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HomeMy WebLinkAbout08/06/2007 - Packet f i TIGARD PLANNING COMMISSION AGENDA •q • AUGUST 6, 2007 7:00 p.m. TIGARD TIGARD CIVIC CENTER—TOWN HALL 13125 SW HALL BOULEVARD TIGARD, OREGON 97223 7:00 p.m. 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:02 p.m. 3. COMMUNICATIONS 7:10 p.m. 4. APPROVE MINUTES 7:15 p.m. 5. PUBLIC HEARING 5.1 ZONE CHANGE (ZON) 2007-00008 TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE REQUEST: The applicant requests a zone change from C-G (PD) to C-G for two parcels located on the NE corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. LOCATION: 11930 & 11990 SW 72nd Avenue: WCTM 1S136DC,Tax Lots 4300 &4402. CURRENT ZONING: C-G: General Commercial District with Planned Development (PD) Overlay. PROPOSED ZONING: C-G: General Commercial District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.380, 18.390 and 18.520; Comprehensive Plan Policies 1, 2, 4, 6, 7 and 12;The Metro Urban Growth Management Plan Titles 1, 8 and 12;Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 3, 4, 5, 7, 8, 9, 11 and 12. 8:00 p.m. 6. OTHER BUSINESS 8:05 p.m. 7. ADJOURNMENT • • ti 1 ` Tigard Planning Commission - Roll Call Hearing Date: S ---to -07 Starting Time: -7 '• On r►Y.. COMMISSIONERS: j Jodie Inman (President) `/ Tom Anderson Rex Caffall Margaret Doherty I / Karen Fishel Stuart Hasman Matthew Muldoon Jeremy Vermilyea e/ David Walsh STAFF PRESENT: Dick Bewersdorff Tom Coffee Gary Pagenstecher Ligon Bunch L Cheryl Gaines John Floyd Emily Eng Duane Roberts Kim McMillan Sean Farrelly Gus Duenas Darren Wyss Phil Nachbar • • CITY OF TIGARD PLANNING COMMISSION Meeting Minutes August 6, 2007 1. CALL TO ORDER President Inman called the meeting to order at 7:00 p.m. The meeting was held in the Tigard Civic Center,Town Hall, at 13125 SW Hall Blvd. 2. ROLL CALL Commissioners Present: President Inman; Commissioners Anderson, Caffall, Doherty, Fishel, Hasman,Muldoon,Vermilyea, and Walsh Commissioners Absent: Staff Present: Dick Bewersdorff, Planning Manager; Cheryl Caines,Associate Planner; Ron Bunch,Assistant Community Development Director;Jerree Lewis,Planning Commission Secretary 3. PLANNING COMMISSION COMMUNICATIONS Ron Bunch talked to the Commission about a joint meeting with the Tree Board on August 20th. The Tree Board would like to discuss the progress they have made on an urban forest policy and regulation. Bunch reported that the second phase of the Downtown urban design is about to begin. He asked the Commission to appoint two members to serve on the Commission Advisory Team. He anticipates that this will be a 6 month effort and will result in actual Downtown design regulations. The City will hire consultants to assist with the graphic part of the hybrid code. Bunch advised that the Tigard 99 Improvement Management Plan final report has come out. City Council will receive the report in late August or early September. Dick Bewersdorff provided copies of an outline of the process for basic land use development and copies of a PowerPoint presentation on the new Planned Development Code. 4. APPROVE MEETING MINUTES Motion by Commissioner Muldoon, seconded by Commissioner Caffall, to approve the July 16, 2007 meeting minutes as submitted. The motion was approved as follows: AYES: Anderson, Caffall, Doherty, Fishel, Hasman,Inman,Muldoon,Walsh PLANNING COMMISSION MEETING MINUTES—August 6,2007—Page 1 • • NAYS: None ABSTENTIONS: Commissioner Vermilyea EXCUSED: None 5. PUBLIC HEARING 5.1 ZONE CHANGE (ZON) 2007-00008 TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE REQUEST: The applicant requests a zone change from C-G (PD) to C-G for two parcels located on the NE corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. LOCATION: 11930 & 11990 SW 72nd Avenue: WCTM 1S136DC,Tax Lots 4300 &4402. CURRENT ZONING: C-G: General Commercial District with Planned Development (PD) Overlay. PROPOSED ZONING: C-G: General Commercial District. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.350, 18.380, 18.390 and 18.520; Comprehensive Plan Policies 1, 2, 4, 6, 7 and 12;The Metro Urban Growth Management Plan Titles 1, 8 and 12; Metro Regional Framework Plan Policies 1.14 and 8.3; and Statewide Planning Goals 1, 2, 3, 4, 5, 7, 8, 9, 11 and 12. Commissioners Muldoon and Hasman reported site visits; several Commissioners advised that they frequently drive by the site. STAFF REPORT Associate Planner Cheryl Caines presented the staff report. She advised that, based on old zoning maps, the site was annexed into the City between 1981 and 1984 with the current zoning: C-G (PD). No records were found showing the actual date of annexation or the reasoning for the zoning designation. The portion of the site zoned C-G PD is approximately one acre in size. There are a few trees on one of the parcels which are both currently developed with single-family dwellings. The future development site also includes adjacent parcels zoned MUE (mixed use employment). Caines advised that removal of the PD overlay is in compliance with all applicable Comprehensive Plan policies. The zoning will not change; it will still be General Commercial; the allowed uses are the same. The Tigard Triangle Community Plan was adopted in 1999 and this site is included within that plan. When comparing the purpose statements of the Tigard Triangle and Planned Development chapters, staff found some overlap: PLANNING COMMISSION MEETING MINUTES—August 6,2007—Page 2 • • • PD: increased open space, preservation of existing landscape and amenities,walkable communities and unique neighborhoods Tigard Triangle: high quality development and providing a convenient pedestrian and bikeway system, accomplished through specific design standards such as pedestrian scale development (buildings along street), % windows & entrances along the ground floor, creative use of building materials and architectural design, bike lanes and pedestrian connections to the street The element of open space is not directly addressed in the Tigard Triangle standards; however landscaping is required. Revisions to the PD code require that 20% of the site be set aside for an open space facility. Staff believes residential development was the focus of the code revisions and that including the open space requirement for industrial/commercial developments was an oversight. Previous PDs have been approved in the Tigard Triangle, but these were sites of at least 6 acres and included sensitive lands. Because this site is about an acre prior to right-of-way dedication, has no natural features or amenities that can easily be set aside for open space and many of the standards found in the Tigard Triangle chapter promote unique developments and neighborhood character, staff recommends that the PC approve the requested zone change to remove the PD overlay. Caines advised that staff recommends approval of the request to remove the Planned Development overlay. Caines reported that there is a 15% landscaping requirement in the Tigard Triangle. A PD overlay would require an additional 20% set aside in a tract. If this request was not approved, the new PD ordinance would apply. Removal of the PD overlay would mean that future development would only need to meet the basic standards and would not come before the Planning Commission. Commissioner Walsh believes that the Planned Development Code Committee decided the new PD code would not apply to commercial property. He would like this issue to come back to the Planning Commission to see what it would take to have it removed from the PD code. Staff advised that removal of the provision would require a public hearing process for a code amendment. APPLICANT'S PRESENTATION Lans Stout,TM Rippey Engineering, 7650 SW Beveland,Tigard, OR 97223, provided background on the application. He reviewed the proposed request with the Commission. He advised that future development of the site would include a building at the corner of 72nd and Dartmouth with full-frontage improvements on the two streets. The building would be PLANNING COMMISSION MEETING MINUTES—August 6,2007—Page 3 • • for either retail or office use. It is unknown at this time what the traffic impact would be for the new development. PUBLIC TESTIMONY— IN FAVOR Debi Scott, 7085 SW Elmhurst, Tigard, OR 97223, testified that she attended the neighborhood meeting. She had questions about the entrance to the proposed development. The original application showed an entrance from Dartmouth in one direction and from 72nd' in another way. She has concerns about how the traffic will approach the development. APPLICANT'S REBUTTAL Mr. Stout said that the traffic study has not been done and the details of the development are not completely known yet. They will be worked out with the City at a later time. Staff clarified that if the applicant decides not to move ahead with the project, the removal of the PD overlay will remain on this property. Any development on this site will be reviewed and approved or denied by staff— there will not be a public hearing. Commissioner Walsh asked if any other parcels in the Tigard Triangle requested removal of the PD overlay,would they have to go through the public hearing process, even for large sites? Staff answered yes. A parcel with a PD overlay has to go to the Planning Commission for development approval. PUBLIC HEARING CLOSED Motion by Commissioner Doherty, seconded by Commissioner Hasman to approve Zone Change (ZON) 2007-00008, and adoption of findings and conditions of approval contained in the staff report and/or the testimony that has been received. The motion was approved as follows: AYES: Anderson, Caffall, Doherty,Fishel, Hasman,Inman,Muldoon,Vermilyea,Walsh NAYS: None ABSTENTIONS: None EXCUSED: None Commissioner Walsh commented that this case was an obvious oversight in how we apply the PD ordinance. He noted the intent of the PD Committee was that the PD code be applied only in residential areas; however,he believes large scale commercial developments should be covered under the PD code. He wonders how to move ahead without having each small scale development with a PD overlay come before the Planning Commission for removal of the overlay. Staff said we could amend the code to say that commercial and industrial properties are not required to do this. On the other hand,if there are resource lands or other design PLANNING COMMISSION MEETING MINUTES—August 6,2007—Page 4 • • issues,we might choose to leave the overlay. Staff advised that there are less than 10 small commercial properties left with a PD overlay. 6. OTHER BUSINESS Commissioners Hasman and Fishel agreed to serve on the new Downtown Design Committee. Commissioners Anderson and Vermilyea will be alternates. 7. ADJOURNMENT The meeting adjourned at 7:53 p.m. ll. Jerree -wis, Planning Commission Secretary off_ ATTEST: President Jodie Inman PLANNING COMMISSION MEETING MINUTES-August 6,2007-Page 5 --*"`l1 of ayl ur sup jo rrsd • ►nom irj ugeien U gels 3u01W a° 0°lob`;lulu 1u►3 a� °is�°O�do leq xrs sir 30 .mo3 uom 4orym luautt?wnol • COMMUNITY �uruur q�r,o «'Pooh s fe O u!ip[�nZ q1 pue ra Sale jo to p 4 '�� NEWSPAPERS oos anor0 01 U d M a tp lle s� l� • ai ayl uresar of�uruur o M,>'isaluo3:41°439 lua[u� motel of alai•6605 SE Lake Road, Portland,OR 97222•PO lai aseq a Jo 3 aua r 3 p►es srne0 es umO3 at{3�ulmo Box 22109•Portland, OR 97269 paloos anoa0 aro 9 Tu.'zewe uaaq Y�Ira�eD uper /l Phone:503-684-0360 Fax: 503-620-3433 /isarol `urege ping e sauanrsa�oa ayy Email: legals @commnewspapers.com S e X4r�uUejen�anr� Se aatila201 aurea s ar8 gal rn, un]�rgr..en se luau [ . 041 Cem ayl se iraM n___ �nOa UO[1Ptrrrrrrr�_�.,� AFFIDAVIT OF PUBLICATION • "" ` '' ' State of Oregon, County of Washington, SS I, Charlotte Allsop, being the first duly sworn, depose and say that I am the Accounting • Manager of The Times(serving Tigard, Tualatin & Sherwood), a newspaper of general circulation, published at Beaverton, in the aforesaid county and state, as defined by ORS 193.010 and 193.020, that City of Tigard Zone Change 2007-00008 TTI0997 a copy of which is hereto annexed,was published in the entire issue of said newspaper for 1 weeks in the following issues July 19, 2007 Char [04k- Charlotte Allsop (Accounting Man ger) July19, 2007 � OFFICIAL SEAL � .� ?% ROBIN A.BURGESS NOTARY PUBLIC-OREGON NOTARY PUBLIC FOR 04.1:25r "" COMMISSION NO.3907W My commission expires �" MY COMMISSION EXPIRES MAY 16,2009 Acct#10093001 Patricia Lunsford City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Size:2 x 11.25 Amount Due $187.87 *Remit to address above • III • M• , COMMUNITY CITY OF TIGARD SPAPEI�S C OREGON . 