Ordinance No. 90-38 CITY OF TIG&Wu,
C1RDI1MKCR NO. 90 -.
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN
AMENDMENT AND ZONE CHANGE REQUESTED BY THTC W. L. MCCORMACK CO. (CPA 90-0008,
ZON 90-0008).
WHEREAS, the applicant has requested a Comprehensive Plan Amendment from
Professional Commercial to Light Industrial and a Zone Change from C-P to I-P;
and
I WHEREAS, the Planning staff made recommendation of findings to the City of
Tigard Planning Commission at a public hearing on October 4,1990; and
WHEREAS, the Tigard City Council held a public hearing on the proposed changes
on October 22, 1990 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. General Information
CASE: Comprehensive Plan Amendment CPA 90-0008
Zone Change ZON 90-0008
REQUEST: 1. Plan map amendment from Commercial Professional to Light
Industrial.
2. Zone change from C-P (Professional Commercial) district
to I-P (Industrial Park) zoning district.
APPLICANT: W. L. McCormack AGENT: Mackenzie/Saito & Aesc.
7415 Fairway Loop (Lana Stout)
Wilsonville, OR 97070 0690 SW Bancroft Street
PO Box 69039
OWNER: Same Portland, OR 97201-0039
LOCATION: Southeast corner of SW 72nd Avenue and SW Sandburg Street.
PROPERTY DESCRIPTION: WCTM 2S1 IDC, Tax Lot 3800
2. Background Information
The plan for NPO #5 was adopted by the City Council on August 22, 1977.
The plan and corresponding zoning designations selected for the area of
the subject site were Industrial Park (M-4) on the north side of
ORDINANCE NO. 90-3
Page 1
i
Sandburg Street and Heavy Industrial (M-2) on the south side. Both of
these zoning districts allowed for both commercial office ane
industrial uses. During the city-wide roview of the Comprehensive Plan
in 1983, the zoning for the subject property, along with several other
parcels receiving access from Sandburg Street, was changed to C-P
(Commercial Professional). Along with the change in map designation,
the list of permitted uses in the C-P zone was reduced. The C-P zone
does not allow industrial uses that were previously allowed in the
former M-2 zone. In September, 1985, the City Council reviewed a
proposed Plan Map redesignation of 21 tax lots that receive access to
Sandburg Street from Commercial-Professional to Light Industrial, and a
zone change from C-P to I-P. The Council approved the redesignation for
only 7 of the parcels, not including the subject property (CPA 5-85).
On July 3, 1990, the Director's designee approved a request by the
current applicant for Site Development Review approval to redevelop the
existing 14,432 square foot office/storage building on this site for
administrative offices for a construction engineering and management
firm and to allow construction of an approximately 13,000 square foot
flex-space building on the east side of the parcel (SDR 90-0012).
Redevelopment of the site in accordance with this application is
currently under way.
No other land use or development applications involving the subject
parcel have been reviewed by the City of Tigard.
3. Vicinity Information
Properties to the north and south are also zoned C-P and contain a
variety of office uses. Properties to the east are zoned I-P and
include a variety of industrial uses. The adjacent parcel to the east
contains the Gould Pump Company. Across SW 72nd Avenue from the
subject site is a vacant parcel that is zoned I-P which is a part of
the Tech Center Industrial Park. Properties to the northwest are zoned
C-P and presently contain single-family residences or are vacant.
SW 72nd Avenue abutting the site is a 44-foot wide paved major
collector street that includes curbs and storm drainage. A sidewalk
does not exist on either side of the street. SW Sandburg Street
abutting the site is a fully improved local street with sidewalks on
both sides.
4. Site Information and Proposal Description
The 1.8 acre parcel presently contains the 14,432 square foot
combination office/storage building. A parking lot containing
approximately 60 parking spaces is located on the north side of the
parcel. One access driveway connects the parking lot with SW Sandburg
Street. The site contains a large amount of mature landscaping
including several large trees along the SW 72nd Avenue frontage of the
site and several oak trees along Sandburg Street.
ORDINANCE NO. 90---3F
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The applicant is in the process of remodelling the existing building
into an office building for a construction management and engineering
firm. Approximately 4,000 square feet of the existing storage area is
to be mod'`ied for leasing to another use. The applicant also has
begun construction of a new 14,000 square foot single story flex-space
building on the east side of the parcel. The project includes
expansion of the existing parking area to surround the existing
building adding 25 additional spaces. Two new access driveways from
Sandburg Street to the parking lot will be provided along with closure
of the existing driveway. Also to be constructed is a new driveway and
truck maneuvering area on the far eastern edge of the site to serve a
number of overhead doors on the new flex-space building as well as the
office building to the south.
