Ordinance No. 86-63 r. .
CITY OF TIGII.RD, OREGON
�J
' ORDINANCE No. 86
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A4
COMPREHENSIVE PLAN AMENDMENT (CPA 6-86) AND ZONE CHANGE (ZC 10-86)
PROPOSED BY WHITE, DAYSON, RANDALL, RANDALL, RANDALL, AND BROWNSON
(ALBERTSON'S) .
WHEREAS, the applicant has requested a Comprehensive Plan Amendment
.from Hiyhe Mcdium uigh, and Low Density Residential development to
Commercial General and a Zone Change from R-40 (Residential, 40
units/acre) , R-25 (Residential, 25 units/acre) and R-4.5 (Residen-
tial, 4.5 units/acres) to C-G (Commercial General).
WHEREAS, the Planning Commission reviewed the proposal on Octuber
77 1986 and recommended denial of the proposal ;
WHEREAS, public hearings were held before City Council on November
3, 1986 and November 17, 1986, to consider public testimony and the
Commission recommendation.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1 : The City Council reverses the Planning Commission
recommendation and conditionally approves the request.
Section 2: The proposal is consistent with all relevant criteria
� . discussed in Exhibit "A" (facts, findings, conclusions) .
Section 3: Approval of application CPA 6-86 and ZC 10-86 is hereby
granted subject to the following conditions :
a. Replacement of 398 residential housing units must
approved be d y the Cit" ro„nci1 i-hr-ough the replan-
uc_, ..Y i
ping and/or rezoning or other properties within the
City. The proposed plan amendnie:nt and zone change
shall not become effective until such replacement -`
housing is approved.
b. The location of such replacement residential units
shall not be situated as to effect a substantial
adverse traffic impact upon Durham Road
c. The applicant shall be entitled to apply for and
r complete 'site development review, and all other
related land development approval processes; and
such site development related review approvals
shall be conditioned upon compliance with the
requirements of paragraphs a and b above.
Section ,4: The Comprehensive Plan and Zone designations shall be
Y: changed upon meeting the condition:, in Section 3 above
s ;
within the area illustrated in Exhibit "B" (map) .
Section 5: It is further ordered that application for the planning and zoning,
�• for the above described replacement residential housing units is
hereby initiated by the City Council, the planning s dff is herelby
directed to provide for and carry out its responsibilities in
relation Lu si.iCh planning and zoning process, and the time periods
designated in the Community Development Code 18.30.030 and
18.32.030 are hereby waived.
Section 6: It is further ordered that the planning and zoning process for the
above described replacement residential housing units shall be
carried out in the following manner:
a. The planning staff and the applicant herein snwll cuoNcratc
to present to the City Council a proposed target area or
areas for potential replacement housing.
b. The Planning Commission shall conduct a public hearing or
hearings to change planning and/or zoning within the target
k 1=.+•. . .e to the CitY Council as to
or areas, and mane �'eCisaTi2��..�............ _
changes and parcels of land to potentially provide for the
replacement of 398 residential housing units; at such public
hearing or hearings individuals may participate and request
additional lands be considered by the Planning Commission;
and such hearing or hearings shall be conducted so as to
follow all quasi—judicial requirements set forth in the
Community Development Code Section 18.32.
C. The City Council shall review by a regularly scheduled public
hearing the recommendations of the Planning Commission for
decision.
d. The applicant shall pay to the City within thirty days of the
date of this Ordinance an additional application deposit for
the review process described in Sections 3 and 6 above in the
amount of three thousand dollars ($3,000). The actual costs
of the application is to be documented including staff time,
and the applicant will be responsible for only the actual
costa
Section 7: This ordinance shall be effective on and after the 31st day after
its passage by Council, and approval by the Mayor.
PASSED: By a unanimous vote of all Council members present after being_
read by number and title only, this 8th day of December, 1986.
fn
loreen R. Wilson, Acting City Recorder
APPROVED: This 8th day of December, 1986.
�.�' o n E. Cook, Mayor
f EXHIBIT "A"
BEFORE THE CITY COUNCIL OF THE CITY OF TIGARD
REQUEST BY ALBERTSONrS, INC. , ) CPA 6-86 and ZC 10-86
- - -
G:. dP�it iJVdi of comprehensive )
plan amendment and zone change ) FINDINGS, CONCLUSIONS
and ORDER
eI. NAT'UKE UP' THE APPLICATION
This is an_ application for a cc ,,;ehensive plan amendment
changing the subject property from a mixture of High, medium-
High, and Low Dens:.ty Residential to General Commercial ; and a
zone change from a mixture of R-40 (40 units per acre Multiple
Family Residential) , R-25 (25 units per acre Multiple Family
Residential ) , and R-1 through R-4.5 (Single Family Residential )
to C-G (General Commercial ) .
II. HEARING
The Planning Commission held a public hearing and considered
this application on October 7, 1986. Follo%aing the presentation
of the staff report and the public testimony at the hearing, the
Planning Commission voted 3 to 2 for a recommendation of denial
to the City Council.
The City Council held a public hearing, heard presentation
..; of the staff report, public testimony and considered this
application on November 3, 1986. The City Council thereafter
continued the public hearing until November 17, 1986 for
receiving additional testimony on the issues oftraffic
generation and relocation of residential densities. Fo11ow-Jng
the presentation of the staff reports and additional public
testimony on November 17, 1986, the City Council unanimously
approved the application subject to the conditions identified
hereinafter in the Order.
III. RE'LEVANT FACTS
The following is a summary of the facts and testimony found
to 'be relevant to this decision.
A. Comprehensive Plan and Zoning Designations
1. The Comprehensive Plan Map designates Tax Lots
100, 200, 300 and 400, comprising 11.95 acres, as High Density
Residential ; Tax Lots 3000, 3001 and 3002, comprising 7.15 acres,
as i-tedium-High Density Residential ; ..end Tax Lots 2800, 2802 and
29007 comprising approxitp.ately 2.35 acres as Low Density
Residential .
1 FINDINGS, CONCLUSIONS AND ORDER
7
2. Correspondingly, the above described mixture of
tax lots is zoned R-40 (40 units per acre P•lultip le Fami`
nes i:leni iul ) , It;-25 (25 units por acre Mu1tipl Fami l j —
Residential ) , and R-1 through R-4.5 (1 to 4 .5 units per acres Low
Density Residential ) .
B. Site Location
1 . The site is located in southern Tigard at the
southeast quadrant of the intersection of Highway 99W and Durham
Road. The site is rougly "L-shaped" and has. f rontage on both
Highway 991v and borham Road.
2. Access to the site is from Highway 99W on the
west, the largest major traffic way or arterial in the City of
Tigard; Durham Road on the north, a major collector; and 1134---h
Street on the East. The applicant's traffic report identified a
varying number of adequate access points on all of these three
traffic ways. The traffic engineer testified that:
a. Highway 99W is designated as major arterial
strcct connecting the Vyty of Tigard with the su1&Juri:,an areas
to the south (i.e. Newberg and McMinnville) . Highway 99W
at Durham Road cortains two through lanes each direction
and left turn pockets at the intersection.
b. Durham Road is currently a two (2) lane road-
AWN with no parking allowed on either side of the street.
Durham Road serves as an east/west collector street
between Tualatin and the King City area to the west. The
_ntersection of Durham Road and Highway 99W is
signalized and currently operates on a split phasing
east/west and as separate phases for the north/south
direction.
C. The existing intersections and roadways
adjacent to the site currently operate at Level of
Service C or better. Level of Service C has a remaining
traffic capacity of 20% or better.
d. Suggested roadway improvements provided at
development of the site include: (1) a traffic signal to be
installed on Durham Road at the Summerfield Intersection
and utilized as the main access point to the site; (2 )
Durham Road be improved with two eastbound lanes between
Pacific Highway and 113th Street Intersection , with 100
foot or more left turn pockets at the Summerfield
Intersection east and west bound; (3) two right turn in and
right turn out driveways to be allowed on Highway 991611, one
driveway located approximately 360 feet south of Durham Road
and one driveway located at the south property ]gine
approximately 1 ,100 feet south of Durham Road; (4) provision
of right turn pockets into the site along Durham Road; (5 )
2 _ FINDINGS CQPJCL'v'alvtvS
.vwu VK1J1R
1
removal of planter in Summerfield Street at the intersection
of
Durham Road to provide two lanes sou Lhboi_rnd w1 t a [
continuous right turn lane; (6 ) and with Oregon Department
of 'Transportation approval , lenghthen the left turn lane e
southbound on Highway 99W at the Durham Road intersection.
I>
e. Development of the site as commercial %•could
generate 10,941 trips per day and 984 trips at P. I•;. peak
hour. forty percent of the trips attracted tc the r
commercial site represent drop-in trips by .vehicles that are
already on the adjacent road system. The net additional
P ends generat j by the s to �r 6 1'
I tr�r -- .. ...ec, .� e �,�4+;7 L-rip> per day ,:end
590 trips at P. M. peak hour. With the inclusion of traffic
generation for commercial uses ut the site and the suggested f
improvements, the intersection of Highway 99W and Durham
Road would be at Level of Service A during A. M. periods and
Level of Service C at P. M. periods , and the intersection of
Durham and Summerfield would be at Level of Service A at A.
