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Ordinance No. 91-33 CITY OF TIGARD, OREGON ORDINANCE NO. ADOPTING FINDINGS FINDIidGS AND CONCLUSIONS TO APPROVE A AN ORDINANCE R, AND ZONE CHANGE REQUESTED BY T. MICHAEL & COMPREHENSIVE PLAN AMENDMENT ASSOCIATES. (CPA 91-0004, ZON 91 -0007) . WHEREAS, the applicant has requested al Comp a zone change rehensive Plan Amendment menttfrom Light Industrial to General Commercial, G; and WHEREAS, the Planning staff made recommendations e City s hearing on October 7h1991; of Tigard Planning commission a and WHEREAS, the Tigard City Council held a public hearing on the proposed to review Planning changes on November 19, 1991, staff and Planning Commission recommendations, as well as public testimony. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1- The proposal is ctsS1findings,stent t andlconclus ao s noted in nt criteria based upon the fac as Exhibit II staff identified "A" , and the attached fep "Al . also the applicants epartent ed as Exhibit ng SECTION 2: The City Council concurs with the roved theomrequest and staff recommendations, and app the attached map, redesignate the iillustrated" , ia Comprehensive Plan identified as Exhibit designation of General Commercial (C-G) its SECTION 3 s This ordinance shall be effectiveal by ahes Matter and passage by the Council, app posting by the City Recorder. By �r�, vote of all Council members PASSED: number and title only, this presgnt after being read py� � I991. nd it day of 11I�YP_M17�( Wheatley, Cit Recorder Catherir� C �6i 1991. APPROVED: This day of J k, Gera Edwards, Mayor Approved as to foz Date ety'��tt��rney Ifr t br/CPA9104.Ord } ORDINANCE No. 91- 33 Page 1 EXHIBIT"A" STAFF REPORT TO THE PLANNING COMMISSION AGENDA ITEM OCTOBER 7, 1991 TIGARD CITY HALL - TOWN HALL 13125 SW HALL BLVD. TIGARD, OREGON A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 91-0004 / Zone Change ZON 91-0007 REQUEST: A request for approval of a Comprehensive Plan Amendment from Light Industrial to General Commercial and a Zone Change from I-P (Industrial Park) to C-G (General Commercial). ZONING DESIGNATION: I-P (Industrial Park) APPLICANT: T. Michael & Associates Ltd. OWNER: Same 9200 E. Mineral Avenue Englewood, CO 80112 REPRESENTATIVE: Black Helterline Law Offices Attn: Mr. Stark Ackerman 1200 The Bank of California Tower 707 SW Washington Street Portland, OR 97205 LOCATION: 9370 SW Cascade Boulevard. Northeast corner of SW Scholls Ferry Road, Cascade Boulevard at Highway 217 (WCTM 1S1 27DD, tax lot 100). 2. Vicinitv Information The subject site is generally triangular in shape and abuts the Tigard city limits on its, east and west sides. The east side of the site is bordered by State Highway 217 and an existing on-ramp. Scholls Ferry Road (State Highway 210) borders the site on the west side. The southern portion of the site abuts SW Cascade Boulevard which functions as a frontage road to Highway 217. 3. Backaround Information The subject property was annexed into the City of Tigard in October 1985. The present building had been constructed prior to annexation and while under a Washington County industrial zoning designation (NAl). Upon annexation, this site was zoned I-P ,Industrial Park). This site has since been primarily occupied by professional and administrative services and Times Publications. There have been no other development applications submitted for this site. 4. Site Information and Proposal Description The subject parcel is approximately 1.1 acres in size and is developed with a two-story, 23,550 square foot office building. The front entrance to both the building and the parking area are oriented to SW Cascade STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 1 s_ E Boulevard. The parking lot provides a total of 79 vehicle parking spaces (with three of those spaces being deaJ.9 aced as disabled person parking spaces). The parking area is lighted and the balance of the site is landscaped. A.ccesr- to the property is provided by a single driveway accessing onto SW Cascade Boulevard. 5. Agency and NPO Comments The Engineering Division has reviewed the proposal and offers the following comments: Traffic: In general, uses allowed in a C-G zone have the potential for greater traffic generation than the uses allowed in an I-P zone. However, for this particular parcel, we do not find the potential for greater traffic to be a concern. There are several reasons for this conclusion. The site is already fully developed. There is little potential for expansion, unless the existing building and parking lot are replaced. Currently, the building is used as an office building. It is unlikely that the use of the upper portion of the building will change in the foreseeable future. Therefore, only a relatively small area is likely to be changed to uses that would generate greatar traffic. The site is small and severely constrained by street and highway rights of way on all sides. There is no opportunity for expansion or combination with other properties. Even if the property were totallyredeveloped,pe , the potential {traffic generation from the site would be relatively small in comparison to other commercial developments. Any substantial change in use for the site will require site development review (SDR). Under SDR, there would be an opportunity to review specific traffic demands of the proposed use and to require appropriate mitigation of any traffic impacts. Mitigation would likely include the widening of Cascade Blvd. to provide additional turn lanes at the site entrance and at the adjoining intersection of SW Cascade and SW Scholls ferry Road. Any widening of SW Cascade would tend to further restrict the development potential of the site. Therefore, the Engineering Division concludes that there are adequate restrictions in place to limit potential future traffic increases and adequate mitigation measures available to address potential future traffic increases that might occur as a result of the approval of this zone change. Utilities: The proposed zone change is not expected to change the service need for utilities in the area. Recommendation: The Engineering Department has no objection to the proposed Comprehensive Plan Amendment and Zone Charge. i STAFF REPORT CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 2 1 I Neighborhood Planning Organization #2, City of Tigard Building Division. General Telephone and Electric, Portland General Electric, City of Beaverton, Tualatin Valley Fire and Rescue, have reviewed the application, and have offered no comments or objections. No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant approval criteria in this case are Statewide Planning Goals 9, and 12, Comprehensive Plan Policies 1.1.2, 4.2.1, 5.1.4, 7.1.2, 7.2.1, 7.4.4, 7.5.2, 7.6.1, 8.1.1, 8.1.3 and 12.2.1 and Community Development Code Sections 18.22.040 (A), and 18.62. Staff concludes that the proposal is consistent with the applicable Statewide Planning Goals based upon the following findings: 1. Goal 9 (Economic Development) is met because the proposal would Provide an opportunity to enhance retail employment opportunities within the City. This proposal will not affect vacant land inventories since the site is already developed. 