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Ordinance No. 90-30 CITY OF TIGARD OREGON ORDINANCE NO. 90-amu AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY BINGHAM INVESTMENT AND SPIEKER PARTNERS (CPA 90-04/ZC 90-02). WHEREAS, the applicant has requested a Comprehensive Plan Amendment from Light Industrial to Commercial General and a Zone Change from I-L (Light Industrial) to C-G (Commercial General) on approximately 6.6 acres; and WHEREAS, the Planning staff made recommendation of findings for denial to the City of Tigard Planning Commission at a public hearing on July 10, 1990; and WHEREAS, the Tigard City Council held a public hearing on the proposed changes on August 27, 1990 and September 17, 1990 to review Planning staff recommendation,Planning Commission recommendation for approval, and 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. General Information CASE: Comprehensive Plan Amendment CPA 90-0004 1 Zone Change ZON 90-0002 REQUEST: 1) Plan Map Amendment from Light Industrial to General Commercial 2) Zone Change from I-L (Light Industrial) district to C-G (General Commercial) district APPLICANT: Spieker Partners 5285 Meadow Road Lake Oswego, OR 97034 OWNER: Bingham Investments 3939 NW St. Helens Road Portland, OR 97210 ORDINANCE NO. 90-3U Page 1 i : 3 AGENT: Mackenzie/Saito & Associates (Lans Stout) 0690 SW Bancroft St. P.O. Box 69039 Portland, OR 97201-0039 LOCATION: Northwest quadrant of the intersection of Interstate 5 and Lower Boones Ferry Road at intersection with SW 72nd Avenue and Bridgeport Road. PROPERTY DESCRIPTION: WCTM 2S1 13AD, Tax Lot 1700 2. Background Information The property was annexed to the City of Tigard in 1976, and has been zoned I- L since that time. No land use or development applications for this parcel have been reviewed by the City since annexation. 3. Vicinity Information The subject acre site is bounded on the west by SW 72nd, on the east by 1-5, on the north by the Oregon Business Park, and on the south by undeveloped right- of-way along Lower Boones Ferry Road. Surrounding uses and zoning designations are an industrial park zoned I-L to the north;the former Washington County quarry,which is zoned I-P (Industrial Park) and which is currently being filled in preparation for possible future development,is to the west;Tri-Met's Park and Ride is to the south across Lower Boones Ferry Road within the City of Tualatin;and 1-5 to the east. Industrial development is the predominant land use on the west side of the freeway interchange,whereas commercial development is the predominant use on the east side. 4. Site Information and Proposal Description The 6.6 acre undeveloped site is generally flat and is slightly below the grade of the freeway thereby providing substantial exposure to freeway traffic. There is a stand of large Douglas Fir trees on the site along with some smaller deciduous trees and low-lying brush. The applicant requests a Plan Map amendment from Light Industrial to General Commercial and a Zone Change from the I-L(Light Industrial)zoning district to the C-G (General Commercial) zoning district. The applicant has submitted a statement designated Narrative In Support of a Proposed Amendment to the City of Tigard Comprehensive Plan Map and Zoning_Man, In addition, the applicant lam. ORDINANCE NO, 90- Page 2 to q has submitted a traffic study in tabular form. The traffic study is summarized within the Narrative. Although the proposed redesignation would make the subject property available for development of any of the permitted or conditional uses allowed in the C-G zoning district, the applicant's Narrative and traffic study focus on use of this site for a combined hotel and retail center. Hotels and retail sales are permitted uses in the C-G zone and are not either permitted or conditional uses in the present I-L zoning designation applied to the property. 5. Agency and NPQ Comments The Engineering Division has reviewed the proposal and offers the following comments: As mentioned in the applicant's submittal, there are adequate storm and sanitary sewers in S.W. 72nd Avenue to serve the site. The Oregon State Highway Division has reviewed the revised traffic study provided by the applicant and has agreed that traffic concerns have been adequately addressed. The Engineering Division is in agreement with the conclusions of the Highway Division. The Oregon State Highway Division originally expressed concerns regarding the proposal. The applicant provided additional information to the Division and at the Planning Commission hearing, a representative from the Division indicated that satisfactory short and long range solutions were available to accommodate this plan and zone change. The Division had no objection to the proposal. The