The applicant requests a Plan Map Amendment from Commercial
Professional to Light Industrial and a Zone Change from the C-P
(Commercial Professional) zoning district to the I-P (Industrial Park)
zoning district for the 1.8 acre parcel. The applicant has submitted a
statement titled Proposal for a Comprehensive Plan Amendment and Zone
Change - W. L. McCormack and Company. The primary intent of the
request is to broaden the number of possible uses allowed in the
development.
5. Agency and NPO Comments
The Engineering Division has reviewed the proposal and offers the
following comments:
a. The site is already developed with paved parking and a
building. The requested rezoning will not require any
additional public facilities.
€
b. As described in the applicant's submittal, substantially less
vehicles per day would be expected from potential uses in the
proposed zone as compared to traffic generation anticipated
from uses permitted under the existing zoning. Furthermore,
substantially less traffic during peak periods is typically
associated with most industrial uses as compared to typical
office uses.
€
C. The Engineering Department has no objection to the proposed
rezoning.
The Building Division, Tualatin Valley Fire and Rescue District, Tigard
Water District, General Telephone, and PGE have reviewed the proposal
and have offered no comments or objections. No other comments have been
received.
B. FINDINGS AND CONCLUSIONS
The applicable 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,
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_
7.2.1, 7.4.4, 7.6.1, 8.1.1, 8.1.31 12.2.1, 12.3.1 (locational criteria for
the Light Industrial plan designation); and the change or mistake quasi-
judicial plan map amendment criteria of both the Comprehensive Plan and
Community Development Code. In addition, the proposed redesignation should
be consistent with the purpose section for the requested I-P zoning
districts.
Statewide Planninct Goals
The Planning Division concludes that the proposal is consistent with the
applicable Statewide Planning r3oals 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).
NPO #5 has been informed of the application and has been provided with
the opporki:nity to comment on the proposal. 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.
j 3. Goal #9 (Economy of the State) is satisfied because the proposed
` redesignation would increase the City's inventory of developable
industrial land on a parcel which is well suited for industrial use.
{ The City has recently expressed concerns with its limited amount of
<_ developable and/or leasable industrial lands 3n the City's review of a
proposed plan amendment/zone change for Spieker Partners further south
on SW 72nd Avenue at SW Lower Boones Perry Road (CPA 90-0004). The
City Council approved that application redesignating 6.6 acres from
industrial to commercial plan and zoning designations although the
Council indicated a desire to maintain a sufficient developable
industrial land base. The present proposal would partially replace
the industrial land lost through the Spieker redesignation.
4. Goal #12 (Transportation) is satisfied because the proposed I-P
designation is not anticipated to result in an increase in site
generated traffic, as described further under Policy 8.1.1, which
follows.
Plan Policies
staff has determined that the proposed Plan Map AM18nd..3nt/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
the public hearing related to the request. In addition, notice of the
public hearing was published in the Tigard Times and was announced on a
sign placed on the site.
ORDINANCE NO. 90-3j_
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2. Plan Policy 4.2.1 is satisfied since the site's improvements have been
reviewed through the City's development review and building permit
•• processes and have been shown to comply with applicable federal, state,
and regional water quality requirements, including preparation and
implementation of a non-point source pollution control plan and
compliance with the Oregon Environmental Quality Commission's rules for
the Tualatin River Basin. The proposed redesignation, with resulting
changes in the uses which might occupy the site, would not affect
compliance with this Plan Policy.
3. Plan Policy 4.3.1 is implemented through the development review
process, in which building placement and landscaping have been reviewed
with respect to minimizing noise impacts of use of the site upon
adjacent land uses. No significant noise impacts would be expected due
to light industrial use of the property as compared to commercial use
permitted under the existing zoning. The parcel does not abut typical
noise sensitive uses such as residences, schools, day care facilities,
or retirement homes.
4. Plan Policy 5.1.1 is satisfied because this proposal would enhance the
economic diversity of the Tigard area. The subject property is located
within a transition area between predominantly office uses to the north
and industrial uses to the south. The I-P zone will allow the existing
approved site developments to accommodate a variety of uses more
consistent with the nature of the surrounding area than would be allowed
under the C-P zone.
5. Plan Policy 7.1.2, 7.2.1, 7.4.4, and 7.6.1 are satisfied because a full
range of public service are currently provided to this site. Service
providing review agencies have not raised any issues regarding their
ability to provide service to this site if the Plan and zoning
designations are changed.