M. and P. M. periods.
f. including the subject site traffic generation
as commercial and area properties under their current {
zoning , the intersections at Highway 99VJ and Summerfield
along Durham Road would have additional capacity to alloy-:
for a trip generation of an additional 463 units assuming
all trips travel in only the westbound direction along
Durham Road, or over 900 residential units assuming a 50`0
distribution of traffic movement east and west along Durham .
Road. Traffic generation caused by the subject site being
developed as commercial provides a daily trip generation
substantially equivalent with the traffic generation
associated with the subject site being developed as
residential under current allowable densities- �
g. Tri-Met bus service to the area includes
Route No. 5 running along Pacific Highway and a loop through
King City initiated at Durham Road and Highway 991•1, There
are regularly scheduled bus stops at this intersection .
Tri-Het also operates Route No. 43 along Durham Road Lith
--gularly schcdul-cd stops t the t F the b t t .:
� v v �.t cast V1 1..11V .�1.111je1�1 Jll.e.
C. Availability of Services
1 . Water
a,.. Testimony identified that Tigard .Iate.r
District has a 12 inch line in Durham Road abutting the
property for approximately 500 feet of frontage, and another
12 inch line along the subject property's entire Highway 991.1
frontage, and with sufficient capacity to fully service the ;
property.
t;
3 - FINDINGS, CONCLUSIONS AND ORDER
1,.
i
.a"
,� .'. Sewer•
a_ Testimony identified Mat lho City of T_gard
,has an einiht inch sanitary sewer main in Durham Road along
approximately 170 feet of the subject property's fron -�_ge,
and suffic:.ent capacity to fully service the site.
3. Drainage
a. Testimony identified that storm Sevier also
abuts the property in Durham Road and that it has adequate
capacity.
,4. Fire and Police Protection
a. The subject site is being annexed into the
City of Tigard and will be adequately served by the City's
police department services and Zitalatin Rural Fire Proter_ta.on District.
�i
5. Utilities
a. All private utilities such as natural gas,
electric and telephone are already adjacc-t to the site to
the immediate north and west.
D. Site Characteristics
1 . Site Size
a. The site is approximately 22 acres in size.
Portions of the site have been previously developed for
single family residences on large lots.
fi-
b. The site is generally "L-shaped" with
approximately 1,100 feet of frontage along Highway 99':J and
approximately 940 feet of frontage along Durham Road.
{"
C. The property has an approximate depth along
Highway 99�J of 725 to 1 ,220 feet and along Durham Road of
approximately 880 to 1 ,050 feet.
2. The site is relatively level and gently slopes to
she south ..jhere there is a ravene along the southern border
of the site.
3. Geologic formation and soil characteristics
a. There are no faults on the site, the soils
conditions in the northern portion of the site are
predominantly Willamette Silt and the soils conditions in
the southern portion of the site are predominantly
Lacustrine Sand.
`aFa+ el `_ FINDINGS, .CONCLUSIONS AND ORDER
0.
.i
4. The site has conifer trees along the northwest
corner of the site, the southwest boundary and a portion of
the southeast boundary. The remainder of the site is
covered by grass and various deciduous second growth trees.
5. The site is not subject to flooding and is not
designated as an area with important values for wildlife.
E. Surrounding Land Uses
1 . To the immediate northwest, the- King City business
center is located and consists of a combined acreage in excess of
22 acrcn. The focus of the King Citv business center is "King
City Plaza" , which includes a large multi-use structure housing
general retail uses and a Kienow's grocery store. Other retail-
services
etailservices and four banks are located in adjacent buildings.
2. A general commercial use entitled "Willowbrook
Business Park" is located directly to t'he north of the subject
site. This development consists of six buildings arrayed in an
office-retail complex setting. Existing uses of these buildings
include restaurant, offices, general retail and convenience
shopping services. The site is approximately one-third to one-
half the size of the subject property.
3. To the immediate south of the site is a mobile
home park/subdivision entitled "Royal Mobile Villas" which
consists of Tax Lots 100, 200 and 2600. The total acreage of
this planned mobile home development is approximately 40 acres.
4. To the immediate west of the subject site is a
central business district that is about half developed. ?otal
acreage in this central business district is approximately 26
acnes. At the southwestern corner of Highway 99W and Durham Road
is a large vacant parcel of approximately 12 acres designated as
a central business district.
5. Farther south along Highway 99W, but adjacent to
the sub ect site. is an office complex entitled "Tualatin Valley
Professional Center". Next to this planned commercial complex is
"King City Convalescent Center", "Cedar Park Manor" (a mobile
home park) and "D & M Market" (a neighborhood convenience
market) .
f
6. 'To the northeast of the subject site is a large
medium-high density residential development entitled
"Summerfield." This site is approximately 30 acres in size. The F
remaining surrounding land is generally undeveloped or partially
vacant large residential parcels. To the immediate east, there
is a large medium to high density residential zone comprising
approximately 30. acres. Ultimate development of this district
��ould or should involve a large scale residential planned
'. developmentwith building sizes and site utilization plans of a
5 - FINDINGS , CONCLUSIONS AND ORDER C
scale compatible with the subject site and the similar exist-.ng
lie;-v :10p�:ienL size uses and density in tine "Summerfield planned -
dPvel.onment located immediately north of this district . To the
9 southeast of this subject site is a low density residential area
consisting of large vacant or greatly oversized residential
parcels. This entire area is geographically isolated froim the
more intensive uses aligning both High:•ray 9914 and Durham Road .
Access to the area is toward the end of 113th Street. This area
generally slopes southward toward the Tualatin River, is not
associated with the commercial developments to -the northeast and
is more or less river oriented.
F. The Characteristics of the Proposal
1 . The proposal is to change the comprehensive pian
designation for the property from a mixture of high through low
density residential to General Commercial , and a zone change fro^n
a mixture of residential housing densities to C-G (General
Commercial ) .
2. The applicant intends to develop the entire
subject site, upon approval of the comprehensive plan amencment
anti zone change, as a medium sized shopping center with a
commercial building square footage of approximately 177,600
square feet. The proposed uses in the shopping center would
include a major regional grocery facility, a department store and
other general retail services. The applicant testified that the
proposed use is not speculative and that the applicant has
commitments from the principal. users for immediate development
upon approval .
The proposed site development plan illustrates the
feasibility of the site accommodating commercial use and the
proposed uses, along with satisfying city requirements of site
coverage not exceeding 850/10 and the provision of landscaping and
buffering of at least 15;10.
IV-. RELEVANT CRITERIA
r.. Oregon Revised Statutes
1 . OPS 227.173 requires that approvals or denials be
based upon standards and criteria, which are set forth in the
development ordinance and comprehensive plan, and shall be based
upon and accompanied by a brief statement that explains the
criterion standards considered relevant to the decision, states
the facts relied upon in rendering the decision, and explains the
justification for the decision based on the criteria, standards
z and facts set forth
2. ORS 197.250 provides that all comprehensive puns
and land use regulations adopted by local governments to carry
r,
out those comprehensive plans shall be in compliance with
6 FINDINGS, CONCLUSIONS AND ORDER
statewide planning goals .where such provisions have not already
been certified with compliance acknowledgment.
R, Oregon Administrative Rules
1. The City's comprehensive plan and regulations have
been acknowledged. The application requests amendments to the
comprehensive plan and zoning ordinance which require compliance
with statewide planning goals pursuant to ORS 197.250z
C. The Comprhensive Plan
1. The Plan Map
a. The map designates the site zis a mixture of
w High Density Residential , Medium-Fligh Density Resident=al
and Low Density Residential. These map designations
correspond to maximum densities of 40 units per acre, 25
units per acre and 4.5 units per acre.
2. Plan Policies
1-k
a. Plan Policy 12.2.1 identifies that the City
shall : (1) provide for commercial development based on the
type of use, its size and required trade area; (2) apply all
applicable plan policies; and (3) apply the appropr'_ate
,x
locational criteria applicable to the scale of the project.
b. The standard for General Commercial provides
that 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
916
repair services or provide services to the travelling
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 anterial or major collector
? street, The Rnalp of the aent?rnl commPrrial arra; is ac
"" follows: (1 ) trade area: varies; (2) site size: depends
` on development! and (�^�, ) AroSs leasable arra; varies.
r�--- la__eS
OWN
C. The locational criteria are as follows:
(1) Spacing and Location
(a) The commercial area is not
surrounded by residential districts
on more than two sides.
G,
7 TFINDINGS, CONCLUSIONS AND ORDER
T
6
(2) Access
pri-.gyp--nd area or expansion of
an existing area shall not create _
traffic congestion or a traf-fic
safety pt uble:ri.
Such a "
determination shall be based on the
street capacity, existing and
projected traffic volumes, the
speed limit, number of turning
movements, andthe traffic '
generating characteristics of the
various t-ypes of
(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. --
(3) Site Characteristics
(a) The site shall be of a size jhich
can accommodate present and
projected uses.
(b) The site shall have high
visibility.
(4) Impact Assessment
(a) The scale of the project shall be
compatible with the surrounding
uses.
(b) The site configuration and
characteristics snail be such tiIat
the privacy of adjacent non—
commercial uses can be maintained.
(c) It shall be possible to incorporate
L -e features into the
the unique s
site design and development plan.