2. Goal 12 (Transportation) is satisfied because the subject site is Provided with access to a convenient and economic transportation system. The site is located adjacent to two major transportation corridors (Highway 217 and Scholls Ferry Road) and a major collector (SW Cascade Boulevard). Staff has determined that the proposed Comprehensive Plan Amendment/Zone Change is consistent with applicable Comprehensive Plan policies based upon the findings noted below: 1. Plan Policy 1.1.2 requires that in order to approve a quasi-judicial amendment to the Plan, the City must find that the change is consistent with applicable plan policies, that a change of physical circumstances has occurred since the original designation, or there is evidence of a change in the neighborhood or community which affects the subject parcel(s). Alternatively, the City must find that a mistake was made in the original designation (Policy 1.1.2, Implementation Strategy 2; Community Development Code Section 18.22.040 (A)). This Policy will be addressed at the end of this section. 2. Plan Policy 4.2.1 is satisfied because this site is already developed. Building and site improvements were reviewed for compliance with applicable federal, state and regional water quality standards in effect at the time of development. The proposed redesignation of the site for General Commercial use will not result in significant building or site modifications. Any changes to impervious surface area shall be reviewed by Unified Sewerage Agency for compliance with the Oregon Environmental' Quality Commission's rules for the Tualatin River Basin, including the preparation and implementation of a non-point source pollution control plan. The proposed redesignation would not, by itself, affect compliance with this plan policy. 3. Plan Policy 5.1.4 requires the City to ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial uses. This Plan policy STAFF REPORT _ CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 3 y .k. k is satisfied because the subject property is not located within or adjacent to a designated residential area. 4. Policies 7.1.2, 7.2.1, 7.4.4, 7.5.2, and 7.6.1 have been satisfied because the subject property is currently served with urban services, including water, sanitary and storm sewer. This site is already developed and is not within the boundaries of the 100-year floodplain or a designated area of ground instability. The requested amendment will not require any changes to the service delivery system. This developed site is highly visible from several heavily traveled highways. Additionally, all service providers have had the opportunity to comment on this application and have offered no continents or objections. 5. Plan Policy 8.1.1 requires a safe and efficient street and roadway system. This policy is satisfied because this property fronts SW Cascade Boulevard, a major collector, and abuts two State Highways (Highway 217 and Highway 210, SW Scholls Ferry Road). The existing roadway pattern is able to accommodate the minor increase in traffic volumes resulting from an approval of this application. 6. Plan Policy 8.1.3 will be satisfied as a condition of approval of any future development or redevelopment on the site. Completion of any necessary street improvements along the site's frontages and/or parking lot modifications would be required to be installed by the developer at the time of such development or redevelopment. The Engineering Division and affected reviewing agencies will review any future development proposals for the site. 7. Plan Policy 12.2.1 (General Commercial - locational criteria). The applicable locational criteria specified in Chapter 12 of the Comprehensive Plan are satisfied for the following reasons: a. Spacing and locational criteria require that the commercial area shall not be surrounded by residential districts on more than two sides. This site is an industrial island within the general commercial zoning designation and is not adjacent to residential zoning districts on any side. b. Site access criteria require: l) the proposed area shall not create traffic congestion or traffic safety problems; 2) the site shall have direct access from a major collector or arterial street; and 3) public transportation shall be available to the site. The approval of this application will not result in a noticeable change in traffic volumes. The existing building is used for permitted General Commercial uses now. An increase in traffic volumes due to retail services could be expected. Approval of this application would remove a relatively small Industrial Park island from the surrounding General Commercial area. The subject site is adjacent to two State Highways (Highway 217 and Highway 210-Scholls Ferry Road) and a major collector (Cascade Boulevard). Direct site access is provided to SW Cascade Boulevard. No new driveway accesses are proposed with this application. Any increase in traffic volumes caused by the C-G designation will be negligible as most of this increase would be absorbed into the much higher traffic volumes on Highway 217 and Scholls Ferry Road. Additionally, transit service is available in proximity to the existing development. STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 4 � v. i C. Locational criteria also requires that the site be of a size which can accommodate projected uses and that the Bite possess high visibility. This criterion is satisfied for the 1.11 acre site. The existing building and site improvements can adequately accommodate a variety of uses permitted within the C-G (General Commercial) zoning district. This site is also highly visible from adjoining roadway and state highways. d. Impact Assessment is determined by addressing the following criteria: 1) the scale of the project shall be compatible with the surrounding uses; 2) the site configurations shall be such that the privacy of adjacent non-commercial uses can be maintained; 3) it shall be possible to incorporate unique site features into the site design and development plan; and 4) the associated lights, noise and activities shall not interfere