Ordinance No. 89-07 CITY OF TIGARD, OREGON
ORDINANCE NO. 89-
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.."'E 1DO-PT ` w•iNtl mag AND CONCLUSIONS TO APPROVE A COMPREHENSIVE FLAN
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AMENDMENT v(CPA 89-01)w AND ZONE CHANGE (ZC 89-02) ir£tvrvSai� L'� PATRICK N.
NESBITT ASSOCIATES, INC. (GOLDEN KEY INVESTORS) FOR APPROXIMATELY 3,700 SQUARE
FEET OF THE GOLDEN KEY APARTMENTS SITE.
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WHEREAS, Patrick M. Nesbitt Associates, Inc. has requested a Comprehensive
Plan Amendment from High Density Residential to General Commercial, and a Zone
Change from R-40 (Residential, 40 units/acre) to C-G (General Commercial); and
WHEREAS, the Planning Commission reviewed the proposal on February 21, 1989,
and recommended approval of the amendments; and
WHEREAS, a public hearing was held before City Council on March 6, 1989, to
consider the Commission recommendation.
7'
THE CITY OF TIGARD ORDAINS AS FOLLOWS: `
Section 1: The proposal is consistent with all relevant criteria as
discussed in the February 21, 1989 Planning Division's staff
+
report to Planning Commission (Exhibit "A").
Section 2: The City Council upholds the Planning Commission's recommendation .
for approval of the Comprehensive Plan Land Use Map and Zoning
Map Amendment as set forth in Exhibit "B" (map).
Section 3: This ordinance shall be effective on and after the 31st day after
its passage by Council, and approval by the Mayor. k"
PASSED: By UI1 MI ft1Utt5 vote of all Council members present after -
being read by number and title only, this day `
ofCL�GGZ 1989. ,.
Catherine Wheatley, De uty Reco&er
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APPROVED: This L.� day of 1989.
i ! l it r
Valerie A. Johnson
pgbved as to fo
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ORDINANCE NO. 89- G2
Page #'
STAFF REPORT AGENDA ITEM 5.1
FEBRUARY 21, 1yS9 - 7:00 P.M.
TIGARD PLANNING COMMISSION
TIGARD CITY HALL - TOWN HALL
13125 SW HALL BLVD.
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE: Comprehensive Plan Amendment CPA 89-01, Zone Change ZC 89-02
REQUEST: For a Comprehensive Plan Map Amendment from High Density
Residential to General Commercial and a Zone Change from R-40
(Residential, 40 units/acre) to C-G (General Commercial) for
3700 square feet.
APPLICANT: Patrick M. Nesbitt Assoc. Inc. OWNER: Golden Rey Investors
8625 SW Cascade Ave. PO Box 1132
Beaverton, OR 97005 Tualatin, OR 97062
LOCATION: 9050 SW Scholls Ferry Rd. (a portion of WCTM 1Sl 2630, tax
lot 1700)
2. Background Information
The Golden Rey Apartment complex, of which the subject area is a portion,
was developed in the early 1970s. The adjacent Embassy Suites Hotel was
developed in the mid 19809. Both developments occurred while their
respective parcels were still under the jurisdiction of Washington County.
These parcels and adjacent parcels were annexed to the City of Tigard in
April, 1987. No land use applications regarding these parcels have been
reviewed by the City since annexation.
3. Vicinity Information
The area surrounding the subject area is zoned C-G (General Commercial)
and is developed with a variety of commercial uses except for the
remainder of the affected parcel which is zoned R-40 (Residential, 40
units/acre). Th® remainder of t:" subject., .Q suu,�:c piasdel is developed with the
83 unit Golden Rey Apartments. The parcel immediately north of the
subject area is developed with the Embassy Suites Hotel except for area
abutting the subject area. This portion of the Embassy Suites development
is currently vacant.