City of Durham has reviewed the proposal and has requested that every effort be made during development of the site to preserve as many trees as possible, in order to help preserve the air quality of our environment in this particular air shed. In addition, traffic controls should be provided in order to ensure coordinated use of 72nd and Lower Boones Ferry Road. The City of Tualatin Planning Department reviewed the proposal and offered comments regarding the applicant's traffic analysis report but made no recommendation regarding the proposed Plan Amendment/Zone Change. Tualatin questioned the traffic analysis' assumptions regarding the timing for the future extension of Durham Road to SW 72nd Avenue and for the addition of turn lanes at the I-5/Lower Boones Perry Road interchange. In addition,Tualatin questions the validity of assumptions regarding the amount of traffic to the site that will result from drive-by traffic. The City of Tualatin agrees with the traffic analysis' statement that this interchange and the surrounding roadways and uses are a regional issue. Should the requested land use change be approved, the City of Tualatin encourages the City of Tigard to actively support future freeway and interchange improvement projects in this area. ORDINANCE NO. 90- 30 Page 3 The Building Division,Tigard Water District, Washington County Department of Land Use and Transportation, General Telephone, and PGE have reviewed the proposal and have issued no comments or objections. No other comments have been received. B.FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Planning Goals 1, 2, 9, and 12; Comprehensive Plan Policies 2.1.1, 4.2.1, 4.3.1, 5.1.1, 7.1.2, 7.2.1, 7.4.4, 7.6.1, 8.1.1, 8.1.3, and 12.2.1 (Locational Criteria for the General Commercial Use); and the change or mistake quasi-judicial Plan Map Amendment criteria of both the Comprehensive Plan and Comtmunity Development Code. The City Council concludes that the proposal is in compliance with the applicable Statewide Planning Goals based upon the following findings: 1. Goal#1 (Citizen Involvement) is satisfied because the City has adopted a citizen involvement program including review of all land use and development applications by neighborhood planning organizations (NPOs). In addition, all public notice requirements related to this application have been satisfied. 2. Goal #2 (Land Use Planning) is satisfied because the City has applied all applicable Statewide Planning Goals,City of Tigard Comprehensive Plan Policies, and Community Development Code requirements to the review of this proposal 3. Goal #9 (Economy of the State) is satisfied because the proposed redesignation would increase the City's inventory of developable commercial land although it would decrease the inventory of developable industrial land. No net impact on employment in the City is foreseen in the proposed redesignation. 4. Goal#12(Transportation)is satisfied because the proposed redesignation will not adversely affect upon the remaining traffic capacity of adjacent streets and the I- 5 interchange. This is more thoroughly discussed under Plan Policy 8.1.1 below. The City Council has determined that the proposed Plan Map Amendment/Zone Change is consistent with the Comprehensive Plan based upon the findings below: 1. Plan Policy 2.1.1 is satisfied because Neighborhood Planning Organization#5 and surrounding property owners were given notice of public hearings related to the request and to their opportunityto comment on the proposal. 2. Plan Policy 4.2.1 will be satisfied through the development review and building permit processes at which time a development proposal for this site must be shown to comply with applicable Federal, State, and regional water quality requirements including preparation and implementation of a non-point source pollution control plan in compliance with the Oregon Environmental Quality ORDINANCE NO. 90- 3f] Page 4 Commission's temporary rules for the Tualatin River Basin. The proposed redesignation does not by itself affect compliance with this Plan Policy. 