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Ordinance No. 92-29 CITY OF TIGARD, OREGON oRDINANcE No. 92 LAN AN ORDINANCE ADOPTING FINDINGS AND COTARKIAINEN AND CLU YGEY BF.NK (.PA 92 00 ZONP AMENDMENT REQ'OESTED B92- X REINO AND NjAR � p7'� map amendment from Vc WHEREAS, the applicants have requested a COmpreheg redesignation from C-P to I-L Commercial Professional to Light Industrial and zoning tax lot for approxia►ately 3.38 acres (S+iCTM 2S1 IDD tax lot 700 and WCT14 2S1 Industrial t LightCIndustriald00) and and a Comprehensive Plan map amendment from Heavy zoning redesignation from I-H to I-L for approximately 0.66 acres (WCTM 281 iDD tax lot 900)1 and WHEREAS, the Planning Commission hold a public hearing on the request on October a 1992 and unanimously concurred with the Planning Division's recommendation for approve of the request, and on the request on October WHEREAS, the Tigard City Council held a public hearing 1992, to review the applicants' statement, the staff report, staff and Commissioon recommendations, and to receive public testimony, THE CITY OF TIGARD ORDAINS AS FOLLOWSs31, SECTION 1: The proposal is consistent with all relevant criteria based upon the facts, findings, and conclusions noted in the attached staff report, identified as Exhibit A, and also the applicants' report, identified as Exhibit 81 `k SECTION 2: The City Council concurs with the Planning Commission and staff recommendations, and approves the request to amend the comprehensive plan Land Use Map (as shown on attached Exhibit C) with the subject � Plan designation,parcels designated with ,the Light Industrial attachsd wall as approving the reque©ted changes to the zoning map Exhibit D) with the subject parcels designated with the I-L zoning district. This ordinance shall be effective 30 days after its passage by the SECTION 3: Thincil, approval ll the mayor, a.nd posting by the City Recorder. � PASSED: By UI)C�IrmLA�L5 vote of all Council members daygOft after�� s being read by number and title only, this 1992, wheatley. City Recorder . ,.aa U da of 99 APPROVED: This y YNOM9 SX x ohn Schwartz, Council President Approved as to form: !O! Zlq a (�� G. Date City Attorney f fo/ordCpaU ORDINANCE No 9'_11.-�-- Pag AGENDA ITEM . 5.2 STAFF REPORT TO THE PLANNING COMMISSION HEARING DATE: OCTOBER 5, 1992 - 7:30 PM HEARING LOCATION: TIGARD CITY .MALL-TOWN HALL 13125 SW HALL BLVD. TIGARID, OR 97223 ; FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 92-0005 Zone Changq ZON 92-0003 REQUEST: 1. Comprehensive Plan map amendment from Commercial Professional to Light Industrial and zoning redesignation from C-P to I-L for approximately 3.38 acres (tax lots 700 and 4100) . 2. Comprehensive Plan map amendment from Heavy Industrial to Light Industrial and zoning redesignation from I-H to I-L for approximately 0.66 acres (tax lot 900) . OWNERS: Reino & Marilyn Tarkiainen (tax lot 900) 20895 SW LeBeau Road Sherwood, OR 97140 Key Dank of Oregon (tax lots 700 and 4100) � 1211 SW 5th Avenue #400 Portland, OR 97204 AGENT: OTAR, INC. 17355 SW Boones Ferry Road x Lake Oswego, OR' 97035 Contacts: 1David-Bantz/Joe Dills (635-3618) SITE LOCATION 14010 SW 72nd Avenue (tax lot 900) Addresses have not yet been assigned for the other parcels. PROPERTY DESCRIPTION: WCTM 2S 1 IDD tax lots 700 & 900 AND WCTM 2S1 1DC tax lot 4100 SITE AREA: 4.04 ACRES ` STAFF RECOMMENDATION: Forward a recommendationtothe City Council for approval of the Plan amendment and rezoning requests. 2• i f i c• t On Tax lot 800, to the east Of the Finlandia developed with the Power Renta e i property, is The tonin of this parcel was changed ebt rental yard. Commission to I-L p Y the Planning 1990. (Light Industrial) on November 13, F'iAla3ldia'8 parcel receives access driveway easem nt to SW 72nd Avenue on tax from a the north of the subject tax lot 4100 is taxt1ot03900,� which contains the Key Bank service center. is zoned C-P (Coaercial This parcel receives access from both SW Sandbur nal) . This parcel Avenue via a driveway across g Street and SW 72nd Properties to the north and nort to t lots 4100� v Other contaatn a variety of industrial uses. •...:.�.. a-r and immediately to the north The parcel contains the Gould P of the subject tax lot 700 Pump Company. Across SW 72nd Avenue from the subject Center Industrial Park which is j site are 6he Tech variety of industrial uses mostly developed with a recently constructed • two residences, and the service facility. Auto Battery Exchange sales and Industrial) , Y. These properties are zoned I-H (Heavy Properties to the south of andthe subject properties Gerber Blades faciliit es assn the Williams are also zoned I-H that are currently „- well as two Control and a nder as large warehouses. SW 72nd Avenue abutting the site is a 44-foot wide major collector ? drain street that includes curbs paved age. A sidewalk is provided on the east side of the street just south of the site. 3• Site T - formation s Tax lot 900 contains the single-story, 11,000 square f Office and shop building of both Finlandia Sauna and -- Finlandia SaunA_ manufactures and acc6s�sUries at the site. Sandvik yStee.ie8is saunas and importer and warehouse. Tax lots 700 a steel vacant. A number of oak trees are located on tax are 700. A recently developed service center rou hl p driveway to the lot recentl g Y bisects tax lot Key Bank y installed landscaping is 4100. Some the driveway and adjacent to provided ad SW 72nd. ; adjacent to STAFF REPORT a Page 2 "" CPA 92-0005/zoN 92-0003 - FINUMIA/TARKIANEN. - 4+ �ev6ni iarsrsi ri Lion The applicant's statement states that the intent of this request is to change the Comprehensive Plan designations on the subject properties from the current Heavy Industrial and Commercial Professional to Light Industrial and the corresponding zoning from I-H and C-P to I-L. Of the 4.04 acre total site, 0.66 acres (tax lot 900) are currently designatedHeavy Industrial and are zoned I-H. The remaining 3.38 acres are designated Commercial Professional by the Plan and are zoned C-P. The applicant's statement says that the proposed Plan g. amendment and zone chan -. •, , ll - y.. W131.1 allow r-iniandia Sauna Products