Loading...
Resolution No. 96-10 4 Y� CITY OF TIGARD,OREGON RESOLUTION NO.96-)J A RESOLUTION BY THE TIGARD CITY COUNCIL ADOPTING FINDINGS AND CONCLUSIONS TO DENY AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT (CPA 95-0003) AND ZONE CHANGE (ZON 95-0005) REQUESTED BY BRIAR hs„ 1 DEVELOPMENT COMPANY. e j 6j WHEREAS,the applicant requested a comprehensive plan map amendment from Medium-High Density Residential to General Commercial and zone change from R-25 to C-G on 9 acres of a T 15.14 acre parcel located on the southeast corner of SW Scholls Ferry Road and SW 135th K Avenue; u0 WHEREAS,the Tigard Planning Division evaluated the application and recommends denial; WHEREAS,the Tigard Planning Commission considered the application at its public hearing on December 4,1995,and recommends approval;and ; WHEREAS,the Tigard City Council considered the application at its public hearings on January 23 and February 13,1996. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: t Section 1. The consistent with a o, the relevant criteria as noted in the proposal s no � attached final order(Exhibit A). ` 0", Section 2: The City Council upholds the staff recommendation for denial of the comprehensive plan map amendment and zone map change as set forth in Exhibits A and B. Section 3: The City Council,therefore,orders that application request CPA 95-00031ZON 95- 0005 be DENIED,and further orders that the City Recorder send a copy of the final order as a Notice of Final Decision to the parties in this c e. PASSED: Thisl; day o 52u 996. r-City of Tigard A ST City Recorder-City of Tigard RESOLUTION NO. 96-1 u Page 1 I t tir Ott ` ¢ CITY OF TIGARD CITY COUNCIL 1 FINAL ORDER , A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE F REQUESTED BY BRIAR DEVELOPMENT COMPANY. The Tigard City Council reviewed the application below at public hearings on January 23 and February 13,1996. The City Council denies the request based on the facts,findings and conclusions noted below, w ) A. FACTS y 1. .general Information CASE: Comprehensive Plan Amendment CPA 95-0003 ��� : Zone Change ZON 95-0005 rr„, Y REQUEST: Amend the Comprehensive Plan map from Medium-High Density Residential to C-G(General Commercial)and changer the zoning from R-25 to C-G. APPLICANT: Briar Development Company P.O.Box 9704 Bellingham,WA 98227 r w OWNERS: :Burton E.Grabhom 11493 SE 82nd Avenue Portland,OR 97226 LOCATION: Southeast corner of SW Scholls Ferry Road and SW 135th x � Avenue(WCTM 1S1 33AC,lot 8000). 2. Vicnitv ,��` The affected site is a 9-acre portion of a parcel that contains 15.14 acres. It includes the western portion of the parcel that is located along Scholls Ferry Road at the intersection of SW 135th Avenue(see map,Exhibit A).- The properties to the north across Scholls Ferry Road are in the City of Beaverton and zoned R-5 for single family residences. Properties to the east,south and west are in Tigard and , t 1 a 1 xv:w bms } ,r d 3 t �7 zoned for residential. The property to the west is zoned R-25 (multi-family residential)and is vacant. Properties to the south of the site are zoned R-25 anda R-12. The R-25 parcel, which is adjacent to approximately 80% of the site's southern border,is approved for development of 160 multi-family units. The R-12 land contains the Castles at Brittany subdivision. To the east of the affected site is RIMthe remainder of lot 8000 which is zoned R-25 and is vagga cant. Beyond lot 8000 to i, the east is a residential district that is zoned R-7(PD). 3. Background Information *Ug The The site was annexed to the city in July of 1987 and zoned R-25 to comply witht� the county zoning of R-24. No development applications have been reviewed for kU this site. >t The Planning Commission held a hearing on CPA 95-0003/ZON 95-0005 on � } December 4,1995,and voted 5-4 to recommend approval of the proposal(Exhibii 0 kl-O tINNIX B). Staff recommended denial to the commission. �El"O sR 4. Site Information and Proposal Description k �' The proposal includes a 9-acre portion of a 15.14-acre vacant parcel. The site slopes gently downward from north to south. The site has no remarkable features or trees. ` The applicant requests a comprehensive plan map amendment from Medium-High " X Density Residential to C-G(General Commercial)and a zone change from R-25 to C G on the 9-acre site. A written narrative,transportation analysis and market n analysis have bee;,submitted b,the applicant in support of the request. if the proposal is approved,the applicant wishes to develop a Haggen Food Store and zplil Pharmacy on the site. 5. Agency Comments ; N The Engineering Division reviewed the proposal and has no objection. Washington County staff reviewed the traffic study for the impact of developing the Px Haggen grocery store complex on Scholls Ferry Road. ,Their comments are contained in a letter dated December 4(Exhibit C). The City of Beaverton did not comment upon the application. ODOT chose not to comment because the nearest state roadway is Hwy 217. t 2 ; V SKI B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Comprehensive Plan policies 1.1.2(2),2.1.1,5.1 5.4 6.1.1, 8.1.1,8.2.2 and 12.2.1 (2);Community Development Code chapters 18.22, 18.32 a and 18.62;and Oregon Administrative Rules Chapter 660,Division 12. 