1 Plan Policy 4.3.1 is implemented through the development review process in which building placement and landscaping are reviewed with respect to minimizing noise impacts of the developing use upon neighboring land uses. 4. Plan Policy 5.1.1 states that: The City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis placed on the growth of the local job market. This policy is considered important to this application because the subject property is located within the largest industrial district in the City. Additional information was submitted for consideration at the September 17, 1990 hearing relating to the impact of this proposal upon Policy 5.1.1. The Council considered the following information to be relevant: a. Thirty-two percent (241 acres) of the City's I-L/I-P zoned land is vacant or underutilized, while 29 percent (128 acres) of the City's C-G land is vacant or underutilized. b. Forty-seven percent (166 acres) of the I-L/ I-P zoned land it the vicinity of the site is vacant or underutilized. C. The 6.6 acres represents 2.7 percent of the total vacant/underutilized I- L/I-P land in the City and 5.1 percent of the total vacant/underutilized C- G land in the City. d. A letter from John Ingle, Economist, indicates that the 1990 Metro Employment Density Study shows that retail commercial projects typically produce about 25 employees per acre, while industrial projects produce about 20 employees per acre. e. Applying average wage rates to these employment figures shows that commercial projects generate about $201 per hour per acre, and industrial projects about $210 per hour per acre. These findings are the basis for the City Council's conclusion that the redesignation of the subject property from Indust.-cial to Commercial complies with Policy 5.1.1. These findings indicate that industrial and commercial will have about the same economic impact in terms of employment and income for Tigard residents. Further, this 6.6 acre parcel represents a small percentage of the total vacant/underutilized I-L/I-P land in the City (2.7 percent). The Council concludes that a redesignation of this property for commercial ORDINANCE NO. go-30 Page 5 purposes will provide economic benefits to the citizens of Tigard at a minimum in a substantially similar manner as if the property retained its industrial designation and will provide immediate economic benefits as a commercial development inasmuch as the property has remained undeveloped as an industrial site. 5. Plan Policies 7.1.2, 7.2.1, 7.4.4, and 7.6.1 are satisfied because adequate public service capacities are available to serve future development of this site. Extension of necessary public facilities to serve the site are the responsibility of the developer. The City of Tigard notifies applicable public and private utility providers of pending development applications. 6. Plan Policy 8.1.1 states that: The City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. This policy is of critical importance in this case because of the development which is occurring in the vicinity of the I-5/Boons Ferry Road interchange. An initial traffic study, in response to the proposed amendments, indicated the existence of heavy traffic conditions at the intersection of S.W. 72nd Avenue and S.W.Bridgeport Road. Since the Oregon Department of Transportation(ODOT) initially expressed concern that the proposed zone change would exacerbate the existing conditions, the applicant sponsored an additional study of the traffic conditions in the area which involved the ODOT, Tri-Met, the cities of Tualatin and Tigard,and Washington County. The study produced several alternatives,one which was a generally regarded as the best solution for the future improvement of the intersection of S.W.72nd Avenue and S.W.Bridgeport Road. The Council finds that: a. The intersection of 72nd Avenue and Bridgeport Road, and of Bridgeport Road and I-5 ramp terminus both function at an acceptable level of service when independently analyzed. b. The traffic problem evident at this location is the lack of adequate stacking distance for left turns, which results in traffic failing to clear the intersection during the green signal. C. Development of the site under the I-1✓zone will add about 74 P.M. peak hour trips to the intersection (2.9 percent of projected future total) while C-G zoning would add about 161 trips (6.3 percent of future total). d. Most of the site-related traffic under C-G zoning would be exiting the freeway and turning right from Bridgeport Road to 72nd Avenue, thus utilizing a noncritical movement in terms of intersection function and 4.- ORDINANCE NO. 90- 30 Page 6 capacity. e. The southbound 72nd Avenue to eastbound Bridgeport Road and westbound Bridgeport Road to southbound 72nd Avenue vehicle stacking requirements are virtually the same for either industrial or commercial development on the subject property. f. ODOT has a 1991 project to re-stripe and widen turn lanes to improve the critical intersection lanes. g. Washington County has expressed a willingness to work with the other affected jurisdictions and property owners to effectuate a long-term improvement to the intersection of 72nd Avenue and Bridgeport Road. h. Tom Schwab of ODOT testified before the Planning commission that the applicant's studies and conclusions were accurate,and,specifically,that the change to a commercial designation and subsequent development would not impact the affected intersection significantly or differently than development under the existing I-L zone. As a result, the Council is in concurrence with ODOT's conclusion relative to traffic issues. Based on these findings, the City Council concludes that there is a unique traffic condition in the area, where the critical intersection will continue to function at an acceptable level. 