6605 SE Lake Road, Portland,OR 97222•PO 40: Box 22109• Portland, OR 97269 TIGARD Phone: 503-684-0360 Fax: 503-620-3433 PUBLIC HEARING ITEM Email: legals @commnewspapers.com The following will be considered by the Tigard Planning Commission on Monday August 6.2007 at 7:00 PM at the Tigard AFFIDAVIT OF PUBLICATION Civic Center-Town Hall, 13125 SW Hall Blvd.,Tigard, Oregon. Both public oral and written testimony is invited. State of Oregon, County of Washington, SS The public hearing on this matter will be conducted in accordance with the Tigard Municipal Code and the rules of procedure adopt- I, Charlotte Allsop, being the first duly sworn, ed by the Planning Commission and City Council and available at depose and say that I am the Accounting City Hall or the rules of procedure set forth in Chapter 18.390. Manager of The Times(serving Tigard, Testimony may be submitted in writing prior to or at the public Tualatin & Sherwood), a newspaper of hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the general circulation, published at Beaverton, in hearing accompanied by statements or evidence sufficient to the aforesaid county and state, as defined by afford the decision-maker an opportunity to respond to the issue ORS 193.010 and 193.020, that precludes appeal to the Land Use Board of Appeal based on that issue. Failure to specify the criterion from the Community City of Tigard Development Code or Comprehensive Plan at which a comment is Zone Change 2007-00008 directed precludes an appeal based on that criterion. TT10997 A copy of the application and all documents and evidence submit- ted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. If you want to inspect the file, a copy of which is hereto annexed, was please call and make an appointment with either the project plan- published in the entire issue of said ner or the planning technicians. A copy of the staff report will be newspaper for made available for inspection at no cost at least seven (7) days 1 prior to the hearing, and copies for all items can also be provided weeks in the following issues at a reasonable cost. Jul 19, 2007 Further information may be obtained from the Planning Division July , (staff contact: Cheryl Caines, Associate Planner) at 13125 SW Hall Blvd.,Tigard,Oregon 97223,by calling 503-639-4171,or by email to cherylcna,tigard-or.gov. Char[ ` ZONE CHANGE(ZON)2007-00008 Charlotte Allsop(Accounting Man ger) -TLB,LLC PLANNED DEVELOPMENT MENT OVERLAY ZONE- REQUEST: The applicant requests a zone change from C-G(PD) � July19, 2007 to C-G for two parcels located on the NE corner of SW 72n Avenue and SW Dartmouth Street. Removal of the Planned �� Development(PD)overlay eliminates the requirement for a public 6 hearing process and to meet current PD standards. Any future NOTARY PUBLIC FOR O ON development must still meet all other applicable development stan- dards including the TigarddTriangle design criteria. LOCATION: My commission expires 11930 & 11990 SW 72n Avenue: WCTM 1S136DC, Tax Lots 4300&4402. CURRENT ZONING: C-G: General Commercial District with Planned Development (PD) Overlay. PROPOSED ZONING: C-G: General Commercial District. APPLICABLE Acct#10093001 REVIEW CRITERIA: Community Development Code Chapters Patricia Lunsford 18.350, 18.380, 18.390 and 18.520; Comprehensive Plan Policies City of Tigard 1, 2, 4, 6, 7 and 12;The Metro Urban Growth Management Plan Y 9 Titles 1, 8 and 12; Metro Regional Framework Plan Policies 1.14 13125 SW Hall Blvd. and 8.3;and Statewide Planning Goals 1,2,3,4,5,7,8,9, 11 and Tigard, OR 97223 12. Publish 07-19-2007 TT10997 Size:2 x 11.25 — _ _ Amount Due $187.87 `___ ' — —J /f vletNrr'M`"' 'Remit to address above -+ _ I 1 - '—�� r ! - FJ 1_ zorr_oor-awus ' - \ _1 i 1 — -- — —ml!LLC 1 I -i� PL1}iNL'D l — _ - OVERLOPTQNr fj) � O�TRL1l-ZONL�Ct r _ —lilt '—sT — �__. 1 am7rt:- __..... i h i1 {. 1 ,: - - _ -1- = .i :� I Yp»_ ,� . t IL__- X71 ( t �� - _ ,� - F I i Tigard Planning Commission ∎'cw`(4o 5) Agenda Item # 5. 1 Page 1 of Date of Hearing S Case Number(s) 2 O/V a 007- 60065' Case Name 77.1 LLG f%`I'lec/ ei4 / O✓e,-/ei ' Zvr,e_ CLra��c- Location /19 3 sep l l 9'9 0 If you would like to speak on this item, please PRINT your name, address, and zip code below: Proponent (for the proposal): Opponent (against the proposal): Name: LA.45 sib Name: Address: . co So s verve Address: City, State, Zip: 114,g u' , cj Z Zu City, State, Zip: Name: c, v J f p r C2Q Name: Address: 1 L k i 3w- F R, M/c,U"2,+14 14- Address: City, State, Zip: pp�^}-(a N 4 Q f on -0 Li City, State, Zip: Name: fiditr,ce ' be_ c Name: Address: egS" Su El"--1 44,3, Address: City, State, Zip: -T t S ev, ��X-4,3 City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: Name: Name: Address: Address: City, State, Zip: City, State, Zip: • • • • NOTICE OF FINAL ORDER NO. 2007-04 PC 'I BY THE PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD A FINAL ORDER APPROVING A LAND USE APPLICATION FOR A ZONE CHANGE TO REMOVE THE PLANNED DEVELOPMENT OVERLAY. THE COMMISSION HELD A PUBLIC HEARING TO RECEIVE TESTIMONY ON THIS APPLICATION ON AUGUST 6TH, 2007. THE PLANNING COMMISSION HAS BASED THEIR DECISION ON THE FACTS, FINDINGS AND CONCLUSIONS DESCRIBED IN FURTHER DETAIL WITHIN THIS FINAL ORDER. 120 DAYS = 10/16/2007 SECTION I. APPLICATION SUMMARY FILE NO.: Zone Change (ZON) ZON2007-00008 FILE NAME: TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE PROPOSAL: The applicant requests a zone change from GG (PD) to GG for two parcels totaling approximately 1 acre located on the NE corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. APPLICANT & TLB,L.L.C. APPLICANT'S T M.Rippey Consulting Engineers OWNER Attn: Jim Lampus REP.: Attn: Lans Stout P.O.Box 25716 7650 SW Beveland St.,Suite 100 Portland, OR 97298-0716 Tigard,OR 97223 LOCATION: 11930 &11990 SW 72nd Avenue;WCTM 1S136DC,Tax Lots 4300 and 4402. CURRENT ZONE: GG: General Commercial District (PD). The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Citywide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.A wide range of uses,including but not limited to adult entertainment,automotive equipment repair and storage mini-warehouses, utilities, heliports medical centers, major event entertainment,and gasoline stations,are permitted-conditionally. PROPOSED ZONE: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a Citywide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.A wide range of uses,including but not limited to adult entertainment,automotive equipment repair and storage muu:warehouses, utilities, heliports, medical centers, major event entertainment,and gasoline stations,are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; and Comprehensive Plan Policies 1,2,4,6,rand 12. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 1 OF 10 PLANNING COMMISSION FINAL ORDER NO.207-04 PC • • SECTION IL PLANNING COMMISSION'S DECISION The Planning Commission finds that the proposed Zone Grange meets the approved standards as outlined in this Final Order and will not adversely affect the health, safety and welfare of the City. The Planning Commission,therefore,APPROVES the requested Zone Change.• SECTION III. BACKGROUND INFORMATION Site History&Information Based on zoning maps, the site was not within the Tigard City Limits in 1981. A 1983 Zoning Map shows the site within Tigard and zoned C-G (PD) as it is now. These maps show that several adjacent parcels were brought in at the same time under the same zoning. No fires could be found pertaining to the annexation or why the parcels were zoned with a Planned Development overlay. A search of City records did not uncover any land use applications that are not related to the applicant's plans to develop the site. Tax lot 4300 had several Code E nforcement Actions for an illegal business that has since ceased operation. Vicinity Information The site is located within the Tigard Triangle, which is an overlay zone applied to create a high quality, mixed use employment area. Design requirements for this area include budmg placement near the street round floor window requirements and articulation along street frontages. Zoning in the area is a mix of GG 'PD) like the subject properties and MUE (Mixed Use Employment). Properties to the north are zones MUE and improved with single-family homes. The site to the east is GG (PD) and site development for a proposed office building has begun on it. Across 72nd Avenue and Dartmouth Street the properties are also zoned GG (PD). On the northwest corner of the intersection is an existing retail plaza. All other properties at the intersection are vacant. Many of the sites within the Triangle are being re-developed and converted from residential to commercial uses. Site Information and Proposal Description The two parcels within the proposed zone change total approximately one acre, but the future development site also includes two parcels to the north. That site area, including all four parcels is about 1.65 acres. No sensitive lands exist on the site. Both parcels slope gently to the sothwest. There are a few trees remaining on the southernmost parcel,tax lot 4402. The applicant is requesting approval to change the existing zone from General Commercial with Planned Development overlay{GG (PD)} to General Commercial (GG) with no PD overlay. Plans are to build a new commercial development. Any proposed development must still meet all applicable development standards and the design requirements outlined for sites within the Tigard Triangle. Other options were considered to address the PD overlay, including g development under the PD criteria, change the entire site to MUE through a Comprehensive Plan Amen nt/Zone Change or modify the PD code addressing the difficulty of developing a commercial site under the current standards. Summary of Issues • Removal of the Planned Development overlay is not out of compliance with any Comprehensive Plan policies as shown in this report. • Since the site was originally zoned, changes have occurred to the development code that make the PD overlay irrelevant or redundant. These include the adoption of the Tigard Triangle design standards and recent revisions to the Planned Development chapter. • Purpose statements of the Planned Development chapter speak to increased open space, preservation of existing landscape and amenities, walkable communities and unique neighborhoods. The purpose statement of the Tigard Triangle includes some of the same design principles. For this site there is little landscaping and no natural feature such as a stream or wetland to protect. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 2 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • • Open space for such a small site is not normally practical. Staff believes the requirement for open space in commercial and industrial PDs, especially for small parcels,was an oversight. The Planning Commission and PD Committee focus was on residential development during the code revision. Open space requirements for commercial and industrial development were not discussed. Including these types of development in the open space requirement was an oversight. The two parcels zoned PD are approximately one acre. Land will be dedicated along 72nd and Dartmouth to install street improvements and provide reserve right-of-way for signalization improvements to the busy intersection at 72nd and Dartmouth. These dedications decrease the usable area of the site. • Planned Developments approved in the GG (PD) zone include Costco, Babies R Us and the Win Co shopping center. These sites are all 6 acres or more, are within or near sensitive lands and were approved prior to the adoption of the Tigard Triangle and revised PD standards.. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Statewide Planning Goals, Metro Urban Growth Management Plan and Metro Regional Framework Plan iolicies are not applicable to this land use decision. N'o changes are proposed i to the Comprehensive Plan and the land use action requested is not legislative. Tigard Development Code Chapter 18.380 Section 18.380.030.A states that the Commission shall decide zone change applications which do not involve comprehensive plan map amendments. Section 18.380.030.B states that 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: Section 18.380.030.B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations. Both GG (PD) and GG zoning are treated as General Commercial under the Tigard Comprehensive Plan. The applicable Comprehensive Plan Polices are as follows: COMPREHENSIVE PLAN POLICIES 1. GENERAL POLICIES 111a The city shall ensure that this comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District; Implementation Strategies 1. The Comprehensive Plan Future Land Use Map in the Official Zoning District map will reflect the plan policies and apply land use categories in the following manner. f.General Commercial- Refers to areas for auto-oriented and related commercial uses located along major trafficways. The applicable zoning district is General Commercial(C-G). The proposed zone change from GG (PD) to GG complies with the Comprehensive Map designation of "General Commercial" because the GG zoning district implements the General Commercial Comprehensive Plan Designation. Removal of the PD overlay would not amend the comprehensive plan and is not a legislative change. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 3 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • 2. CITIZEN INVOLVEMENT: 2.1.1 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 applicant's representative sent out notices to surrounding property owners and neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on February 26, 2007 in accordance with the City of Tigard s neighborhood meeting notification process. According to the minutes of the neighborhood meeting, three neighbors were in attendance. Discussion related to the necessity of the proposed zone change and the relevance to the future development. No objections were given to the proposed zone change. In addition,the City has mailed notice of the Planning Commission hearing to property owners within 500 feet of the subject site, interested citizens, and agencies, and published notice of the hearing pursuant to TDC 18.390.050 for Type III Procedures. FINDING: With these public involvement provisions and the applicant's documented participation, the proposed zone change is consistent with applicable Citizen Involvement policies. 