Resolution No. 96-56 5i
c CITY OF TIGARD, OREGON
" RESOLUTION NO. 96-
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A RESOLUTIONS BY THE TIGARD CITY COUNCIL ADOPTING FINDINGS AND
CONCLUSIONS TO DENY AN APPLICATION FOR A COMPREHENSIVE PLAN TEXT
AMENDMENT (CPA 96-0002) REQUEST BY AKA BUSINESS SERVICES INC.
.WHEREAS, the applicant requested a comprehensive plan amendment to25amend the text of Policy 12.2.2(2) (IA)
of the Locational Criteria x`'}
section of the Comprehensive Plan by adding a new policy as Follows: ik at
'v 12.2.2(2) (1B) an addition to Policy 12.2.2(1A) which would add h �,
locational criteria for the expansion of commercial areas into areas
zoned for residential uses if the area is not surrounded by single xax
.. family residential zoning on more than two sides.
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WHEREAS, the City Council held a public hearing on August 13, 1996 to
consider the propcsed amendments as set forth herein; a
NOW, THEREFORE; BE IT RESOLVED by the Tigard City Council that: x
SECTION 1: The proposal is not consistent with all of the relevant ` ux
{y criteria noted in the attached final order (Exhibit A).
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SECTION 2: The City Council upholds the Planning Commissi.on's n l
recommendation for denial of the comprehensive plan
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amendment as set forth in Exhibit A.
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r SECTION 3 The City Council, therefore, orders that-CPA-96-0002 be a_
DENIED, and. further orders that the City Recorder send'
a copy of the final resolutionas a. Notice of Final' `x
Decision to the parties in..this case.
r PASSED: This day of1996
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5 ys
a or - City of _igard
ATTEST:
GL 1 f n i n e LA 711
City Recorder - City of Tigar
` ORDINANCE No. 96-__5(L
Page 1
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CITY OF TIGARD CITY COUNCIL -
' FINAL ORDER
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN
APPLICATION FOR A COMPREHENSIVE PLAN TEXT AMENDMENT REQUESTED x(
BY AKA BUSINESS SERVICES.
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The Tigard City Council reviewed the application below at a public hearing on August 13,
1996. The City Council denies the request based on the facts,findings and conclusions
noted below.
A. FACTS
1. .General Information �t
CASE: Comprehensive Plan Amendment CPA 96-0002
REQUEST: Amend the text of policy 12.2.1(2)(1a)of the ' ?
Comprehensive Plan to modify the spacing and
locational criteria for General Commercial land uses.
APPLICANT: AKA Business Services ,
10626 SW Barbu:Blvd.
Portland,OR 97223 ^.
OWNERS: Same
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LOCATION: Citywide
2. Vicinity
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The amendment would be applicable citywide. Staff has determined that, given y„
existing zoning,the proposal could apply to 50 parcels of land in the City.. t
3. 'Background Information
The applicant owns 5.81 acres north of the intersection of Pacific Highway and SWse
Pfaffle Street.The property has split Comprehensive Plan and zoning designations
of General Commercial/C-G and Medium Density Residential/R-12- These plane
and zone designations were carried over from Washingotn county designations
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when the property was annexed to the city in 1987 as part of the South Metzger
annexation.The C-G portion of the applicant's property currently contains an older
building. The applicant believes it will be difficult to redevelop this commercial « i
portion of the property without rezoning the R-12 portion.The current spacing and
location criteria of Policy 12.2.1(2) however restricts the siting of C-G land that is
surrounded on more than two sides by residential districts. w3e
4. Site Information and Proposal Description e - 3
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The applicant proposes to modify Policy 12.2.1(2)(61). Currently,this criterion
° reads:
"(1)Spacing and Location
(a) The commercial area is not surrounded by residential districts on
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-,� more than two sides."