4. Site Information and Proposal Descrintion
The 3700 square foot area involved in the proposed redesignation currently
is developed with an in-ground swimming pool serving the Golden Rey
Apartments. The pool area is surrounded by a,wooden fence. The applicants
STAFF REPORT CPA 89--01/ZC 89-02 GOLDEN EERY INVESTORS PAGE 1
EXHIBIT. A
request a Comprehensive Plan Map amendment from High Density Residential
r to General Commercial and a zone change from a-an 'Residential 40
units/acre) to C-G (General Commercial) for this area. The stated
purpose of the redesignation is to allow a subsequent incorporation of the
affected area with the parcel to the north with development of an office
building to follow which would require City review through the Lot Line
Adjustment and Site Development Review procedures.
It is important to note that use of this area would not be limited to the
stated proposed use as an office building site but rather should be
considered available for any use allowed in the C-G zone if the
redesignation is approved.
5. Agency and NPO Comments
The Engineering Division, Building Division, Metzger Water District, and
Washington County Fire District #1 reviewed the proposal and offered no
comments or objections to the proposed plan/zone amendment. All reviewing
agencies will have an opportunity to review any subsequent development
application affecting the subject area.
No other comments have been received.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Statewide Planning Goals 1, 2, 9,
and 10, and City of Tigard Comprehensive Plan policies 1.1.2, 2.1.1,
5.1.4, 6.1.1, 6.6.1, 7.1.2, 7.6.1, 8.1.1, and the locational criteria for
General Commercial designated areas (Section 12.2).
The staff concludes that the proposal is consistent with the applicable
Statewide Goals based upon the following findings:
1. Goal 1 is met because the City has adopted and follows a citizen
involvement program which includes review of development applications
by the Neighborhood Planning Organization. In addition, all public
notice requirements have been met for the subject application.
2. Goal 2 is met because the City has applied all applicable Statewide
Planning Goals, City Comprehensive Plan policies, and Community
Development Code requirements in review of the application.
3. Goal 9 is met because the proposal would increase the City's
developable commercial land base thereby increasing economic
opportunities within the City.
4. Goal 10 is satisfied because, although the proposed action would
reduce the amount of residentially designated land in the City, the
area to be redesignated is greatly affected by the surrounding
commercial development and thus is probably not well suited for
expanded residential use. Redesignation of the area will not affect
the City of Tigard's compliance with OAR Chapter 560, Division 7 - the
STAFF REPORT CPA 89-01/ZC 89-02 GOLDEN KEY INVESTORS PAGE 2
G
Metropolitan Housing Rule's requirements for new construction mix and
l` minimum residential density for new construction since t" parent
parcel containing the Golden Key apartments is presently developed and
therefore is not considered buildable land in the Comprehensive Plan.
The staff concludes that the proposal is consistent with the Comprehensive
Plan based upon the following findings:
1. Policy 1.1.2, Implementation Strategy 2 is satisfied because the
policies of the Comprehensive Plan are satisfied as described below
and because significant physical changes in the neighborhood, as
evidenced by the great amount of commercial development surrounding
the subject area, have occurred since the site's original residential
designation. This growth in commercial development, along with
traffic, noise, and other associated impacts, has likely reduced the
suitability of the Golden Key Apartments for further residential
expansion. Implementation stategy 2 is also stated as Code Section
18.22 040.
2. Policy 2.1.1 is satisfied because Neighborhood Planning organization 8
and surrounding property owners were given notice of the hearing and
an opportunity to comment on the applicant's proposal.
3. Policy 5.1.4 is satisfied because the redesignation would not result
in commercial encroachment into a residential neighborhood other than
a small reduction of the Golden Key Apartment's site. It is unlikely
that the change would affect the number of realistically potential
dwelling units on the site although the reduced residential area would
decrease the theoretical potential by three dwelling units. The
apartments have already been adversely affected by surrounding
adjacent uses and highways and therefore are probably not well suited
for expanded residential use. Encroachment of commercial development
is therefore not a significant issue.