to expand and will also apply the Light Industrial and I-L designations to the adjacent vacant areas so that future development will be compatible with the existing land use pattern. The applicant's statement reports that Finlandia's need to expand is immediate because the existing facility lacks adequate space for manufacturing, storage, and employee parking. S. agency and NPO Comments The Engineering Department, Building Division, Tigard Water District, and the Tualatin Valley Fire and Rescue District have reviewed the proposal and have offered no comments or objections regarding the proposal. The comments from Neighborhood Planning Organization #5 regarding this proposal are attached to this report. No other comments have been received. B. FINDINGS AND CONCLUSIONS Staff finds that the applicable criteria in this case are Statewide Planning Goals, 1, 2, 9, and 12; Comprehensive Plan Policies 2.1.1, 5.1.1, 7.1.2, 7.2.1, 7.4.4, 7.6.1. 8.1.1, 8.1.3, 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 Plan Policy 1.1.2 and Community Development Code Chapter 18.22. In addition, the proposed redesignation must also be consistent with the purpose section for the requested I-L zoning district and the redesignation should not create any non-conformities with regard to existl.ng uses of the site or existing site improvements. STAFF REPORT - CPA 92-0005/ZON 92-0003 - FINLANDIA/TARRIANEN. Page 3 - a i 1 i i Consistency wither Statewide Planning Goals The Planning Division concludes that the proposal is consistent with the applicable Statewide Planning Goals based upon the following findingsa 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 opportunity to comment on the proposal. In addition, all public notice requirements related to th-4 b application have been satisfied. 2. Goal #2 (Land Use Planning) is satisfied because all applicable Statewide Planning Goals, City of Tigard Comprehensive Plan Policies, and Community Development Code requirements have been applied 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 industrial land on a site which is relatively well suited for industrial use. The City Council and Planning Commission have previously expressed concerns with the limited amount of developable and/or leasable industrial lands in the City. The proposed amendment would provide an approximately 3.4 acre increase in the city's inventory of developable industrial lands. This increase would obviously come at the expense of a reduction in the amount of developable Commercial Professional designated land, although on land that is somewhat removed topographically and with regard to access from other Commercial Professional designated lands. Additionally, the request is being made by an existing industrial use that wishes to expand onto the subject site, if the redesignation request is not approved, that use may be forced to relocate to another area in order to expand, This may have v negative economic impact on the city. f. 4. Goal #12 (Transportation) is satisfied because the proposed Light Industrial designation is not anticipated to result in an increase in site generated traffic, as described further under Policy 8.1.1, which follows. x STAFF REPORT - CPJ4 92-0005/ZON 92-0003 - FINLANDIA/TARKIANEN. - / Page 4 i f f t onsistengy with Plan Policies Staff has determined that the proposed Plan Map amendment/Zone Change is consistent with the Comprehensive Plan based upon the findings below: s 1. Plan Policy 2.1.1 requires ongoing citizen involvement in the city's planning process. This Policy 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. { z. Plan Policy 3.1.1 states that the City shall not allow development in areas having the significant physical development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. This policy is satisfied because the subject property has no wetlands, severe soil erosion, potential slopes exceeding 25% and does not s appear to contain severe weak foundation soils or be subject to slumping, earth slides or movement. This conclusion is supported by the fact that the area in the vicinity of the subject property is almost entirely developed with no evidence of development limitations. ` 3. Plan Policy 4.3.1 requires that the City: a. Require development proposals located in a noise congested area or a use which creates noise in excess of applicable standards to consider building placement on" the site in an area where the noise levels will have a minimal impact; or utilize landscaping and other techniques to lessen noise impacts to levels compatible with the surrounding land uses. b. Coordinate with DEQ in its noise regulation program and apply the DEQ land use compatibility program. C. Where applicable require a statement from the appropriate agency (prior to the approval of a land use proposal) that all applicable standards can be met. } Plan Policy 4.3.1 is implemented through the development review process, in which building placement and STAFF REPORT - CPA 92-0005/ZON 92-0003 - FINLANDIA/TARKIANEN. - Page 5 f� landscaping would be reviewed with respect to minimizing noise impacts of use of the site upon adjacent land uses. The development review process would also require that any State of Oregon noise regulations be satisfied. No significant noise impacts would be expected due to light industrial use of the property as compared to heavy industrial uses or commercial uses permitted under the existing Plan designations and zoning. The site does not abut typical noise sensitive uses such as residences, schools, day care facilities, or retirement homes. t d— .. .. @ 4. Plan Pclicy 5.1.1its c+ALttllr1Q because this proposal would enhance economic opportunities in the Tigard area. The subject property is located within a transition area between predominantly office and light industrial uses to the north and heavy industrial uses and large warehouses to the south. Because the subject site is below the crest of the hill in this area, the I-L zone would allow the site to accommodate a variety of uses more consistent with the nature of the predominantly industrial uses in the surrounding area than uses that would be allowed under the C=P zone. It appears that the requested Plan amendment and rezoning will allow for almost immediate expansion of an existing industrial use (Finlandia Sauna) that otherwise might be forced to relocate in order to expand. 