1. Policy 1.1.2, Implementation Strategy 2,requires that in order to approve quasi- t. judicial changes to the comprehensive plan map,the city council must find: a)The ;l change is consistent with applicable plan policies; and b)A change of physical circumstances has occurred since the original designation, or c)A mistake was made in the original land use designation. The change is not consistent with all applicable comprehensive pian policies. As discussed below,policies 1.1.2(2),5.4 and 12.2.1(2)(1 a) are not satisfied. In addition,staff cannot make the findings that Policy 8.1.1 is satisfied nor make a finding of compliance with Oregon Administrative Rule 660- 12-060, if any use is developed at the site except a 60,127 square-foot grocery store/pharmacy complex. The applicant claims b) and c) of this criterion are satisfied in two ways: € Circumstances have changed significantly with regard to planning the area and the 07 larger region since 1983 when the comprehensive plan was adopted;and there is an inconsistency betvoen the comprehensive plan's intent to provide sufficient vacant,developable retail land to serve the community and the significant shortage of this type of land. The applicant asserts that a change of circumstances has occurred with adoption ; of the Metro 2040 Growth Concept(1994)and the Transportation Planning Rule (1991). The 2040 concept calls for the establishment of a Town Center in the area around the Scho.',s Ferry Road�,.",u,aqy Bouts✓a d istarsection. Ties designation ) would provide local shopping and employment opportunities within a local market - area. The growth concept also designates Scholls Ferry Road as a Corridor, [ which is intended to provide higher residential densities with a mix of office and retail buildings. The Transportation Planning Rule(TPR)requires that cities and counties prepare, adopt and implement transportation system plans to establish land use controls and a network of facilities and services to meet overall transportation needs. The applicant states that these planning tools will be addressed by the city through a future revision of the comprehensive plan during periodic review, which will likely result in some new commercial-oriented zoning in the area.. The proposed amendment and rezone, therefore, is consistent with Region 2040 and TPR. 3 a r Further, until the city adopts a transportation system plan, the TPR requires the city to review planning and zoning proposals based on this rule, The proposal is in conformance to the TPR by achieving a 65% reduction in the vehicle miles traveled(VMT)as a result of the development of a grocerycomplex instead of 980 apartments on the site. The applicant further states that there is an inconsistency in the city's comprehensive plan due to the plan underestimating the need for vacant, developable sites within the subject trade area for locating new grocery stores. In support of this argument, the applicant submitted a market area analysis. The analysis concludes that due to the rapid population,household and income growth in the trade area and the serious lack of vacant land in Tigard and Beaverton evhich is zoned to allow grocery stores,the site at SW Scholls Ferry Road and SW 935th Avenue is appropriate for redesignation to General Comme,,cial. The foregoing arguments do not meet the requirement that a physical change of circumstances has occurred since the original designation,or that a mistake was made in the original designation of the subject property. The first part of the ! argument is speculative and is not necessarily consistent with the new regional planning goals. The second part is based on a market analysis that concludes the trade area could support another grocery store,but does not demonstrate that a physical change or mistake took place since original site designation. The 2040 Metro Concept has been adopted but not implemented. The Town Center and Corridor designations are not in place and havenot affacted the subject property in any way. It is speculative whether the city will change the { comprehensive plan to assign new commercial-oriented zoning in the area to } implement 2040. Even if the Murray/Scholls Ferry Town Center concept is implemented, the boundary of this center as shown on Metro's Beaverton Quadrangle Analysis Map(6/14/85)extends slightly to the west of the intersection of SW Scholls Ferry Road and old Scholls Ferry Road. This location is 1 j approximately 600'to the west of the subject site. Locating a retail use just outside the Town Center could actually work against the goals of reducing auto travel and achieving compact development. Further,the Town Center designation is entirely within Beaverton and would not .necessitate that Tigard change zoning to accommodate it. The Corridor designation mostly emphasizes higher densities that would average 25 persons per acre. Development of an auto-oriented retail use is not,therefore,necessarily consistent with this concept. The location of high density residential district along SW Scholls Ferry Road is consistent with the Corridor concept. 4 ., �r waz- The Transportation Planning Rule's goal of reducing total vehicle miles traveled (VMT)will be implemented and achieved on a city-wide system basis. A reduction in VMT for the subject property may or may not work towards an overall reduction of the city's VMT. The market analysis submitted by the applicant is an analysis of the retail potential of the subject site. it may be the case that the trade area,as defined by the study, will support another retail grocery store. This argument does not,however,meet the criterion in Policy 1-1.2(2). The proposal to amend city policy to rezone 9 acres ,{ from multi-family residential to retail commercial must be considered in the light of all possible uses allowed under C-G, not only a grocery store. Also, the comprehensive plan does not contain policies or criteria for designating land uses based upon market needs. In this case,the need for a grocery store in the trade j area is not sufficient reason for demonstrating that a physical change or mistake was made regarding the subject site. Based on the above analysis, staff concludes that the requirement of Policy 1.1.2(2)is not satisfied. 