4. AIR, WATER AND LAND RESOURCES QUALITY: 4.2.1 All development within the Tigard urban planning area shall comply with applicable federal, state and regional water quality standards,including those contained in the Clean Water Services' Design andtonstruction anual. (rev. Ord. 02-15) 4.3.1 The city shall: A. Require development proposals located in a noise congested area or a use which creates noise in excess of the applicable standards to incorporate the following into the site plan: 1. Building placement on the site in an area where the noise levels will have a minimal impact; or 2. Landscaping and other techniques to lessen noise impacts to levels compatible with the surrounding land uses. B. Coordinate with DEQ in its noise regulation program and apply the Vol. Ii, policy 4-4 • DEQ land use compatibility program. C. Where applicable require a statement from the appropriate agency(prior to the approval of a land use proposal) that all applicable standards can be met. Removal of the PD overlay will not change the standards related to water quality or noise standards. All new developments within the City of Tigard are required to collect and treat storm run-off water for the site utilizin Clean Water Services design standards. Noise level allowances are regulated by the Tigard Municipal code 7.40.130 through 7.40.210. During pre-application meetings held for future site development, the applicant has proposed retail and office uses. Tese are not uses which create excessive noise. They are also the same type of uses already existing on many surrounding properties as the neighborhood continues to change from residential to commercial. Buffering will be required where future commercial development occurs adjacent to a residential use. 5. ECONOMY: 5.1 The City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Because the underlying zone remains General Commercial, all the allowed uses will be the same. The PD overlay does not provide more growth opportunities for the local job market. Due to the constraints outlined within the PD code,the applicant states that removal of the'PD will allow the site to develop in a manner that will increase economic activity. 5.4 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 uses. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 4 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • There are residential uses northeast of the site. The area is currently zoned for commercial development and many sites in the area have been re-developed with commercial uses. Any proposed commercial development on the site will not be encroaching into residential zones. Buffering and screening will be required next to these existing residences if the site is developed with a commercial use. FINDING: The proposed zone change is consistent with the applicable Economic policies. 7. PUBLIC FACILITIES AND SERVICES: 7.1.2 The City shall require as a pre-condition to development approval that; a. Development coincide with the availability of adequate service capacity including: 1. Public water, 2. Public sewer shall be required for new development within the city unless the property involved in over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained; and 3. Storm drainage. b. The facilities are: 1. Capable of adequately serving all intervening properties and the proposed development; and 2. Designed to city standards. c. All new development utilities to be placed underground. According to City maps, storm, sanitary sewer, and water are all available at the corner of 72nd and Dartmouth. The proposed use of the site, subject to approval of this zone change request, will undergo site development review to ensure that public facilities and services are adequate, capable of serving the properties, and designed to city standards. FINDING: The proposed zone change is consistent with the applicable Public Facilities and Services policies. 8. TRANSPORTATION: Transportation System 8.1.1 Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard by: a. Proper location and design of transportation facilities. b. Encouraging pedestrian accessibility by providing safe, secure and desirable pedestrian routes. c. Addressing issues of excessive speeding and through traffic on local residential streets through a neighborhood traffic program. The program should address corrective measures for existing problems and assure that development incorporates traffic calming. 8.1.2 Provide a balanced transportation system, incorporating all modes of transportation (including motor vehicle,bicycle,pedestrian,transit and other modes) by: a. The development of and implementation of public street standards that recognize the multi-purpose nature ofpthe street right-of-way for utility, pedestrian, bicycle, transit,truck and auto use. b. Coordination with Tri-met, and/or any other transit providers serving Tigard, to improve transit service to Tigard. Fixed route transit will primarily use arterial and collector streets in Tigard. Development adjacent to transit routes will provide direct pedestrian accessibility. c. Construction of bicycle lanes on all arterials and collectors within Tigard consistent with the bicycle master. All schools, parks, public facilities and retail areas shall strive to have direct access to a bikeway. d. Construction of sidewalks on all streets within Tigard. All schools parks, public facilities and retail areas shall strive to have direct access to a sidewalk. e. Development of bicycle and pedestrian plans which link to recreational trails. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 5 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • f. Design local streets to encourage a reduction in trip length by providing connectivity and limiting out-of-direction travel and provide connectivity to activity centers and destinations with a priority for bicycle and pedestrian connections. g. Tigard will participate in vehicle trip reduction strategies developed regionally targeted to achieve non-single occupant vehicle levels outlined in Table 1.3 of the Regional Transportation Plan. h. Tigard will support the development of a commuter rail system as part of the regional transit network. 8.1.4 Set and maintain transportation performance measures that: a. Set a minimum intersection level of service standard for the City of Tigard and requires all public facilities to be designed to meet this standard. b. Set parking ratios to provide adequate parking,while providing an incentive to limit the use of�e single occupant vehicle. c. Encourage working with other transportation providers in Washington County, including Tri-Met,Metro and ODOT to develop, operate and maintain intelligent transportation systems, including coordination of trattic. 8.2 Trafficways 8.2.1 The city shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. 8.2.2 The city shall provide for efficient management of the transportation planning process within the city and the metropolitan area through cooperation with other federal, state, regional and local jurisdictions. 8.2.3 The city shall require as a precondition to development approval that: A. Development abut a publicly dedicated street or have adequate Access approved by the appropriate approval authority; B. Street right-of-way be dedicated where the street is substandard in width; C. The developer commit to the construction of the streets, curbs And sidewalks to city standards within the developmen D. Individual developers participate in the improvement of existing streets, curbs and sidewalks to the extent o1 the developments impacts- E. Street improvements be made and street signs or signals provided when the development is found to create or intensify a traffic hazard; F. Transit stops, bus turnout lanes and shelters be provided when the proposed use of a type which generates transit ridership; G. Parking spaces be set aside and marked for cars operated by disabled ersons and that the spaces be located as close as possible to the entrance designediror disabled persons; and H. Land be dedicated to implement the bicycle/pedestrian corridor in accordance with the adopted plan. The Transportation Goal policies and implementation strategies are largely directed at the City and include objectives that create the framework for ensuring that the transportation system is adequate for all modes of travel at the time development occurs. These objectives are implemented by the Development Code standards that apply during development review. None of the minimum requirements for streets, access or parking would be different if the site were developed as a Planned Development. As stated in the applicant's narrative,the proposed subsequent development will require a traffic study. At a minimum this study must address site distance for access points, peak period vehicle trips and the development's affect on nearby entry/exit ramps for Interstate 5. The City will require additional dedication of land and street improvements to meet current standards along. Clinton Street, Dartmouth Street and 72"' Avenue. In addition funds will be collected that will contnbute to the signalization of the Dartmouth/68th intersection and Dartmouth/72nd intersection. However,these requirements will be addressed under Site Development Review. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 6 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • The future commercial project is likely to generate increased transit ridership. Tri-Met bus route 78 serves the subject site with a bus stop located at the intersection of 68th Parkway and Dartmouth Street. Any future development must include pedestrian connections such as a sidewalk or plaza. Sidewalks are currently not constructed to connect this site with the bus line along 68th Parkway, but will happen with future development. All on-site parking and circulation for any proposed development will be done to City specifications as required by the Tigard Development Code. Maximum parking regulations will limit the amount of parking provided to encourage use of alternative modes of transportation. FINDING: As shown in the foregoing analysis, the City's Comprehensive Plan Transportation Polices have been met. 9. ENERGY: 9.1.3 The City shall encourage land use development which emphasizes sound energy conservation, design and construction. IMPLEMENTATION STRATEGIES 3. The City shall locate higher densities and intensities of land use in proximity to existing and potential transit routes specifically with convenient access to federal and state highways,arterials and major collector streets. 8. The City shall coordinate with and support public and private planning efforts that advocate alternative forms of transportation such as mass transit, carpooling, ride share, bicycling and walking for commuter purposes. The site is located at the corner of 72nd Avenue and Dartmouth Street which is within 1/4 mile of an I-5 interchange. State Highway 99 is less than '/z mile to the north. Another arterial (68th Parkwa)) is within two blocks of the site. The proposed removal of the PD overlay would not change the allowed uses on the site. Tigard Development Code standards such as maximum parking and required bicycle parking will encourage the use of alternative forms of transportation. These criteria are reviewed during the Site Development Review process. FINDING: The proposed zone change will have no effect on the efficient use of the transportation system to conserve energy and will remain consistent with the applicable Energy policies. 12. LOCATIONAL CRITERIA: 12.2 COMMERCIAL 12.2.1 The City shall: a. Provide for commercial development based on the type of use, its size and required trade area. b. Apply all applicable plan policies. c. Apply the appropriate locational criteria applicable to the scale of the project. 2. General Commercial General Commercial areas are intended to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service,wholesale and repair services or provide services to the traveling public.The uses range from automobile repair and-services,supply and equipment stores,vehicle sales,drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street. A. Scale 1' Trade Area.Varies. 2) Site Size. Depends on development. 3) Gross Leasable Area. Varies. B. ocational Criteria TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 7 OF 10 PLANNING OOMIvIISSION FINAL ORDER NO.2007-04 PC • • (1) Spacing and Location (a) The commercial area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity,existin and projected traffic volumes,the speed limit, number of turning movements and the traffic generating characteristics of the various types of uses. b) The site shall have direct access from a major collector or arterial street. c) Public transportation shall be available toe site or general area. (3) ite Characteristics (4) ia) The site shall be of a size which can accommodate present and projected uses. b) The site shall have high visibility. mpact Assessment (a)-The scale of the project shall be compatible with the surrounding uses. (b) The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights, noise and activities shall not interfere with adjoining non- residential uses. The site is not located near residential zones although residential uses do currently exist near the site. Because the site is at the intersection of a collector and an arterial access is not required through a residential neighborhood. The site is appropriate for some uses allowed'in the GG zone such as office and less intense retail uses. The site is approximately 1.65 acres, including.two parcels to the north zoned MUE. Buffering will be required along any parcels currently used as residences. The proposed lighting will be reviewed during Site Development Review to insure there are no adverse off-site impacts. The lot coverage, site design standards, and landscaping requirements of the Tigard Development Code will limit the scale of the development. The site slopes to the northeast but does not contain any unique natural features that should be considered in the development plan. FINDING: Based on the analysis above, the applicable Comprehensive Plan policies outlined above have been adequately addressed. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and The proposed zone change does not include a specific development roposal at this time. However,during Site Development Review, any new development win be required to meet all of the current Tigard Development Code standards of the GG zone. 18.380.030.B.3 Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. Staff reviewed the zoning history of the site utilizing old zoning maps and searching City records. The site - was shown on a 1981 zoning map as outside the city limits. A1984-zoning map shows the site zoned GG (PD). No City records were found pertaining to the annexation or zoning of the parcels. The applicant states that the City was experiencing development of the area west of 72nd and utilized the PD overlay as a way to ensure high-quality development in the area. In 1999 the Ci adopted the Tigard Triangle Design Standards for the area lying between Hlhway 99 Interstate 5 and Highway 217. These standards adopted guiding principles to create a high-griaity mixed use employment area, provide a convenient pedestrian and bikeway system and utilize streetscapes for a quality image. Over the years the Triangle area has been redeveloping_ an area with lamer retail uses such as Costco and WinCo grocery along with large and small scale office buildings. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 8 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC In 2006 the City adopted revisions to the Planned Development chapter of the Tigard Development Code. These changes included a requirement to provide shared open space (20% of the ross site area). The open space can consist of minimal, passive or active use facilities. The applicant states that the amendments to the PD chapter are not relevant to commercial development, particularly on sites without unusual development constraints. FINDING: The foregoing analysis demonstrates that there has been a significant change in the neighborhood now known as the Tigard Triangle. Removal of the Planned Development overlay does not result in an inferior development. The design standards put in place through the adoption of the Tigard Triangle insure high quality development. There is no apparent evidence of a mistake or inconsistency in the comprehensive plan or zoning map. SECTION V. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS Tualatin Valley Water District has reviewed the proposal and has no objections. The Tigard Police were notified of the proposed amendment and have no objections to it. The Tigard Long Range Planning Division, the Engineering Division, Clean Water Services and Metro was notified of the proposed amendment but did not respond. SECTION VI. STAFF ANALYSIS Based on the information above the proposed zone change complies with the applicable Comprehensive Plan policies. Staff finds that the proposed zone change from GG (PD) to GG does not reduce the likelihood of a high-quality development on the site. The design standards adopted for the Tigard Triangle will provide pedestnan scale development. Required pedestrian connections and bike lanes will increase accessibility and encourage use of public transportation and bicycles. Design standards that require the buildings be placed at intersections the.parking is provided along the side or rear, and the creative use of building materials and architectural design to produce neighborhood character. In the early 1990's Staff was proceeding to remove the PD overlay for existing zones since the PD process was largely redundant. Reassignment of priorities discontinued that process. The element of open space is not specifically addressed by the Triangle standards but at least fifteen percent of the site must be landscaped to meet GG standards. The applicant writes that the PD standards are not readily applicable to commercial sites without unusual development constraints. Staff believes this is an inadvertent consequence of drafting code language that was intended for residential development. The subject site is approximately 1.65 acres including the two parcels zoned MUE. Each parcel is currently developed with a single-family residence. There are no natural features of amenities on the site that would easily be preserved as open space for the neighborhood. Prior to the PD revisions and adoption of the Triangle standards, three other sites were approved through the PD process. These were all large sites of at least 6 or more acres and included or were adjacent to sensitive lands. This site is approximately one acre and has no unique natural features. Staff recommends the Planning Commission approve the requested zone change to remove the Planned Development overlay. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 9 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC • • SECTION VII. CONCLUSION The City of Tigard Planning Commission has APPROVED, Zone Change (ZON2007-00008) - TLB, LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE. IT IS FURTHER ORDERED THAT THE APPLICANT AND ALL PARTIES TO THESE PROCEEDINGS BE NOTIFIED OF THE ENTRY OF THIS ORDER PASSED: THE 6TH DAY OF AUGUST, 2007 BY THE CITY OF TIGARD PLANNING COMMISSION. Jody Inman,City of Tigard Planning Commission President Dated this et•ti day of August,2007. TLB,LLC ZONE CHANGE(ZON2007-00008) PAGE 10 OF 10 PLANNING COMMISSION FINAL ORDER NO.2007-04 PC CITY of TIGARD G\��G GEOGRAPHIC INFORMATION SYSTEM QP VICINITY MAP - —ATLAN_ A I ST ZON2007--00008 TLB LLC Q DEVELOPMENT NNED BAYLOR ST DEVELOPMENT i OVERLAY 11111111•111111 ■ C AN mo 11111 ST LEGEND: CLINTON j- - SUBJECT SITE Adh\ co • f" r AY�gR`F ll) an- Q DARTMOUTH ST ay' � •�� 11 allarala �tt"J[[MT rip, rG P ±.ti G� SONnA U I. wBEEF SEND au DURHAM j RD Tigard Area Map pewee I I OSO ST ELMHURST I N 0 100 200 300 400 500 Feet co 1"0 384 foot HERM to ci w Wqy � @ and co . . _RA_■KLI ST Information on this mop Is for onorol location only and should bo verified with the Development Services Division. B 13125 SW Hall Blvd EVEL4ND RD ■■ Tigard,OR 97223 _ I /ww 8 Lti ard. httpalwww.cLtlgerd.or.us Community Development Plot date:Jul 19,2007;C:\magic\MAGIC03.APR • • Agenda Item: 5.1 Hearing Date: August 6,2007 Time: 7:00 PM STAFF REPORT TO THE V PLANNING COMMISSION FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = 10/16/2007 SECTION I. APPLICATION SUMMARY FILE NO.: Zone Change(ZON) ZON2007-00008 FILE NAME: TLB,LLC PLANNED DEVELOPMENT OVERLAY ZONE CHANGE PROPOSAL: The applicant requests a zone change from GG (PD) to GG for two parcels totaling approximately 1 acre located on the NE corner of SW 72nd Avenue and SW Dartmouth Street. Removal of the Planned Development (PD) overlay eliminates the requirement for a public hearing process and to meet current PD standards. Any future development must still meet all other applicable development standards including the Tigard Triangle design criteria. APPLICANT & TLB,L.L.C. APPLICANT'S T M.Rippey Consulting Engineers OWNER: Attn: Jim Lampus REPRESENTATIVE: Atm: Lans Stout P.O. Box 25716 7650 SW Beveland St.,Suite 100 Portland, OR 97296 Tigard,OR 97223 LOCATION: 11930 &11990 SW 72nd Avenue;WCTM 1S136DC, Tax Lots 4300 and 4402. CURRENT • ZONE: GG: General Commercial District (PD). The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.A wide range of uses,including but not limited to adult entertainment,automotive equipment repair and storage mini-warehouses, utilities, heliports medical centers, major event entertainment,and gasoline stations,are permitted-conditionally. PROPOSED ZONE: GG: General Commercial District. The GG zoning district is designed to accommodate a full range of retail, office and civic uses with a City-wide and even regional trade area. Except where non-conforming, residential uses are limited to single-family residences which are located on the same site as a permitted use.A wide range of uses,including but not limited to adult entertainment,automotive equipment • repair and storage muu:warehouses, utilities, heli orts medical centers, major event rm entertainment,and gasoline stations,are pelttedpconc itionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390 and 18.520; and Comprehensive Plan-Policies 1,2,4,6,rand 12. SECTION II. STAFF RECOMMENDATION Staff recommends that the Planning Commission Approve the requested Zone Change. STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 1 OF 9 • • SECTION III. BACKGROUND INFORMATION Site History&Information Based on zoning maps,the site was not within the Tigard City Limits in 1981. A 1983 Zoning Map shows the site within Tigard and zoned GG (PD) as it is now. These maps show that several adjacent parcels were brought in at the same time under the same zoning. No fifes could be found pertaining to the annexation or why the parcels were zoned with a Planned Development overlay. A search of City records did not uncover any land use applications that are not related to the applicant's plans to develop the site. Tax lot 4300 had several Code E nforcement Actions for an illegal business that has since ceased operation. Vicinity Information The site is located within the Tigard Triangle, which is an overlay zone applied to create a high quality, mixed use employment area. Design requirements for this area include build-mg placement near the street Cground floor window requirements and articulation along street frontages. Zoning in the area is a mix of G (PD) like the subject properties.and MUE (Mixed Use Employment). Properties to the north are zoned MUE and improved with single-family homes. The site to the east is GG (PD) and site development for a proposed office building has begun on it. Across 72nd Avenue and Dartmouth Street the properties are also zoned GG (PD). On the northwest corner of the intersection is an existing retail plaza. All other properties at the intersection are vacant. Many of the sites within the Triangle are being re-developed and converted from residential to commercial uses. Site Information and Proposal Description The two parcels within the proposed zone change total approximately one acre, but the future development site also includes two parcels to the north. That site area, including all four parcels, is about 1.65 acres. No sensitive lands exist on the site. Both parcels slope gently to the sohwest. '))mere are a few trees remaining on the southernmost parcel,tax lot 4402. The applicant is requesting approval to change the existing zone from General Commercial with Planned Development overlay{GG (PD)} to General Commercial (GG) with no PD overlay. Plans are to build a new commercial development. Any proposed development must still meet all applicable development standards and the design requirements outlined for sites within the Tigard Triangle. Other options were considered to address the PD overlay, including development under the PD criteria, change the entire site to MUE through a Comprehensive Plan Amen nt/Zone Change or modify the PD code addressing the difficulty of developing a commercial site under the current standards. Summary of Issues • Removal of the Planned Development overlay is not out of compliance with any Comprehensive Plan policies as shown in this report. • Since the site was originally zoned changes have occurred to the development code that make the PD overlay irrelevant or redundant. These include the adoption of the Tigard Triangle design standards and recent revisions to the Planned Development chapter. • Purpose statements of the Planned Development chapter speak to increased open space, preservation of existing landscape and amenities, walkable communities and unique neighborhoods. The purpose statement of the Tigard Triangle includes some of the same design principles. For this site there is little landscaping and no natural feature such as a stream or wetland to protect. • Open space for such a small site is not normally practical. Staff believes the requirement for open space in commercial and industrial PDs, especially for small parcels,was an oversight. Mie Planning Commission and PD Committee focus was on residential development during mi the code revision. Open space requirements for commercial and industrial development were not discussed. Including these types of development in the open space requirement was an oversight. The two parcels zoned PD are approximately one acre. land will be dedicated along 72nd and Dartmouth to install street improvements and provide reserve right-of-way for s tion improvements to the busy intersection at 72 and Dartmouth. These dedications decrease�ble area of the site. STAFF REPORT TO THE PLANNING COMMISSION 8-62007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 2 OF 9 • • • Planned Developments approved in the GG (PD) zone include Costco, Babies R Us and the Win Co shopping center. These sites are all 6 acres or more, are within or near sensitive lands and were approved prior to the adoption of the Tigard Triangle and revised PD standards. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Statewide Planning Goals, Metro Urban Growth Management Plan and Metro Regional Framework Plan Iolicies are not applicable to this land use decision. N'o changes are proposed i to the Comprehensive Plan and the land use action requested is not legislative. Tigard Development Code Chapter 18.380 Section 18.380.030.A states that the Commission shall decide zone change applications which do not involve comprehensive plan map amendments. Section 18.380.030.B states that 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: Section 18.380.030.B.1 Demonstration of compliance with all applicable comprehensive plan policies and map designations. Both GG (PD) and GG zoning are treated as General Commercial under the Tigard Comprehensive Plan. The applicable Comprehensive Plan Polices are as follows: COMPREHENSIVE PLAN POLICIES 1. GENERAL POLICIES 111a The city shall ensure that this comprehensive plan and all future legislative changes are consistent with the statewide planning goals adopted by the Land Conservation and Development Commission, the Regional Plan adopted by the Metropolitan Service District; Implementation Strategies 1. The Comprehensive Plan Future Land Use Map in the Official Zoning District map will reflect the plan policies and apply land use categories in the following manner: f. General Commercial- Refers to areas for auto-oriented and related commercial uses located along major trafficways. The applicable zoning district is General Commercial(C-G). The proposed zone change from GG (PD) to GG complies with the Comprehensive Map designation of "General Commercial" because the GG zoning district implements the General Commercial Comprehensive Plan Designation. Removal of the PD overlay would not amend the comprehensive plan and is not a legislative change. 