5. "Plan Policies 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 existing Plan and zoning designations are changed to Light Industrial and I-L. Service providing agencies would be provided an opportunity to review any I development proposals for the subject site that might arise after redesignation. 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 utzlizincr the institute of Traffic Engineers Trig Generation Manual. The applicants have provided the following basic traffic analysis, comparing projected trip generation using the site data and basic trip generation projections: STAFF REPORT CPA 92-0005/ZON 92-00.03 FINLANDIA/TARKIANEN. - Page 6 The fallowing comparison shows that site generated s traffic should be about 50 percent :ease than that -1-u.=-- by the current commercial, professional zoning. Comm. Professional 13.92 trips building ding 00 s are feet of 2.0 trips per 1000 square feet at a.m. peak hours 1.97 trips per 1000 square feet g at P.M. peals hours Light Industrial 6.97trips Der 1000ng square feet gross 0.96 trips per 1000 square feet q . at a.m. peak hours 1.04 trips per 1000 square feet at p.m. peak hours 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. 7 . Plan Policy 8.1.3 is satisfied because the subject ' properties abut SW 72nd Avenue which is a dedicated public street with sufficient right-of-way and full street improvements, except sidewalk. Sidewalks typically would be required to be constructed within the existing right-of-way as further development occurs. Tri Met bus line #38 (Boons Ferry Road line) serves' the site. It is unlikely that any new public streets would be developed within the subject properties as additional development occurs. 8. Plan Policy 12.2.1 provides locational criteria for commercial Plan designations. The Commercial- Professional Plan designation criteria indicate that site suitability, visibility, access, and impacts upon adjacent land uses or from adjacent uses upon the commercial use are the key elements in locating Commercial-Professional areas. That portion of the subject property currently designated Commercial Professional meets the site suitability and visibility STAFF REPORT - CPA 92-0005/ZON 92-0003 - FINLANDIA/TARRIANEN. Page 7 E locational criteria. However, the Commercial R Professional portion of the site may have difficulty meeting the access criteria as any access would have to be along the sloped frontage between the two curves in SW 72nd Avenue. The traffic generating characteristics of potential Commercial Professional uses could create traffic congestion or safety problems associated with an access in this location. Industrial uses of that { portion of the subject site also uculd 1 kelt' utilize the cama access location, but based upon the traffic generation figures reported above, lesser traffic levels that would result with industrial development would be j expected to result in lesser traffic problems. In addition, the site's close proximity to industrial zoned property could create a negative impact on future commercial usage of the site due to noise and outdoor activities that may be associated with the Heavy Industrial and Light Industrial properties to the south. Therefore, the proposed Light Industrial designation may be more appropriate than the existing Commercial Professional designation. I g, Plan Policy 12.3.1 provides locational criteria for the Heavy Industrial Plan designation; ,�.... a. Sites for Heavy Industrial development shall bee (1)- separated by topography established buffers, transportation, or other nonresidential land uses from residentially developed areas. (2) located in areas having rail service, arterial or major collector access The applicant does not directly take issue with tax lot 900,. which contains the Fi!+landia and Sandvik operations, being mis-designated Heavy Industrial or with not meting these locational criteria. However, tax lot 900's access to SW 72nd Avenue is via an easement across an adjacent parcel owned and occupied by Power Rents. Power Rents' property is zoned I-L. The current redesignation request would make the zoning consistent for both parcels receiving access from the Power Rents driveway. _. Approval of the requested plan amendment and zone change would also allow the business occupying this parcel to expand onto one of the other lots which is part of this STAFF- REPORT CPA 92-0005/ZON 92-0003 FINLANDIA/TARRIANEN. - Page 8 request, which othsc rwi ab could not occur under the " existing zoning. In addition, the Finlandia operations would obtain frontage onto SN 72nd Avenue. Staff concurs with this analysis. Policy 12.3.1 also pirovides locational criteria for the L ght Industrial Plan desianatio . b. Sites for Light Industrial development shall be: (1) 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 changed through residential areas. c. The site shall be of a size and shape which will provide for the short and long-range needs of the use. d. 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. e. It shall be demonstrated that associated lights, noise and other external effects will not interfere with the activities and uses on surrounding properties. f. All other applicable plan policies can be met. The applicant's statement. addresses each of these criteria on pages 10 and 11. Staff generally concurs with this analysis and borrows liberally frorr. the applicant in providing the following findings addressing each of the locational criteria for the Light Industrial Plan designation. b.1. There are no areas in the vicinity of the subject properties that are designated for residential development by the Comprehensive Plan or zoning map. However, there are two non-conforming residential uses roughly opposite the subject site on property that is zoned I-H. The presence of these non-conforming STAFF REPORT - CPA 92-0005/ZON 92-0003 - FINL!