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Ordinance No. 94-20A y _ , CITY OF TIGA.RD, OREGON ORDINANCE NO. 94-c A AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 94- 03, Burghardt) AND DECLARING AN EFFECTIVE DATE. WHEREAS, The City Council held a public hearing on September <7, 1994, to consider initiating annexation and to consider land use and zoning designation for one parcel east of Hall blvd. and south of Spruce Street; and VdEREAS, on September 27, 1994, the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the land use and zoning district designation recommended by the planning staff as; set forth in the attached staff report and in Section 1 below is that which most closely conforms to the Washington County zoning designation. THE CITY OF TIGARD ORDAIN€ AS FOLLOWS: Section 1: Upon annexation, the subject properties shall be designated as follows lax Man/Lot Number Current Zonine New Zoning ISI 35AD lot 2900 Wash. Co. R-15 Tigard R-12 Current Land Use New Land Use Wash. Co. R-15 Medium Density Residential Section 2: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By MaOitiouO vote of all Council members present after being read by number and title only, this day of .y Catherine Wheatley, Cit ecorder APPROVED: This � — --- da; oaf---G� ,�Pi 19 4. „a chwartz, Mayor Approved as to form: City Attorii nate EKNIBIT •AN Mr.: OF TIGARD CITY COUNCIL FINAL ORDSR A FINAL OR1DNR INCLUDING BINDINGS MM CONCLUSIONS WITH REGARD TO AN APVMCATION FOR A COMPRNR=OM PLAN At3R MMSHT AND ZONN CHANGE AN'PLICATIONS REQUNS°ARD BY THE NIK3trS CNNTSR ABSOCIATES. The Tigard City Council reviewed the application below at a public hearing an September 27, 1994. The City Council approves the request. The Council has based its decision on the facts, findings and conclusions noted below. A. FACTS 1. General information CASE: Comprehensive Plan Amendment CPA 94-0004 Zone Change ZON 94-0006 REQUEST: A request for approval of a Comprehensive Plan Amendment from I-L (Light Industrial) to C-G (General Commercial) and a Zone Change reauest from I-P (Industrial Park) to C-G (General Commercial) . APPLICANT Nimbus Center Associates oil NW 19th, Suite 102 Portland, OR 97209 OWNERS: same REPRESENTATIv6: Richard Allen Ball, Jarick aid Novack One gain Place 101 SIF Main Street, Suite 1100 Portland, OR 97204-3274 LOCATIJN: 101.15 Nimbus Avenue (WCTM 1S1 34AA, tax lot 1900) The site is located at the southwest corner of SW Scholls Ferry Road and SW Nimbus Avenue within the Koll Business Center. 2. 3Fi.cinity Information The subject site is 2.43 acres in .eine and is located or, the southwest cornea of SW Scholls Ferry Road and Nimbus Avenue within the Koll Business Center. SW Nimbus Avenue is a local street serving the Koll Business Center 'which consists of approximately 50 acres adjoining Fanno Creek ccsth of SW Scholls Ferry Road west of the 217 State Highway. Fanno Creek borders the entire business Center to the west. Areas to the north of SW Scholls Ferry Road are within the City of Beaverton and are developed with a mixture of commercial and business r� rk uses. Properties to the east and south are zoned Planned Industrial and are a part of the Koll Business Center, 3. Background Information The first phase of the Koll Business Center consisted of four industrial tenant buildings constructed in 1979. In 1984, Sensitive Lands Permit 5- Aft was approved to allow reconstruction of Nimbus Avenue within a portion of the 100-year flood plain, in return other areas were excavated to maintain the existing flood plain elevation. Reconstruction of the road FINAL ORDER CPA 94-0004/ZON 44-0006 Nimbus Center Associates PAGE 1 permitted further development of the Koll Business Center. The subject ` property was developed in 1986. On August 22, 1994 the Planning Commission conducted a Public Bearing concerning this rracmest and recommended that the City Council approve this application subject to the findings within this report. 4. §Jtg XpfgMtion and ?roposal Dpsgri do The site is a single parcel within the Koll Business Center: which was developed with in line tenant suites and a Burger King Restaurant. The property owner has proposed to redesignate the Comprehensive Plan and Zoning District Map from its current Light Industrial and Planned Industrial Comprehensive Plan Map and Zoning District Map designations to General Commercial. Under the sites current Planned Industrial zoning designation a limited number of basic retail uses are allowed. The applicant has requested this land use amendment because the limited number of commercial uses permitted under the Planned Industrial Designation has limited the range of tenants which are permitted to lease suites at the site. The subject property is highly visible to motorists and pedestrians traveling on SW vcholls Ferry Road. The applicant states that due to the site's visibility the center has historically drawn many of its customers from the area at large rather than primarily from industrial tenants within the Koll Business Center. 