Ordinance No. 86-58 o
rl. Z
CITY OF TIGARD, OREGON
ORDINANCE NO. 86—
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE FLAN
AMENDMENT (CPA 10-86) AND ZONE CHANGE (ZC 15•-86) PROPOSED BY BETHANY
ASSOCIATES.
WHEREAS, the applicant has requested a Comprehensive Plan Amendment from
Commercial Professional to Commercial General and a Zone change for C-P
(Commercial Professional) to C-G (Commercial General); and
WHEREAS the Plannina Commission reviewed the proposal on October 7, 1986 and
recommended approval with the addition of a (P•-D) Planned Development overlay
zone; and
WHEREAS, a public hearing was held before the City Council on November 3, 1986
to consider the Commission recommendation; and
WHEREAS, based upon the record in this case from the Planning Commission and
City Council hearings, the Council makes the following findings in this matter:
1. Section 18.22.040 of the Tigard community Development Code
establishes detailed standards that are to be used to make a decision
regarding a request to amend the plan and zoning map through a
quasi-judicial procedure. A request for such an amendment must
.- therefore address these standards as a part of its application.
These standards include:
a. Statewide Planning Goals
b. Applicable Comprehensive Plan "policies 2.1.1, 4.1.1, 5.1.11
5. 1.4, 8.1.3, 8.2.2, 9.1.3 and 12.2
C. Applicable standards of the Community Development Code section
18.30.120.
d Evidence of:
a change in the neighborhood or community, or
a mistake or inconsistency in the plan or map as relates to
the property
e. Evidence that the change will not adversely affect the health,
safety and welfare of the community.
2. Statewide Planning Goals no longer need to be addressed because the
City Comprehensive Plan has been acknowledged by LCDC.
3. Comprehensive Plan_ Policies have been properly addressed in the
following manner:
ORDINANCE NO. 86-
Page 1
a. Policy 2.1.1 is satisfied because the Neighborhood Planning
organization and surrounding property owners were given notice
of the hearing and an opportunity to comment on the applicant's
proposal.
b. Policy 5.1.1 is met because the applicant has showri that a
partial rezoning of the property will more likely be able to
satisfy local market demand and subsequently provide job
opportunities for local residents.
C. Policy 5.1.4 is satisfied because the proposed change will not
enlarge the area presently designated for commercial use and
will not encroach upon nearby residential area.
d. Polic, 9.1.3 will be satisfied as a condition for development of
the site. Before any comme^cial development occurs, City
approval through the Site Development Review or Condititional
Use process will be required.
e. Policy 8.2.2 is satisfied because the site is served by Tri-Met
and bus users will be able to commute to this site.
f. Policy 9.1.3 is met because the change in Plan and zone
designations will better provide for local services that nearby
residents now must leave the immediate area to obtain. This
proposal will help minimize the length of vehicular trips.
g. The applicable Locational Criteria in Section 12.2 of the Plan
have been satisfied.
1) A residential zoning district is only adjacent along the
southern boundary of the site.
2) Access
The access traffic analysis presented demonstrates that the
proposed rezoning does not create a traffic safety problem
and that the overall impact upon adjacent streets will be
minimal and the level of service for Scholls Ferry Road,
Sorrento Road, or North Dakota Street will remain unchanged.
When reviewed in 1985, the traffic signal at Scholls Ferry
Road/Sorrento Road/North Dakota Street had not been
installed and the improvement and widening o` Scholls Ferry
Road had not been scheduled by the State Highway Division
for 1989. The City; Engineering Division and State Highway
Division concurwith the traffic' study with the
understanding that specific access pointswillbe further
evaluated during the Site Development Review or Conditional
Use process.
Direct access to an arterial and collector street is
available.
Public transportation is available on Scholls Ferry Road.
ORDINANCE NO. 85.E
Page 2
3) Site Characteristics
The applicant has shown that the site will accommodate the
uses proposed for the property. However, the Council
shares the con4.ern that was expressed at tho hearing
regarding the negative impacts associated with a larger
scale commercial retail development. This concern is
haightaned since standard Community Development Code
provisions do not prohibit the use of Zhe remaining area
zoned C—P to be used to satisfy parking and landscaping
requirements for a project occurring on the land to be
zoned C--G. Although this scenario is not intended by the
applicant, the Council finds that it ig assential to modify
the request and impose conditions to ensure that
development will occur on the property in the manner
proposed.
The property is flat with clear visibility from either
Scholls Ferry Road or North Dakota Street.
4 impact A55e$$nIenst
As noted in item 3) above, the scale of the project should
be limited so as to result in commercial development which
is most beneficial to and compatible with nearby
residential neighborhoods. In addition to the limited
scale of the anticipated development on the property, Code
requirements relating to building setbacks, landscaping,
lighting, etc. will be employed during Site Development or
Conditional Use review.
4. Evidence of a change in the neighborhood or community.
The applicant has demonstrated that significant changes have
taken place since 1983. The development noted in the report
represents a combination of projects that were anticipated by
the Plan (e.g., Meadow Creek Apts) and unforeseen events (e.g.,
Beaverton School District sale of surplus land). These have all
contributed to a change in the demand for commercial services.
5. Evidence or a Fidstake or in the Plan.
The marketing analysis has shown that the demand for
neighborhood professional office services (e.g. , physicians,
travel agencies) can be better satisfied with smaller sites in
more locations rather than fewer large sites. These office uses
are permitted in the C—G zone as well and the proposed rezoning
will not prohibit them on the subject property. The analysis
also shows that there is a surplus of land zoned C—P and a
deficit of land zoned C--G. This proposal will help provide
additional commercial needed in the area.
ORDINANCE NO. 86—
Page 3
6. Evidence that the change will not adversely affect the health, safety
and welfare of the community.
The traffic impact on this proposal will be minimal and coupled
with the site and street improvements that will be required in
conjunction with the development, no adverse impacts are
anticipated.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The proposal is consistent with all relevant criteria as
discussed above.
Section 2: The City Council upholds the recommendatloois :f the Planning
staff and Planning Commission with the following modifications
and conditions:
a. The eastern 2.9 acres of the site shall be redesignated for
Commercial General development in the Comprehensive Plan
and C—G (Commercial General) on the Zoning Map. The
northwest corner containing 1.0 acre will be redesignated
for Commercial Neighborhood development in the
comprehensive Plan and r...pl rrommorcial Neighborhood) on the
Zoning Map. This amendment is illustrated in Exhibit "A"
(map).
b. Commercial development occurring within a zoning district
shall not utilize space outside of the respective zone to
y' satisfy parking or landscaping requirements prescribed by
the Community Development Code.'
Section 3: This ordinance shall be effective on and after the 31st day
after its passage by Council, and approval by the Mayor.
PASSED: By vote of all Council mer..bers present after
being read by number and title only, this day
of k6oe4'b , 1986.
Loreen R. Wilson, Acting City Recorder
APPROVED: This �Y 77- day ofOyeE,•,,�es , 1986.
�fi Cook, Mayor
cn/165
ORDINANCE NO. 86-
Page 4
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