`UNDIA/TARKIANEN. - Page 9 - r residential uses within an existing industrial area should not inhibit designation of additional area with an industrial Plan designation. Additionally, SW 72nd Avenue is a wide collector street which separates the subject e o from twee non-conforming residential uses such that the street should provide an adequate separation from any future industrial development on the subject site and these residences. b.2. The subject property fronts on SW 72nd Avenue which is classified as a major collector street. SW 72nd Avenue connects with Highway 217 to the north and with I-5 to the east via Upper and Lower Boones Ferry Roads and via Bonita and Bangy Roads in ways that industrial traffic from the subject site would not be channeled through residential neighborhoods. c. The only use currently contemplated to be developed on the subject property is an expansion of Finlandia Sauna. The proposed Plan Amendment and rezoning would provide for this expansion as well as future expansions of Finlandia Sauna and Sandvik Steel. The applicant apparently feels that the site is of an adequate size and shape to provide for the short and long range needs for the contemplated uses. d. The subject property has an average grade of approximately 12 percent, which is greater than the maximum average grade for Light Industrial land recommended by the locational standard. However, this grade should not create significant development limitations nor limit the provision of services to any potential development because site grading can readily provide building pads and parking/circulation areas which would be less than the current 12 percent slope. e. The contemplated expansion of Finlandia Sauna would be within an enclosed building with no interference with the activities and uses on surrounding properties. With the subject site being separated from other surroune.ing a, - uoco vcr:-.7 7.1�.nd Avenue or the change :n grade to the north and northeast, it is very unlikely that future expansions ornewuses of the property would interfere with the activities and uses of surrounding properties. As described above, the subject site is well separated from residential development that might be expected to be most sensitive to the sorts of external effects from industrial development listed in this locational criterion. STAFF REPORT - CPA 92-0005/ZON 92-0003 - FINLhNDIA/TARRIANEN. - Page 10 i f. This analysis above shows that all other applicable Plan policies can be met as a result of the proposed changes. Evidence of CH`a+nra or_ Mistake in Current Designation (Polices 3 .1.2 and Code Section i8.22 0=Q t 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. g Alternatively, the City must find that there was a mistake or 3 inconsistency with regard to the designation of the parcel (Comprehensive Plan, Volume II, Policy 1.1.2, Implementation Strategy Two; Community Development Code, Section 18.22.040.a) . The applicant's statement asserts that tax lots 700 and 1400 are: . an island of Commercial Professional zoning in a ace of Ind':str�al ��.::�ng. One additional -areal to the northwest of the subject project (Key Bank service center site) is also included within the island. The . commercial professional parcels are the only non- industrial rci p industrial parcels south of Sw Sandburg Street. A parcel on the southeast corner of SW Sandburg Street and SW 72nd Avenue was changed from C-P to I-P in late 1990 (CPA 90-0008 I-Zone 90-0008) to create the current island of C-P. The 1990 zone change and plan amendment shows evidence of a change in the vicinity. Another change occurred in 1985 (CPA 5-85) when seven parcels fronting on S.W. Sandburg Street were also changed from C-P to I-P. The past changes, of parcels in the vicinity of the subject property, from C-P to I-P reflect a change in the area from commercial uses to industrial uses. This is partly the result of the need of most businesses allowed within the C-P zone to have superior access and parking requirements than industrial uses. ..." Staff concurs with the applicant that prior redesignation in the area constitute a change in circumstances affecting tax lots 700 and 1400 that supports the applicant's assertion that these properties would be more suitably designated Light L Industrial and I- than the current Commercial Professional ed to these sites. applied and C-P designations pp g STAFF REPORT - CPA 92-0005/ZON 92-0003 - FINLANDIA/TARKIANEN. - Page 11 Code Chanter 18.7Q ( -L zonincz district1 nChapter 18.70 (Light Industrial zoning district) of the Tigard Community Development Code contains the following purpose statement applicable to this requests 18.70.010 Purpose A. The purpose of the I-L zoning district is to: 1. Provide appropriate locations for gancral industrial use including light manufacturing and related activities with few, if any, nuisance characteristics such as noise, glare, and smoke; 2. To permit manufacturing, processing, assembling, packaging or treatment of products from previously prepared materials; and 3. To prohibit residential use and limit commercial use. i The applicant has addressed this purpose statement in the applicant's statement included with the application. Staff concurs with the applicant's assessment of the consistency between the proposed redesignation and this purpose statement. Existing and contemplated site improvements should be able to accommodate a variety of industrial uses that would be consistent with the use and dimensional standards applicable to the zone. The proposed redesignation and zone change would allow an appropriate location for general industrial activity. The existing Finlandia Sauna business, which desires to expand, does not generate any apparent nuisance characteristics such as noise, glare or smoke. Any expansion of this use or development of new uses for the site would be required to abide by the Code restrictions intended to limit such characteristics on Light Industrial property. The existing Finlandia Sauna and Sandvik Steel businesses manufacture products from previously prepared material or warehouse previously prepared products. No residential use or commercial use currently exist on the subject property nor are contemplated. The site and surrounding area is nonresidential