with adjoining non-commercial uses. This Plan policy is satisfied because the impact to the surrounding land uses is determined to be negligible. The scale of the present development on this site is compatible with the surrounding uses. There are no residential zoning districts adjacent to this site as this property is surrounded on all sides by commercial zoning designations. Additionally, the applicant states that the scale and design character of the building will not be dramatically changed with the future intended remodeling of the existing structure. The following provides an analysis concerning the Comprehensive Plan, Volume 2, Policy 1.1.2, Implementation Strategy 2; Change or Mistake: The applicant states that the exact date of construction of the building on this site is not known. However, this building predates the 1985 City annexation date of this property and, as such, was developed to Washington County standards underan industrial designation (MAl). The applicant also states that several changes in physical circumstances have occurred since Washington County originally applied an industrial designation to the subject property. Staff recognizes one such physical change on this site. The applicant states that the City of Tigard amended the Comprehensive Plan Map and zoning designations across Cascade Boulevard from the subject property in 1980 (ZC 16-80). The designation of the 8.23 acres was changed from Industrial to General Commercial. Levitz Furniture and Toys R Us stores were later built on the property. With approval of that earlier amendment, the subject property was left as an "island" of I-P land surrounded by arterials and commercial zoning. Further, the larger land area in the vicinity of the subject property at the Highway 217 & Scholls Ferry interchange is zoned and developed for general commercial uses and the subject property is no longer an appropriate location for Light Industrial development. When the subject site was annexed into the City, the site was given' the Tigard zoning designation which most closely matched the original Washington County zoning designation. However, the affect of the previous 8.23 acre zone change from I-P to C-G, whish occurred in 1980, is that a land use pattern had been created whereby the newly zoned subject site would not fit the existing land use pattern. In effect, an I-P island surrounded by commercial uses had been created. It appears that a C-G designation would have been STAFF REPORT - CPA 91-0004/ZON 91-OCC7 T. MICHAEL & ASSOC. PAGE 5 k { a more appropriate designation when the property initially received f a City zone. Therefore, staff contends that a change in physical circumstances has occurred which makes the current I-P zoning designation inappropriate for this site. Staff also contends that the zoning designation of this site should be changed to C-G. The proposed Comprehensive Plan Amendment/Zone Change is consistent with applicable Community Development Code sections based upon the findings noted below: Section 18.22.040 eats forth the standards and procedures for amendments to the Zoning Map as follows: A. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: I. The applicable comprehensive plan policies and map designation and; the change will not adversely affect the health, safety and welfare of the community; 2. The statewide planning goals adopted under Oregon Revised Statues Chapter 197, until acknowledgement of the comprehensive plan and ordinances; 3. The applicable standards of any provision of this code or other applicable implementing ordinance; and 4. Evidence of char-,4e in the neighborhood or community or a mistake or incons:�stency in the comprehensive plan or zoning map as it relates to the property which is the subject of the _ development application. (Ord. 89-06; Ord. 83-52) This Code section is satisfied since the change will not adversely affect the health, safety or welfare of the community because this site is already developed and has been occupied with uses which are permitted uses in the C-G zone as well as the present I-P zone. In addition, as shown herein, the application complies with the relevant provisions of the City's acknowledged Plan and Code. The evidence of a change in the neighborhood has already been presented under the previous review of Comprehensive Plan, Volume 2, Policy 1.1.2, Implementation Strategy 2. Code Section 18.62 (General Commercial) contains the standards for the GeneralCommercial zone. The subject site meets these requirements in that the minimum lot width is greater than 50 feet, the existing structure does not exceed 45 feet in height, the site coverage is less than 85% and the landscaped area is greater than 15%. Additionally, the existing uses are permitted uses within the General Commercial zoning designation. C. OTHER CONSIDERATIONS Although the-following considerations are not approval criteria for this application, staff finds that they are relevant to this application and have been addressed as follows: 1. Statewide Planning Goal 1 (Citizen Involvement) is met because the City has adopted and follows a citizen involvement program which includes review of development applications by the Neighborhood Planning F STAFF REPORT- CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 6 1 f Organization. In addition, all public notice requirements have been met for the subject application. 2. Statewide Planning Goal 2 (Land Use Planning) is satisfied because the City has applied all applicable Statewide Planning Goals, City Comprehensive Plan policies, and Community Development Code requirements in review of this application and will base its, discussion upon adequate findings as discussed herein. 3. Plan Policy 1.1.1 is satisfied because the Comprehensive Plan is consistent with the Statewide Planning Goals. This plan is kept current with the needs of the community through being opened periodically for necessary revisions and has been acknowledged. 4. Plan Policy 2.1.1. is satisfied because Neighborhood Planning Organization #2, surroundi;:g property owners and the general public were given notice of the public hearing related to this request as well as their opportunity to comment on the proposal. 