'the Council has found that because of these unusual conditions, site development under the proposed C-G zone will not have a significantly different impact on the level of service than if the site were developed under the present I-L zone, and that the traffic associated with the C-G designation can be accommodated by the street system. 7. Plan Policy 8.1.3 will be satisfied as a condition of approval of any future development of this site. Completion of necessary street improvements along the site's frontages would be required to be installed by the developer at the time of development. The Engineering Division,the Oregon State Highway Division,and the City of Tualatin would review any future development proposals for the site with regard to necessary road improvements. 8. The locational criteria for General Commercial uses specified in Chapter 12 of the Comprehensive Plan (Policy 12.2.1) are satisfied for the following reasons: A. The subject area is not surrounded by residential development on more than two sides. The closest residentially designated property is in excess of 1/2 mile away. B. As discussed above under Statewide Planning Goal #12 and Pla- Policy 8.1.1,the proposed commercial redesignation will not substantially increase traffic on adjacent streets and intersections or lead to an unsatisfactory level of service. This conclusion is based largely upon the analysis and ORDINANCE NO. 90-30 Page 7 I I recommendations of the Oregon State Highway Division. C. The site is located at the intersection of an arterial (I-5) and several major collector streets. Access to the site for any future development will be determined in conjunction with the Oregon State Highway Division through the development review process. D. Public transportation is available across Lower Boones Ferry Road from the site at the Tri-Met Park and Ride. E. The 6.6 acre site is an adequate size to accommodate a variety of uses permitted in the C-C3 zoning district. F. This site is highly visible from the adjoining streets, especially I-5. G. Compatibility of this site with adjacent uses is difficult to ascertain without an actual development proposal. However, the City of Tigard's Site Development Review and Conditional Use review processes are intended to provide an opportunity for review of a potential development's relationship with adjacent existing uses. Because the site abuts only industrial property and major streets, compatibility issues regarding future development would be anticipated to minimal except with regard to traffic concerns. In order to approve a quasi-judicial amendment to the Plan and zoning maps, the City must also find that there is evidence of a change in the neighborhood or community which affects the parcel. Alternatively,the City must find that there has been a mistake or inconsistency with regard to the original designation of the parcel (Comprehensive Plan,Volume 2,Policy 1.1.1, Implementation Strategy 2;Community Development Code Section 18.22.040(A)). The applicant's Narrative asserts that there has been a change in the character of the area surrounding the site because of the substantial amount of commercial development that has occurred within the City of Tualatin in the interchange area thereby making the Iand uses in the area predominantly commercial in character. Adopted policies in the Tualatin Comprehensive Plan encourage commercial development in the other three quadrants of this interchange. The City Council finds that the 'Tigard land use designation of Light Industrial is inconsistent with those of the City of Tualatin and that circumstances have changed due to amendments of land use designations in Tualatin to commercial and the subsequent development of these and other properties. SECTION 2: The City Council concurs with the Planning Commission's recommendation and approves the request as illustrated on the Comprehensive Plan Land Use Map and Zoning Map as set forth in Exhibit "'A" (map). ORDINANCE NO. 90— 30 Page 8 Ago SECTION 3: This ordinance shall be effective on and after the 31st day atter its passage by Council, and approval by the Mayor. PASSED: By GL f l'k vote of all Council members present after being read by number and?itle only, this�"�lay of October, 1990. `Catherine Wheatley, City Recorder E=41 APPROVED: This day of Ocpb�r, 990. f �ierald . 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