(d) The associated lights, noise and
activities shall not interfere with
adjoining non—residen` ial uses .
d. Application- of policies and implementation
strategies from the following sections of the Plan:
FINDINGS, CONCLUSIONS AND ORDER
2. Citizen Involvement
Natural Features and Open Space
4.. Air, Water and Land Resources Quality
5. Economy
6. Housing
7. Public Facilites_-_- and Services
v ti-n
rta
9. Energy
10. Urbanization
11. Special Areas of Concern
D. Zoning
1. The zoning map designates the site as a mixture of
residential densities ranging from R-40 (40 units per acre
Nultipie Family Residential ) , R-25 (25 units per acre IMultiple
Family Residential ) , and R-1 through F-4,5 (Single Fan; ly
Residential) .
V. ULTIMATE FACTS
A. Compliance with the Comprehensive Plan Locational
Criteria
` 1. Spacing and Location
The subject property is not surrounded by
residential districts on more than two sides. The subject site
is at the southeastern corner of t;ighway 9964 and Durham Road.
Immediately to the west of the site and along the west s de or
Highaay 996.1 are general commercial uses. The zoning on these
adjacent properties is equivalent to the City of Tigaxd ' s zoning
for "central business district. " Both King City and Washington
County share zoning responsibility for this adjacent area.
Washington County's "central business district" zoning extends
from Durham Road town area substantially south of the subject
property and includes Tax Lots 500, 700, 2300, 2700 and 2600. To
the immediate north of the subject property is Durham Road and a
general commercial zone (C-G). Adjacent to this C-G .zone is a
s designated open space area that extends east to 113th Street.
The C-G zone is already substantially developed by a mix of
singular commercial uses and a shopping center-office complex.
The open space area is completely improved and is subject to
established development restrictions. Locational Criteria (1 ) (a)
9 - FT_NDINGS, CONCLUSIONS AND ORDER
is specifically interpreted to allow inclusion of the open space
area in the calculations for compliance with the criteria on the �
® & basis that tree open space provides an adequate buffer between
commercial and residential districts to satisfy the underlying
purpose for the spacing and location criteria.
The remaining eastern and southern boundaries of the subject
site abut residential districts.
2. Access
a. The proposed area or expansion of an existing
area Shall nni_ e-rpAi_P traffic- r_nnnPstinn or a traffic safety
problem.
(1 ) The traffic analysis prepared by
Associated Transportation Engineering and Planning,
Inc. (da`ed July 1986) and corresponding supplements
'.7t� utd ' and analysis which add s1 '
provJ w rL uj Lr CCL
capacity, existing and projected traffic volumes, speed
limitations, number of turning movements and site
traffic generation. For the purpose of analysis, the
report utilizes traffic volumes and characteristics on
a "worse case" or maximum vehicles possible basis.
Full development of the subject property as general
commercial and the suggested roadway improvement
establishes that all existing intersections will be
maintained and operate at Level of Service C or better.
Due to the proposed site design , signalization of
Durham-Summerfield intersection, and a right turn
in/right turn out limitation for Highway 9911, the
f designation of the subject property as general
commercial will not change the level of service traffic
classifications for the existing intersections and
t` roadways near the site.
(2) Level of Service D is generally utilized
by the City as the standard for assessing urban traffic
operations and design of urban roadways. it is also
the adopted policy of Metropolitan_ Service District
(MSD) to maintain a level of service "D" on its major
roadways within the Portland Metropolitan Urban Growth
Boundary during peak periods of operation. At Level
"D", there generally is at least 109. more capacity for
traffic. Upon the subject property being developed as
general commercial , the resulting Level of Service C
will provide a remaining traffic capacity of 20% or
better.
(3) Testimony of the traffic engineers for
the applicant and the City identified that traffic
generation caused by the subject site being developed
as general commercial would provide daily trip
10 FINDINGS, CONCLUSIONS AND ORDER
gcnorat:Lon sua:h^tan tially oquivc:loiiL 4i til thy: L1:af-iC
generation a ssoc l.ated uith the subject site being
aeveloped as residential under current in!1ou.ao1e
densities. Including the subject site t r a f is
■`- generation as commercial and area properties under
their current zoning, the Durham Road network ad;acent-
to and near the subject property would have remaining
capacity to allow a trip generation for appro;:imately
900 residential units assuming the existing tra�_ic
pattern split of 50-50 percent trip: running east and
gest.
F (4) Although there was conflicting testimnnai
from some residential neighbors to the subject
property , all traffic engineers , including those or
the Oregon State Highway Division, City of Tigard, and
the independent traffic consultant for the near!Dy
Willowbrook Business Park, concurred in supporting the
Traffic Analysis report and its conclusions. The
Oregon State Highway Division District 2A r1aintenance
Supervisor specifically identified that the Traffic
Analysis and recommended improvement therein i.,ere,
feasible from an operations and safety standpoint.
b. The site shall have direct access from a meior
collector or arterial street.
The subject property abuts Highway 9911, the
..r largest major traffic -,ray in the City of= Tigard, and Durham
Road , , a major collector. The Traffic Analysis report
identifies two access points on Highway 99W and two access
points on Durham Road.
C. Public transportation shall be available to
the site orgeneralarea.
Tri-tet bus service to the area includes Route No
i running along Highway 991.1 and a loop through King City
initiated at Durham Road and Highway 991.1. There are
regularly scheduled bus stops at this intersection. Tri--fMet
k also operates Route No. 43 along Durham Road with regularly
scheduled stops to the east of the site.
Site Characteristics
a The site shall be a size iirhich can
2v; accommodate present and projected uses.
(1) The proposed general commercial
designation and related site development plans :lil
utilise the entire site. The applicant's property is
relatively level and consists of ten tax lots
' otalling approximately 22 acres in size. The 4�roperty
t 11 FINDINGS, CONCLUSIONS AND ORDER
x
has frontage along 1'ilghway 991-1 for approximately I10 0
feet and Durham Road for approximately 940 feet . The
property has an approximate depth along Highw,ay 990 of
725 to 1 ,220 feet and along Durham ;load of
approximately 880 to 1 ,050. There are no physical
characteristics of the site that krould prei-& it
;development as general commercial.
(2 ) The proposed site development plan by
the applicant illustrates that the site can easily
accommodate a substantial commercial" shopping center,
W-7, including major commercial uses contemplated in the
- t !I=3) and uiii li z- lc .-h-.n ^C�.
Lui, u�. �..�- ..�, ...,. �.. .+. +.<. ....+.+ . u.,
of the site coverage. { The projected uses include
177,600 square feet of general commercial uses ,
approximately 870 parking stalls, and the provision for
landscaping and buffering of at least 150 of the site.
Both the physical characteristics of the site and the
proposed development plan illustrate that the site can
accommodate projected gener=al commercial uses.
b. The site shall have high visibility
The subject site is located with appro -mately 1 ,100 feet 6f
frontage along the largest traffic way in the City of
Tigard, i .e. , Highway 99w. the property also has
approximately 940 feet of frontage along the major collector
' of Durham Road The site is generally level with the
A,
roadway and highly visible to all traffic along these major
traffic ways. Existing traffic volumes along Highway 991 at
or near Durham Road include 835 trips at P. it. peak
(' northbound and 1 ,050 southbound at P. M. peak; and along
Durham Road at or near Highway 99W include 538 trips at P.
M. peal: westbound and 439 trips at P. M. peak eastbound.
These traffic volumes indicate sufficient exposure to
satisfy the high visibility requirement in the locational
criteria.
A ,
Tmh M� Assessment
t
= r
a. The scale of the project shall be compat_'a1e
with the surrounding uses.
(1 ) The subject ,property is adjacent to two
large shopping center complexes. To the immediate
northwest, the King City business center is located and
consists of a combined acreage equivalent to that of
a.
the subject property. The focus of the Kinn City
,µ
business center is "King City Plaza", which includes 'a
large multi-use structured housing, general retail uses
and a Kienow's grocery store. The other retai3
services and four banks are located ' in adjacent
buildings. The general scale of the King City Plaza
12 FINDINGS, CONCLUSIONS AND ORDER
lnc' related bu;ainC'asGs is compatible with the subject
property proposal for general commercial . The proposed
development plan foo the subject property is, in fact ,
® less imposing and intensive than the King City business
center.
A general commecial use entitled
"Willowbrook Business Parke is located directly to the
north of the subject site. This development consists
of six buildings arrayed in an office-retail complex
setting. Existing uses of these buildings include
restaurant, offices. general retail and convenience
Va.C.ca .T11t: 51CC: L5 dpproximately One-hirci
to one-half the size of the subject property, and fully
utilized with commercial improvements and does not
provide any significant buffering from surrouri6ing
uses.
The subject property and both of these large
*" shopping centers share another common development scale
factor. All three properties are located and orient
their development scale to the intersection of Highway
99W and DMY, urham Road. The high volume of traffic and
controlled access points necessitate that the scale of
4 general commercial development in this area must not be
"strip commercial", but large acreage developments with
on-site parking and internal traffic circulation
designs.
(2) Other nearby uses are comparable in
scale with the proposed uses on the subject site. To
the immediate south of the site is a mobile home
park/subdivision entitled "Royal Mobile Villas" whit ch
consists of Tax Lots 100, 200 and 2600. Total acreage
in this planned mobile home development is
approximately 40 acres. The Highway 99W access focus,
site utilization and overallproject scale are
compatible with the proposed general commercial on the
subject site.