6. Plan Policy 8.1.1 is satisfied because the proposed redesignation could
decrease the demand on the public roadway system generated by uses on
the property, depending upon the occupants of the buildings, as assessed
utilizing the Institute of Traffic Engineers Trin Generation Manual.
The applicants have provided the following basic traffic analysis,
comparing projected trip generation using the site data and basic trip
generation projections:
site area • .............. 79,200 square feet (1.82 acre)
building area ............... 27,400 square feet
C-P trip generation ......... 520 vehicles per day (ITE Code 710)
I-P trip generation ......... 241 vehicles per day (ITE Code 110)
The above analysis indicates that the Plan/zone change requested would
not be expected to significantly affect the transportation system and
could even result in a decrease in the potential for vehicle trips
generated by industrial use of the property under the requested
designations as compared to typical commercial uses allowed by the
current designations
ORDINANCE NO. 90-3-9
Page 5
7. Plan Policy 8.1.3 is satisfied since all necessary public street
improvements are in place and have been assessed for sufficiency for
serving the existing and proposed site developments through the Site
Development Review and Building Permit processes.
B. Plan Policy 12.2.1 provides locational criteria for commercial Plan
designations. The Commercial-Professional Plan designation criteria
indicate that site suitability, infrastructure, and adjacent land uses
are the key elements in locating Commercial-Professional areas. High
visibility is a site characteristic which is not a quality exhibited by
the subject site. Of particular note is the sites location, existing
development, and surrounding uses which are not definitively
Commercial-Professional in nature. The property therefore might not be
properly designated with the existing Commercial-Professional Plan
designation.
9. Plan Policy 12.3.1.b provides locational criteria for Light Industrial
Plan designations. The Pronosal for a Comprehensive Plan Amendment and
Zone Change - W. L. McCormack and Company addresses each of these
criteria on page 3. The City Council generally concurs with this
analysis and borrows liberally from the applicant in providing the
following findings. The locational criteria are noted in capital
letters:
b. SITES FOR LIGHT INDUSTRIAL DEVELOPMENT SHALL BE:
1. BUFFERED FROM RESIDENTIAL AREAS TO ASSURE THAT PRIVACY AND
1 THE RESIDENTIAL CHARACTER OF THE AREA IS PRESERVED.
COMMENT-_ The only residential development in the vicinity of this
site is to the northwest across SW 72nd Avenue. The proposed
redesignation and industrial use of this site would not be
anticipated to impact this residential area due to the separation
of these areas that is provided by SW 72nd Avenue and because the
buildings on the subject property and traffic areas are set back
some distance from the streets.
2. LOCATED ON AN ARTERIAL OR COLLECTOR STREET AND THAT
INDUSTRIAL TRAFFIC SHALL NOT BE CHANNELED THROUGH RESIDENTIAL
AREAS."
COMMENT: The site has access to SW 72nd Avenue, a major collector
street, via SW Sandburg Street. Neither of these streets channel
traffic through residential areas.
C. A SITE SHALL BE OF A SIZE AND SHAPE WHICH WILL PROVIDE FOR THE
SHORT AND LONG RANGE NEEDS OF THE USE."
COMMENT: The site can accommodate the existing uses as well as
potential future industrial uses within the confines of the
buildings, sizes.
ORDINANCE NO. 90-"y> _
Page 6
d. THE LAND INTENDED FOR DEVELOPMENT SHALL HAVE AN AVERAGE SITE
TOPOGRAPHY OF LESS THAN 6 PERCENT GRADE OR THAT IT CAN BE
DEMONSTRATED THAT THROUGH ENGINEERING TECHNIQUES ALL LIMITATIONS
TO DEVELOPMENT AND THE PROVISION OF SERVICES CAN BE MITIGATED."
COMMENT: The site's grades have been taken into consideration in
the site development plans such that extensive grading was not
required for the current construction on the property. The site
grading plans have previously been approved by the City of Tigard
Building Division.
e. IT CAN BE DEMONSTRATED THAT ASSOCIATED LIGHTS, NOISE, AND OTHER
EXTERNAL AFFECTS WILL NOT INTERFERE WITH THE ACTIVITIES AND USES
ON SURROUNDING PROPERTIES.
COMMENT: Surrounding properties are developed with office and
industrial uses which are largely consistent with the types of
uses that would be permitted on the subject property under the
requested Light industrial Plan and I-P zoning designations.
Existing landscaping and building setbacks should reduce the
potential for light and noise impacts and other potential
conflicts with adjacent uses.