5. Aarengv Commer.ts The Engineering Division has reviewed the proposal and provided the following comments: The applicants have submitted a statement in support of their request for the;map amendment and rezone that indicates the traffic generated by the change in uses allowed under the general commercial zone will not be greater that those allowed by the industrial zone. In the statement, they note that the existing parking spaces in the center exceed the number required by the proposed zone change_ The existing site takes access from SW Nimbus Avenue from a driveway located a sufficient distance from the intersection of SW Scrolls Ferry Zcad that provides minimum conflicts with the traffic at the signalized intersection of SW S&olls Perry Road and SW limbus Avenue. Since no new construction is proposed, we concur that any change to the traffic impacts of the project will be minimal. in addition, no substantial impacts are likely on the City utility systems. Therefore, we have no objectic,ns to the proposed zone change. 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 Comprehensive Plan Policies 1.1.2, 2.1.1, 5.1.4, 8.1.1, and 12.2.2 and Community Development Code Sections 16.22, 18.32 and 18.62. FINAL ORDER CPA 94-0004/ZON 94-0006 Nimbus Center Associates PAGE 2 section 18.22,1140 oats forth the standards and procedures for amendments to the Zoning Map which have been reviewed as follows: A recommadation 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 Celan policies and map designation and; the change will not adversely affect the health, safety and welfare of the community; The following are the applicable Comprehensive Plan Policies related to this request and how the application addresses each criteria is reviewed following each policy. Plan Policy 1.1.2 requires that in order to appro.re a quasi-judicial amendment to the Plan, the City must find twat the change is consistent with applicable plan policies, that a change of physical circumstaneea has occurred since the original designation, or there is evidence of a change in the neighborhood or community which affects the subject parcels. Alternatively, the City must find that a mistake was made in the original designation] Along with development of the Kofi Business Center, the larger Tigard and Beaverton Area has experienced significant growth. The remaining properties within the Nimbus Center have been developed since 1979 with a mixture of light industrial uses. Due to its location the subject property will continue to serve customers from a wider area than the Koll Business Center. By permitting the site to be rezoned, a greater range of commercial uses and services would be permitted. These services are expected to be used by both citizens of the area at large and tenants of the Koll Business Center. The primary reasons for this amendment relate to how the present zoning of the property limits the types of commercialuses which can locate at the site. The Planned Industrial zone contains restrictions which relate to a "development complex" which is a group of buildings which are developed on a single parcel. This restriction limits several of the major commercial uses to up Lo 20%; of the total building square footage of a development complex for uses such as General Retail Sales, Convenience Sales, Eating and Drinking Eastablishments etcetera. The applicant states that this limits the types of commercial uses which can take place at the site and has put this commercially developed site in directs competition with the Nimbus industrial Park for industrial tenants which are often not suited to locate within a' suite in a commercial center. The amendment is justified based on the existing general commercial type improvements developed over the entire site Development Code restrictions presently limit the commercial uses which can be provided at this site and has restricted fully leasing the site for commercial uses. Because of its location the adjoining areas have changed. The Koll Buisness Center has been built out with approximately one million square feet leaseable space. This change has placed the center increasingly at a disadvantage in terms of attracting industrial tenants. The adjoining industrial park area has been developed specifically to serve the facility requirements of industrial users whereas the subject site has been developed for commercial uses. Plan Policy 2,1.1 states that the City shall maintain an -ongoing citizen involvement program and shall assure that citizens will be FINAL, ORDER CPA 94-0004/ZON 94-0006 Nimbus Center Ase.ociates PAGE 3 provided an opportunity to be involved in all phases of the planning process, The applicant provided notice of and conducted a meeting for interested property owners within a 250 foot radius of the affected property. The CIT representative