To the immediate west of the subject property
is a central business district that is about- half
developed. Total acreage in this central business
district is approximately 23 acres, and thereby, larger
than the subject property. At the southwest corner of
Highway 99W and Durham Road is a large vacant parcel of
approximately 12 acres. Although smaller, this
combined undeveloped parcel would provide a development
site comparable in scale to that proposed for the
subject property. This is particularly true since the
development of this site would probably be designed to
integrate with and be a logical extension of the
j adjacent king City business center.
13 - FINDINGS, CONCLUSIONS AND ORDER
�. Farther south along Highway 9911 but adjacent
Lo the subject property, is an office cornpie;, oni-.i --
�° "Tua".iatin Valley Professional Center. " N1ext to this
planned commercial complex is "King City Convalescent
Center", "Cedar Park Manor" (a mobile home part: ) , and
"n & M Market", (a neighborhood convenience market ) .
Although partially undeveloped or developed with uses
having single lots and accesses, the proposed
development of the subject site is compatible wi-th the
combined scale of this western central business
district.
(3) To the northeast of the subject site is
a large medium-high density residential development
entitled "Summerfield." This site is approximately 30
acres in size and is developed generally at a scale of
intensity and site design compatible with the proposed
general commercial development for the subject site.
The remaining surrounding property is
generally undeveloped or partially vacant large
_ � . , _ _
l T� the d m m��1 i-.t� cast a.t.........
L C.7.J.UCII V1Q.1. r.J GirVG1J• 1���.�1� 4 , I.I ICL L 1J Gi
large medium to high density residential zone
comprising approximately 30 acres. Ultimate
development of this district would or should involve a
large scale residential planned development :,rith
building sizes and site utilization plans of a scale
compatible with the subject site. A similar existing
development size, usage and density, is the
"Summerfield" planned development located immediately
north of this district. The "Summerfield" medium-high
density residential community clearly establishes the
scale for development of the vacant residentially zones)
property just east of the subject site. To the
southeast of the subject site _s a low density
residential area consisting of Targe vacant or
generally oversized residential parcels. This entire
area is -`geographically isolated from the ;More
intensive uses aligning both Highway 99W and Durham
t?�^.:r.7 i:.^.�.�..✓c to the 1-.....-..._.7 the d, t
Access
v ulc arca-i.S LvvvuLu l.tlG eilu vt y1Jc11
Street. This area generally slopes southward toerahe
the Tualatin River, is not associated with the
commercial developments to the northwest and is more or
less river oriented.
b. The site configuration and characteristics
shall be such that__the-privacy of adjacent non-commercial
uses can be maintained.
(1 )' The eastern border of the site abuts
113th Street. Further to the east of 113th Street is
a an undeveloped medium-high density residential district
of approximately 30 acres. The major entrances to the
14 - FINDINGS, CONCLUSIONS AND ORDER
r
subject property are along Highway 99W and Durham Road.
The proposed s�.tC devciopiiieiil plat-, illustrthat hat i lie
si to can provide an adequate depth for lanc!scape
buffer along the west side of 113th Street.
(2) The adjacent non-commercial uses to the
south could also be protected by a substantial bu" fer
strip. The southern portions of the subject property
are covered bJith 3 fail XtU t= tvA. YicCL L YilcltUrG D�3UC�iaS cit
and deciduous trees. A ravene also .generally follows
the southeastern border of the subject" property. The
subject property has sufficient depth to allow an
adequate buff,-r :,trip along the southern and
southeastern b_. undaries of the site to insure the
privacy of the adjoining uses.
(3) The adjacent lands to the southeast and
east are essentially undeveloped. Development of these
properties should also entail a subdivision or planned
development approval. Development proposals for these
neighboring properties would be subject to their o5,•.
r:^
A buffering requirements under the City's Comprehensive
D1-in inrl [rnmmunity Develooment Code provisions. In
�£ essence, the non-commercial uses will ultimately have
two buffer strips between them and the proposed
commercial uses on the subject site.
C. It should be. possible to incorporate the
unique site features into the site design and development
4ss plan.
The site is generally level along the intersection
of Highway 991 and Durham Road and gently slopes southeast
from that point. The treed steep proportions of the site
are along the southern and southeastern boundaries of the
site. As illustrated by the proposed site design plan ; a
development of the site could incorporate these site
features The commercial complex can be located in an 11L-
shaped" configuration to block parking lot activity, noise
and lighting from neighboring properties generally to the
south and east In addition, large bus:fer areas can be
�_ provided along the steeper southern and eastern boundaries
of the site. The major traffic flow can be directed onto
Highway 99W and Durham Road at the Summerfield Intersection ,
and away from the non-commercial uses to the,south and east.
d. The associated lights,. noiseandactivities
shall not interfere with adjoining non--residential uses.
(1 ) The non-residential uses to the west and
northwest are separated by Highway 99W, a n•-lane state
highway with additional lanes for turning movements at
the Durham Road intersection. The properties to the
15 - FINDINGS, CONCLUSIONS AND ORDER
north of the subject site are separated by Durham Road ,
a major coilee'Lor and the main: entrance to Summerfield
and Willowbrook Business Park. The properties are also
separated by street lighting and traffic signaiization .
(2 ) The proposed uses for the subject
property are the same or similar commercial uses found
at these adjoining non-residential properties to the
north and west. The associated lights, noise and
activities will be in conformity with these adjoining
properties. In addition , the subject property is of
sufficient size and topography to provide an adequate
landscape buffer area along the length of Highway 99W
and Durham road to further diminish any potential
adverse impacts on these adjoining uses. - - --
B. Compliance with Other Comprehensive Plan Policies
1. Section 2 - Citizen Involvement
a. Policy 2.1 .1 - The City shall maintain an
ongoing citizen involvement program and shall assure that
citizenc- viii be provided an opportunity to be involved in
all phases of the planning process.
(1 ) Public hearings were scheduled for the
comprehensive plan amendment and zone change
application, and notices of the hearings were duly
published in accordance with the requirements o the
ordinance. Public testimony was allowed at both the
Planning Commission and City Council hearings. The
Planning Commission public hearing was held on October
7, 1986, and the City Council public hearings were held
on November 3 and November 17, 1986.
(2) The City informed, in a timely manner,
the appropriate Neighborhood Planning Organization (WIPO
No. 61 and other citizen groups on the proposed
request. Testimony was given at each of the public
hearinas by the NPO representative.
2. Section 3 - Natural Features and Open Space
a. Policy 3.1.1 - The City shall not allow
development in areas having the following development
limitations except where it can be shown that established
and proven engineering techniques related to a specific site
plan will make the area suitable for the proposed
development: areas having a high seasonable water table
within 0-24 inches of the surface for three or more weeks or
the year; areas- having a severe soil erosion potential ;
areas subject to slumping, earth slides or movement; areas
having slopes 3n excess of 25%; or areas having severe weak
=..= 16 - FINDINGS, CONCLUSIONS AND ORDER
;;
foundation soils.
The subject site is at a relatively high elevation
compared to the adjacent Tualatin River drainage basin which
slopes southeast from the site. The site also is not
subject to severe soil erosion potential , slumping, earth
slides or movement, severe weak foundation soils; nor does
It have slopes In E'XS"ess of ?$% ac illustratcz�lv z
proposed development plan and Comprehensive Plan Volume I at
29 and 33.
b. Policy Section 3.2 - Floodplains and Wetlands
The subject site is not within the 100 year
fl
codplain as designated by Washington County and the City
of Tigard Comprehensive Plan. The City does designate a
small portion of the eastern boundary of the property as
being within a drainage way. The subject site is of
adequate size to enable a development of the site to include
an adequate buffer strip to incorporate most of this
drainage way area. Any adverse impacts in the development
�> would have to com- y wit-l3 'Policy 3.2.2 idenLif ied in the
Comprehensive Plan at II-14. The topographical layout of
the site and the proposed location of improvements
illustrate that the site can be developed while adequately
protecting this drainage way area in accordance with the
ordinance requirements. There are no existing hazards or
physical limitations on the site that would preclude its
ultimate development.
C. Policy Sections 3.3 - Natural Resources, j
3.4 - Natural Areas , and 3.5 - Parks ,
Recreation and Open Space
There are no rock mineral resources available at
the site as illustrated in Comprehensive Plan Volume I at
29. Similarly the subject site is not part of a significant
wetland or potential location for parks, recreation and
open space. There is some Douglas Fir and deciduous trees
located on the rite. Hs illustrated by the proposed
development plan, ultimate development of the site as
general commercial could provide a significant buffer along
the, southern and southeastern boundaries of the subject
property wherea substantial portion of these trees is
currently location. See, Comprehensive Plan Volume I at 39 j
and proposed site development plan attached to application.
3. Section 4 - Air, Water and Land Resources Quality
a. All waste and process discharges from future
development should be addressed during the site development
review process. The policies_regarding'air, water and land
. resource quality are principally based upon application of
t,
17 - FINDINGS, CONCLUSIONS AND ORDER
s .
u.
quality standards imposed by the DEQ and other appropriate
agencies. Development of the site will be subject to and
.. must comply with the standards.
b. Storm drainage and waste treatment
facilities, adequately sized to serve the development of the
site, abut the property and will be provided through City
systems. Storm and sanitary sewer mains are in Durham Road
along the northern frontage of the subject site.