5. Plan Policy 5.1.1 is satisfied because this application would enhance the diversification of economic opportunities available to Tigard residents. The applicant states: According to a vacant land inventory completed in 1990, the City of Tigard had approximately 59 vacant acres designated for General Commercial development and 91 vacant acres designated for Industrial Park development. The amendment will not affect vacant land inventories since the property is already developed. However, the location of the property and site characteristics are consistent with criteria for general commercial development, and would provide additional commercial opportunities to balance undeveloped industrial opportunities. Additionally, the applicant states: An estimated 318 of persons working within the Tigard study area are employed in the retail sector, a higher percentage than found in Washington County as a whole. Therefore, staff contends that the conversion of this site from I-P to C-G would provide an opportunity to 'enhance retail, or other commercial business and job opportunities, within the City. Additionally, since this site is developed, existing vacant_industrial land inventories will not be affected. 6. Plan Policy 8.2.2 pertaining to public transit is satisfied because this request provides for the location of general commercial uses in proximity to existing public transitways. 7. Plan Policy 12.3.1 (Industrial-locational criteria). The locational criteria specified in Chapter 12 of the Comprehensive Plan are partially satisfied for the following reasons: a) This Policy requires: 1) the uses on the site shall be buffered from residential areas to assure that privacy and the residential character of the area are preserved; 2) located on an arterial or collector street and that industrial traffic shall not be channeled through residential areas. This site does not abut any residentially zoned district. This policy is satisfied because this developed site does not cause either infringement of privacy upon, or diversion of traffic through, any residentially zoned districts. b) The site shall be of a size and shape which will provide for the short and long range needs of the use. The applicant states: ..the site size, unusual configuration and existing building are not suited to the needs and requirements of industrial park users. Typically, industrial or flex space buildings are single story with (3 STAFF REPORT - CPA 91-0004/ZON 91-0007 - T. MICHAEL & ASSOC. PAGE 7 i y, i �w loading bays. Ruch of the recent "business park" development within the City of Tigard had occurred within larger scale parks which are developed and managed to accommodate a range of industrial, distribution and office uses within a planned campus. This site has been zoned I-P since 1985. Most of the uses which have occupied this building could be classified as C-G uses as well as I-P uses. Staffs' long range view of this site is that, under the present I-P designation, this property may be developed with a more intensive I-P use. A more intensive industrial development would negatively impact the adjacent commercial properties more severely than would a more intensive C-G use. Staff contends that the short range, as well as long range, use of this site is more appropriately that of C-G rather than I-P. C) The land intended for development shall have an average site topography of less than 6% grade, or that it can be demonstrated that through engineering techniques all limitations to development and the provision of services can be mitigated. This policy is satisfied because this site does have a grade of leas than 6 percent. d) It can be demonstrated that associated lights, noise and other external effects will not interfere with the activities and uses on surrounding properties. This policy is satisfied because the requested zoning designation is the same as found on all abutting properties. Therefore, the potential external effects are the same as those possible on all abutting properties. D. RECOMMENDATION The Planning Division recommends that the Planning Commission forward a recommendation to the City Council. for APPROVAL of Comprehensive Plan Amendment CPA 91-0004 and Zone Change ZON 91-0007 based upon the foregoing findings. PREPARED BY: Ron Pomeroy Assistant Planner APPROVED BY: Dick Bewersdorff Senior Planner cpa91-04.dec STAFF REPORT - CPA 91-0004/ZON 91-0007 T. MICHAEL & ASSOC. PAGE 8 : —q EXHIBIT "Ally PROPOSED FINDINGS FOR THE APPROVAL OF A COMPREHENSIVE PLAN MAP AMENDMENT FROM LIGHT INDUSTRIAL TO GENERAL COMMERCIAL AND A ZONE CHANGE FROM I-P (INDUSTRIAL PARR) TO C-G (GENERAL COMMERCIAL) FOR TAX LOT 100, 181 27DD (APPLICATION CPA 91-0004, ZON 91-0007) T. Michael & Associates Ltd. has requested amendments to the City of Tigard's Comprehensive Plan map and zoning map to change approximately 1. 1 acres of property within an existing Light Industrial Comprehensive Plan designation and Industrial Park zone to a General Commercial plan and zone designation. The property is more particularly described as Tax Lot 100, Tax Trap iS1 27DD, in the City of Tigard. The subject property is currently developed with an existing building and the applicant is proposing the Comprehensive Plan map amendment and zone change to allow additional commercial retail uses for the building. This application must_ be eyaluatedl aagaInat the applicable approval criteria in the Land Conservation and Development Commission's State-Wide Planning Goals, criteria in the city's Comprehensive Plan, and criteria in the city's Community Development Code. Compliance with these applicable criteria is discussed as follows: A. STATE-WIDE PLANNING GOALS The subject application involves a request to amend the city Comprehensive Plan map from Light Industrial to General Commercial and the city zoning map from I-P (Industrial Park) to C-G (General Commercial) for land within the city limits. We find, from a review of the city's Comprehensive Plan and Community Development Code and the discussion in the report submitted with the applicant's application ("Applicant's Report") , that the subject property does not involve land characteristics, uses, impacts or changes in the overall nature of the Comprehensive Plan that require the consideration of State-Wide Planning Goals 1-8, 10-11 and 13-19. We further find that the application does raise issues which make relevant the mandatory approval criteria in Goals 9 and 12, which are addressed in these findings as follows: A.I. GOAL 9: ECONOMIC DEVELOPMENT. Criterion: To provide adequata opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon citizens. We find that this goal is intended to be a broadly- worded, state-encompassing goal which establishes no minimum or mandatory levels of opportunities or economic activities which must be provided in any particular area of the state. We further find that the city's Comprehensive Plan, through the designation of commercial and industrial land in the city, provides land for a variety of activities that could beneficially contribute to the economy of the Tigard area. We find, based upon the Applicant's