2. Policy 2.1.1 states that the city shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. The policy is satisfied because the surrounding property owners were given notice of public hearings related to the proposal and given the opportunity to comment on the proposal. The notice for the Planning Commission and City Council hearings were sent to surrounding property �1 owners within 250 feet of the affected property, posted at Tigard City Hall and advertised in a local newspaper. In addition,the applicant provided notice of and conducted a neighborhood meeting on June 19,1995,for property owners within a 250-foot radius of the affected property and other interested parties. 3. Policy 5.1 states that the city shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on growth of the local job market. This policy is satisfied because development of the site as a retail commercial use may employ local residents. The applicant states that if the site is developed as a Haggen store,it will employ 40 to 50 full-time and 150 part-time workers;and due to the proximity of residential i „ � neighborhoods and availability of transit,Tigard residents will have an opportunity to work at the store. 4. Policy 5.4 states that 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 uses. This policy is not satisfied because the site is surrounded by residential development and would be the only commercial development within a one half mile radius. The applicant states that ,! 5 M 2 I , the site should not be considered a residential area for the following reasons: It is adjacent to Schoi/s Ferry Road, an arterial, and SW 135th Avenue,a collector street;land use compatibility can be maintained through landscaping,building and driveway orientation;and a commercial use on the site would be consistent with the adopted Metro 2040 concept. Staff does not find that this vrgument satisfies the criterion. The location of arterial and collector streets adjacent to a site is not a sufficient basis for changing multi- r family residential land that is surrounded by other residential districts to e` commercial land. According to this argument, several properties throughout the ;.' city that are along these types of streets should be commercial. The location of t, multi-family residential land,however,is also required to have direct access from an arterial or major collector. While landscaping and site design can reduce the impact to residences from commercial uses,this site is surrounded by residential districts that are both established and continuing to develop. As discussed under 1 B.1 above,this proposal is not necessarily consistent with Metro 2040. ) ' ` 5. Policy 6.1.1 states that the city shall provide an opportunity for a diversity of housing densities and residential types at various prices and rent levels. ThisUN criterion is primarily implemented through the Metropolitan Housing Rule (OAR 660-07)which requires the city maintain sufficient residential buildable land to provide the opportunity for at least 50%of new units to be attached single family or multi-family housing and to provide for an overall density of ten units per acre. Approval of this proposal would decrease the number of acres of buildable multi- " family land,thus reducing the opportunity for the city to meet the 50%requirement -.and reducing the overall density. r 4 ' Though housing opportunity would be lost to the city, approval of the proposal would not reduce the city's huusiny opportunity index below the 550% or 10 ,r.s per acre requirements. If the proposal is approved,there would be 225 fewer units ((( of potential multi-family housing available(9 acres x 25 units=225). This would reduce the mix of all new units being attached single family or multi-family from ' v 77%(3,856 of 5,014)to 76%(3,631 of 4,789). It would also reduce the city's 311 overall housing density from 10.46 units per acre to 10.36 units per acre.* Under this proposal,then,compliance with the Metro Housing Rule would be maintained. This policy is,therefore,satisfied. ' *the city calculates its housing opportunity index by multiplying the gross acres times the allowable units per acre,then dividing by the total number of developable residential acres. 