Ordinance No. 89-17 CITY OF TIGARD OREGON
.- ORDINANCE NO. 89-
All ORDINANCE ADOP•rING FINDINGS AND CONCLUSIONS TO APPROVE TWO COMPREHENSIVE
PLAN AMENDMENTS AND ZONE CHANGE REQUESTS (Crow-Oregon, Inc.) AND AN AXENDMENT
TO THE METZGER-PROGRESS COMMUNITY PLAN AND DECLARING AN EMERGENCY (CPA 89-
05/ZC89-05).
WHEREAS, Crow-Oregon, Inc. has requested a Comprehensive Plan Amendment from
Medium Density Residential to Commercial Professional on approximately 0.74
acres and a zone change from R-12 (Residential, 12 units/acre) to C-P
(Commercial Professional); also a request for a Comprehensive Plan Amendment
from Low Density Residential to Commercial Professional and a Zone Change from
R-4.5 (Residential, 4.5 units/acre) to C-P on approximately 1.8 acres; and
finally, an amendment to the Metzger-Progress Community Plan to change the
alignment of SW 93rd Avenue (Lincoln Street); and
WHEREAS, the Planning staff made recommendation of findings to the City of
Tigard Planning Commission at a public hearing on May 2, 1989; and
WHEREAS, the Tigard City Council held a public hearing on the proposed changes
on May 15, 1989 to review Planning staff and Planning Commission
recommendations as well as public testimony.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The proposal is consistent with all relevant criteria based upon
the'facts, findings, and conclusions noted below:
A. FACTS
1. Location
9220, 9260, 9330 SW Locust Street; 10175 SW 92nd Street; 9225, 9255 SW
Mapleleaf Street (WCTM 1S1 35AB, tax lots 700, 701, 702, 500, 501, 600,
900, and parts of 2800, 2901 and 1002)
2. Background Information
The subject properties were annexed to the City of Tigard in late
April, 1987. Prior to the annexation, two land use applications
(Comprehensive Plan Amendment, Special Use Permit) were filed with
Washington County. Also, it was agreed at that time between the City
and County that all applications in process at the County would
continue even if the final decision occurred after annexation.
A Comprehensive Plan Amendment and Zone Change (Case No. 87-73-M) to
change the land use designation from R-5 (Residential, 5 units/acre)
and Institutional to O-C (Office Commercial) on parcels located
immediately north of Oak Street and west of Lincoln Street extension
t was approved by the Board of Commissioners on .May 19, 1987.
ORDINANCE NO. 89-
Page 1
A Special Use Permit for a parking lot (Case No. 67-122-SU) was
granted by the County on May 13, 1987, for four residentially zoned
.+F Locus StraOt and Lincoln
t.
parcels located athe soutFawea l- corneryr
Street.. The residences on these properties were ri�:moved and a
parking area was developed. The conditions of approval imposed by
the county remain in effect. Also, since this property has been
annexed ane the City does not allow commercial parking lots in
residential zones, this portion of the Lincoln Center parking lot is
a nonconforming use.
On May 16, 1987, the Tigard City Council approved the rezoning of the
annexed area in Metzger from Washington County designations to City
designations which most closely resembled the County zones. This
ordinance (No. 87-22) became effective on June 18, 1987. Subsequent
reviews utilized the City Community Development Code rather than the
County regulations.
A Site Development Review (SDR 87-08 and V 87-07) was conducted by
city staff in June, 1987 for an approval to construct a 12-story
office building. it was approved subject: to 16 condition.::.
In June of 1988, the Hearings Officer for the City of Tiga d approved
a Conditional Use permit request to allow the constr. ^tion of a
rooftop heliport- atop the newly constructed Lincoln Tower office
building. This application was approved subject to 13 conditions.
In March, 1989, the Director's designee approved with conditions a
request for several lot line adjustments and a minor land partition
creating a new tax lot at the southwestern corner of the Lincoln
Center property (PI 89-06/MLP89-05).
3. vicinity information
Refer to the zoning map, attached to this report as "Exhibit A".
4. Site information
The Lincoln center property is }presently developed with six office
buildings with a grass floor area of approximately 530,000 square
feet and two parking structures on a total of seven parcels. Tax lot
900 lies at the northeastern corner of the property and is currently
zoned R-12 (Idedium Density Residential, 12 units per acre).