2. CITIZEN INVOLVEMENT: 2.1.1 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 applicant's representative sent out notices to surrounding property owners and neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on February 26, 2007 in accordance with the City of Tigard s neighborhood meeting notification process. According to the minutes of the neighborhood meeting, three ne ghbors were in attendance. Discussion related to the necessity of the proposed zone change and the relevance to the future development. No objections were given to the proposed zone change. STAFF REPORT TO THE PLANNING OOMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 3 OF 9 • • In addition,the City has mailed notice of the Planning Commission hearing to property owners within 500 feet of the subject site, interested citizens, and agencies, and published notice of the hearing pursuant to TDC 18.390.050 for Type III Procedures. FINDING: With these public involvement provisions and the applicant's documented participation, the proposed zone change is consistent with applicable Citizen Involvement policies. 4.AIR,WATER AND LAND RESOURCES QUALITY: 4.2.1 All development within the Tigard urban planning area shall comply with applicable federal, • state and regional water quality standards, including those contained in the Clean Water Services' Design andConstruction anual. (rev. Ord. 02-15) 4.3.1 The city shall: A. Require development proposals located in a noise congested area or a use which creates noise in excess of the applicable standards to incorporate the following into the site plan: 1. Building placement on the site in an area where the noise levels will have a minimal impact; or 2. Landscaping and other techniques to lessen noise impacts to levels compatible with the surrounding land uses. B. Coordinate with DEQ in its noise regulation program and apply the Vol. Ii,policy 4-4 DEQ land use compatibility program. C. Where applicable require a statement from the appropriate agency(prior to the approval of a land use proposal) that all applicable standards can be met. Removal of the PD overlay will not change the standards related to water quality or noise standards. All new developments within the City of Tigard are required to collect and treat storm run-off water for the site utilizing_Clean Water Services design standards. Noise level allowances are regulated by the Tigard Municipal Ude 7.40.130 through 7.40. 210. During pre-application meetings held for future site development, the applicant has proposed retail and office uses. Tese are not uses which create excessive noise. They are also the same type of uses already existing on many surrounding roperties as the neighborhood continues to change from residential to commercial. Buffering will-be required where future commercial development occurs adjacent to a residential use. 5. ECONOMY: 5.1 The City shall promote activities aimed at the diversification of the economic o portunities available to Tigard residents with particular emphasis placed on the growth of the local job market. Because the underlying zone remains General Commercial, all the allowed uses will be the same. The PD overlay does not provide more growth opportunities for the local Lob market. Due to the constraints outlined within the PD code,the applicant states that removal of the PD will allow the site to develop in a manner that will increase economic activity. 5.4 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 uses. There are residential uses northeast of the site. The area is currently zoned for commercial development and many sites in the area have been re-developed with commercial uses. Any proposed commercial development on the site will not be encroaching into residential zones. Buffering and screening will be required next to these existing residences if the site is developed with a commercial use. FINDING: The proposed zone change is consistent with the applicable Economic policies. STAFF REPORT TO THE PLANNING COMMISSION 8-62007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 4 OF 9 • • 7. PUBLIC FACILITIES AND SERVICES: 7.1.2 The City shall require as a pre-condition to development approval that; a. Development coincide with the availability of adequate service capacity including: 1. Public water, 2. Public sewer shall be required for new development within the city unless the property involved in over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained; and 3. Storm drainage. b. The facilities are: 1. Capable of adequately serving all intervening properties and the proposed development; and 2. Designed to city standards. c. All new development utilities to be placed underground. According to City maps, storm, sanitary sewer, and water are all available at the corner of 72nd and Dartmouth. The proposed use of the site, subject to approval of this zone change request, will undergo site development review to ensure that public facilities and services are adequate, capable of serving the properties, and designed to city standards. FINDING: The proposed zone change is consistent with the applicable Public Facilities and Services policies. 8. TRANSPORTATION: Transportation System 8.1.1 Plan, design and construct transportation facilities in a manner which enhances the livability of Tigard by: a. Proper location and design of transportation facilities. b. Encouraging pedestrian accessibility by providing safe, secure and desirable pedestrian routes. c. Addressing issues of excessive speeding and through traffic on local residential streets through a neighborhood traffic program. The program should address corrective measures for existing problems and assure that development incorporates traffic calming. 8.1.2 Provide a balanced transportation system, incorporating all modes of transportation (including motor vehicle,bicycle, pedestrian, transit and other modes) by: a. The development of and implementation of public street standards that recognize the multi-purpose nature ofpthe street right-of-way for utility, pedestrian, bicycle, transit, truck and auto use. b. Coordination with Tri-met, and/or any other transit providers serving Tigard, to improve transit service to Tigard. Fixed route transit will primarily use arterial and collector streets in Tigard. Development adjacent to transit routes will provide direct pedestrian accessibility. c. Construction of bicycle lanes on all arterials and collectors within Tigard consistent with the bicycle master. All schools, parks, public facilities and retail areas shall strive to have direct access to a bikeway. d. Construction of sidewalks on all streets within Tigard. All schools parks, public facilities and retail areas shall strive to have direct access to a sidewalk. e. Development of bicycle and pedestrian plans which link to recreational trails. f. Design local streets to encourage a reduction in trip ength by providing connectivity and limiting out-of-direction travel and provide connectivity to activity centers and destinations with a priority for bicycle and pedestrian connections. g. Tigard will participate in vehicle trip reduction strategies developed regionally targeted to achieve non-single occupant vehicle levels outlined in Table 1.3 of the Regional Transportation Plan. h. Tigard will support the development of a commuter rail system as part of the regional transit network. STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 5 OF 9 • • 8.1.4 Set and maintain transportation performance measures that: a. Set a minimum intersection level of service standard for the City of Tigard and requires all public facilities to be designed to meet this standard. b. Set parking ratios to provide adequate parking,while providing an incentive to limit the use of�e single occupant vehicle. c. Encourage working with other transportation providers in Washington County, including Tri-Met,Metro and ODOT to develop, operate and maintain intelligent transportation systems, including coordination o1 traffic. 8.2 Trafficways 8.2.1 The city shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. 8.2.2 The city shall provide for efficient management of the transportation planning process within the city and the metropolitan area through cooperation with other federal, state, regional and local jurisdictions. 8.2.3 The city shall require as a precondition to development approval that: A. Development abut a publicly dedicated street or have adequate Access approved by the appropriate approval authority; B. Street right-of-way be dedicated where the street is substandard in width; C. The developer commit to the construction of the streets, curbs And sidewalks to city standards within the development D. Individual developers participate in the improvement of existing streets, curbs and sidewalks to the extent of the development's impacts. E. Street improvements be made and street signs or signals provided when the development is found to create or intensify a traffic hazard; F. Transit stops,bus turnout lanes and shelters be provided when the proposed use of a type which generates transit ridership; G. Parking spaces be set aside and marked for cars operated by disabled persons and that the spaces be located as close as possible to the entrance designedlor disabled persons; and H. Land be dedicated to implement the bicycle/pedestrian corridor in accordance with the adopted plan. The Transportation Goal policies and implementation strategies are largely directed at the City and include objectives that create the framework for ensuring that the transportation system is adequate for all modes of travel at the time development occurs. These objectives are implemented by the Development Code standards that apply during development review. objectives of the minimum requirements for streets, access or parking would be different if the site were developed as a Planned Development. As stated in the applicant's narrative,the proposed subsequent development will require a traffic study. At a minimum this study must address site distance for access points, peak period vehicle trips and the development's affect on nearby entry/exit ramps for Interstate 5. The City will require additional dedication of land and street improvements to meet current standards along. Canton Street, Dartmouth Street and 72nd Avenue. In addition funds will be collected that will contnbute to the signalization of the Dartmouth/68th intersection and Dartmouth/72nd intersection. However,these requirements will be addressed under Site Development Review. The future commercial project is likely to generate increased transit ridership. Tri-Met bus route 78 serves the subject site with a bus stop located at the intersection of 68th Parkway and Dartmouth Street. Any future development must include pedestrian connections such as a sidewalk or plaza. Sidewalks are currently not constructed to connect this site with the bus line along 68th Parkway, but will happen with future development. All on-site parking and circulation for any proposed development will be done to City specifications as required by the Tigard Development Code. Maximum parking regulations will limit the amount of parking provided to encourage use of alternative modes of transportation. FINDING: As shown in the foregoing analysis, the City's Comprehensive Plan Transportation Polices have been met. STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 6 OF 9 • • 9. ENERGY: 9.1.3 The City shall encourage land use development which emphasizes sound energy conservation, design and construction. IMPLEMENTATION STRATEGIES 3. The City shall locate higher densities and intensities of land use in proximity to existing and potential transit routes specifically with convenient access to federal and state highways, arterials and major collector streets. 8. The City shall coordinate with and support public and private planning efforts that advocate alternative forms of transportation such as mass transit, carpooling, ride share, bicycling and walking for commuter purposes. The site is located at the corner of 72nd Avenue and Dartmouth Street which is within 1/4 mile of an I-5 interchange. State Highway 99 is less than lh mile to the north. Another arterial (68th Parkway) is within two blocks of the site. The proposed removal of the PD overlay would not change the allowed uses on the site. Tigard Development Code standards such as maximum parking and required bicycle parking will encourage the use of alternative forms of transportation. These criteria are reviewed during the Site Development Review process. FINDING: The proposed zone change will have no effect on the efficient use of the transportation system to conserve energy and will remain consistent with the applicable Energy policies. 12. LOCATIONAL CRITERIA: 12.2 COMMERCIAL 12.2.1 The City shall: a. Provide for commercial development based on the type of use, its size and required trade area. b.Apply all applicable plan policies. c.Apply the appropriate locational criteria applicable to the scale of the project. 2. General Commercial General Commercial areas are intended to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service,wholesale and repair services or provide services to the traveling public. The uses range from automobile repair and services, supply and equipment stores,vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street. A. Scale r Trade Area. Varies. 2") Site Size. Depends on development. 