The proposal,reads as follows: r §
"(1)Spacing and Location
(a) A new commercial area is not surrounded by residential districts on
more than two sides. } ;
(b) An existing commercial area may be expanded and is not subject to
(1)(a),above,if the City Council finds that:
(i).The expanded commercial area is not surrounded by R-1,R-2,
R3.5,R-4.5,or R-7 districts on more than two sides;'" 1
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(ii). The increased commercial area will not adversely affect the
surrounding residential districts; a ��
(iii).The size of the increased commercial area will allow an
appropriate buffer to be provided between uses allowed in the
commercial district and uses allowed in the surrounding residential �r „
district(s);and
(iv).The increased commercial area is the minimum size necessary
that is required to allow the appropriate redevelopment of the
existing commercial area." t
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S- Agency Comments
ODOT reviewed this proposal and offers the following comments: Staff chooses not to
comment on this legislative text change regarding the City's locational criteria for
General Commercial areas.ODOT does evaluate and comment on parcel-specific kt
quasi-judicial requests for comprehensive plan amendments for their compliance to
OAR 660-12,the Transportation Planning Rule.
Metro reviewed this proposal and offers the following comments: "The proposed �
amendment would appear to permit a greater mix of uses in Tigard by giving greater
flexibility in locating commercial uses adjacent to residential uses. Metro supports the '
efforts underway in the local jurisdictions to expand the opportunities for increasing the
mix of uses in a community."
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B. FINDINGS AND CONCLUSIONS
STATEWIDE GOALS
Citizen Involvement: Goal 1 requires a citizen involvement program that ensures ,
the opportunity for citizens to be involved in thelannin
p g process.Tigard
Comprehensive Plan Policy 2.1.1 and Tigard Community Development Code Chapter 18
provide for citizen participation and notice. Notice of the Planning Commission and City
Council hearings were advertised in the local newspaper and request for comments were
sent to all CITs,DLCD,and Metro. In addition,the proposal was presented to the CITsx ;
and their comments are included in Section VI of this report. This goal is satisfied. , "
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I Land Use Planning: Goal 2 requires,in part,that adopted comprehensive plans be t
revised to take into account changing public policies and circumstances.The
proposal would fine-tune existing adopted and acknowledged comprehensive plan 5}
requirements relating to the siting of commercial land to serve the residents of the `
community. This goal is satisfied. F
Egonomic Develoomepl Goal 9 requires that adequate opportunities for economic ^
development be provided by the community.The amendment would increase
commercial opportunities through expansion of existing General Commercial areas. This 1
goal is satisfied.
Housing: Goal 10 requires that plans shall encourage the availability of adequate
numbers of needed housing units at various price ranges and rent levels and allow
for flexibility of housing location,type and density. The amendment would make it
easier to expand existing General Commercial land use designations within multi-family
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residential areas. This may result in more land being rezoned from residential to
commercial uses,thus reducing the amount of land available for a variety of housing
types and densities. Though each quasi-judicial proposal to amend the Comprehensive
Plan and change the zoning on a particular parcel must be evaluated according to this
goal,the expansion of commercial areas into multi-family residential areas would reducesr
opportunities for the City to make available various types of housing units.For this
reason,staff cannot make a finding that this goal is satisfied.
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Public Facilities and Services* Goal 11 requires that development be guided and
supported by types and levels of public facilities and services appropriate for the
needs and requirements of the area to be served. The city has adequate facilities and
services available to existing Genaral Commercial land use districts. Any proposed :'.
expansion of these areas would be required to provide additional services,if needed,to
maintain the existing levels. This goal is satisfied. �t
Transportation: Goal 12 requires that the city provide and encourage a safe,
convenient and economic transportation system. The amendment would be less ,w
restrictive for allowing the expansion of General Commercial areas adjacent to residential }k
areas. It does not affect the criteria that require adequate transportation facilities be x
available to serve these commercial land uses.The amendment would not cause an
unsafe and inconvenient transportation system.This goal is satisfied. Y.