C. Implementation strategy for Policy 4.1 .1 on
lir quality identi.fies that the City shall aim to reduce the
quantity of vehicle emissions by pursuing an energy
efficient urban forum which reduces the number of vehicle
miles travelled, and by encouraging the use of alternate
modes of transportation, especially mass transit and
pedestrian.
The location of the subject site provides general
commercial uses in the south end of the City where
substantial medium-high density residential developments are
located and the only high density residential designations
exist. These multifamily densities will be within one mile
of the proposed commF^cial center and thereby reduce vehicle
miles travel . The location of the proposed commercial
center immediately adjacent to Summerfield planned
development and the proposed changes to the Durham Road-
Summerfield intersection will provide pedestrian access
between the commercial center ar, concentrations of
residential densities. The proposed -ommercial site is also
located at Tri-Met bus routes and delivery points. The
Traffic Analysis Report identified that Metropolitan Service
District projects that four to six percent of all home based
trips would be made by transit in the Durham Road - Highway
994.1 traffic ways abutting the subject site. The location of
thisgeneral commercial development adjacent to major bus
routes and scheduled stops could create a reduction in daily
trips of 239 to 433 to and from the site.
4. Section 5 - Economy
a. Policy 5.1 .1 - The City shall promote
activities aimed at the diversification of the economic
opportunities to Tigard residents with particular emphasis
placed on the growth of the local Job market.
At II-29 the Comprehensive Plan sets forth the
rollowing finding regarding the make up of employment
opportunities: "Manufacturing, wholesale and retail
activities provide the majority of the employment
opportunities to area residents." The development of the
subject property as general commercial will provide
substantial part time construction employment and
18 - FINDINGS, C014CLUSIONS AND ORDER
substantial permanent retail related employment. Testimony
} identified that the development's general construction and
spec i.fi.c user alterations are expected to invclde
construction employment in excess of 100 people. After
completion, the development is expected to provide permanent
employment on both the full time and part time basis of
approximately 250 people. Testimony also identified that by
the v ry nature of this community commercial constructi oil
and services operation, it is expected that a majority of
the employees, general contractors and .subcontractors will
come from this sector of the metropolitan area. Development
of the site will cost between 10 and 15 mnilli:_,n dollars,
with a substantial portion remaining in the Tigard market
areas.
b. Policy 5.1 .3 -- The City shall improve and
enhance the portions of the central business district as the
focal point for commercial , high density residential ,
business, civic, and professional activity creating a
diversified and economically viable core area.
'testimony by the traffic engineer identified that
the large scale proposed general commercial use and
convenience services could not be accommodated in the
Central Business District due to inadequacy of the downto'an
traffic network. The vacant buildable land inventory
identified in Comprehensive Plan I-143 shows that there are
only 5.44 acres of vacant buildable land in the Central
Business District. In addition , there are 11.34 acres
located elsewhere in the CBD (PD) District. Testimony by
the applicant included a floodplain and wetlands map of the
Central Business District illustrating that the identified
vacant buildable lands are substantially restricted by
surrounding floodplain and wetlands designations .
t
fi Testimony identified that the site would be
developed as a 177,600 square foot shopping center for large
volume convenience shopping services including a super
grocery store and a super drugstore. Testimony of the
traffic engineer identified that such tra_`iiL
convenience services rely upon "drop in" shopping activity
that is inconsistent with the location and the traffic
network for the Central Business District. Ordinance
16.662.030(2)(f) and (1) identifies that the general
commercial zone (C-G) provides as permitted uses convenience
sales and general retail sales. The proposed location along
Highway 99W in the south end of Tigard corresponds to the
locational criteria for general commercial by providing for
major retail goods and services, large space users,
combination of retail , and provision that the uses be
adjacent to an arterial or major collector street.
19 FINDINGS, CONCLUSIONS AND ORDER
} i
c. Policy 5.1.4 - The City shall insure that new
e- commercial and industrial development shall not encroach
lnty resldcntial arG"?S that }1a\/(-' not b(_'Cn designated for
commercial or industrial uses.
The subject property is part of a mixed use area
that combines general comme.-Cial in large blocs developments
with medium to high density large block residential
development. The lands proposed for general commercial
development have not been committed physically to
residential development and could not be developed at medium
to high residential densities without annexation and
extension of public facilities and services to the site.
The surrounding uses commit the area to general commercial
development. The site is located on the southeast corner of
the intersection of Highway 99W and Durham Road. All three
other corners are either planned for or physically committed
to general commercial uses. In relation to those corner
general commercial developments there are abutting medium to
high density residential tracts created to provide a
transition to further remove;; lower density residential
tracts. The designation of this property will continue and
support the existing development pattern and planning
principles in this area. The proposed plan and zone changes
would also, thereby, satisfy the economic finding at II-30
of the Comprehensive Plan: "Residential development in
commercial districts complements commercial uses, helps to
minimize - crime within the commercial districts, provides
housing for senior citizens which is in close proximity to
shopping areas, and minimizes vehicular traffic which would
�f. reduce pollution and conserve energy." Testimony identified
that the proposed site is adjacent to the King City
retirement housing project and the Summerfield planned
development which is predominantly senior citizen occupied.
The subject site is surrounded on two sides by general
commercial and central business district zoning and a small
k' open space restricted area located north of Durham Road at
the northeast corner of the subject property.
d. Testimony was submitted identifying that the
proposed plan and zone amendments would aid the City in
carrying out its implementation strategies, particularly
strategy No. 10 at II-31 of the Comprehensive Plan. The
proposal would "aid in the creation and maintenance of new
and continuous employment opportunities to afford City
residents the choice of working within the City." The, City
is also directed to implement an economic development
program that also "strive to improve, diversify and
stabilize the economic base of the community thus reducing
the tax burden of the residential property owner."
Testimony identified that the provision of 177,600 square
feet of retail activity would provide a substantial
employment base in the category that the City has designated
20 FINDINGS, CONCLUSIONS AND ORDER
as "the majority of the employment opportunities to area
residents" and would provide a substantial economic base of
` 10 to 15 ,T�il.L.I. uuliars reducing the tax burden on local
residents. In addition, testimony identified that the
proposed plan and zone amendments would aid in effective
® ; utilization of land , energy and humart resuurc:es by providing
an appropriate buffer between the busiest major traffic
arterial in the City and residential zones, providing an
appropriate commercial use that is not adversely affected by
traffic noise and lighting along Highway . 99W, and also
insuring that service levels in the traffic corridor would
not be adversely impacted. The proposed plan amendment and
zone change carries out the finding that there should be a
provision for timely development of all public facilities
and services and their delivery systems. The subject
property is immediately adjacent to existing city public
facilities and services already being provided to intensive
general comercial uses. The subject property is located
within the urban growth boundaries of the City of Tigard,
` Washington County and MSD. All jurisdictions designate the
VrM property for intensive urban development. Intensive urban
uses already exist and surround the site on three sides.
F Immediate annexation, redesignation of the property as
general commercial and provision of public facilities and
services for the City of Tigard is consistent with the
City's economic policies and would be a provision for timely
development.
5. Section 6 Housing
a. Policy 6.1.1 The City shall provide an
opportunity for a diversity of housing densities and
residential types at various price and rent levels.
(1 ) The proposed plan and zone amendments
would eliminate 398 units from the City's vacant
buildable lands inventory. The site is a mixture of
densities ranging from low to high density residential
and consisting of 618 residential units. Since the
site would also be eliminated from the City's buildable
lands inventory, 10 units per acre can be subtracted
yielding a net loss of 398 units of housing potential.
(2) After the City adopted the Comprehensive
Plan and obtained compliance acknowledgment, the City
has approvedresidential zone increases in density.
Comprehensive Plan Amendment 20-84, Zone Change 13-84,
Comprehensive Plan Amendment 6-85 and Zone Change 7-85
resulted in a surplus of 42 units. For the City to
allow the subject site to be changed to general
commercial and bring the City into compliance with the
2-1 .. FINDINGS, CONCLUSIONS AND ORDER
housing standard of 10 units per buildable acre, the
City would need to provide 356 units increased density
elsewhere in the City.
(3) Testimony identified the feasibility of
the City to provide for increases in density elsewhere
in the City that would exceed 413 additional
residential units. Testimony by the applicant before
the Planning Commission and the City Council identified
that zoning density increases in the Durham Road area
adjacent to the property could provide for an
additional 480 units or more. Supplemental area
analysi . identified sites outside the Durham Road
transportation network that could provide an increase
in residential densities from 1 ,790 units to 2,206
units. The identification of these supplemental areas
was made on the basis of vacant buildable lands
ava; lahlE? for development and zoning restrictions
related to zone changes and locational criteria related
to increased densities. The City staff's independent
report identified corresponding and other potential
areas for increased residential density within the City
and determined that potential residential unit
increases were available that would total 1 ,275 units;
and the process for completing the plan amendments and
zone changes related to these residential increases
could be completed within three to six months.
b. Policy 6.3.1-3 and 6.6.1 - Transitioning and
buffer planning techniques.