Immediately north of it is a portion of tax lot 1002 which is also
zoned R-12. Both parcels are immediately west of Lincoln Street and
the combined area of tax lot 900 and -the portion of t!xx lot 1002
(approximately 3250 sq. ft.) is proyosed to be redesignated as C-P
(Commercial Professional).
The applicant also prognoses to change the comprehensive plata and
zoning designation of eight residential parcels (approximately 1.8
acres) immediately to the oast of Lincoln Center, consisting of the
block bordered by SW Locust Street to the north, SW 92nd Avenue to
the east, SW Kapleleaf to the south and SW Lincoln Street to the
west, as well as a portion of Tax Lots 2000 and 2901 which are
ORDINANCE NO. 89-
Pags 2
located at the southeast corner of Mapleleaf and Lincoln. Tax Lots
2500 and 2901 are included because the proposed realignment of
Lincoln Street will cause portions of these lots to be combined with
the Crow-Oregon property. These parcels are all currevtly zoned and
developed as R-4.5 (Residential, 4.5 units per acre).
The applicant states that these changes are needed so that a now,
125,000 square foot office building, called Lincoln Center Five, can
be constructed at the northeastern portion of the Lincoln Center
property and meet City of Tigard Community Development Code
requirements for a sufficient number of on-site parking spaces. It is
anticipated that a two-story parking structure will be constructed
upon the land bordered by SW Locust, Lincoln, Mapleleaf and 92nd
Avenues.
Finally, the app'.icant is requesting an amendment to the Metzger
Community Plan so that the location of Lincoln Street can be changed
so that it would be aligned with 92nd Avenue at Locust Street. The
existing section of Lincoln Street between Mapleleaf and Locust is
proposed to be vacated.
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
Implementation Strategy 2, 2.1.1, 5.1.1, 5.1.4, 6.1.1, 6.6.1, 7.1.2,
7.2.1, 7.3.1, 7.6.1 7.7.1, 5.1.1, and the Locational Criteria for
Commercial Professional designated areas (Section 12.2.3.9), and the
general design elements of the Metzger-Progress Community Plan.
The City Council 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 foster the City's
commercial business community thereby increasing economic
opportunities within the City.
4. Goal 10 is satisfied because, although the proposed action would
not significantly reduce the amount of residentially designated
land in the City, it will not affect the City of Tigard's
compliance with OAR Chapter 660, Division 7 - the Metropolitan
Housing Rule's requirements for new construction mix and minimum
residential density for new construction. This is because the
ORDINANCE NO. 89-L-Z__
Page 3
six parcels containing the single family dwellings are presently
r developed and therefore is not considered buildable land in the
Comprehensive Plan. The two remaining residential parcels (TL
2800 and 2901) are owned by the Tigard School District and are
not available for residential use as reflected by the
Institutional Metzger-Progress Plan designation.
The City Council concludes that the proposal is consistent with the
applicable Comprehensive Plan policies based upon the following
findings:
1. Policy 1.1.2, Implementation Strategy 2 (also found in Code
Section 18.22.040) requires that applications of this type be
consistent with relevant policies of the Comprehensive Plan; not
have an adverse affect the health.. safety , and welfare of the
community; be consistent with statewide planning goals; and show
that there is evidence of a change in the neighborhood or a
mistake or inconsistency in the Comprehensive Plan or zoning
map.
The applicable policies, statewide goals, and the health,
safety, and welfare of the community are addressed in the
discussion that follows. A number of physical changes in the
Metzger School neighborhood, as evidenced by the commercial
construction and accelerated commercial activity immediately to
the west and on the periphery of the subject area, have occurred
since the adoption of the Metzger-Progress Community Plan in
1983. This growth in commercial development has proceeded as
envisioned in the Plan, however several changes from residential
to commercial zoning designations were approved by the County
since 1983. These recent developments have created a need to
reassess the zoning designations in the area, and it appears
that sufficient changes circumstance have occurred to justify
the proposal.
2. Policy 2.1.1 is satisfied because NPO #8, CPO #4 and surrounding
property owners were given notice of the hearir.g and an
opportunity to comment on the applicant's proposal.