4. Policy 6.1.1 is satisfied because the proposed redesignation and
subsequent lot line adjustment and office development is not
anticipated to affect rent levels or housing opportunities in the
Golden Key Apartments.
S. Policy 6.6.1 will be satisfied upon future development of the area.
Site Development Review provisions will require that buffering and
screening bo provided between any future commercial development on the
area to be redesignated and the existing apartments.
6. Policies 7.1.2 and 7.6.1 are satisfied because adequate public
facility (i.e., sewer, water, storm drainage) capacities exist to
serve the site. Any further development will be required to connect
with those systems as a condition of approval. Public service
providing agencies will be given the opportunity to review any
proposal for further development on the site.
STAFF REPORT CPA 89-01/ZC 89-02 GOLDEN KEY INVESTORS PAGE 3
7. YJ11Cy cs•l•b 1t3 ndGlua`tou a.v..vuno aYYi..iV..at truce.a... g...^..+ra....d by th-
range of uses that would be allowed on the site by the C-G, General
Commercial, zone should not exceed the traffic capacities of Hall
Boulevard, Scholls Ferry Road, and Highway 217. These arterials will
all serve future develoreent on the subject parcel and adjacent
p opert ies.
S. The applicable locational criteria for General Commercial development
are satisfied for the following reasons:
a. Spacing and Location
The property is not adjacent to other residential property. The
locational criteria state that a maximum of two sides of a
commercial site may be adjacent to residential districts. This
criterion cannot be satis=ied in this situation because the
residential area is already surrounded by commercial uses. The
proposed redesignation would not alter this situation. In
additon, the proposed redesignation would result in an even
boundary between the commercial and residential areas which
should facilitate development on the adjacent parcels to their
maximum potential without needing to provide an inordinate amount
of area devoted to buffering as might otherwise be required.
b. Access
Commercial development on the site will not likely create
unacceptable traffic congestion as discussed above with regard to
Policy 8.1.1. A traffic analysis study will be required as part
of any future Site Development Review for this site. Measures to
mitigate traffic impacts of any proposed development may be
required.
Access to an arterial, Scholls Ferry Road, is available for any
development that may occur on the affected area. The area is
also served by Highway 217 and Hall Boulevard.
Public transportation to the site is available on two access
roads leading into the Washington Square Shopping Canter. All
access criteria are therefore satisfied.
c. Site Characteristics
The size of the site,; when combined with the adjacent property to
the north, zhould bra adequate to accoamaodate most uses allowed by
the proposed Gener_l C- ercial designation. The site is highly
visible from Scholls Verry Road and Highway 217. The site
characteristic criteria are therefore satisfied.
STAFF REPORT CPA 89-01/&C 89-02 GOLDEN KEY INVESTORS PAGE 4
d. Impact Assessment
Without an actual detailed development proposal, it is difficult
to assess whether the scale of development on a property will be
compatible with adjacent uses. However, in the present
situation, the site is surrounded by major roadways and
commercial development and therefore it is reasonable to conclude
that uses which might develop on the site would not be
incompatible with the area. Review of any proposed development
for the site through the Site Development Review process will
assure that compatibility with surrounding uses will be assessed
prior to development.
In conclusion, the staff rinds that the proposed Plan Amendment from High
Density Residential to General Commercial and the proposed Zone Change
from R-40 to C-G for the subject 3700 square feet area are consistent with
all applicable Statewide Planning Goals, City of Tigard Plan policies, and
the locational criteria for General Commercial development.
C. RECOMMENDATION
To forward CPA 89-01 and ZC 89-01 to the City Council with a
recommendation for approval based on the above findings and conclusions.
P D Offer APPROVE) BY: Keith Liden
istant Planner senior Planner
jlh/CPA89-O 1.Jo
1 STAFF REPORT CPA 89-01/9C 89-02 GOLDEN KEY INVESTORS PAGE 5
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