Report, that the proposed plan and zone map amendments would result in a designation for this site which is in keeping with the surrounding uses. We further find, based upon the Applicant's Report, that the proposed amendments for this site take advantage of the site's outstanding accessibility and visibility to create a prime retail location. lie also find, from the Applicant's Report, that redesignation of the site is expected to increase employment within the city. Based upon this information, we find that the use of the site as prime commercial property will be a positive economic benefit to the City of Tigard and will strengthen the health, welfare and prosperity of the community. We find that the use of the prime retail site for commercial Increase the economic productivity Of that area and the surrounding area and lead to an improved and more stable commercial activity in the community because of the high visibility and accessibility of that site and the expected increased employment. We find that the redesignation of this site from industrial to commercial will not affect the city's inventories of land suitable for increased economic growth because the property is already developed and is not part of the city's inventory of vacant developable land. We find that the existing inventory still provides an adequate supply of sites of suitable sizes, types, locations and service levels for a variety of industrial and commercial uses, as was indicated in the recent update of Chapter 5 of the Comprehensive Plan. We further find that designating this site for commercial uses, because the site is surrounded by commercial uses, will not in any way interfere with existing industrial or commercial uses within the area and in fact makes the property more compatible with the existing surrounding commercial uses. Based upon the above findings, we conclude that Goal 9 has been met. A.2. GOAL 12: TRANSPORTATION. criterion: To provide and encourage a safe, convenient and economic transportation system. -2- We find that the subject property is already developed and connected to an established transportation system. The property accesses S.W. Cascade Boulevard which is a major collector. S.W. Cascade Boulevard connects at the northwest corner of the property to Scholls Ferry Road, an east-west arterial, at a signalized intersection. Scholls Ferry Road connects with Highway 217, a major north-south arterial, at the northeast corner of the property at a second signalized intersection. We find, therefore, that the site is conveniently located and easily accessible from surrounding communities. We further find that the signalization of the nearby intersections regulates the traffic flow to provide a safe system. The fact that the system is already constructed means that the approval of this application will not impose any additional cost to the public, which we find makes this application economic. We further find, based upon the Applicant's Report and the comments of the city Engineering Division, that the potential future traffic increase from commercial use of the property is limited, that any such increase could be adequately mitigated, and that the contemplated retail use may in fact disperse traffic voluiue over a longer time interval because of the expanded shopping hours associated with retail and particularly jewelry store retail use. We conclude, therefore, that the proposed Comprehensive Plan map amendment and zone change will result in a safe, convenient and economic transportation system, and that Goal 12 has been met. B. COMPREHENSIVE PLAN CRITERIA We find that the application before us requests an amendment to both the city's Comprehensive Plan map and zoning map. No Comprehensive Plan text amendment was requested. We have reviewed the Comprehensive Plan for approval criteria relevant to the requested ,map amendments and make below the findings for the criteria we find applicable. In identifying the applicable approval criteria, we only chose those that were relevant to the proposed map amendments. We also only chose c criteria that were mandatory (where compliance is required) and not plan provisions couched in such terms as "encourage" (which indicate desirable, but discretionary conditions) . B.Y. CHAPTER 1: GENERAL POLICIES. Criterion: Policy 2.1.2, Implementation strategy 2. Quasi-judicial judicial changes to the Comprehensive Plan Map: The Community Development Code ("CDC") shall provide quasi- judicial changes to the comprehensive Plan Map which may be initiated by affected t -3- i parties on a gemi-annual basis and approved if the city council finds% (a) the change is consistent with applicable plan Policies; (b) a change of physical circumstances has occurred since the original designation; or (c) a mistake was made in the original land use designation. We find, as is discussed specifically below for all of the applicable Comprehensive Plan approval criteria, that the proposed change is consistent with applicable plan policies. We further find that the subject property was developed while it was within the jurisdiction of Washington County under an Industrial designation. When the property was annexed by the city of Tigard, it was being used for a mix of office and nonretail commercial uses. At the time of annexation, the city, in accordance with an intergovernmental agreement between the city and Washington County, applied the city designation that was closest to the county industrial (MA11 designation. The city, therefore, gave the property an industrial Comprehensive Plan designation and an industrial park zoning designation. We find that, even though the property was designated industrial by the city at the time it was annexed, the location of the property and the nonindustrial uses on it would have justified either commercial or industrial designation because the property meets the locational criteria for both commercial and industrial designation. We further find that the property across S.W. Cascade Boulevard from the subject property was previously designatedindustrialbut is now designated general commercial, and is developed with Toys R Us and Levitz Furniture retail stores. This circumstance, in combination with the commercial zoning across Scholls Ferry Road, has resulted in the subject property becoming an isolated island of industrially zoned property surrounded by commercially zoned property. We find, therefore, that the changes in land use designations and patterns in the area which have made the subject property an island of industrial property amidst commercial uses are changes in physical circumstances since the original designation, and are sufficient to