in character. The applicant's statement has also detailed the use, dimension, and development standards of the I-L zoning district in order to demonstrate that the requested redesignation will not create non-conforming situations and that the existing development on tax lot 900 is in conformance with the applicable standards of the zone. Staff concurs with STAFF REPORT CPA 92-0005/ZON 92-0903 - FINL.MDIA/TARRIANEN. - Page 12 i the applicants conclusion that the parcels involved in this request and the 8xisting building on tax lot 900 are consistent with the minimum lot size, minimum building setbacks, site coverage, and building height requirements of the I-L zoning district. Any future redevelopment of the site would need to be fully consistent with the use and dimensional standards of the I-L zoning district. D. RECOMMENDATION The Planning Division recommends that the Planning Commission forward a recommendation to the City Council for-approval of Comprehensive Plan Amendment 92-0005 and Zone Change ZON 92- 0003 based upon the foregoing findings. E t I i 1 b STAFF REPORT - CPA 52-0005/ZON 92-0003 - FINLANDIA/TARRIANEN. - o - Page 13 NEIGHBORHOOD PLANNING ORGANIZATION #5 SRPTRMBER 16, 1992 The regular monthly meeting of NPO #5 began at 7:30 as a joint meeting with NPO #6 as an awareness of what is happening in the Triangle. In attendance were Craig Hopkins, Orm Doty, Joan Pasley and Sharon Takahashi. After the joint meeting, we proceeded to deal with our regular agenda at 8.55 p.m. The minutes of the previous meeting were approved as read. Agenda items: 1. MLP 92-0007 - Four D Construction/Knoll Drive Corp. We had no objection or issue to contend with on this action. . CPA - ZON 92--0001--- OTAK, Inc: Tar laninen Anolicant request Comp Pian ana zone ange approval to allow redesignation of 4.04 acre site from Heavy ynciubi. &1 ar;u . • - professional commercial to Light Industrial, and a Zone Change from I-H and C-P to I-L (Light industrial) at 14010 SW 72nd Ave. With regard to item 12, Plan Policy 8.1.3. (e), we feel that no additional curb cuts should be allowed. 3. Final Decision: 1Rrnn OW Up and Rnni �• No changes; approved as - YVvv �.. ...���, Se d. Other busi,,. ss: 1. Valerie Jo n has stated that she individu is open to feedback on bray. arming and sharing of as when our group wishes to get togeth 2. Washington County block g is o meeting schedule includes September 29 at Senior Center September 30 at Public Services building. 3. Community Police Advi y Committee ha en featured in the Cit:yScape with its eighborhood Watch progr and its dial in operation whic llows citizens to get the pulse what's happening ' the city.` Input is needed from citizen specif' needs and improvement of quality,, etc. Wit no further business, we adjourned at 9:45 p.m. R pectfully submitted 0 Sharon TakahZsi?i�,�Secre RECEIVED PlAt1 NG OCT l X 1992 STAFF RIE7PO RT RITAC.k1 MeW T OMe i S. W. 72ND AVENUE Ra'w-",UL7W iii Comprehensive Plan. Amendment and Zone Change Prepared for: Reino and Marilyn Tarkiainen and Key Bankof Oregon Frepured by: OTAK, INC. 17355 S.W. $oones Ferry Road Lake Oswego, Oregon 97035 (503) 635-3618 G4ISIT a 4 Cw 72ND AVENUEI"IyAN AMElYD:VIENTiZONE CHANGE OWNER: REINO &MARILYN TARKIAINEN 20895 SW LEBEAU ROAD SHERWOOD, OR 97140 KEY BANK OF OREGON FORMERLY KNOWN AS PACIFIC WESTERN BAND 1211 SW 5TH AVENUE #400 PORTLAND, OR 97204 PLANNER: OTAK,INC. ' ; 17355 SW BOONES FERRY ROAD LAKE OSWEGO, OR 97035 635-3618 CONTACT PERSON: DAVID BANTZ/JOE DILLS DESCRIPTION: SECTION 2S 11 DD TAX LOTS PROPERTY nnnION E("T o_ nnn m S2S1 /VV cooVV 1'1rVL SE("TION 1DC TAX LOT 4100 AILEA: 4.04 ACRES CHANGES COMPREHENSIVE PLAN REQUEST: DESIGNATION FROM IiEAVY,INDUSTRIAL AND COMMERCIAL PROFESSIONAL TO LIGHT INDUSTRIAL AND THE CORRESPONDING ZONING FROM I-H AND C-P TO I-L. i y i STATEMENT OF INTENT The intent of this request is to change the Comprehensive Plan designation on the subject properties from the current Heavy Industrial and Commercial Professional to Light Industrial and the corresponding zoning from I-H and C-P to I-I.. Of the 4.04 acre site, .66 acres are currently designated Heavy Industrial and zoned I-H with the remaining 3.38 acres designated Commercial Professional and zoned C-P. The .66-acre parcel currently is occupied by Finlandia Sauna Products and Sandvik Steel, Inc., in a 11,000 square foot building. The remaining 3.38 acres is undeveloped with the exception of a driveway which provides an access from an adjacent parcel to SW 72nd Avenue. The proposed plan amendment and zone change will allow Finlandia Sauna ProduetR to expand Aq well vYYiy":gi i Industrial designation to the adjacent vacant areas so that future development is compatible with the existing land use pattern. Finlandia's need to expand is immediate. The existing facility lacks adequate space for manufacturing, storage, and employee parking. f - ,.«mW Y. _. �"'� � � 4✓ uu•R saff""hMEN T�{s-rI i �iq i. It f 1 ! t vl•4 = Ns 3,p, CT _ fM STL NE.NA SI F(f�y 51 z �I 7 iR x fR Y N AYSTAL ty� CRYSTAL NAY MAYO Si �tut z ppl C A( 0"S� CRIES D CAfSTM90 S EYE LOB M j- w+ Q� y r^P C $W AlOEX AItlEN !t ^y� rt t,r C• s'•rseuWl WAR OLD YAPI � �. 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IN 0 TA PID _..9 HidvCr:r, 1<�. ✓ .c. y I.YE2$b^ CT x x < aJ BAOOKPAAKNIII�> f KIMS < COI2OLA.S WA S lY URODCx o �IMUP X ST 7UAYA. RD % `G { p WI N m LJ aRFR' EIpI r, z ANtNA Cl SNEAK$PEAPE MARI s CT tfSll '+ AFR t �I sW VONTE +w _ ¢p%R+I C WHW r ROSS ST e C Vrtf . O _ t ( SEA1UEr W OMSIDt IF zi F R r4fH( M'—,9At1lfE 1p T �� \� I DAXRIDGf QT' sem. N J J 9 KABLE L \ 'C✓ * I t• OR V s 6)< VNSEt s "'v�'JSEN A TFq,P pA. 3 rY HAuI£T Sr 7ii-will •;r_. � TICyI�Aq� L CT N c� , ✓ t lw p � ,,.� tib' T yr iR 3 '< < �vPf' � OAK1'd(i jO E L U(IP we OOKM �>T • • (.1>T <•aa�pTeeSR � 9�i '!') 3\��J CIS T ' '�� CMAPfIAM wR,r TDVAL -I-SA�S G. yal�•L�++� --� � CL� y o AO COBS WAY A \ ROSE 3 Rf,E`., 'y" ' s \ ` y' `-,o = YNLDWDOq �VU z AlA DA L I It.v N BRAD URY 0 WILLOW < HAVE E t� WITXT RIVEN AADLAY r0 IurclFs sr .URptNS LX CY 'NINOLE DEL P •xOUE Cl 4 W r =wwle C 8 p fU RIDas p` .. wI``CW gp7 O. AD�NA(J s I y G'TON w�Y SMS . C I r aj D u rh a C OAKEN M:fLD TREE $ r�ErAUl. a f� Cy wltOfR %EkNY 'tUA TA IN t�I �� cJ Et, fIf E R%!F w^I c1 "_ tf•^AT.