3. Policy 5.1.1 is satisfied because the additional commercial land
area added to the City's land base as a result of this proposal
will foster the creation of new employment opportunities for
Tigard residents and correspondingly boost the City's economy.
4. Policy 5.1.4 indicates that commercial and industrial uses
should not encroach into residential neighborhoods. This
proposal will result in an area zoned C-P which will abut land
zoned R-44.5 to the north, east, and south and would represent
encroachment. However, in this case, there is only residential
development on the north side of Locust Street and the Metzger
School property is adjacent on the east and south. As a
practical matter, this request will not encroach upon any
existing residences in any significant way because of the
physical separation provided by the school property and Locust
ORDINANCE Pio. 89-L
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Street. The six residential properties east of 93rd Street are
uniquely surrounded by commercial and institutional land uses oia
three sides. The dwellings have already been adversely affected
by the adjacent commercial use and are somewhat isolated from
the neighborhood by the school property and Locust Street.
The redesignation of tax lot 900 and the northeastern portion of
lot 1002 will basically convert land which is presently being
used as a nonconforming parking lot into a conforming use on
commercially zoned land. Other comp,-ahensive plan aceandment and
zone change applications have been approved where a pre-existing
ume could be identified to exist in the City thereby
establishing precedents for this case.
5. Policy 6.1.1 is satisfied because the City's diversified housing
stock will not be significantly affected by the loss of six
single family residences. The City continues to authorize
building permits for single family residences at an average rate
of approximately 200 to 300 per year.
The loss of 4 residences occurred on tax lot 900 and the
northeastern portion of tax lot 1002 when this area was still
under Washington County jurisdiction. It is now committed to a
parking lot use.
6. Policy 6.6.1 is satisfied upon future development of the area.
Site development review provisions will require that buffering
and screening be provided between any future commercial
development on the area to be redesignated and the existing
single family residences east of SW 92nd Avenue and north of
Locust Street-.
7. Policies 7.1.2, 7.3.1. and 7.6.1 are satisfied because adequate
pubic facilities (e.g. sanitary sewer and water) exist to serve
the site. Any new development on the Lincoln Center property or
on the residentially zoned properties will be rewired to
connect to those systems as a condition to development. Public
agencies providing these facilities will be notified and given
the opportunity to comment on any future development proposals
on the affected parcels, thereby also satisfying policy 7.7.1.
a.. Policy 7.2.1 must be addressed at the time of development
because adequate storm drainage facilities do not exist to
serve the site. The Engineering Division has commented that
storm drains would need to be installed and that the
installation could occur at such time when SW 93rd Avenue is
extended south to SW Oak Street.
9. Policy 8.1.1 is satisfied because the street improvements needed
to serve the development of the subject property will be
provided in conjunction with Site Development Review approval.
The Council concludes that the amount of potential suffice
development, with the deed restriction required an a condition
of approval, will not be affected by this application. The
ORDINANCE No. 89-_L2
Page 5
i
Engineering Division has commented that an improved tra€fic
circulation plan be adopted before additional commercial
development is allowed to occur. The Council finds that this
plan should be developed in the near future, however, it does g
not appear necessary to prepare this plan prior to the approval
of this application.
10. The applicable locational criteria for Commercial Professional K
development are satisfied for the following reasons!
a. Spacing and Location
The locational criteria state that a commercial professional
area may not be bordered by residential properties on more than
two sides. The affected parcels are adjacent to other
residentially zoned parcels on one side only -- to the north.
The six residentially zoned parcels are already surrounded by
commercial professional and Tigard School District land on three '
sides. The proposed redesignation would not alter this
situation. moreover, it would result in a more even and
consistent boundary between the commercial and institutional
zones to the south and the residential properties to the north.
Jigsaw puzzle-configured zoning boundaries, as is now the case
In north Tigard and in this specific case, reoults in an
inadequate buffering between use types and could result in
variances to buffering requirements. A clear and straight
demarcation between the commercial and institutional areas to
( the south and the residential properties on the north side of SW
Locust Street might ultimately involve less land used only for
buffering and fewer variances to these requirements. Therefore,
this criteria has been met.
b. Access
The traffic study submitted by the applicant assumes that the
property which is the subject of this application will only be
used for parking to accommodate a proposed 125,000 square foot
office building on the Crow-Oregon property that is presently
zoned C-P. The City Council agrees with the traffic study
conclusion relating to the projected amount of traffic which
will be generated by the proposed 125,000 square foot office
development. The report indicates that this proposal is
necessary to provide for a preferred parking arrangement but
that the office project could proceed without the zone change.