3) Gross Leasable Area.Varies. B. ocational Criteria (1) Spacing and Location (a) The commercial area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity,existing_and projected traffic volumes, the speed limit, number of turning movements arid the traffic generating characteristics of the various types of uses. (b) The site shall have direct access from a major collector or arterial street. (c) Public transportation shall be available to the site or general area. STAFF REPORT TO THE PLANNING OOMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00005/TLB,LLC ZONE CHANGE PAGE 7 OF 9 • • (3) Site Characteristics (4) ia The site shall be of a size which can accommodate present and projected uses. b� The site shall have high visibility. mpact Assessment (a)-The scale of the project shall be compatible with the surrounding uses. (b) The site configuration and charactenstics shall be such that the privacy of adjacent non-commercial uses can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights, noise and activities shall not interfere with adjoining non- residential uses. The site is not located near residential zones although residential uses do currently exist near the site. Because the site is at the intersection of a collector and an arterial access is not required through a residential neighborhood. The site is appropriate for some uses allowed'in the GG zone such as office and less intense retail uses. The site is approximately 1.65 acres, including.two parcels to the north zoned MUE. Buffering will be required along any parcels currently used as residences. The proposed lighting will be reviewed dunng Site Development Review to insure there are no adverse off-site impacts. The lot coverage, site design standards, and landscaping requirements of the Tigard Development Code will limit the scale of the development. The site slopes to the northeast but does not contain any unique natural features that should be considered in the development plan. FINDING: Based on the analysis above, the applicable Comprehensive Plan policies outlined above have been adequately addressed. 18.380.030.B.2 Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and The proposed zone change does not include a specific development roposal at this time. However, during Site Development Review, any new development will be required to meet all of the current Tigard Development Code standards of the GG zone. 18.380.030.B.3 Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. Staff reviewed the zoning history of the site utilizing old zoning maps and searching City records. The site was shown on a 1981 zoning map as outside the city limits. A1984-zoning map shows the site zoned GG (PD). No City records were found pertaining to the annexation or zoning of the parcels. The applicant states that the City was experiencing development of the area west of 72nd and utilized the PD overlay as a way to ensure high-quality development in the area. In 1999 the City adopted the Tigard Triangle Design Standards for the area lying between Hi hway 99 Interstate 5 and Highway 217. These standards adopted guiding principles to create a high-quaty mixed use employment area, provide a convenient pedestrian and bikeway system and utilize streetscapes for a quality image. Over the years the Triangle area has been redeveloping. an area with larger retail uses such as Costco and WinCo grocery along with large and small scale office buildings. In 2006 the City adopted revisions to the Planned Development chapter of the and Development Code. These changes i Tigard a requirement to provide shared open space (20% of the gross site area). The open space can consist of minimal, passive or active use facilities. The applicant states that the amendments to the PD chapter are not relevant to commercial development, particularly on sites without unusual development constraints. FINDING: The foregoing analysis demonstrates that there has been a significant change in the neighborhood now known as the Tigard Triangle. Removal of the Planned Development overlay does not result in an inferior development. The design standards put in place through the adoption of the Tigard Triangle insure high quality development. There is no apparent evidence of a mistake or inconsistency in the comprehensive plan or zoning map. STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/TLB,LLC ZONE CHANGE PAGE 8 OF 9 • • SECTION V. ADDITIONAL CITY STAFF AND OUTSIDE AGENCY COMMENTS Tualatin Valley Water District has reviewed the proposal and has no objections. The Tigard Police were notified of the proposed amendment and have no objections to it. The Tigard Long Range Planning Division, the Engineering Division, bClean Water Services, and Metro were notified of the proposed amendment but did not respond. SECTION VI. STAFF ANALYSIS AND CONCLUSION Based on the information above the proposed zone change complies with the applicable Comprehensive Plan policies. Staff finds that the proposed zone change from GG (PD) to GG does not reduce the likelihood of a high-quality development on the site. The design standards adopted for the Tigard Triangle will provide pedestrian scale development. Required pedestrian connections and bike lanes will increase accessibility and encourage use of public transportation and bicycles. Design standards that require the buildings be placed at intersections the_parking is rovided along the side or rear, and the creative use of building materials and architectural design to produce neighborhood character. In the early 1990's Staff was proceeding to remove the PD overlay for existing zones since the PD process was largely redundant. Reassignment of priorities discontinued that process. The element of open space is not specifically addressed by the Triangle standards, but at least fifteen percent of the site must be landscaped to meet GG standards. The applicant writes that the PD standards are not readily applicable to commercial sites without unusual development constraints. Staff believes this is an inadvertent consequence of drafting code language that was intended for residential development. The subject site is approximately 1.65 acres including the two parcels zoned MUE. Each parcel is currently developed with a single-family residence. There are no natural features of amenities on the site that would easily be preserved as open space for the neighborhood. Prior to the PD revisions and adoption of the Triangle standards, three other sites were approved through the PD process. These were all large sites of at least 6 or more acres and included or were adjacent to sensitive lands. This site is approximately one acre and has no unique natural features. Staff recommends the Planning Commission approve the requested zone change to remove the Planned Development overlay. C� July 27,2007 PRED BY: Cheryl Caines DATE Associate Planner • �l July 27,2007 APPROVED BY: Dick Be dorff DATE Planning Manager c\cur*\cheryl\ZON\TLB,LLC Zone Change(ZON2075-00008)\ZON2007-00008 staff report STAFF REPORT TO THE PLANNING COMMISSION 8-6-2007 PUBLIC HEARING ZON2007-00008/1LB,LLC ZONE CHANGE PAGE 9 OF 9 CITY of TIGARD `�G GEOGRAPHIC INFORMATION SYSTEM ' '9!?' VICINITY MAP MEI1111 . - 111 201 A ST ZON2007--00008 ■ 41 /EL TLB LLC II e ■ PLANNED BA.YL R • ST DEVELOPMENT • w OVERLAY ZONE•/ CHANGE • Q ST 1111 • LEGEND: '4U u SITE • __,--L_.r____Th ddlihiL • VA "I {D *4 FERP i L�a� I MUM DARTMOU � ► • • � IJIILL MT V7 i QP ,)O n I I. . • En. DEEF eENO RD. Q Tigard Area Map II LMHURST ST N . Ill 0 100 200 300 400 500 Feet _ ,"_384(eel Pill C ERM OSO . w W • o AY Q Iiiii1lx, ;IA. V ST Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd .„„,„„„;,,, pe ii ■ Tigard,OR 9171 _ ■ (503)639-4171 http:/Avww.ci.tigard.or.us Community Development Plot date:Jul•19,2007;C:\magic\MAGIC03.APR ;• • • PRE-APP.HELD BY ,111• CITY OF TIGARD PLANNING DIVISION, LAND USE PERMIT APPLICATION City jTigord Permit Center 13125 SW Hall Blzd, nwrg OR 97223 Phone 503.639.4171 Fax:503.598.1960 File# zo v) ?.0o7-t3�jo? Other Case# pkf_ Lju7 -000 3 7 Date 512,q101 By I KVO I Receipt# ?".)°7-2-3 35° Fee 93 /3 Y") Date Complete TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance(I or II) ❑Minor Land Partition(II) Zone Change(III) ❑Comprehensive Plan Amendment(IV) ❑Planned Development(III) . ❑Zone Change Annexation(IV) ❑ Conditional Use(III) ❑Sensitive Lands Review(I,II or III) ❑Zone Ordinance Amendment(IV) 0 Historic Overlay(II or III) ❑Site Development Review(II) ❑Home Occupation(II) ❑Subdivision(II or III) LOCATION WHERE PROPOSED ACIIVIIYWIII.00 JR(Mdress if avas abk) CC.UN SW 721 / Z.T✓uOUTH- TAX MAPS&TAX t 5(- -3(c i 7 t-oT S 43C0 - 44O TOTAL SITE SIZE - ZONING-CLASSIFICATION • APPLICANT* i6, Lt_.G MAILING ADDRESS/CITY/STATE/ZIP 80)4 2.Sit(o 13619 t z.T'i A9 o2 9-7Z9C PHOgYIO. FAX NO. SI.( - � $� /�/ -7o3� PRIMARY ACT PERSON PHONE NO. J<nc .hus PROPERTY OWNER/DEED HOLDER(Attach list if more than one) &9 oVE MAILING ADDRESS/CITY/STATE/ZIP- PHONE-NO. FAX NO. *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY(PTease be spec&) • _ —z— F CMPheat& Ca-P17 TO C6 APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS"INFORMATION SHEET. is\curpin\masters\land use applications\land use permit app.doc • • THE APPLICANT SHALL CERTIFY THAT: • If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application,map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. �i 3-G' s L.G k �7,..24 ! a LL ' Owner's Sig. . re /!/(PtM ,�• �-r-y i3 � Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Applicant/Agent/Representative's Signature Date Applicant/Agent/Representative's Signature Date Zone Change Written Bement • May 18, 2007 Page 1 ZONE CHANGE WRITTEN STATEMENT May 18,2007 Applicant: TTB, LLC Att: Jim Lampus PO Box 25716 Portland OR 97296 503/291-6986 503/291-7036 fax Planning Consultant: T.M.Rippey Consulting Engineers Att: Lans Stout 7650 SW Beveland St. Suite 100 Tigard OR 97223 503/443-3900 503/443-3700 fax Site Location: Tax lots 4300 and 4402,WCTM 1 S 1-36DC Northeast corner of SW 72nd Ave and SW Dartmouth St. Proposal: Amend the Tigard Zoning Map to change the zoning on the subject property from CG-PD (General Commercial with Planned Development Overlay) to CG (General Commercial). Zone Change Written •ement • May 18, 2007 Page 2 Description of the Request: This is a zone change application which will remove the Planned Development Overlay from the subject site. This property has been in the preliminary design phase under the current ownership since 2005. The initial plans included only the two tax lots that are the subject of this application, but it has been possible for the owner to also acquire an additional two lots immediately to the north, to allow redevelopment of the entire east side frontage of SW 72nd Ave. between SW Dartmouth St. and SW Clinton St. These additional lots are zoned MU-E, and consequently are not part of this zone change application although development plans for the entire site have been presented to the City staff and neighbors. When this project was first discussed with City staff, the PD Overlay was not recognized, and consequently any issues related to it were not addressed. Subsequently, as a result of additional discussions related to the additional site area to be included in the project, the PD issues were discussed at length. The PD designation on this site was applied legislatively in 1984. However, since there has never been a redevelopment plan proposed, there have never been any plans considered under the PD overlay. Further, the recent changes to the PD section would make application of the PD standards impossible to meet on this commercial site. A number of approaches were considered to address the application of the PD section to this property, including development under the new PD criteria, a Comprehensive Plan Amendment and Zone Change to bring the entire site into the MU-E zone, and a Development Code text amendment to address the difficulty of commercial development under the revised PD section. However, simply removing the PD overlay and allowing the site to redevelop under the CG zone and Tigard Triangle Design Standards is the best solution to facilitate implementation of the City's development standards for this area while allowing a responsible commercial development of the site. Commercial Development Issues Under the PD Overlay Zone: The 2006 revisions to the PD section of the Code provide processes and criteria suited for residential development on difficult sites. The flexibility provided allows the City to adapt the otherwise required standards based on creative approaches to development of residential neighborhoods while still protecting resources. These standards and processes are not readily applicable to commercial development on sites without unusual development constraints. The specific areas to consider include: 18.350.010A.2 through 4 state that the purposes of the PD section is to increase preservation of natural areas and to facilitate the development of "walkable" communities. While this is an appropriate direction for the development of new residential neighborhoods, it is not applicable to a site zoned General Commercial that has no unusual development constraints. Zone Change Written•tement • May 18, 2007 Page 3 18.350.030.B provides that the PD overlay designation shall be applied at the time of approval of the Detailed Development Plan. While sites that already have the PD Overlay applied from an earlier legislative action can still use the PD process, the intent of the Code is to encourage owners to use the PD provisions, and to provide that as a prerogative rather than a requirement. 18.350.050.A provides Concept Development Plan approval criteria which stress the development of a plan that addresses preservation of natural features, neighborhood context, and "significant advantages over a standard development". The development of a site zoned CG with no significant natural features, inherently cannot meet these criteria. 18.350.070.4.A.h. requires 20% of the site to be landscaped, including "landscaping on individual lots". This is clearly intended to apply to residential development, and would be a significant difficulty for a commercial site where 15% landscaping is the conventional standard. 