�Rur,n { Ott r(IYIkP.D( I Icz � r� f 1 #j r a _ 1 n F m � Oap rlj R eP t11 J (� W rL Z y O = cr U Z Q 1. N F— y1 � cw � n a z i w g Lj a Z N � CN � s LLJ x • t APPROVAL CRITERIA Tigard's Community Development Code provides criteria for approval of Plan Map/Zoning amendments. The applicable criteria are discussed below: 3 A. COMPREHENSIVE PLAN POLICIES l 1) PLAN POLICY 2.1.1 The City shall maintsYr _^_orgru.g uAizen program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. RESPONSE: The subject properties are located within NPO 5 which has been made aware of the proposal. Notice of the public hearings before the Planning Commission and City Council will also be given to surrounding property owners. 2) PLAN POLICY 3.1.1 The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a speck site plan will make the area suitable for the proposed development. (Note: This policy does not apply to lands designated as significant wetlands on the floodplain and wetlands map.): a. Areas meetings the definition of wetlands under Chapter 18.26 of the community development code; b. Areas having a severe soil erosion potential, C. Areas subject to slumping, earth slides or movement; d. Areas having slopes in excess of 25%, or E e. Areas having severe weak foundation soils RESPONSE: The subject property has no wetlands, severe soil erosion,potential slopes exceeding 25% and does not appear to contain severe weak foundation soils or be subject to slumping, earth slides or movement. This conclusion is supported by the fact that the area in the vicinity of the subject property is almost entirely developed with no evidence of development limitations. 3) PLAN POLICY 4.2.1 All Development within the Tigard Urban Planning Area shall comply with applicable federal, state,and regional water quality standards. RESPONSE: This policy can be satisfied through the development review and building permit process. The proposed redesignation and rezone will not affect compliance with this PlEn Policy. 4) PLAN POLICY 4.3.1 The City shall: a. Require development proposals located in a noise congested area or a use which creates noise in excess of the applicable standards to incorporate the following in the site plan: 1. Building placement on the site in an area where the noise levels WM have a minimal impact; or 2. Landscaping and other techniques to lessen noise impacts to levels compatible with the surrounding lanai uses. b. Coordinate with DEQ in its noise regulation program and apply the DEQ land use compatibility program. C. Where applicable require a statement from the Appropriate agency (prior to the approval of a land use proposal) that all applicable standards can be met. RESPONSE: The subject property is not located within a noise congested area. The only use which is currently being considered for the subject property is an expansion of Finlandia Sauna which would occur within a building and will not create noise in excess of the applicable standards. 5) PLAN POLICY 5.1.1 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. RESPONSE: Approval of the requested plan amendment and zone change will allow Finlandia Sauna to expand their business at their present location. Without the approval, they would not be able to expand and would relocate. The expansion would provide approximately 8000 square feet of floor area and 10 additional parking spaces. 6) PLAN POLICY 5.1.5 The City shall ensure that new commercial and industrial development shall not encroach into residenti—al areas that have not been designated for commercial or industrial uses. RESPONSE: Approval of the requested plan amendment and zone change will not result in new commercial or industrial development encroaching into residential areas. 7) PLAN POLICY 7.1.2 The City ahall require as a precondition to development approval that: a. Development coincide with the availability of adequate service capacity including; 3 1. Public water; 2. Public sewer shall be requimd for new development within the City unless the property involved is over 300 feet from a sewer Zine and Washington County Health Department approval for a private disposal system is obtained;and 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. RESPONSE: This play is satisfied as all necessary public services are available to the subject property at an adequate capacity. Also, all new service extensions brought in to the subject property will be placed underground. 8) PlAb,P€ T.1C.Y: 7:2.1 The City shall require as a precondition to development that: �] • site development J p a. ®siYc acv...- merit stud be submitted for development in areas subject to poor drainage, ground instaioil y or lLood�ing 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 drahwe solutions can solve on-site drainage problems and will assure no adverse off-site impacts; r; C. All drainage can uC hnnau«u on-niYc yr YLGiG l0 an aaYeiva..i v"v solution which will not increase the off-site impact; d. The 100-year floodplain elevation as established by the 1951 flood insurance study conducted by the U.S.Army Corps of Engineers be protected; and e. Erosion control techniques be included as part of the site development plan. RESPONSE: There is no evidence that poor drainage, ground instability or flooding are or will be present on the subject property. No natural drainage ways exist on the property. Erosion control techniques will be included as part of any development activity. I 9) PLAN POLICY 7.4.4 The City shall require that all new development be c,7nnected to an approved sanitary sewerage system. RESPONSE: All new development on the subject property will be connected to an approved sanitary sewerage system. 