justify a Comprehensive Plan map amendment. We conclude, therefore, that the criterion for quasi-judicial changes to the Comprehensive Plan map has been met. -4 B.2. CHAPTER 4: AIR, NMISR LAND REBOURCEB QUALITY. Criterion: Policy 4.2.1. All devaiopment within the Tigard urban planning area shall comply with applicable federal, stats and regional water quality standards. We find, based upon the Applicant's Report, that the subject property is already fully developed with a building and associated parking and landscaping improvements, and that these improvements were reviewed for compliance with applicable federal, state and regional water quality standards at the time of development. We further find that the requested map amendments, by themselves, would not result in any additional significant improvements or modifications to the site and would not affect compliance with this plan policy. We conclude, therefore, that this criterion has been met. B.3. CHAPTER E: ECONOMY. Criterion: Policy 5.1.4. The city shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial or industrial uses. We find that the subject property is not located within or adjacent to a designated residential area. We conclude, therefore, that this criterion has been met. B.4. CHAPTER 7: PUBLIC FACILITIES AND BERVICEs. B.4.a. Criterion: Policy 7.1.2. The city shall require as a pre-condition to development approval that: a. Development coincide with the availability of adequate service capacity including: 1. Public water, 2. Public sewer shall be required for new development Within the city unless the property involved is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained: and �. -5- 3. Storm drainage. b. The facilities are: 1. Capable of adequately serving all intervening properties and the proposed development; and 2. Designed to city standards. c. All new development utilities to be placed underground. We find, based upon the Applicant's Report and the Staff Report, that the subject property is currently fully served with urban services, including public water, sanitary and storm sewer. We further find that the area surrounding the subject property has been previously developed such that adequate services are available to the entire area, including intervening properties. We find that the s:bjea-t property is a?ready developed and is supplied with electricity from overhead power lines which run along S.W. Cascade Boulevard. We find, because of the .preexisting development of the subject property and power line system, that this is not a situation where new electrical service is being provided. Therefore, we find that this criterion does not require that the existing power lines be placed underground. We further find that service providers have been given an opportunity to review this application and have had no comments questioning the ability to provide services. We conclude, therefore, that this criterion has been met. B.4.b. Criterion: Policy 7.2.1. The city shall require as a pre-condition to development that: a. R site development study be submitted for development in areas subject to poor drainage, ground instability or flooding which shows that the development is safe and will not create adverse offsite impacts; b. Natural drainage ways be maintained unless submitted studies show that alternative drainage solutions can solve on-site drainage problems and will assure no adverse offsite impacts; -6- e c. All drainage can be handled on-site or there is an alternative solution which will not increase the offsite impact; d. The i00-yeas floodplain elevation as established by the 1981 flood insurance study conducted by the U.S. Army Corps of Engineers be protected; and e. Erosion control techniques be included as a part of the site development plan. We find, based upon the Applicant's Report, that the subject property is not located within the boundaries of a 100-year floodplain or a designated area of ground instability. We find- therefore, that a site development study is not required. We further find that since the site is already fully developed, approval of the proposed map amendments will not, by itself, affect natural drainage ways or erosion or increase offsite impacts. We conclude, therefore, that this criterion has been met. B.4.c. Criterion: Policy 7.4.4. The city shall require that all new development be connected to approved sanitary sewerage system. Based upon the Applicant's Report, we find that the subject property is connected to the sanitary sewerage system through an existing sewer trunk line located in S.W. Cascade Boulevard that provides gravity flow service to the subject property. We conclude, therefore, that this criterion has been meta B.4.d. Criterion: Policy 7.5.2. As part of the ongoing development review, the city shall: a. Require visible identification signs to assist emergency vehicles in locating the area of the problem; b. Utilize defensible space concepts; and c. Require the Tigard Police Department to review development applications. We find, based upon the Applicant's Report, that the subject property is located in a highly visible location in plain view from two county highways and a major city collector street. We further find that the building on the property is highly -7- t e visible from all three of these roads and that the current and proposed signage for the tenants of the building is likely to make it very easy for the Police Department to locate the property and respond to any problems. We also find that the property is already developed so that there is little opportunity to, at this point in time, incorporate special defensible space concepts. However, we find from the Applicant's Report that the applicant intends to incorporate security considerations in future renovation of the property, particularly in conjunction with providing protection for a jewelry retail store. Finally, we find that the ,application has been distributed to the Tigard Police Department for their review. We conclude, therefore, that this criterion has been met. B.4.e. Criterion: Policy 7.6.1. The city shall require as a pre-condition to development that: a. The development be served by a Water system having adequate water pressure for fire protection purposes; b. The development shall not reduce the water pressure in the area below h level adequate for fire protection purposes; and c. The applicable fire district review all applications. We find from the Applicant's Report and the Staff Report that the subject property is supplied by adequate services, among which are existing water mains and hydrants located in S.W. Cascade Boulevard, adjacent to the site. We further find that, since