18.350.070.4.A.m requires shared open space facilities. This also is clearly intended for application to residential development, and is not appropriate for commercial projects. While it may be argued that dealing with these issues can be addressed by the PD provisions themselves, in the end the question remains whether the interests of the property owner and the City are well served by using these procedures to correct a historic problem rather than simply correcting the problem and applying appropriate Code standards to a development application. By removing the PD overlay from this site, the standards of the PD section are not compromised, the owner is returned to a position the same as the owners of other property zoned CG, and the normal standards of the Code maintain the City's interests. Code Criteria for a Zoning Map Amendment: Section 18.380.030B of the Development Code provides standards for quasi- judicial decisions. Each is addressed as follows: 1."Demonstration of compliance with all applicable Comprehensive Plan policies and map designations." Comment: In considering this standard, it is necessary to keep in mind the nature of the application. The Comprehensive Plan Map designation for the site is "General Commercial", and the zoning is CG-PD, which is a consistent zone for the plan designation. This application will not effect the Plan Map nor the base zoning, so this criteria is met with respect to map designations. In considering Comprehensive Plan policy implications, since the land use designations will not change the applicable Zone Change Written lement • May 18, 2007 Page 4 policies would be those which provide guidance on the creation and application of overlay zones such as the PD provisions. While the plan does discuss such related matters as the application of the General Commercial designation, and natural resource protection, it at no point actually discusses the establishment and application of a Planned Development Overlay zone. Since there is no policy guidance in the Plan, and since the land use designations are not effected, this criteria is inherently met. Nevertheless, the staff has listed a number of Plan Policies that have been identified as applicable to this application. Each is addressed as follows: Policy 1 and its subsections relate to maintaining consistency between the Tigard Comprehensive Plan and.Statewide Goals as well as other local and regional planning documents. Since this change does not effect the actual land use designation for the site, and the eventual site development will be regulated by existing standards, the proposed zone change doe not impact the consistency of these planning documents. Policy 2 and its subsections relate to the citizen involvement process. This application has been presented at a neighborhood meeting and will be considered by the Planning Commission in a public hearing,which meets the intent of these policies. Policy 3 and its subsections relate to development in areas with physical constraints. The site has no documented evidence of floodplain, steep slopes, or geotechnical issues. Further, the PD overlay is not required to address any such physical issues since other Code standards are applicable and will remain in effect after this zone change. Policy 4 and its subsections relate to air, water, and land resource quality. Removing the PD overlay from this site will not effect the implementation of all otherwise required regulations related to these issues. Policy 5 and its subsections relate to economic development and diversification in the City. Removal of the PD overlay from this site will allow the property to be developed in a manner consistent with the Development Code, which will increase job opportunities and economic activity, which is consistent with this policy. Policy 6 relates to housing,which is not applicable to this application. Policy 7 and its subsections relate to the provision of adequate public facilities and services. The removal of the PD overlay has no bearing on the provision of facilities and services, which will be addressed through the development review process. Policy 8 relates to transportation. A traffic study is required for development of this site notwithstanding whether the PD overlay applies or not. Policy 9 relates to energy conservation, which is not impacted by the application of the PD overlay. Policy 12 establishes locational criteria for various types of development areas, including commercial. However, since this zone change does not effect the underlying commercial plan designation and CG zoning, this policy is not applicable to the application. Zone Change Written •ement • May 18, 2007 Page 5 2. "Demonstration of compliance with all applicable standards of any provision of this code or other implementing ordinances." Comment: Compliance with standards of the Code is similar to the Comprehensive Plan Policy issue. Since the base zoning is not affected by this change, the only applicable Code standards are the PD section itself and the standards contained in this section related to quasi-judicial changes to the zoning map. The standards of the PD section, as summarized above, are not appropriate for application to this site, and there is no indication that their continued application to the site is necessary to implement the intent of the Code. This discussion of the standards for approval of a quasi-judicial map amendment shows that Standard 2 is met. 3. "Evidence of a change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map a sit relates to the property which is the subject of the development application." Comment: As described above, the PD overlay was legislatively applied to this site in 1984. At that time the City was experiencing development of the larger commercial area west of SW 72nd Ave. and there was valid concern about implementing the PD standards as a way to ensure high quality development in the area. Since 1984 the City has adopted the Tigard Triangle Plan,which precipitated the MU-E zone that applies to the north half of this site, and the Tigard Triangle Design Standards which apply to the CG-PD portion as well as the MU-E portion. Most importantly the City has adopted revisions to the PD section itself which make it relevant to residential development but not to commercial. There has clearly been a change in the neighborhood as result of adoption and implementation of the new Tigard Triangle standards, which makes application of the PD section both unnecessary and inappropriate. This standard is met. Impact Statement: Section 18.390.040.B2(e) of the Code requires an impact study to assess the impacts of an application on public infrastructure. In this case there is no development proposed in association with the application, so there is no impact on public facilities and services. Any impacts and associated mitigation will be considered through the Design Review process, which will be required prior to site development. Concluding Comments: This application will not affect the base zoning and development standards for this site. It will, however, allow both parts of the development site to be developed as a single unified project that is consistent with the Tigard Development Code and specifically the Tigard Triangle Design Standards. This change will correct an inequitable situation that has resulted from the application of the PD overlay at a time when this was an appropriate method to address development concerns, but is no longer needed because of the adoption of new standards that achieve the same goals. L r•, re ri rin r.c I rl • .. , _ MAY 0 9 2007 r• ky-- . C1canWaher San ices __ ._.,_� I)i r rnutmirmcid i.c•Ic+r. CN1b Rie Uumnr Sensitive Area Pre-Screening I 0 7-oO/SKO I Site Aseasament Jurisdiction: adut o TiSe tIP Property information: (example 132.3 0E101400) Owner Information: Taxiet ID(s):_J SI 341 re- Name: Trips L.G. c,, • 4400e azz591 440.54 44aa. , Company: /V : Jrtit LQV' Piel9 Address:___,i7 grag C..S 7/4, Site Address: t4 . G 2Lidag. ige 7 / ai‘ a 7 i p Phone/Fax:_3,/2-9 I-(Qq 1 _.I.' /2I- Oala Nearest Cross Street: E-mail: Development Activity: Check all that apply Applicant Information: Addilion to Single Family Residence (rooms,deck,garage) ❑ Name: t.l�t4S 4?c wT Lot Line Adjustment Minor Land Partition ❑ Company: -ram. R.l PAS L4JJ runziNL, ..- Residential Condominium ❑ Commercial Condominium ❑ Address: 741§1D Su) Bet,L44.0 Vib.I oo Residential Subdivision ❑ Commercial Subdivision ❑ V 2.40 _A1- 47U Single Lot Commercial 0 Multi Lot Commercial 0 PhonelFax:b? 390m I S-03/ 7m=3 Other Soo./4 c4 - TO iRar-covt✓ ''pv" E-mail: ,p=uree• Cr-116[a.KCzar M_ „Erie'.t 2e ct Will the project involve any off-site work: YES RI NO❑ Unknown ❑ Location and description of off-site work: lW rfta- //4F2:,.1-.-. ...=•.i _ w •.,- Ace r (.-LA t`.s Additional comments or Information that may be nodded to understand your project:_ This application does NOT ropi a m need for Grading and Erosion Control Permits.Connection Permits,Building Permits,MO Development Pemdte,DEC 1200•C Permit or ether permits as lenued by the Deportment of environmental quetny,Department of State Lends endlor Deportment of the Army COE. All required permits and approvals must be obtatned and completed under eppileeble local,state,and federal law. 9y signing Dile mans.the Owner or Owners WUlhmind agent or representative,acknowledges and agrees met employees or Clean water Services have authority to enter the project site at ell reasonable times for the purpose of Inspecting project site conditions and gathering Information related to the project elle. I certify that lam familiar with the Iruormetion contained In this document,and to the best of my knowledge and belief,thi9 information Is true,complete,and seeterete, Print/Type Name: LhS46 sresofr Print/rype Title: F Mt IAPT ,A/114G -ilLT" Signature: __„_ ..0 - Date: S Ls L°7 FOR DISTRICT USE ONLY ❑ Sensitive areas potentially exist on site Or within 200'of the site. THE APPUCANT MUST PERFORM A SITE.. JISBMI;NT PRIORIO ISSUANCE OF A SERVICE PROVIDER LETTER. If Sensitive Areas exist on the site or within 200 feet on adjacent properties,a Natural Resources Assessment Report may also be required, •❑ Based on review of the submitted materials and best available Information Sensitive areas do not appear to exist on site or within 200'of the site. This Sensitive Area Pre-Screening Site Assesarnent does NOT eliminate the need to evaluate and • protect water quality sensitive areas if they are subsequently discovered. This document will serve as your Service Provider letter as required by Resolution and Order 07-20,Section 3.02.1. All required permits and approvals must be obtained and completed under applicable focal,State,and federal law. • skr Based on review of the submitted materials and best available Information the above referenced project will not significantly Impact the existing or potentially sensitive erea(s)found near the site.This Sensitive Area Pre-Screening Otte Assessment does NOT eliminate the need to evaluate and protect additional water quality sensitive areas if they are subsequently . discovered. This document will seNe.as your Service Provider letter as required by Resolution and Order 07-20,Section 3.02.1. All required permits and approvals must be obtained and completed under applicable local,Mate,end federal law. ❑ This Service Provider Letter is not valid unless CW8 approved site plan(s)are attached. ❑ The proposed activity does not meet the definition of development or the lot was platted atter 919/95 ORS 92.040(2). NO SITE ASSESSMENT OR SERVICE P OV1DER LETTER le REQUIRED. Reviewed By; — Date: T/�IV°7 7550 sw Hillsboro 19ghway•Mehra,Oregon 9112$ Phone: (503)691-5100.Fax: (503)551.1435.www.rteremremninen,ont 104113:14q O.CM 5 55-j PRE-APPLICATION NOTES May 15,2007 STAFF PRESENT: Cheryl Gaines, Dick Bewersdorff APPLICANT: Jim Lampus TLB,LLC. PROPERTY LOCATION: 11930/11990 SW 72"d Avenue TAX MAP/LOT#'s: 1S136DC-04300&04402 PROPOSAL DESCRIPTION: To remove the Planned Development overlay from the above parcels to C-G (General Commercial). COMP PLAN DESIGNATION: General Commercial ZONING: C-G (PD) NEIGHBORHOOD MEETING A neighborhood meeting is required for the proposed zone change. NARRATIVE Include a narrative that responds to the applicable review criteria and Comprehensive Plan policies. (Note that this list is intended to provide guidance in preparation of your application,and that additional criteria may be identified dependant upon the nature of the specific application, or as other issues are raised. In other words, this is not an exhaustive list of all criteria. It is the applicant's responsibility to ensure that all applicable standards are met.) Comprehensive Plan Policies: 1,2, 3,4,5, 7, 8,9,& 12 Zoning Map and Text Amendments 18.380.030: Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC procedure,as governed by Section 18.390.050,using standards of approval below. The Commission shall decide zone change applications which do not involve comprehensive plan map amendments. The proposed zone change is a quasi-judicial amendment because the Comprehensive Plan Designation for both the C-G (PD) and C-G is "General Commercial". 