10) PIAN POLICY 7.6.1 The City shall require as a precondition to development tit: 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 a level adequate for fire protection purposes; and C. The applicable fire district review all applications. RESPONSE: Any and all development of the subject property can be served by a waste system having adequate water pressure for protection purposes. It is not anticipated that nay future use of the subject property would cause water pressure to be reduced below a level adequate for fire protection purposes. I'k 11) PLAN 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 development. RESPONSE: S.W. 72nd Avenue, which abuts the subject property is designated as a Major iollectar. The City of Tigard requires Mayor Collectors to have 60-foot right-of-ways. The right-of-way adjacent to the subject property is 60 feet and is fully developed with the exception of sidewalks. Approval of the requested plan amendment and zone change should not result in SW 72nd Avenue becoming unsafe or efficient. The following comparison shows that Site generated tragic should be about 50 percent less than that allowed by the current commercial professional zoning. Commercial Professional - 13.92 trips per 1000 square feet of gross building area -2.0 trips per 1000 square feet at a.m. peak hours 1.97 trips per 1000 square feet at p.m. peak hours Light Industrial - 6.97 trips per 1000 square feet of grasp- building raspbuilding area y .96 trips per 1000 square feet at a.m. peak fhours - 1.04 trips per 1000 square feet at p.m. peak hours 12) PLAN POLICY 8.1.3 The City shall require as a precondition 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 dedicated where the street is substandard in VVIldth; C. The developer commit to the construction of the streets, curbs and sidewalks to City standards within the development; d. Industrial developers participate in the improvement of existing streets, curbs and sidewalks to the extent of the development's impacts; C. Street improvements be made and street signs or signals be provided when the development e found to create or intensify a traffic io�....._ hazard; kbf. Transit stops, bus turnout lanes and shelters be provided when the proposed use of a type which generates transit ridership; RESPONSE: The subject properties abut S.W. 72nd Avenue which is a dedicated public street with sufficient right-of-way. It is unlikely that any new streets will be developed within the subject property. Sidewalks will be constructed within the existing right-of-way as development occurs. TriMet line 38 (Boones Pe-,Road line) serves the property within SW 72nd Avenue. 13) PLAN POLICY 12.2.1 The City shall: a. Provide for commercial development based on the type of use, its size and required trade area. b. Apply all applicable plan policies. c. Apply the appropriate locational criteria applicable to the scale of the project. 14) PLAN VOLICY 12.3.1 The City shall require that: _. a. Site for Heavy Industrial Development shall be: (1) Separated by topography established buffers, transportation or other nonresidential land uses from residentially developed areas. (2) Located in areas having rail service, arterial or major collector access. RESPONSE: The .66 acre parcel currently designated as heavy industrial is "land-locked." Its access to SW 72nd Avenue is via an easement across an adjacent parcel occupied by POWER RENTS. Approval of the requested plan amendment and zone change will allow the business occupying the land-locked parcel to a-pard onto one of the other lots which is part of this request and thus obtaining frontage onto SW 72nd Avenue. 15) PLAN POLICY 12.3.1 b. Sites for Light Industrial development shall be: (1) Buffered from residential areas to assure that privacy and the residential character of the area are preserved. h_� t (2) Located on an arterial OP collector3trcee.and that?iiisua�auil traffic shall not be changed through residential areas. C. The site shall be of a size and shape which will provide for the short and long-range needs of the use. d. The land intended for development shall have an average site Ole 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. e. It shall be demonstrated that associated lights,noise and other external effects will not interfere with the activities and uses on surrounding properties. f. All other applicable plan policies can be met. RESPONSE: bl. There are no residential areas in the vicinity of the subject properties. b2. The subject property fronts on SW 72nd Avenue which is classified as a Major Collector. Locational Criteria (1) Spacing and Location (a) The Comprehensive flan map fixes exact boundaries of the commercial professional area. (b) The commercial professional area is not surrounded by residential districts on more than two sides. (2) Access (a) The proposed use 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, tine speed limit, numoer of turning movements and the traffic generating characteristics of the various types of uses. (3) Site Characteristics (a) The site shall be of a size which can accommodate present and projected needs. (b) The site shall have liigh ' (4) Impact Assessment (a) The site configuration and characteristics shall be such that the privacy of adjacent noncommercial uses can be maintained. (b) It shall be possible to incorporate the unique site features into the site design and development plan. (c) The associated lights, noise and activities shall not interfere with adjoining nonresidential uses. RESPONSE: That portion of the subject property currently designated as commercial professional meetsthe spacing and location criteria as well as the site characteristics criteria. However, the commercial professio::zkl portion of the property may have difficulty meeting the access criteria as any access would have to be along the sloped frontage between the two curves in SW 72nd Avenue. The traffic generating characteristics of potential commercial professional uses could create traffic congestion or safety problems associated with an access in this location. In addition, the site's close proximity to Heavy Industrial zoned property could create a negative impact due to associated lights, noise and outdoor activities. Therefore, the proposed light h ( industrial designation is more appropriate than the existing commercial professional designation. .r The only use currently proposed on the subject (� ,! property is an expansion of Finlandia Sauna. The proposal will provide for this expansion as well as future expansions of Finlandia Sauna and Sanduik Steel. ' d. The