the subject property is already developed and the proposed map amendments involve no change in that development, the proposal would not reduce the water pressure below that which exists now. We also find that the proposal has been submitted to the fire district for its review and that the district has submitted no objections to the proposal. We conclude, therefore, that this criterion has been met. B.S. CHAPTER 8: TRANSPORTATION. B.S.a. Criterion: 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 devW opment. -s- We find, based upon the findings for Criteria A.2 and B.5,b, that the subject property is already developed and connected to an existing safe, convenient and efficient transportation system, and that any increased traffic resulting from the proposed amendments can be adequately provided for. We conclude, therefore, that this criterion has been met. B.S.b. Criterion: Policy 8.1.3. The city shall require as a pre-condition to development approval that: a. Development abut a publicly dedicated street or have adequate access approved by the appropriate approval authority; b. Street right-of-way be dedicated where the street is substandard in width; c. The developer commit to the construction of the streets, curbs and sidewalks to city standards within the development; d. Individual developers participate in the improvement of existing streets, curbs and sidewalks to the extent of the developments impacts; e. Street improvements be made and street signs or signals be provided when the development is found to create or intensify a traffic hazard; f. Transit stops, bus turnout lanes and shelters be provided when the proposed use is of a type which generates transit ridership; g. Parking spaces be set aside and marked for cars operated by disabled persons and that the spaces be located as close as possible to the entrance designed for disabled persons; and h. hand be dedicated to implement the bicycle/pedestrian corridor in accordance with the adopted plan. We find that the subject property is already developed. We further find that this policy is intended to apply to development or redevelopment where the construction of buildings 1 -9- or other improvements is anticipated, not to impose retroactively new standards on already developed property. We find, therefore, that this policy does not impose any new requirements on the subject property in the context of Comprehensive Plan map amendment or zone map amendment approval. However, even if this policy does apply to the proposed map amendments, we find that the policy has been met. We find, based upon the Applicant's Report and the Staff Report, that the subject property abuts S.W. Cascade Boulevard, a major collector. We find, based upon the Applicant's Report and comments of the city Engineering Division, that this application will not require any dedication of street right-of-way, or any construction or improvement of streets, curbs and sidewalks. We further find, based upon the comments of the city Engineering Division, that because the changes in traffic use as a result of the approval of this application would only have a minor impact on the traffic intensity in the area, and bocause there are adequate restrictions in place to limit and mitigate potential future traffic increases, that no additional street improvements are required for approval of this application to avoid a traffic hazard. We find that the applicant need not make any additional provision for transit stops or bus turnout lanes since, ,based upon the Applicant's Report and the Staff Report, transit service is already available along Scholls Ferry Road, and since the proposed use is oriented toward automobile travel and is not expected to generate a significant amount of transit ridership. We further find, from the Applicant's Report, that the subject k property contains three parking spaces close to the building entrance which are marked for disabled persons. Finally, we find that the subject property is not included within any designated bicycle or pedestrian corridor and that no special provisions are therefore required for these uses. Based upon the above findings, we conclude that this criterion has been met. B.G. CHAPTER 12: LOCATIONAL CRITERIA. Criterions Policy 12.2.1. The city shall: a. Provide for commercial development based on the type of use, its size and required trade area. w b. Apply all applicable plan policies. c. Apply the appropriate locational criteria applicable to the scale of the project. -10- w i glo-IM CORKERCIAL RTERIi1. General commercial areas are intended to provide for major retail goods and services,- The ervices.The uses classified as general Commercial may involve drive--in services, large space users, a combination of retail, service, wholesale and repair services or provide services to the traveling 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 arterial or major collector street. a. scale. (1) Trade Area. varies. (2) Site Size. Depends on development. (3) Gross Leasable Area. varies. n` b. Locational Criteria. (1) spacing and Location. (a) The commercial area is not surrounded by residential districts on more than two sides. (2) Access. (a) The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on the street capacity, existing and projected traffic volumes, the speed limit, number of turning t movements, and the traffic generating charactehistics of the various types of uses. (b) The site shall have direct access from a major collector or arterial street. (r -11- "r (c) Public transportation shall be available to the site or general area. (3) Site Characteristics. (a) The site shall be of a size which 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 shall be such that the privacy of adjacent non- x commercial uses can be maintained. (c) It shall be possible to incorporate the unique site features into the site design and development plan. (d) The associated lights, noise and activities shall not interfere with adjoining non-residential uses. We find, first of all, that all applicable plan policies have been met as is discussed in the findings above. We further find, as is discussed more fully below, that the subject property is ideally located for designation for general commercial use because of its type of use, its size, its trade area and its conformity to the general commercial locational criteria. Based upon the Applicant's Report, we find that the site is already developed with a building that is being used by businesses that are permitted uses in the General Commercial zone, and that there are plans to use the first floor of the building for a Shane Co. retail jewelry store. We further find, also