(1) The proposed plan and zone amendments
would enhance buffering, screening and transitional
effectiveness for the area. Currently, the subject
property is located along the busiest transportation
corridor in the City. The site is also adjacent to two
highly intensive general commercial business complexes.
Testimony identified that the combination of these
surrounding uses to the location results in the subject
property being inundated with high volumes of noise,
light, movement and vibration. Testimony further
identified that the subject property should not be
designated for residential use that would be forced to
absorb .all these adverse commercial urbanization and
traffic impacts. Instead, the property should be
designated commercial to provide a transitional buffer
between the traffic and light generation noises and the
residential uses and zones to the southeast.
(2) Testimony identified that development of
the subject property would provide the location of a
large single structure to function as a solid screen
for the southeastern residential area. The combination
22 - FINDINGS, CONCLUSIONS AND ORDER
i
y
of these planning techniques would provide a buffer
between the noise generation on Highway 99W/King
City/Willowbrook Business Park and the lower density
residential designations to the southeast along the
Tualatin River. Testimony also identifies, that the 22
acre sites^ is of sufficient depth to act as a buffer to
screen out both noise and sound from the neighborhood
to the east. With the establishment of general
commercial at the subject site, there would be a
residential transition zone of medium density to the
east and southeast transitioning to lower density to
the further southeast and east. To LIIC iI—ittedlatc south
of the site there is an already existing medium density
residential zone and development which would provide a
consistent transitioning series of zones from the high
intensity activity at the intersection of Highway 9911
and Durham Road.
6. Cochin- 7 — Piihl i c Facilities and Services
a. Policy 7.2.1 requires as a pre-condition to
development that a site development study be submitted
insuring protection of natural drainage ways , compliance
with floodplain requirements and adequately addressing
drainage and erosion control characteristics .
Policy 7.2.1 would be addressed at the site
development review phase of development. The Applicant has
submitted a proposed site development plan which identifies
the topography of the site and natural drainage ways .
Testimony identified that none of the subject site is within
the 100-year floodplain and that the natural drainage way is
located at the southeastern portion of the site and can be
maintained in a buffer area as designated on the proposed
site development plan. The site is moderately sloping to
the south. Testimony identified that the steep proportions
of the property along the southeast which might affect
erosion would be located within a buffer area and not
utilized for development improvements Testimony and the
proposed site development plan identified Lhat it is
feasible for the proposed change to general commercial to be
adequately located and developed on the site in accordance
with Policy 7.2.1.
b. Public facilities adequate to serve the
property as general commercial are located adjacent to the
property and include two 12 inch water lines, one in Durham
Road and one in Highway 99W; and sanitary sewer and storm
sewers located in Durham Road. Police protection is
provided through the City of Tigard and fire protection
through Tualatin Rural Fire District and all private
utilities such as natural gas, electric and telephone are
already adjacent to the site to the immediate north and
west. Extension of these services to the subject property
23 - FINDINGS, CONCLUSIONS AND ORDER
are consistent with comprehensive plan policies and mould
result in a timely, orderly and efficient arrangement of
pul)lic facilities and service:.
C. The provision of general commercial at the
site will not adversely impact schools , but will aid in
providing the necessary economic base to the City to help
alleviate the residents' burden for school budgeting. The
proposed development of the site would be valued between 10
and 15 million dollars. Testimony also identified that the
proposed change would be consistent with other related urban
services such as local government facilities, iiorar}°
services and solid waste disposal and recycling.
7. Section 8 - Transportation
a. Policy 8.1.1 - The City shall plan for a safe
and efficient street and roadway system that meets current
needs and anticipated future growth and development.
The proposed plan and zoning amendments are
consistent with the City's policies for transportation.
See , the information pertaining to traffic identified in
Section III , B, 2 above. A Traffic Analysis report and
testimony of the traffic engineer identified traffic impacts
generated by a redesignation of the subject property as
general commercial. The Traffic Analysis report was
supported by the traffic engineers from the Oregon
1" Department of Transportation, the City of Tigard, and a
competing commercial property owner to the north of the
subject site. Testimony identified that the proposed plan
and zoning amendments would not significantly change the
existing Level of Service for roadway networks and
intersections in the area. Under scenario No. 2 of the
Traffic Analysis, Highway 99W and Durham Road would remain
at "A" during A. M. peak hours and at "C" at P. M. peak
hours. The intersection of Durham and Summerfield Roads
would remain at Level of Service "A" at both A. M. and P. f;.
peak hours.
The applicant' s proposed development plan would
involve improvements, including signalization, to the
intersection of Durham Road and Summerfield Street. The
City's comprehensive plan identifies at I-244 that several
accidents have occurred at the intersection of Summerfield
Road and Durham Road in the span of just one year.
Testimony identified that since the adoption of the plan
many more accidents have occurred at this intersection.
Testimony further supported the position that the
installation of signalization at this intersection would
significantly aid in eliminating traffic accidents. Such
installation of signalization could only occur, from a
practical sense, by the commercial development of the
24 - FINDINGS, CONCLUSIONS AND ORDER
subject property with the creation of a main entrance
directly south of the intersection of Durham Road and
® Summerfield Street . Testimony indicated that retaining the
subject property as residential density could result in
separate parcels of the site being developed independently,
and thereby., precluding the City's ability to insure that a
central entrance at Summerfield and Durham Road be provided
for the entire subject property.
The subject site abuts two publicly dedicated
strnets 4-t-al " '-e st - accordance with or
u1a1 11 LC211 CvnaLiii� LCU _lfl ClccOr(1
satisfied City's standards. The applicant agrees to commit
to the construction of such 9LreeL y111p1Vve111ClllJ , C,Llr'ves , anu
sidewalks as required by City standards for the development.
The applicant also agrees to provide intersection
improvements and signalization as may be required during the
site development review process for the Durham Road -
Summerfield intersection. Testimony also identified that
the site and the proposed uses are compatible and :Jill
enhance mass transit consideration as identified in the
City's Comprehensive Plan under Section 8 .
C' t., r'nrrinrtahanSi ern P1 an �t I-23� and
235 identified that the City has the transportation policies
that "the City shall encourage the assumption of J�
jurisdiction from Washington County off Durham Road between 1
Hall Boulevard and Pacific Highway (Highway 99V011 and
"Durham Road shall be improved to 2 moving lanes of traffic
;. with the provision for left turn movements." Testimony
identified that the accomplishment of these traffic policies
a.° can occur with the annexation of the subject property and
redesignation to general commercial. These functions would
provide the City with an opportunity to assume jurisdiction
14 over Durham Road near Highway 99W and receive dedication of
adjoining right-of-way during the site development rev�.ew
process for needed intersection and roadway improvements
without cost to the City.
C. The proposed plan and zone amendments are
consistent with transportation policies concerning mass
transit. Testimony was given that showed the subject
property as served by Tri-Viet bus routes and scheduled
stops. Approximately 84% of the neighboring r es Iden tial
units are within five blocks of bus -transportation and stops
as identified in Comprehensive Plan I at 253 and an exhibit
on census tract 308 characteristics. The Traffic Analysis
also identifies that MSD projects that four to six percent
of all home based person trips for purposes unrelated to
work will be made by transit, including trips to the
proposed commercial shopping area. The subject site will
provide for major department, drug and grocery stores at
this central location. The site is also adjoined by large
tracts of existing and planned for medium to high density
25 FINDINGS, CONCLUSIONS AND ORDER
residential development. Testimony was given that is
(� reasonable to assume that the development and usage of the
` subject site will encourage pedestrian and bus ridership by
neighboring households. The resulting alteration in tra-f i c
® pattern should help to reduce traffic on Highway 99W and
collector streets at intersections north of tri s Durham-
Highway 991.1 neighborhood.
8. Section 9 - Energy
Y a. Policy 9.1.1 _ The City shall encourage a
reduction in energy consumption by increased opportunities
for energy conservation and the production of energy from
alternative sources.
The land and uses developed on the land shall be
managed to control so as to maximize the conservation of all
forms of energy, based upon sound economic principles. ^he
City Development Code provisions for energy conservation
shall apply to the redesignation of the property as general
commercial. In particular, the proposed site development
plan illustrates that general commercial uses at the subject
site °iv i.ii a,i.0 :iii tL.!`te conservation of energy through �che
enhancement of more efficient transportation modes and land
STM,
use patterns, reduction of travel distances between
residential and commercial areas, generally increasing
densities of land uses at the site, and enhancing the
prospect for mass transit ridership. Evidence supported
4411 that these functions of the development proposal support the
:. finding for energy conservation under the City's
Comprehensive Plan, Volume II at 62. Development of the
site as general commercial would require compliance with
these plan policies during site development review.
9. Section 10 - Urbanization
a. A portion of the site, Tax Lot 100, was
previously within the City boundaries prior to this
application. Testimony established that the entire site is
within the Citv'G and the ptSD's urban arowi-h hcundar.v.
b.+ The remainder of the subject site has been
approved for annexation by the City and is now pending final
approval before the Portland Metropolitan Area Boundary
Commission. Annexation of the entire subject site is
contemplated by provisions of the City's Comprehensive Plan.
Extension of sere ces shall be within the Cityis boundaries.