subject property has an average grade of approximately 12 percent. This does not create any development limitations nor limit the provisions of services to any potential development because site grading can readily provide building pads and parkinglcirculation areas which are less than 12 percent slope. e. The proposed expansion of Finlandia Sauna will be within an enclosed building with no interference with the activities and uses on surrounding properties. With the subject site being separated from other surrounding uses by SW 72nd Avenue or a change in grade, it is very unlikely that future expansions or new uses of the property would interfere with the activities and uses of surrQ"ndinv nrnnnr}ina d f. This application demonstrates that all other applicable plan policies can be met as a result of the proposed changes. i 1 B. STATRWIDE PLANNING GOALS 1) Goal#1 - Citizen Involvement RESPONSE: This goal is satisfied because the City has adopted a citizen involvement program including review of all land use and development applications by neighborhood planning organizations (NOPs). In addition,public notice requirements related to this application will be satisfied. 2) Goal#2 -]Land Use Planning RESPONSE: :.al is saiisi'Zed because the Cis '» fl„„�,.... �- n�-. s City ••---apply 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 RESPONSE: This goal is.satisfied because the proposed redesignation will increase the City's inventory of developable, Light Industrial land on property well suited for Industrial usage and will allow an existing business to expand without having to move to another location. 4) Goal#12 -Tmusportation RESPONSE: This goal is satisfied because the proposed I-L designation i P p gn$t10II will not II1C�P_Afle pnr}w�,atiai sit generated traffic, as documented by a traffic comparison in a preceding section. 1 l ff C. CODE STANDARDS l' Section 18.70 of the City of Tigard Community Development Code contains applicable provisions associated with this requests: the following 18.70.010 Purpose A. The purpose of the I-L zoning is to: 1. Provide appropriate locations for general industrial use including --® light manufacturing and related activities with few, if any, nuisance characteristics such as noise,glare, and smoke; 2. To permit manufacturing,processing, assembling. paned,G treatment of produetg a;,m previously Prepared materials; and 3. To prohibit residential n•e and limit commercial use. RESPONSE: The proposed redesignation and zone change will allow an appropriate location for general industrial activity. The existing business which desires to expand does not generate an nuisance characteristics such as noise, glare or smoke. Any expansion or new uses for the property will abide by the same restriction. The existing businesses manufacture products from previously prepared material. No residential use or light commercial use currently exist on the subject property nor are contemplated. 18.70.030 Permitted Uses A. Permitted uses in the I-L district are as follows: 3.. Industrial use types: ! r.. Manufacturing of finished products; b. Packaging and processing, and C. wholesale, storage, and distribution: (i) Miniwarehouse, and (ii) Light RESPONSE: The existing uses of the subject property include a manufacturer of finished products and a distributor. Neither use will be nonconforming as a result of this proposal. 18.70.050 Dimensional Requirements A. Dimensional requirements in the I-L district are as follows: j' 1. There are no minimum lot area requirements; `�.. 2. The average minimum lot width shall be 50 feet; 3. Except as otherwise provided in Chapter 18.96, Additional'Yard Setback Requirements and Exceptions, and Section 18.100.130, Buffer Matrix, the minimum setback requirements are as follows: a) The front yard setback shall be 30 feet; b) On corner lots and through lots the setback shall be 20 feet on any side facing a street; however, the provisions of Chapter 18.102 must be satisfied;- c) atisfied;c) No side yard setback shall be required except 50 feet shall be required where the I-L zone abuts a residential zoning district; d) No rear year setback shall be required except 50 feet shall be required where the I-L zone abuts a residential zoning district, and e) All building separations must meet all Uniform Building Code requirements; 9. Except as otherwise provided in Chapter 18.98, no building in the I- L zoning district shall exceed 45 feet in height. 5. The maximum site coverage shall be 85 percent including buildings and impervious surfaces; and 6. The minimum landscaping requirement shall be 15 percent. RESPONSE: All of the above-dimensional requirements are met by the existing structure on the subject property. i D. EVIDENCE OF A CHANGE IN THE NEIGHBORHOOD �. The subject properties currently create an island of commercial professional zoning in a sea of Industrial zoning. One additional parcel to the northwest of the subject project is also included within the island. The commercial professional parcels are the only nonindustrial parcels south of SW Sandburg Street. A parcel on the southeast corner of SW Sandburg Street and SW 72nd Avenue was changed from C- { P to I-P in late 1990 (CPA 90-0008 I-Zone 90-0008)to create the current island of C- P. The 1990 zone change and plan amendment shows evidence of a change in the I vicinity. Another change occurred in 1985 (CPA 5-85)when seven parcels fronting on S.W.Sandburg Street were also changed from C-P to I-P. ne pasi changes, of parcels in the vicinity of the subject property, from C-P to I-P reflect a change in the area from commercial uses to industrial uses. This is partly the result of the need of most businesses allowed within the C-P zone to have superior access and parking requirements than industrial uses and the access limitations found on the subject property. 1 E 15 4r� i PARKWAY RN SIK 4 YAS ST. .Mt VARN9 9T. L'��T� I � r 14 1 \ = 1 \ \ I )R. S.W. 40BUROLl 114� ,P FA e 1 > S.W. TECH CENTER DRIVE IZ '• SW a,ANDNAXIC LN. VY 1. i W Y YER S.W. I - A _ LJ PF L?PO5Eb PLAjJ Lia U5E MAP �Y s I A [Et� D p€ } _ P c- - ay.Durr OL J ® d p v. y, sry Sv, C®P { /--H O--H o I � i R PiORTp; PROPOSED ZONING