6 6. Policy 8.1.1 states that the city shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. Washington County transportation staff reviewed the applicant's traffic study and concluded that the retail grocery use would not significantly affect SW Scholls Ferry Road and would be consistent with the identifier) function, capacity and level of service of the roadway. This conclusion is conditioned on the site having only one access from Scholls Ferry as stated in the December 4 letter from the county (Exhibit C). Based on the evaluation of the county and the approved access to the site,the city's Engineering Division concluded that the city transportation system would not be adversely affected by the proposal. Staff notes, however,that the county's finding of no significant affect to Scholls t Ferry Road is for development of the site as a 60,127 square-foot grocery store. The county letter concludes as follows: We've previously stated that development of a 60,127 square-foot supermarket at this location would not significantly affect SW Scholls Ferry Road and would be consistent with the identified function, capacity and level of service of SW Scholls Ferry Road. However,this may not be true for all uses allowed in the General Commercial classification. Additionally, the design modification was limited to Haggen's proposal. If a different land use was proposed,the County Engineering Division would need to approve a new request for design modification in order to allow any new and/or different access to Scholls Ferry. Thus, to insure consistency with OAR 660-12-060,we believe the plan amendment should be conditioned to limit use of the property to a 60,127 square-foot or smaller supermarket. .' The current proposal is for a comprehensive plan map amendment and zone 9 change to the site,and not for development of a grocery store. Though the county finds that the grocery store use is consistent with Transportation Planning Rule requirements,this finding does not apply to any other allowable uses in the C-G zone. Another use may affect the transportation system differently. For example, the applicant's traffic analysis shows that the number of PM peak hour trips generated by the proposed grocery store use would be 370. The number of trips for development of other allowable uses, e.g. a grocery store with another retail use and a fast-food restaurant,would be 525. Under the existing zoning for multi- family use,there would be 110 trips per day during the PM peak hour Though this policy is satisfied regarding the development of the proposed site as a 60,127 square-foot grocery store complex,the additional vehicle trips within the immediate site vicinity generated by certain retail uses could significantly affect the ftransportation system. Because the proposed comprehensive plan 7 .www.x^u�vaew.A.:».rw.a...w......... . ............._: .,...........n m. i........,...,. . xv...zv... .....:..,.x.a ..,a,., =,65 .:....1.,,..39i,4....aai'.e xi<aiuew.vatlx�. i� i_ amendment/zone change has not been evaluated for a worst case scenario,which mow.. is a scenario where the site is developed with uses that are allowed under C-G zoning but generate more vehicle trips and/or cause greater traffic impact, the planning division cannot make a finding that Policy 8.1.1 has been satisfied. 7. Policy 8.2.2 states that the city shall encourage the use of public transit by locating x { land intensive uses in close proximity to transit ways. This policy is satisfied because locating a retail commercial use at the site would support public transit along SW Scholls Ferry Road. Currently, Tri-met offers bus service along this } corridor. , 8. Policy 12.2.1(2)provides the locational criteria for designating land as general � ���- commercial on the plan map. The locational criteria can be construed in a flexible manner in the interest of accommodating proposals which are found to be in the public interest and capable of integration into the community. The burden of proving conformance with the criteria varies with the degree of change and impact on the community. The applicable locational criteria with findings are as follows: xa (1) Spacing and Location s z (a) Ib2 commercial area ia not surrounded by msidenti I districta districton more than two sides This criterion is not satisfied because the site is surrounded by r residential districts on four sides. The residential district to the north is in the City of Beaverton and zoned R-5, single family. The districts to the east, south and west of the site are in Tigard and zoned for multi-family residential. (2) Access (a) The.proposed area ar expansion_ of next=ting area sfiatl not rat tr^ffi `` congestion or a traffic safely orobl m 9uch a d t rmination shall be based "rt -on street ca a i existing and project d fraffig Yglumes.tha speed limit �r. number of turning movements aW-.Ibp traffic q neratiog charact ri ti t of ; the varioustvo off See comments under 6 above. (b) 'The site shall have dir t access from major collector or arterial qtr t. ' This criterion is satisfied because the site has direct access to SW Scholls Ferry Road,an arterial. (c) 'Public transportation J shall be available to the site or g n ral area. This criterion is satisfied because Tri-met offers bus service along SW Scholls 'Ferry Road. 8 � I � i I (3) Site Characteristics (a) The sig shall be of ommodate present and proiected uses. This criterion is satisfied because the 9-acre site is large enough to accommodate retail commercial uses including the grocery store and pharmacy that the applicant wishes to develop. ' (b) TFe site shall have high visibility. This criterion is satisfied because the `d 1 corner of SW Scholls Ferry Road and SW 135th Avenue is a highly visible S area from both roadways. + (4) Impact Assessment @ (a) ThTh�4L4gct shall be compatible with the surroundings-.Z. The i physical and design compatibility of a specific project with the surrounding uses would be assessed at the time of development review. The amount �v,. " and pattern of traffic,however,would be different for a retail development rc ' than a residential one, which could cause .additional impacts to the surrounding uses. ' (b) The site configuration and characterstics shall be such that the primacy of adiacent non-commercial uses can be maintained. The ability of the site design to ensure the privacy of adjacent uses would be evaluated during review of a specific development proposal. (c) It shall be possible to incorporate the uniaue site features into the sito x design and development plan. The proposed site has no unique natural or man-made features. (d) The associated lights noise and activities shall not interfere with adjoining non-residential uses. The potential effects from the noise, lights and activities of a specific project would be evaluated and mitigated during the development review process. 