10. Section 11 -` Special Areas of Concern
a. The location of the subject property is no-it
within one of the areas of special concern listed in Section
r ' 11 of the 'Comprehensive Plan at 1I-71 to 76. The site is
" ?6 - FTNDINGS. CONCLUSIONS AND ORDER
located in NPO No. 6. In Comprehensive Plan Volume I at
page 234 there are listed some development issues for NPO
No. 6 that pertain to the site. The City shall encourage
the assumption of jurisdiction from Wash ngtc)n county of
Durham Road between Hall Boulevard and Pacific !i1_ghway
(Highway 9911) ; and Durham Road shall be improved to two
Moving lanes of traffic with the provision for left turn
movements. Testimony established that the annexation and
redesignation of the subject property as general commefc-ial
are consistent with these policies or. issues and will
enhance the City's ability to assume -jurisdiction over
Durham Road and insure improvements to that roadway in the
area of its intersection with Hiahwav 99W.
® C. Compliance with Statewige Planning Goals
1 . Goal No. 1 — Citizen Involvement
The proposed Comprehensive Plan and zone change
amendments have required a series of public hearings before the
Planning Commission and the City Council in accordance with the
City's Development Code Section 18.32.090(c) and (d ) . Planning
Commission public hearing and pub-1is testiimony were he-1 ,4 �n
7 P'
October i, 1986. City Council public hearing and public
testimony were held on November 3 and 17 of 1986. The
established neighborhood association (NPO No. 6) recognized for
the subject site area participated in the hearings and gave
public testimony. The public hearing process ensured that the �
citizens of the City were provided an opportunity to be involved
in all phases of the planning process for these amendment and
zone changes. The City of Tigard has received compliance
acknowledgment from LCDC as to these planning and ordinance
provisions, thereby establishing that this review process t,Jas
consistent with the Statewide Planning Goal_ No. 1 . -
2. Goal No. 2 Land Use Planning
Goal No. 2 states that each plan and related
G
t
imple��� r...ut
e ,.io<< �i�caSuiir. Jllal'1 be coordinated with the .plans of
affected governmental units. Prior to the application for
Ann,=•vn pion, a ma-j�rity of t-Inm sits was within irhe ii+i^iS^ir�i nn n
Washington County. Washington County had not adopted a
Comprehensive Plan mapping designation for the site even though
it was within the County's urban growth area. Washington County
had elected to place primary planning responsibility for growth
in this area to the City of Tigard. All affected governmental
units were provided with notice of the public hearings. An
adequate factual basis for decision has been presented and
related facts pertaining to the various goal considerations. The
proposed changes, as identified herein, are compatible with the
policies and ' goals of the Comprehensive Plan of the City of
Tigard.
' 27 — FINDINGS, CONCLUSIONS AND ORDER
i
f
-t
3. Goal No. 3 - Agricultural Lands
The subject property is not and has not been
designated as agricultural lands either under Washington County
or City of Tigard planning and zoning. The current use u
property is residential . The subject site and the entire
surrounding area are within the Portland Mot-ropolitan Uruan
Growth Boundary previously acknowledged by LCDC. There is no
conflict between the proposed plan and zone changes with Goal No.
3.
4. Goal No.. 4 - Forest Lands
The subject site is not and has not been
designated as forest lands by either Washington County or the
City of Tigard. As stated in subsection 3 above, the land is
designated urban and is committed to urban uses. There is no
conflict between the proposed amendment and zone change and Goa
No. " .
5. Goal No. 5 - Open Spaces, Scenic and Historic
Areas, and Natural Resources
There was no portion of the subject property that
is within a designated open space, scenic, historic or natural
resources area. The City's Comprehensive Plan and Volume II of.
the Washington Comprehensive Plan Urban Area (June 1982 )
identifies that.'
hat the site is not within forest- lands nor the 100
year floodplain:. The entire site is designated as "growth
allocation" for a subsequent determination by the City of Tigard.
The Comprehensive Plan mapping for the City of
Tigard designates the property entirely for urban uses. There is
a designation of the stream corridor approximately located at the
southeast corner of the site. However, any development of the
site and alteration to the seasonal stream corridor would require
a hearings process for a "Sensitive Lands Permit". These
planning designations and regulations have already received
compliance acknowledgment from LCDC. Therefore, the proposed
amendments and zone change are in conformance with Goal No. 5 .
6. Goal No. 6 - Air, Water and Land Resources Quality
The proposed planning and zoning a�lendriientS �.re in
conformance with Goal No. 6. All waste and process discharges
from future development shall not threaten to violate, or violate
applicable state or federal environmental quality statutes, rules
and standards. Upon annexation, the site shall be served by a
sewerage processing system through the City of Tigard.
Correspondingly, storm drainage and waste treatment gill also be
provided through City systems. A change to general commercial
for this site will also involve the same requirements related to
indirect sources of air pollution for a site located within the
28 - FINDINGS, CONCLUSIONS AND ORDER
Portland urban area.
.T 7. Goal No. 7 - Areas Subject to Natural Disasters
and Hazards
There are no areas within the subject site tilat
are subject to natural disasters and hazards as defined under
Goal. No. 7.
8. Goal No. 3 - Recreational Needs
There will be no change in the requirements for
recreational need by the proposed amendment and zone change. The
site is not designated under the City's Comprehensive Plan .00r
recreational needs, therefore, the application is consistent with
Goal No. 8.
9. Goal No. 9 - Economy o' the State
a. The proposed amendment and zone change will
substantially aid the City satisfying the Statewide Planning
Goal requirements for diversity and improvement of the
economy of the state. The City identified in its
Comprehensive Plan Resource Document (Vol. 1 ) at I-144 that
it c-)ntemplated "commercial shopping development will occur
ale.--; Pacific Highway on land zoned commercial which is �
closer in proximity to residential development than the
hlghway oriented sites. ,, Since its adoption in 1983, this
has clearly proven to be the case. Substantial in-fill of
commercial development has occurred along Highway 9911: E
necessitating additional lands to be designated for
commercial. The subject site at the intersection of Durham
Road and Highway 99W abuts the leading edge of residential EEE
grovith areas for the City. This is particularly the case
for medium to high density residential as the site is
located near the Summerfield planned development and a 30
acre site designated for medium-high density residential to
the east.
b. Comprehensive Plan Volume 1 also provide
that "ultimately, individual development decisions dill be �
made on the basis of site availability, adequacy of the site
for a particular purpose in terms of size and shape,
municipal development standards governing the land , {
topographical features, availability and capacity of
utilities, as well as access to highway and proximity to
uses of a similar nature." In addition to this provision ,
the City has provided locational criteria in the plan. Both
the general policy and the locational criteria are satisfied
for this site. There is a substantial absence of vacant
general commercial lands of 20 acres or greater in size
within the City planning area. This is also reflected by
the Comprehensive Plan's statement that "the supply of I`
29 -- FINDINGS, CONCLUSIONS AND ORDER
. ♦P
developed commercial space is low, but it is c::pected that
the supply will catch up with needs before long. " The
addition of this 22 acre site will substantially aid the
City in meeting its own economic needs, as well as, aid the
state in providing a broader and more diversified economic
base. The City of Tigard needs to designate this 22 acres
as general commercial to provide for a more complete variety
and selection of commercial uses and services, particulary
convenience shopping and the super market area, for this
ma .et area of the City.
C. Development of the site as general commercial ,
as illustrated by the proposed site development plan, would
cover 22 acres and provide commercial building square footage
of 177,600 square feet. These specifications correspond
wL h the large parcel site oriented commercial developments
already established to the west and north of the su;:)ject
property. In addition, testimony submitted at the hear_ng
identified 'that commercial uses contemplated for the subject
site would be providing a wide variety of goods and services
to a market having a population well in excess of 30 ,000.
The proposed uses include a major regional grocery facility,
_ a department stare and other general re.raJ , .s-r'v'ices. Thar e
are no department stores within the surrounding general
commercial and central business districts. The nearest
department store is approximately three and one-half miles
north on Highway 99w. There are a variety of commercial uses
in a local economy which assume and incorporate a level of
direct competition. These commercial services sometimes
provide different levels of service for the same products or
a different style of product. Each level and style
comprises a portion of the total market share. Testimony
identified that in the the south Tigard area, there is only
one existing general grocery store, i.e. , Kienow's located
in King City Plaza. Approximately a mile to the north in
Canterbury Square is a Thrif twat' 'grocery store. The only
other general grocery stores are located approximately three
miles to the north in downtown Tigard. No super grocery
stores are in the vicinity or within a three mile area.
Evidence was submitted identifying that it is wel
astaulished tial grocery shopping needs of any given
community involve competition between a number of different
general grocery stores. For a'populat.ion market in excess
of 30,000 people identified in the U. S. Census , there is a
substantial _ absence of general grocery sevices for the
market in this area. Evidence was also submitted that there
is only one grocery store for a_! of Census Tract 303
surrounding the subject property.
The subject site is also suitable for a large
drugstore , facility. Testimony identified that a super
drugstore operator was available for the site development.