COMPLIANCE WITH FEDERAL OR STATE STATUTES OR GUIDELINES
Oregon Administrative Rule: Section 660-12-060 states that plan amendmentsr
which significantly affect a transportation facility shall assure that allowed land
uses are consistent with the identified function,capacity and level of service of E
the facility. The proposed amendment would not result in generating any additional ;
traffic. It would only modify the criterion for locating General Commercial areas to allow
for expansion of existing areas,if all other criteria are met as well. All requests for �,�'�`"
quasi-judicial Comprehensive Plan map and zone changes for specific property are
analyzed and evaluated for compliance to transportation policies and rules,including
this state rule.The city reviews all requested quasi-judicial changes for compliance to this
rule and makes a determination based upon that review. Findings of compliance or
noncompliance to this rule would be made following a traffic analysis of the specific
proposal. This policy is sots
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COMPLIANCE WITH COMPREHENSIVE PLAN POLICIES
General Policies: Policy 1.1.1(a)requires that legislative changes be consistent
with statewide planning goals and the regional development plan.The findings
above address statewide goals. There is no applicable adopted regional plan.Metro was
sent a request for comments. This policy is satisfied.
General Polic;al Policy 1.1.1(c)requires that the Comprehensive Plan and the
Community Devc lopment Code be kept current with the needs of the community.
The applicant state,that there is a current need to strengthen the city's economic base
and maintain viable oxisting General Commercial areas. This proposal encourages
redevelopment of existing General Commercial areas. Staff agrees that the proposal
could result in snore efficient development or redevelopment of existing General
G Commercial areas,assuming that adjacent residential areas are not adversely affected by
the expanried use. The applicant has not,however,submitted evidence that the City
needs to strengthen its economic base and maintain existing commercial land,and
therefore that the Comprehensive Plan policies protecting the encroachment of
commercial uses into residential areas should be suspended. The City,in fact,has a
relatively high assessed value per capita as compared to other area jurisdictions,which
reflects a healthy economic base.Staff cannot,therefore,make a finding that this policy is t
satisfied_
Citizen Involvement: 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.A request for
comments was sent to all City CIT individuals and the Planning Commission and City
Council hearings were legally advertised. In addition,the proposal was presented at all
CIT meetings during May of 1996,and comments are included in Section VI of this report.
This policy is satisfied.
Economy: Policy 5.4 states that the city shall ensure that new commercial and
industrial development not encroach into residential areas that have not been
designated for commercial and industrial uses.The proposed amendment would be
"less restrictive in allowing the expansion of existing General Commercial land uses
'adjacent to residential districts. The current restriction to not allow new General
Commercial areas in residential areas would remain in force. The expansion of existing
commercial areas would be conditional on evaluation of impacts to the residential areas.
The applicant interprets this policy as stating that land cannot be used for commercial
uses until it is designated on the Comprehensive Plan map for such uses;therefore,this
'policy is satisfied because the proposed amendment would not allow new commercial
development from encroaching into residential areas before the land has been
'j designated for this use.A quasi-judicial plan map and zone change approval would still
be needed to redesignate land for commercial use. While staff agrees that the text
amendment by itself would not cause commercial development to encroach into
residential areas,we interpret the intent of Policy 5.4 as restricting map redesignation of
residential areas to new commercial and industrial uses. Because the proposed ?,
amendment would facilitate expansion of existing General Commercial areas into
residential areas,staff cannot make a finding that this policy is satisfied.
Housing: Policy 6.1.1 requires that the city provide an opportunity for a diversity of
housing densities and residential types at various prices and rent levels.It is
primarily implemented through OAR 660-07,the Metropolitan Housing Rule. The rule
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 often units per acre.The amendment would make it easier +'
to expand existing General Commercial land use designations into multi-family residential .��
areas. This may result in more land being rezoned from residential to commercial uses, ,t
thus reducing the amount of land available to housing units. The restriction of locating
new General Commercial land in areas surrounded by residential districts,however, z r
remains unchanged.