for this area was also notified of the neighborhood meeting. Notice is being provided of the Planning Commission and City Council Public Hearings for this proposal. The site was also posted with a sign indicating the type of land use amendment proposed for this site. Plan Policy 5.1.4 states that the City shall ensure that new commercial and industrial development shall not encroach into residential arias that have not been designated for commercial uses. This policy is satisfied because the subject property is not presently zoned for residential use. Plan Policy 8.1.1 states that the City shall plan for a safe and effl4cient street and roadway system that meets current needs and anticipated future growth and development. This policy is satisfied because this property has frontage on SW Scholls Ferry Road (State Highway 210) designated an Artei:it St'r'at on the City of Tigard Comprehensive Transportation Plan Map. The existing roadway pattern is expected to accommodate the minor increase in traffic volume resulting from an approval of a zone change on this site. Plans Policy 12.2.2 provides the locational criteria for General C arcial zon-1mg. he applicable loCational criteria specified in Chapter 12 of the Comprehensive Plan aro the following; Spacing and locational criteria require that the commercial area shall not be surrounded by residential districts on mor® than two qP sides. This site is within a heavily developed light in&�-,trial area. The site is buffered from existing residential uses to the west by FaiLno Creep. The acale of the project shall be compatible with the surrounding uses. The site was developed with an linear brick ,single story building with leaseable suites. A single story brick Burger King restaurant wca also developed towards the atreet corner of the property. Through the site development process this structure was found to be compatible with the design of adjoining existing axd planned development within the area. No revisions to the site are anticipated as a result of this amendment. Any future changes will also be reviewed for compatibility with surrounding uses. Site aceeas criteria require: 1) 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; acid 3) public transportation shall be available to the site. The approval of this app— cation is not expected to result in traffic congestion or traffic safety problems. The existing commercial center is used for 'a limited range General Comu:arcial type uses presently. An increase in traffic volumes due to expanded commercial services is expected but at the time the site was developed all street improvements serving the site were developed in anticipation of site improvements within the entire Kolb Business Center being leased for industrial Pavk uses which generate sifilar traffic impacts. Allowing a wider range of commercial uses at this site will not create traffic congestion or safety problem for the larger area. Due to the design of the existing buildings on the site and the potential types of commercial uses that could utilize the site improvements; direct added impacts to adjoining street's as ,a result FISvAL ORDER CPA 94-0004/ZON 94-0006 Wimbas Center Associates PAGE 4 of this land use amendment is minimal. Direct site access is presently provided to SW Nimbus Avenue. No new driveway access is proposed with this application. Transit service is available to the site from SW 8cholls Ferry Road. Future site modifications to the property will be reviewed through the site development review process for any additional impacts to the street system. Locational criteria also requires that the site be of a size which can accommodate projected uses and that the site possess high visibility. This criterion is satisfied for the 2.43 acre site. The existilg site improvements accommodate a variety of uses permitted within the General Commercial Zoning District. This site is also highly visible from adjoining roadways. Impact Assessment is determined by addressing the following criteria: 1) the scale of the project shall be compatible with the surrounding uses; 1) the site configurations shall bo 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 plans and 4) the associated lights, noise and activities shall not interfere with adjoining non-commercial uses. ,This policy is satisfied because the impact to surrounding land uses is expected to be negligible. The scale of the present development on this site was previously determined to be compatible with the surrounding uses. Feature modifications to the Rite improvements will also be reviewed for compatibility with adjoining land uses. Section 18.32 sets forth the procedural requ-rements for review of Quasi- Judicial Plan Amendments. Subsection 18.32.090 (D) and (E) set forth the review requirements for Quasi-judicial Plan Amendments. This section requires that the Planning Commission review proposed amendments and provide a recommendation for action to the City Council. The application has been processed in accordance with the :requirements of the Community Development Code. Section 18.62 sets forty, the development standards for property within the General Commercial. Zoning District. The subject site meets 'these requirements because the parcel average width is greater than 50 feet. The existing structures do not exceed 45 feet in height. The site coverage is "less than 85 percent and the landscaped area is greater thin i5 percent, The existing uses on the site are permitted user within the proposed General Commercial Zoninq Designation. 