I-P Zoning District
The purpose statement for the I-P zoning district states that the zone is
intended:
" . for combining light manufacturing, office and complimentary
related commercial uses .... for combining uses which have no off-site
impacts in terms of noise, odor, glare, lights, vibration, smoke, dust,
or other types of off-site impacts ... for combining parking,
landscaping and other design features which physically and visually aid
structures and uses within one development • which prohibit
residential use .... which utilize a basic street and utility pattern
which will permit flexibility in the size of industrial sites ....
which provide for a circulation system that provides direct access to
arterials or collectors that will not channel traffic through
residential areas .... which utilizes an internal circulation system
which connects to adjoining sites.... which provide the complete set of
pre-imposed restrictions (e.g., deed restrictions, restriction of
covenants, etc.) that are enforceable upon all occupants of the
industrial park including provisions for site improvement, building
design, landscaping, sign control, off-street parking, and site
maintenance .... which provide evidence of continuing management
responsibility to enforce restrictions established upon the original
development plan and which recognize the differing transportation
requirements of the employees and service vehicles with adequate
provision for public transit access."
The applicant has addressed this purpose statement in the Proposal for the
Comprehensive Plan Amendment and Zone Change statement included with the
application. The Council concurs with the applicant's assessment of the
f ORDINANCE NO. 90-3`6
Page 7
consistency between the proposed redesignation and the purpose statement.
Existing and planned site improvements should be able to accommodate a
variety of industrial and office uses that will be consistent with the use
and performance standards applicable to the zone. The entire site is
planned to be operated as a single unit in a manner consistent with adjacent
properties. The site and surrounding area is nonresidential in character.
The street and utility pattern is established. The site has access to a
collector street that will direct traffic to other collector and arterial
streets without routing traffic through residential neighborhoods. The
subject site and an adjacent parcel, the Key Bank parcel to the south, share
an access drive on SW Sandburg Street. The subject site is under a single
ownership which should ensure appropriate maintenance of the entire site and
Its buildings. Finally, Tri-Met route 38 provides bus service to this site
on SW 72nd Avenue.
Change or Mistake
In order to approve a quasi-judicial amendment to the Plan and zoning maps,
the City must also find evidence of a change in the neighborhood or
community which affects the parcel. Alternatively, the City must find that
there was a mistake or inconsistency with regard to the designation of the
parcel (Comprehensive Plan, Volume II, Policy 1.1.1, Implementation Strategy
Two; Community Development Code, Section 18.22.040.a).
As noted under background information earlier in this report, the area
within which the site is located was studied by the City in 1985 and the
area was partially rezoned to I-P in response to concerns that most of the
actual land uses were not consistent with the C-P zoning in effect at that
time. Although the building on this parcel has somewhat of an industrial
character, the use of the property at that time was predominantly an office-
type use that would not have been a permitted use in the I-P zone; hence the
property's former owner preferred to retain the C-P zoning. The C-P zoning
of this parcel, as well as a few other properties in the area, was retained
in order to avoid making the uses of those properties non-conforming uses.
The recent sale of the subject property to the current owner has
precipitated a desire to more accurately plan and zone the property with
regard te, the character of the site improvements and the surrounding area.
It Is lik=ely that we may see similar requests for the other C-P properties In
this transitional area as tenants turn over to more industrial uses.
This history of events indicates that the City previously perceived a
mistake in the original plan/zone designations in this area and if the
property owner at that time had desired, this site likely would have been
rezoned to I-P in 1985. This condition continues to exist with a building
of industrial character abutted by similar developments to the east that are
already zoned I-P. Therefore, it is clear that a mistake was made in the
original designation and that I-P is a more appropriate designation to
reflect the transitional nature of the area between the office uses to the
north and industrial uses to the south.
SECTION 2: The City Council concurs with the Planning Commission and staff
recommendations and approves the request to redesignate the parcel illustrated
ORDINANCE NO. 903
Page 8
on the attached Mai,, Exhibit A, with a comprehensive Plan designation of bight
Industrial and zoning of I-P.
SECTION 3: This ordinance shall be effective on and after the 30th day
after its passage by the Council, approval by the Mayor and posting by the
Recorder.
PASSED: BY U11 11V'n0 S vote of�ll Council m ere present after being
read by number and title only, thisQQ day of -Qj1- , 1990.
'k-'h--
�Gatherine Wheatley, City Recorder
APPROVEDs This ���`day of October, 199
Gerald R. Edwards, Mayor
proved a o form:
C y.Attorney
Date
ORDINANCE NO. 90-3�3
Page 9
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