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This proposal by itself will not cause the city to drop out of compliance with the housing
rule;and the city must review all requested quasi judicial comprehensive plan map
amendments and zone changes for compliance to the rule and make a determination
i based upon that review. The amendment would,however,provide greater opportunity for
use of land currently designated for multi-family residential to be changed to General
Commercial. This could result in the incremental loss of the opportunity for diversityof - '-
housing densities and types. For this reason,staff cannot make a finding that this policy
is satisfied. t
Tr_. 13sportation• 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. The proposed amendment would not affect the City's e
ability to maintain a safe and efficient street and roadway system. It modifies one
criteria of many for amending the Comprehensive Plan and zoning maps. An
application for such map changes to a specific property must still meet this policy by
demonstrating that expected trips will not cause an unsafe traffic situation or reduce the
levet of service of roadways below the minimum acceptable levels. This policy is
satisfied.
LocationalCriteria: Policy 12.2.1(2)(6.1)sets out the spacing and location criteria
for General Commercial land use areas. This is the section the proposed
amendment seeks to modify(see Section III above). The intent of this section is to
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protect adjacent residential districts from the impact of retail commercial activity. The
amendment would allow the expansion of existing General Commercial areas into
residential areas only in the following circumstances: If the City Council finds that the
commercial area is not surrounded on more that two sides by single-family districts;the
increased commercial area will not adversely affect the residential areas;the increased
commercial area will allow an appropriate buffer between the commercial and
surrounding residential area(s);and the commercial area is the minimum size
necessary to allow for redevelopment.
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The proposed amendment,through its provisions under section(b),seeks to retain
protection of adjacent single-family residential areas. The Comprehensive Plan in
general and this policy in particular,however,attempt to protect all residential areas '
equally from encroachment by commercial areas. This amendment assumes that multi- 2
family residential is not as deserving of the same protection as single-family resicic ntiaL
Staff believes both types should be treated equally if the City's intent is to maintain ti?s
protection of residential areas. Staff cannot,therefore,make a finding that this policy is
satisfied.
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: T
Procedures for Qgcision Making; Legislative: t
Chapter 18.30 establishes
procedures for consideration of legislative changes to the provisions of the
' Comprehensive Mian,implementing ordinances and maps. Section 18.30.120 ,
lists the factors upon which the Planning Commission and City Council shall
base their decisions. The factors and responses are as follows: "
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1. The state-wide planning goals and guidelines adopted under Oregon ;
Revised Statutes Chapter 197. These standards are addressed in Section IV
under'Statewide Goals'in this staff report. l
2. Any.federal or state statutes or guidelines found applicable. The state's
Transportation Planning Rule is addressed in Section IV under'Compliance with
Federal or State Statutes or Guidelines', i
3. Applicable plans and guidelines adopted by the Metropolitan Service
District. There are no applicable plans or guidelines adopted by Metro.
-A. The applicable comprehensive plan policies and snap. These standards are
addressed in Section IV under'Compliance with Comprehensive Plan Policies',
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S. The applicable provisions of the implementing ordinances. The
u implementing ordinances are contained in the Tigard Community Development
Code,which are addressed in this section of the staff report. -
u I 6. Consideration may also be given to proof of a change in the neighborhood
or community or a mistake or inconsistency in the comprehensive plan orMOE
implementing ordinance which is the subject of the application. The
`� z ..applicant states that the Comprehensive Plan contains a mistake by requiring t ;,'
a ` that all General Commercial map designations be surrounded on no more than
two sides by a residential district. No reason is given for the mistake argument.
Although the }t
g applicant gives no reason or substantiating information for his contention M
that a mistake_•. s mado in the Comprehensive Plan,the applicant has satisfied this
code section. It is satisfied because the first five standards have been adequately ^'
addressed in this staff report and the sixth standard is optional only.
C. DECISION
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The City Council denies the requested comprehensive plan amendment CPA 96-
0002 based upon the foregoing findings and conclusions.
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