2. The sta;;ewids planning goals adopted under Oregon Revised Statues Chapter 197, until acknowledgement of the Comprehensive playa and ordinance&i The Comprehensive Plan has been acknowledged. Each amendment to the plan is provided to the appropriate State Agencies for review. Notice of filing of this application has been provided to the State Department of Land Conservation and Development for comment more than 45 days prior to the final hearing on this application as required under State of Oregon Administrative Rule 660-18-020. If approved by the City Ccuncil, Notice of Adoption will also be provided to the Department of Land Conservation and Dedelopment 3. The applicable standarde of any provision of, this code or other applicable implementing ordinances Section. 18.62 of the Community Development Code sets forth the development standards for the General Commercial Zoning District. The subject site meets these recpAremente because the lot width average is greater than 50 feet. The existing structures do not exceed 45 feet in height. The site coverage with improvious surfaces is less than 85 percent and the FIWkL ORDER CPA 94-0004/ZON 94-0006 Nimbus Center Asbociates PAGE, 5 landscaped area is greater than 15 percent. The existing uses on the site are permitted in the General Commercial Zoning District. 4. Xvideuco of change in the neighborhood or coamunity or a mistake or inconsistency in the comprehensive plan or ssonl.ng may as it relates to the property which is the subject of the devtOopment application; Along with the Koll Business Center the larger Tigard and Beaverton Area has experienced significant growth. Due to its location the subject property will continue to serve customers from a wider area than primarily the tenants in the Koll Business Center. The primary reasons for this amendment relate to physical growth of the greater area, the physical location of the site and the design of the site improvements which were approved at this location. By permitting the site to be rezoned a greater range of commercial uses and services would be permitted. These services are expected to be used by both citizens of the area at large and tenants of the Koll Business Center. Additional space which is leased within the center may create additional employment opportunities for area residents. The Planned Industrial zone allows up to 20 percent of a development complex to be utilized with limited commercial uses. There is concern that approval of change to the land use designation may lead to redevelopment of industrial sites within the Koll Business Cen�:er for commercial use. However, it is not expected that the Koll Business Center will redevelop with additional commercial development due to the recently developed nature of industrial uses within the center. Future applications for development or redevelopment will be reviewed for consistency with the development standards of the Planned Industrial Zone which limits the total of square footage which can be developed for commercial use. in terms of desig_u the site functions presently as a General Commercial site so that a mistake can be said to have been made in �,Aba "&"*'_l8li 1ng the range the commercial uses permitted on the site to convenience services designed pr'marily for use by tenants within the Koll Fusineas Center. This land use amendment will allow additional tenants which provide commercial goads and services to locate in an existing commercial center with negligble expected impact to adjoining areas. C. DECYSION The City Council approves the requested Comprehensive Plan Amendment for Washington County Tax Map properties 1S134AF, tax lots 1900 from Light Industrial and Planned Industrial respectively to General Commercial, C-G. The City Council finds that the change will promote the general welfare of the City and will not be significantly .detrimental or injurious to surrounding land uses. It is further ordered that the applicant and parties to these proceedings be notified of the entry of this order. ARM FINAL ORDER CPA 94-0004/LON 94-0006 Nimbus Center Associates PAGES 6 _ .� � � , . s�F�►rLJi�� � � I 6�. -, ��Irlftl� i•�' r Oft led 1-4 Tz 7! `V fry IF �♦` ■`r� UMC jw - �C rs� 4 11 •::.. f.;ii■71� il���ItaVr 1�1.l. r►#1 iit�a NN11t !>11N►; ._ I�i' 05i� � "r�il� ��:' ■o tv�1V1•■,■