage road paving from Bull Mountain Road south, to the site access shall be removed and a five foot wide sidewalk shall ba: constructed from the ,ite's southe..cn.most property line to Bull Mountain Road (MOT Contact: i...ae Gunderson, phone 229--5002; City Contact, Gary Alfsun, phone 539--4171). 2. "The northern frontage road leading to Canterbury Square shall be closed. An occupancy permit; for' the project will not be: is=sued prior to completion of the ODOT-ASIEP project scheduled for the Canterbury Lane/ Canterbury Square Street and intersection improvements. 3. Standard half--street improvements (including a full size left turn lane) including concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement and utilities, including sanitary sewer, storm drainage and streetlights, shall be installed along the Bull Mountain Road frontage. improvements shall be constructed to major collector street standards of the City of Tigard and shall conform to the alignment of the existing adjacent- improvements. The street: improvements shall include a left turn lane on Bull Mountain Road the length of the subject property which shall provide arcess to buth the applicant's driveway and the future shared access of this site and the adjacentlots to the west. 4. Additional right--of--way shall be dedicated to the public along the Pull Mountain Road frontage to increase the right--of--way to 33 feet from centerline. The description shall be tied to the existing right-of-way centerline. The dediciation documents shall be on City forms and shall be approved by the City Engineering Section. Dedication forms and instructions are available from the Engineering Section (Contact: Jon Feigion, phone 639-4171). 5. The applicant shall be allowed -access to Bull Mountain Road at this time with the number and location to be approved by the City Engineer (Contact: Gary jAlfson). RESOLUTION NO. 88- or Pages 7 6. -1 he: applicant shall provide for internal "stacking" of vehicles waiting for service from the sits. -There shall be no off--sate stacking of vehicles awaiting service from the site (Contact: Keith L.iden, phone G39-4171). 7. A profile of Bul..1 Mo n'rtain Road shal 1. be providod from 300 feet, west of the site to the .cast side of Highway 99W. The profi1.e shall show the existing grade of Bu 1.1. Moucitain Road and a future grade that. meets Wash rig Lori County standards for a major collector -it root. Iwo--Lhir'ds str eet. improvements shell be cons Lr'uctod where a re:vi.=.ed vertical alignment is required to meet; the current design standards. Two--thirds street: improvements shall include half- street. improvements (including a full sized left turn lane) and a 12 foot lane and 3--foot gravel shoulder on the north side of the centerline. the construction of the vertical realignment portion shall be coordinated with the Oregon State Highway Division's Canterbury Square project improvements; i.e., the elimin,-,tion of the north frontage road. B. The applicant shall provide connections., of proposed b=.a i ldirig s to the public sanitary sewer systom. A connection permit is required to connoct to the existing public sariitary sewor system (Ccnt.ac:t: fit ad Roast., phone 639-41-ii;. 9. The applicant shall provide for roof and parking lot rain drainacle to the public storm water draining system to prevent rur:---off to the adjacent properties. The. applicant ::hall. provide a method of transferring storm drainage water from the site to the storm system on Bull Mountain Road. No drainage shall be allowed to flow into the system presently serving the King City area (Contact: Cary Alison). 10. Joint use and maintenance agreement -hall. bc executed arid recorded on City standard forms for all common driveways. Agreements shall be referenced on and become paxrt of all applA cable parcel deeds. The agreement shall be approved by the Engineering Section prior to recording (Contact: Jun Feigion). 11. The applicant shill reimburse the City any pern+it fees which the City must pay in obtaining permits fr•oin Washington County .and the Oregon State :lith=,aay Division for work required by these. conditions (Cortact: Gary Alfson). 12, A or=e--foot reserve strip granted to the: City of Tigard shall he provided alcng the frontage of Bull Mountain Road, except in the areas of driveway access (Contact: Jon Feigion), 13, Seven sets of plan and profile public improvement construction plans and one itemized construction cost estimate stamped by a registered professional civil engineer detailing all proposed public improvoinrnts shall be. submitted to the Fngineer•inq Section for i.isrrcnval. lwn set. of profile plar+s s5a11. be submitted for preliminary review prior to submittal of final plans. Cons t:ruction of the: proposed public improvements shall not commence until after the Engineering Section has approved public improvement: plans. The Section will require a 100 percent performance assurance bond, or a letter of commitment, the payment of a permit fee and a sign installation/streetlight fee, Also, the executing of a street opening pe=rmit for construction compliance agreements snail occur prior to, or concurrently with, the issuance of aer, approved public improvement plan (Contact: Gary Alfson). RESOL.UTION NO. 88- P Page 8 14. The applicant shall comply with all applicable noise standards. Compliance with such standards shall be dumonst'r•ated prior to issuance of a building permit. The car' wash shall operate only within the hours of 7:00 AM to 10:00 PM (Contact: Keith Liden). 15. T-he proposed free--standing sign height and sire shall be revised to confcsrei with the Community Devolopimm t Code requirements. Sign permits shall be obtained from the City pr-ior• to installation of any sign (Contact: Keith Lidera or Deborah Stuart). 16. The partition survey and legal descriptions for- bath parcels shall be submitted for- Planning Dir,octur approval, prior to recording with Washington County (Contact: Jon Feigiun). 17. This approval is valid if exercised within one year of the Uinal approval date. i"the Council further- orders that the City Re<:or-der send a copy of the final order as a notice of final 0�4cision in this matte,-. PASSED: -1his r.ZDrld day of ATTEST: City of Tigard — t'N C�xte�c:l Pxt¢:eL�,tk- Deputy Resor-der — Ci y of Tip. -r,d APPROVED AS TO FORM: ity Recorder — Date ht/6541D RESOLUTION :YO. 88—Ig -�-__ Page 9