based upon the Applicant's Report, that the site is only a' short distance from the Washington Square shopping mall. We find that the subject property is within the same trade area as the Washington Square shopping mall because the general commercial -12- use of the subject property will draw upon the same people that are drawn to Washington Square and Washington SquareaII. We find, based upon the existing and planned able trade area, and the additional consideration ofeloca tonal is criteria discussed below, that the subject prop Y appropriate for commercial use. We find that the subject property falls squarely within the locational criteria for general commercial areas. The ounded by residential districts on subject property is not surr more than two sides and, in fact, is not adjacent cant'sany Report, residential zone. We find, bnsed upon Division�,liand the Staff the comments of the city Eng' eering Report, that the subject property is already developed and that approval of the proposed map amendments will at most only the existing traffic volume y arain commentsor midentifyingunt. In anotstreet of ) city Engineering Divas capacity or congestion problems associated with approval of this application, (2) the statements in the Applicant's Report and Staff Report that the traffic volume from the planned Shane Co. retail use will represent only a minor fraction of the overall background volumes on adjacentroadways anfiis likelyngsorto be in the evenings and on weekends, and (3) theCriteria A.2 and B.5, we find that the proposed map amendments will not create traffic congestion or a traffic safety problem. We further find that the site has direct access to a major lic transportation is available collector street and that pub nearby. We find that the site characteristics of the subject property are conducive to general commercial use. The site is already developed and by its past and Fprese ogee tike siteehashat it is suitable for commercialuses* extremely high visibility namely Scholls1FerryyRoad andfrom ,Highwayr217, roadways in the area, Y visible, easily which make it ideally suited as a highly accessible commercial retail site We find that theTorsperties near the subject property contain Levitz Furniture, Y Silo, and Cascade Plaza stores, which are commercial retail uses, and that the proposed scale and use of the subject property is compatible with and will not interfere with those adjacent nonresidential uses. We further find that there are no adjacent noncommercial uses that would be interfered with because there { are no adjacent noncommercial uses. Based upon the above findings, we conclude that t"is criterion has been met. -A13- x C. COMMUNITY DEVELOPMENT CODE C.1. MaNDME TTS 'rO THE ZONING MAF. Criterion: Policy 18.22.040. Quasi-judicial Amendments and Standards for Making the Decision. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1. The applicable comprehensive plan policies and map designation; and the change will not adversely affect the health, safety, and welfare of the community; 2. The statewide planning goals adopted under Oregon Revised Statutes Chapter 197, until acknowledgment of the comprehensive plan and ordinances; 2. The applicable standards of any provision of this code or other applicable implementing ordinance; and 4. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. We find that subsection 2 of this criterion does not apply because the city's Comprehensive Plan and ordinances have been acknowledged. We further find that many of the remaining standards within this criterion are parallel to standards in the Comprehensive Plan for amendments of the Comprehensive Plan map. To the extent that those standards are similar, we adopt the findings in support of the Comprehensive Plan map amendment z` discussed above in Section B.I. We find additionally that the proposed map amendments will not adversely affect the health, safety and welfare of the community. Since the subject property is already developed, and has been occupied with uses permitted in the General Commercial zone, the impact of the proposed change will be minimal. There { may be some slight change in the nature and amount of traffic -14- levels, but we agree with the Staff Report and the Engineering Division that the change created by the proposed map amendments would be minimal and not adverse. We further find that, since this approval involves no direct changes to the site, the impact on the community should be minor. On the positive side, we find that the cemammunity should profit from the opportunity to utilize this ideal commercial retail location for commercial purposes. Based upon the above findings, we conclude that this criterion has been met. C.2. CRART$R 28.62: GENERAL COMMERCIAL DISTRICT. We find that the proposed map amendments comply with the standards for uses in the General Commercial zone. In terms of the proposed use of the site, we find that the identified existing and proposed uses contemplated for the site are office and administrative uses such as insurance agencies, tax services, medical clinics and retail uses such as a jewelry store. All of these uses are permitted uses within the General Commercial zone. Since S.W. Cascade Boulevard and Scholls Ferry Road are a major collector and an arterial, respectively, approving the proposed map amendments is consistent with the purpose of the General Commercial zone, which is to site uses adjacent to an arterial or major collector streets. With regard to dimensional requirements within the General Commercial zone, we find that the existing building and site development comply with applicable requirements and standards. specifically, the lot width is greater than the 50 foot minimum; the existing building is less than the 45 foot maximums the building on the site and paved areas represent 80 percent of the site, well within the maximum 85 percent coverage for buildings and impervious surfaces; and the site includes 20 percent landscaping, which is in excess of the required 15 percent of the site. The General Commercial zone does not establish yard setbacks except where the zone abuts a residential zone. Since that is not the case here, we find that setbacks are met. Based upon the above findings, we conclude that the standards within the General Commercial zone are met for the proposed application. CONCLUSION We find that the redesignation of the subject property to a plan designation of Commercial and a zone designation of General Commercial complies with the applicable approval criteria. Therefore, we approve the proposed redesignations. aa302 --15- ,I EXHIBIT "B"_ NI f s� � N s y to z �O �• m 1 i i � � J LI - Z m !O w D