{ The applicant has agreed to place a deed restriction on the
property* being rezoned so that it only may be used for parking,
thereby limiting the traffic generation potential of this
application.
The specific impacts created by the proposed office building
must be evaluated during the Site Development Revises process.
The realignment of Lincoln Street (a minor collector),
constitutes a minor change to the Metzger-Progress Circulation
ORDINANCE NO. 89-,/„_,,,,_
Page 6
Study. Moving its location on Locust Street approximately 200
feet to the east will not have a detrimental impact on traffic
circulation.
c. Site Characteristics
The site characteristics criteria require that the affected
sites be of a size which can accommodate present and projected
needs and =hat the site nava high visibility. The northeastern
corner of tax lot 1002 and tax lot 900 have already been
committed to a parking lot use. However, the Tigard Community
Development Code does not consider parking lots as a permitted
use in the R-12 zone or any of the residential zones. This area
of approximately 3250 sq. ft. is large enough to accomenndate a
very small commercial development; however, the lot size would
be nonconforming. It is more likely that this area will continue
to be used as a parking lot or even as a building setback area
for a lager development in conjunction with the Lincoln Center.
The size of the eight residentially zoned parcels is large
enough to accommodate a commercial profeasional development (1.8
acres).
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. Both of the subject areas of this
1- report are small enough to prohibit some extremely large scale
development and during development review it can be required
that the northern property lines of both areas be screened with
tall vegetation or trees such that the privacy of residential
properties can be maintained. There are no unique site features
of either site which could be incorporated into a development
plan. However, adjacent land uses such as the school and nearby
residential properties could be well served by adequate
buffering and screening. The site development review process
can best address related off-site impacts of any commercial
development on these parcels such as noise, glare, and lights.
The City is also in the process of drafting new noise provisions
for commercial development that is to abut residential areas.
11. The Metzger-Progress Community Plan
The Metzger - Progress Community Plan contains general and
specific guidelines for the area bordered by SW Hall Blvd.
to the east and north, SW Greenburg Road to the west and
Highway 217 to the south. The plan states that "Office
Commercial Uses (now designated as Commercial Professional
uses) are planned mainly at Hall Blvd. and Oleson Road and
along the east side of G.reenburg Road to serve both in
support of and as a transition from the major retail uses
to the wast." General design elements mentioned in the plan
which are relevant to this proposal, including bicycle
parking facilities, limited hours of operation of noise and
ORDINANCE NO. 89-
_Z2—
Page 7
light-generating commercial development, and pedestrian
pathways can all be implemented at the time of site
development review.
it is important to note that the plan states that
"transportation planning shall be sensitive to the
integrity of the Metzger residential community." "Truck
traffic and non-Local traffic to and from commercial
development shall be routed onto the arterial road system
and not through the residential neighborhood." The City
council concludes that this proposal, with the deed
restriction proposed by the applicant will be consistent
with the intent of this Plan.
SECTION 2: The City Council upholds the Planning Commission's
recommendation for approval of the Comprehensive Plan
Land Use Asap and zoning Map as set forth in Exhibits
"B" and "C" (maps) and subject to the following
condition:
The applicant shall record a deed restriction,
approved by the City, that restricts the use of
parcels 1S1 35 AB Tax Lots 500, 501, 600, 700, 701,
and 702 for parking purposes only.
SECTION 3: Inaumuch as it is necessary that the improvements
proposed by the applicant be constructed with the
least possible delay in order to complete the
improvements during the current construction season,
an emergency is hereby declared to exist, and this
ordinance shall become effective immediately upon
passage and approval by the Council.
PASSED: By LZI i/" vote of all Council members
present after being read by number and title only, thisd�
day of June, 1989.
6A&bk'
1f
Catherine Wheatley, Deputy_. ity Recorder
APPROVED: This day of June, 9g :'~ P
OR. L ,^Mayor
APPROVED YDS TO FO4erall
ez&2 �'-7ity AttorneXy Date
br/CPA89-O5.ord
ORDINANCE NO.
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