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: 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations; 2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance;and • • 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. Section 18.390.050 Decision-Making Procedures (Type III process) Application must include information on the application form, a narrative addressing the relevant criteria in sufficient detail for review and action, the required fee, and an impact study: The impact study shall quantify the effect of the development on public facilities and services.The study shall address, at a minimum, the transportation system,including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact,the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large,public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirements, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Approval or denial of a Type III action shall be based on standards and criteria,which shall be set forth in the development ordinance,and which shall relate approval on denial of a discretionary permit application to the development ordinance and,when appropriate,to the comprehensive plan for the area in which the development would occur and to the development ordinance and comprehensive plan for the City as a whole; The decision of the Planning Commission in a Type III action is final for purposes of appeal.The decision of the City Council on any Type III appeal is the final decision of the City. Application Fees for a Quasi Judicial Zoning Map Amendment: $3,134.00 Decision timeline is approximately 6 to 8 weeks from receipt of a complete application. PREPARED BY: Cheryl Caries Assistant Planner O R AFFIAVIT OF MAILING/POSTING NEIGHBORHOOD MEETING NOTICE IMPORTANT NOTICE: THE APPLICANT IS REQUIRED TO MAIL THE CITY OF TIGARD A COPY OF THE NEIGHBORHOOD MEETING NOTICE THAT PERTAINS TO THIS AFFIDAVIT AT THE SAME TIME PROPERTY OWNERS ARE MAILED NOTICE,TO THE ADDRESS BELOW: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard,OR 97223-8189 IN ADDITION,THE APPLICANT SHALL SUBMIT THIS AFFIDAVIT&COPIES OF ALL NOTICES AT THE TIME OF APPLICATION. MAILING: I, L1iJ 5 WAIT ,being duly sworn,depose and say that on the '7 day of /14 20121_,I caused to have mailed to each of thepersons on the attached list,a notice of a meeting to discuss a proposed development at (or near) 2 /1 ,Z-Moc.c b4- ,a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at 'T(C 4 (OR with postage prepaid thereon. Signature (In the presence of a Notary Public) POSTING: I, L4+45 Sirx17' ,do affinn that I am(represent)the party initiating interest in a proposed land use application for 24:=NE C4114 r g GCi,t,10 TO C4 affecting the land located at(state the approximate location(s)IF no address(s)and all tax lot(s)currently registered) I"M-3-36 Dc., '7:L - 4-3Zo f 4 ,and did on the. I day of MAI ,2007 personally post notice indicating that the site may be proposed for a 1- tiF land use application,and the time, date and place of a neighborhood meeting to discuss the proposal The sign was posted at I4G Cer $R, or- 7 Zit 2 A81.1,17 G e rMou114— (state location you posted notice on propert)) Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON,NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF ) County of ) ss. Subscribed and sworn/affirmed before me on the day of ,20 • NOTARY PUBLIC OF OREGON My Commission Expires: i\curpb\muua\neighbothood meetingf\affidavu of mailig.pnning neighborhood meeuag.doc Page 5 • 7650 SW Beveland Street,Suite 100 . 41\A 1::\• TM I 'PEY Tigard,OR 97223 CONSULTING ENGINEERS Phone:(503)443-3900 Fax:(503)443-3700 May 7, 2007 RE: Dartmouth Office Project Number: 5351 Dear Interested Party: T.M. Rippey Consulting Engineers represents the owner of the property located at the northwest corner of SW 72" Avenue and SW Dartmouth Street. The owner is considering proposing development of office/retail space at this location. Since you were notified of a previous Neighborhood Meeting on Feb 26, 2007,it has been determined that it will be necessary to apply to the City for a zone change to remove the existing"Planned Development"overlay zone from a part of this site. The"PD" overlay was applied to this site in 1984, and since then numerous changes to the City Code have made it no longer appropriate for the property. Consequently, an application • will be made to remove this overlay,leaving the development to occur under the normal Development Code standards, including the Tigard Triangle Design Standards. Prior to applying to the City of Tigard for this zone change,we are required to hold an additional Neighborhood Meeting since this aspect of the application was not discussed at the first meeting. You are invited to attend a meeting on: May 22, 2007 T.M.Rippey Consulting Engineers 7650 SW Beveland Street, Suite 100 Tigard, OR 97223 6:00 P.M. Please note that this meeting will address only the zone change from CG-PD to CG. The actual site development plans have not changed since the previous meeting and are not on the current agenda. Please call me at 503-443-3900 if you have any questions. Sincerely, rfA3 Lans Stout Planner/Real Estate Consultant • • 72"d/Dartmouth Zone Change Neighbor Meeting Minutes May 22, 2007 The Neighbor meeting for the proposed zone change application was held at 6:00 PM on May 22, 2007 at the office of TM Rippey Consulting Engineers. Three neighbors, and the owner attended the meeting along with Lans Stout, Planning Consultant. The attendance list is attached. The discussion related to the necessity of the proposed change and its relationship to the actual development plans which had been discussed in a prior neighbor meeting. There was no concern expressed by the attendees regarding the proposed zone change application. The meeting adjourned at 6:20. By: Lans Stout, Planning Consultant, TM Rippey Consulting Engineers . . •����� ��� �� I � / � - ( ��_c^��5' _ ___ __ �x� . / __ _____ __________ . ,• � ����������� ��� _��� .. ` .! � ________ -----------'-- -'— ������_-- � _-'- _-_----_- - - --�____-_'___-_-__�_-- _ -__-_ - '- - -_ __- _-_ __ -_- ___-- - __ ___ _ __ _ _ __ __ _'______'______' • C.O. Claw, 801.13 CPFEIPER $3 .00$11.00 S500.00•Total•$547.00 11111111111 I 1111111 11 11111111 I 111 11 00985545200800694800060088 1,Jury Hln,on,Director of Acimment rid Tuition �•�Lt end Ex-Officio County Clerk for Washington County, Oregon,do hereby certify that the within Instrument of q writing was received and recorded In the book of records of said county. ^ a Jerry R.Hanson,Director bLAsaeaamint and Tuition, eq a;;r✓ Ex-0Melo County Clerk • • • AFTER RECORDING RETURN TO: UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS SHALL BE SENT TO: Jeffrey A. Oswald TLB, LLC Schwabe Williamson &Wyatt P.O. Box 25716 1211 SW 5th, Suite 1900 Portland, Oregon 97298 Portland, Oregon 97204 STATUTORY WARRANTY DEED Steven Kroo, Grantor, conveys and warrants to TLB, LLC, an Oregon limited liability company, Grantee, the following described real property free of encumbrances vr except as specifically set forth herein: See Exhibit "A" attached hereto which is incorporated herein by this reference. 0 O Such real property is free of all encumbrances except those, if any, shown on Exhibit "B". Such real property is subject to all of the encumbrances and other matters ■,i) shown on Exhibit"B" hereto. O • The true consideration for this conveyance is $500,000. The consideration is paid by an accommodation party as part of an exchange of properties under Section o 1031 of the Internal Revenue Code. 0 Q BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON cc TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF c THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF a APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ,-' ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352.G Dated this / day of June, 2006. . teven Kroo ".'.� WASHINGTON COUNTY �.,,;,; REAL PROPERTY TRANSFER , s- � sg FEE PAID DAT E 1 -STATUTORY WARRANTY DEED PDX/105358/148284/JA0/1432422.1 • • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4f'' )i State of California 9, ss. i County of F re„..-6 to y; / 09, D0, before me, l Gej9:7.4 % / / ,o,. Gc ,t` �Date and Title of Officer(e.g.,'Jane Doe,Notary is personally appeared t S ./ �e/!'� /�_/I�C� , .. Name(s)of sgnerls) y 54cproved to me on the basis of satisfactory ievidence to be the person(% whose name('] is/are- subscribed ?� to the within instrument and >> 4 acknowledged to me that he/sbe/tliey executed ?J the same in his/her/their authorized 4 capacity(ieer and that by his/beOtl,eir >> LUCY N.ACFALLE signature(%on the instrument the person((e),or ,.:_ COMM. #1645033 g the entity upon behalf of which the person(p'l y`'s Notary Public California o acted,executed the instrument. 4 z `(t r--> Fresno County ':Awl♦_.,.-:.� Comm r,' - Feb.1 20 . .. ks WITNESS ry • and official seal. S tur. . y'1 /� A . , >> jl i OPTIONAL >> :�' Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent S� fraudulent removal and reattachment of this form to another document. (� Description of Attached Document k �` Title or Type of Document: �7‘. 4Y J b124-era--1,--79 D-6d'( >> Document Date: - 9, 20 D G Number of Pages:____2:: %� Signer(s)Other Than Named Above: , or v• Capacity(ies) Claimed by Signer Signer's Name: s.-71€41 "---r o D ?: RIGHT THUMBPRINT n OF SIGNER ❑ Individual Top of thumb here • k ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ? ❑ Attorney-in-Fact : • •(e ❑ Trustee j, ❑ Guardian or Conservator 9; ❑ Other: 5 Signer Is Representing: A O 1999 National Notary Association•9350 De Soto Ave..P.O.Box 2402•Chatsworth,CA 91313-2402•w ew.NatlorraRfitary org Prod.No.5907 Reorder:Call Tog-Free 1-600.876.6827 • EXHIBIT A LEGAL DESCRIPTION A tract of land being a portion of Lots 30 and 31, FRUITLAND ACRES, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at the intersection of the North line of Lot 30, FRUITLAND ACRES, in the County of Washington and State of Oregon, with the East line of the County Road (S.W. 72nd Avenue) along the East side of FRUITLAND ACRES, according to the duly recorded plat; thence South on and along the East line of said County Road, 100 feet to a point on the West One of Lot 31, FRUITLAND ACRES; thence East parallel with the North line of said Lot 30, a distance of 200 feet; thence North parallel with the East line of said County Road to the North of said Lot 30 to a point 200 feet East of the point of beginning; thence West a distance of 200 feet to the point of beginning. 1 —EXHIBIT A • • • EXHIBIT B PERMITTED EXCEPTIONS 1. The rights of the public in and to that portion of the herein described property lying within the limits of SW 72nd Avenue. —EXHIBIT 8 Error!Unknown document property name. • S Washington County,Oregon 2006-069461 • 08H21200810:54:35 AM 0-0W Creel RM•11 C PFEIFEt $20.00$6.00$11.00$515.00•Total•$512.00 1111111111111 11111111 11 111111101 II I c. 00985582200800884810040047 I,Jury Matson,Dtnetor of Assosansnt and Tendon and Ez•ORkla County Curt far Wt.Mngton County, �, Oregon,do hereby tally that tM wRMn katntrnat of ' ' wrttlng was nedwd tndntordtdln�tea book of Head.of add county. •1rhv� � ' ' Jerry R.Ranson,Oweler ns.trn.nt and Tandem. t-_7,-t:�`'', Eadhlelo County Clark ' AFTER RECORDING URN TO: UNTIL A CHANTS REQUESTED, ALL TAX STATEMERTS SHALL BE SENT TO: Jeffrey A. Oswald TLB, LLC Schwabe Williamson &Wyatt P.O. Box 25716 1211 SW 5th, Suite 1900 Portland, Oregon 97298 Portland, Oregon 97204 STATUTORY WARRANTY DEED Louise Hedgepeth Stewart, Trustee of THE LOUISE HEDGEPETH STEWART TRUST under agreement dated September 20, 2004, Grantor, conveys and warrants to x TLB, LLC, an Oregon limited liability company, Grantee, the following described real n-► property free of encumbrances except as specifically set forth herein: See Exhibit"A" attached hereto which is incorporated herein by this reference. •J O � Such real property its free of all encumbrances except those, if any, shown on •‘ �,� Exhibit "B". Such real property is subject to all of the encumbrances and other matters ,o shown on Exhibit"B" hereto. The true consideration for this conveyance is$535,000. The consideration is o paid by an accommodation party as part of an exchange of properties under Section v 1031 of the Internal Revenue Code. • v BEFORE.SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON w TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, Q IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF 9 THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF , APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY.OWNERS, IF ANY, UNDER ORS 197.352. Dated this if day of June, 2006. has j&e4d4afiatsc&tiadt6tuidat Louise Hedge t Stewart, Trustee • ,y=,, WASHINGTON COUNTY / �="_ REAL.PROPERTY TRANSFER TAX r......,,, S 535.0° :1+. ''"%. FEE PAID ATE 1 - STATUTORY WARRANTY DEED PDX/105358/148264/JAO/1 4324152 ss. County of eidekii05,- ) • • This instrument was acknowledged before me on(_/ULt c , 2006, by Louise Hedgepeth Stewart, as trustee of The Louise Hedgepeth Stewart Trust u/a/d September 20, 2004. AZoldt. NOTARY PUBLIC FOR OREGON My Commission Expires: 4v -/- `..�� OFFICIAL SEAL �.: a NICOLE L. BRYANT NOTARY PUBLIC-OREGON �1f COMMISSION NO.380430 MY COMMIS.310N EXPIRES JUNE 1,2008 2—STATUTORY WARRANTY DEED PDX/105358/148264/JA0/1432415.2 LEGAL DESCRIPTION • A tract of land being a portion of Lots 31 and 32, FRUITLAND ACRES, in the City of Tigard, County of Washington and State of Oregon, being more particularly described as follows: Beginning at a point on the South line of Section 36, Township 1 South, Range 1 West of the Willamette Meridian, at the Southwest corner of Lot 32, FRUITLAND ACRES, a subdivision of record in the County of Washington and State of Oregon, and running thence North 89°38' East 200.00 feet along the South line of said Lot 32 to an iron rod; thence North 115.13 feet, parallel with the West line of Lots 32 and 31, said FRUITLAND ACRES, to an iron pipe at the Southeast corner of that certain tract of land conveyed by deed to Carl Orey, et ux, and recorded in Book 274, Page 353, Washington County Deed Records; thence South 89°38'West 200.00 feet along the South line of said Orey tract to an iron rod at the Southwest corner thereof, a point on the West line of Lot 31, said FRUITLAND ACRES; thence South along the West line of said Lot 31 and Lot 32, a distance of 115.13 feet to the place of beginning. • 1 —EXHIBIT A Error!Unknown document property name. • PERMITTED EXCEPTIONS • 1. The rights of the public in and to that portion of the herein described property lying within the limits of SW 72nd Avenue. 2. An easement created by instrument, including the terms and provisions thereof, • Recorded May 23, 2003 Recorder's Fee No. : 2003-082601 In Favor Of : Portland General Electric Company For : Anchors and guy wires to support electric line structures and poles • • • • • • • 1 —EXHIBIT B Error!Unknown document property name.