9. Section 18.32 of the Community Development Code sets forth the procedural requirements for review of quasi-judicial plan amendments. The application has been processed in accordance with code sections 18.32.020, 18.32.050 and 18.32.060;a hearing has been conducted by the Planning Commission and City Council according to 18.32.090(D)and(E);and the requirements for notification of the hearings have been met according to 18.32.130 and 18.32.140. t 9 i t ; r; , 10. Section18.22 of the Community Development Code sets forth standards and procedures for quasi-judicial amendments to the plan and zoning district map as follows: A. A recommendation or a decision to approve,approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: .3 1. The applirablg rompmhensiveplan policies and map designation- and the s change will not adversely affect the health safety and welfare of the community. The applicable plan policies related to the proposal are reviewed above under section B(Findings and Conclusions). 2. The statewideIp annino goals adopted under Oreoan Revised Statut s Chapter 197 until acknowl dq men! of the omprehensive plan and ; crdnanc=s. The Tigard Comprehensive Plan has been acknowledged, q therefore specific review of each statewide planning goal is not applicable. Notice of filing this proposed amendment has been provided to the Department of Land Conservation and Development for comment at least 45 days prior to the final decision date. ' 3. The applicable standards of any provision of this code or other applicable implementing ordinance. Code section 18.62(General Commercial District) contains the standards for the C-G zone. The subject site could meet the standards listed under "dimensional requirements" and "additional requirements" for a development. Specific future site development improvements would be reviewed through the site development review and/or subdivision process to ensure consistency with the standards in § section 18.62. 4. .Evidence of change in the neighbofhoodor community or--a-.mistake or inconsistency in the comprehensive plan or zpning map as it rehtes to th property which is Yh tZject of th-d velopment application. See above under B.1. ( i -11. Oregon Administrative Rule section 660-12-060 requires that plan amendments be consistent with identified function, capacity and level of service of,affected .transportation facilities. Scholls Ferry Road is under the jurisdiction of Washington County. .County staff reviewed the proposal, and after granting the applicant's - request for a modification to the county's design standards regarding access from Scholls Ferry Road, conclude that development of a 60,127 square-foot- supermarket at the proposed site would not significantly affect SW Scholls Ferry 10 i wr..................�..-...__,... .,y,.,..,,+Asa,..,.:w.,t ..,,,.......,. u.,z...;,;�:. 1 � z 1t z i1 Road and would be consistent with the identified function,capacity and level of service of SW Scholls Ferry Road. The determination of consistency with OAR 660-12-060, however, is limited to this particular grocery store use. In fact, the sz December 4 letter concludes as follows: However, this [conclusion] may not be true for all uses allowed in the General Commercial classification. Additionally, the design modification was limited to Haggen's proposal. If a different land use was proposed,the County Engineering Division would need to approve a new request for a design modification in order to allow any new and/or different access to S Scholls Ferry. Thus, to insure consistency with OAR 660-12-060, we believe the plan amendment should be conditioned to limit use of the X4 property to a 60,127 square-foot or smaller supermarket. afr xr � Because the current proposal is not for a 60,127 square-foot or smaller grocery store use, the city planning staff cannot make a finding of compliance with this h state rule. E x x 12. Conclusion The current proposal is a request to amend the comprehensive plan and zoning maps to allow any use under the C-G(General Commercial)category. Approval or denial of this request is not contingent upon the impact of a particular commercial GGG use, but whether any use allowed under C-G meets the relevant review criteria listed above. Staff finds that all applicable approval criteria to support a xq comprehensive plan amendment and zone change have not been satisfied. k Comprehensive Plan policies 1.1.2(2),5.4 and 12.2.1(2)(1a)are not satisfied by the-applicant. Though policies 8.1.1, 12.1.1(2)(2a) and OAR 660-12-060 arexxt satisfied for the development of a 60,127 square-foot grocery store use, these policies have not been satisfied for all allowable uses under the General ) rx Commercial category and C-G zoning. C. DECISION m The City Council DENIES the requested comprehensive plan amendment CPA 95- 0003 and zone change ZON 95-0005 based upon the foregoing findings and conclusions.