30 - `FINDINGS, CONCLUSIONS ANO ORDER
r
{
Testimony also identified that there is an absence of large
`. drugstore facilities in the southern port-i.ons of the City of
cility
Tigard. The nearest large drugstore fa e ii0i�super
drugstore is located approximately three miles to the „
in downtown Tigard at the north end of Blain Street.
d. The development of the site as general
commercial , as illustrated by the site development plan ,
would provide substantial temporary construction employment
for the site. The development's general construction and
specific user alterations are expected to involve employment
in excess of 100 people. After completion, the development
is expected to provide permanent employment on both a full
time and part time basis of approximately 150 people. By
the very nature of this community commercial construction
and services operation, it is expected that a majority of f:
the employees, general contractors and subcontrators will
come from this sector of the metropolitan area.
e. The site is well within edhe LPortland
and
I. et-r.,. i it,n Ilrhan Growth Boundary acknowledged y
„��..t..
r 1 iated b
falls within the Pacific Highway corridor conter, p Y
both Uashington County and the City of Tigard as appropriate
for large block general commercial development locations. `
Thereby, the proposed amendment and zone change would be
consistent with and would enhance ti-,e economy of the state �
under Goal No. 9. :
10. Goal No. 10 - Housing
The redesignation of the subject site as general
commercial will eliminate 398 housing units contemplated by the
City's vacant buildable lands survey. As a condition of approval
to the proposed amendment and zone change, the City will seek to
provide these needed housing units through residentia= density
increases during a subsequent legislative and quasi-judicial
review process. The feasibility for the City to redistribute
® these 393 residential writs elsewhere in the City is illustrated
..,
n paragraph V, B, 5 Herein. The variety of alternative areas
i
for redesignation through the City establish that the City Has t
ample opportunities during the subsequent legislative and quasi-
;udicial process to maintain its housing standard of 10 units per
vacant buildable acre and provide for flexibility of housing `
Therefore, the application by
location, type and density.
conditional approval incorporates the replacement of the 390
residential housing units through the extended legislative and
quasi-judicial review process and thereby complies with the
provisions of Goal No. 10.
11. Goal No. 11 - Public Facilities and Services
The proposed plan amendment and zoning change
would be consistent with Goal No. 11. The redesignation of the
31 - FINDINGS, CONCLUSIONS AND ORDER
T
property to General Commercial would result in a timely, orderly
and efficient arrangement of public facilities and services. The
site is designated for urban densities as a result of being
within the Portland Metropolitan Urban Growth Boundary. Both
Washington county and the City of Tigard have designated tine site
for intensive urban uses. Prior to its current annexation to the
City of Tigard, ,the site could be developed unless urban se:'vices
were extended "through annexation. Full urban services can be
extended to the site and immediately utilized upon anne:cat ion to
Tigard and redesignation of the property as General Commercial .
The site can be adequately served with sewer, water and
related utilities. Such public facilities and services already
adjoin the site and are providing services to both the General
Commercial zone to the north and the Central Business District to
the northwest. The City already has responsibility for the
provision of public facilities and services to Tax Lot 100 prior
to the application. It is most appropriate and timely for the
surrounding properties to annex and be served by the same
facilities and services. Therefore, the proposed plan and zoning
amendments are consistent with Goal No. 71,
12 . Goal No. 12 - Transportation
The proposed plan amendment and zone change are
consistent with Goal No. 12 and would aid in providing and
encouraging a safe, convenient and economic transportation
system. As identified above in Paragraph V, G, 7, a Traffic
Analysis report has been completed for the subject site and
surrounding area. The development of the site as General
Commercial will not significantly change the existing Level of
Service for the surrounding roadway networks. Testimony
established that the proposed roadway improvements as part of
site development would alleviate existing traffic congestion near
the site and provide additional capacity to incorporate full
development of the site without exceeding Level of Service C for
the intersections in the area.
13 . Goal No. 13 -- Energy Conservation
The land and uses developed on the land sha.11 be
managed and controlled so as to maximize the conservation of all
forms of energy, based upon sound economic principles. The same
Tigard Community Development Code provisions for energy'
conservation shall apply to the redesignation of the property as
General Commercial. In particular, the development proposal as
identified above would aid in the conservation of energy through
the enhancement of more efficient transportation modes and land
use patterns, reduction of travel distances between residential
and commercial areas , generally increasing densities of land uses
at the site, and enhancing the prospect for mass transit
ridership. These functions of the development proposal support
the finding for energy conservation upon the City's Comprehensive
32 - FINDINGS, C0 4CLUSIO14S- AND ORDER
t �
Plan, volume II at 62. These provisions have obtained compliance
acknowledgment from LCDC, and therefore, the proposed plan
amendment and zone change are in conformance with Goal Ho. 13.
14. Goal No. 14 - Urbanization
{ The subject site is within the urban growth
® boundaries of Washington County, City of Tigard and MSDIs
metropolitan UGB. The urban growth boundaries of Tigard and MSD
have been given compliance acknowledgment by. • LCDC. The zone
change that is proposed is merely a change from one intensive
urban use to another intensive urban use. The plan and zone
change proposal does not require any establishment or change in
® the existing urban boundaries. Therefore, the proposed plan
amendment and zone change are in conformance with Goal No. 14 .
VI. CONCLUSIONS
The record and findings support the c_uncJ usion5 that :
A. The proposed plan amendment and zone change satisfy all
the locational criteria required for a change to general
commercial in that:
1. The spacing and location are appropriate for
general commercial ;
2. Access at the site is excellent in relation to
' street capacity, traffic volumes, speed limit, turning movements ,
traffic generation and public transportation;
3. Site characteristics are appropriate for general
commercial in that the site is of a size which can accommodate
present and projected uses, as well as, having high visibility;
4. Impact assessment of the application establishes
that the scale of the project shall be compatible with
surrounding uses, site configuration and characteristics shall be
able to maintain privacy of adjaceni. non-ccmma.ci::l ,.;iV<<A
site features may be incorporated into the site design and
development plan, and associatedlights, noise and activities
shall not interfere with adjoining non-residential uses.
B. There is an economic and planning need for general
commercial at the subject site and the proposed change is
entirely consistent with the Comprehensive Plan and all other
applicable plans and policies adopted by the City.
C. The proposed plan amendment and zone change satisfy all
standards specified in the Development Code for approval .
D. Approval of the plan amendment and zone change should
be conditioned upon subsequent provision of replacement housing
33 FINDINGS, CONCLUSIO14S AND ORDER
■
units to enable the City to maintain its housing standard of ten
(� units per acre, requiring a redesignation of other properties
within the City for an increase in residonti-al. density of rl?
units to 418 units.
• There ora, t i.: concluded that this application should be
approved, subject to the following conditions:
VII. DECISION
1. The City Council of the City of Tigard grants approval
of application CPA 6-86 and ZC 10-86 subject to the following
conditions:
A. Replacement of 398 residential dousing units must be
k approved by the City Council through the replanning
and/or rezoning or other properties within the City.
The proposed plan amendment and zone change shall not
i+c�.vm� ^i f��ti vv until �L'C�: ranlarp!T1Arit 1"1nllSlf?`y 1S
approved.
B. The location of such replacement residential units
shall not be situated as to effect a substantial
adverse traffic impact upon Durham Road.
C. The applicant shall be entitled to apply for and
complete site development review, and all other related
land development approval processes. Such site
development and related review approvals shall be
conditioned upon compliance with the requirements of
Paragraphs A and B above.
Z,
Application for the planning and zoning for the above
described replacement residential housing units is hereby
initiated by the City Council , the planning staff is directed to
provide for and carry out its responsibilities in relation to
such planning and zoning process, and the time periods designated
in the Community Development Code Section 18.30.030 for
® alegyslative change is waved.
3. The planning and zoning process for the above described
replacement residential, housing units shall be carried out in the
following manner:
A. The planning staff and the applicant herein shall
cooperate to presentto the City Council a proposed
target area or areas for potential replacement housing.
\B. The Planning Commission shall conduct a public hearing
orhearingsto change planning and/or zoning within the
target area or areas, and make recommendations to the
City Council as to changes and parcels of land to
potentially provide for the replacement of 398
34 FINDINGS, CONCLUSIONS AND ORDER
{ jr i
residential housing unit, and at such public hearing or
hearings individuals may participate and request
additional lands be considered by Lite Planning
Comm i_s,i.on a
C. The City Council shall review by a regularly scheduled
public hearing the recommendations of the Planning
Commission for decision,
APPROVAL: Gerald Edwards, Valerie Johnson and Tom Brian
DENIALS: None
ABSTAINED: Carolyn Eadon
35 FINDINGS, CONCLUSIONS.AND>ORDER
EXHIBIT -BO _ —
4 SEE MAP
2S 1 rootLQ
�"' y 1 R Sw SEE MAP
a. f 2S I IOOC
1701
• / 3000 3000 '3002 4_r4
10
s•O r. 70 Ar.. 5.84 Wit. S.
AC
• J � f8
23-74
o
f. .• `. m 115 110 �.
,o
o IS
i
�Ao
"�,• 1800
eee•
s74 7s
/ - /.r
200 `. 2802J. SAf. 2800!4/AayLtOAa 20 —�M_ 18t
2803 2801 �.
19 a 190(
z.e!
•7•/ u ao•N a Y N
L n o
300
8490 4 2%
283.2' z° Ig
r6
2700 1 w
400 _ 1 328
r'Af 2100
., - - _ r27
21 - 487.0 50.0 it 66A,
•.<. 2703 02702
705. 04 iesA� 1! .3sAe. _/&Ac_ 'F Ac as
i cS :SC:.
•u Z J
-
_ 487.0 .P
22C
26CO r
It
F
f �
>Y
® °{ Zit