Ordinance No. 94-26 CITY OF TIGARD,OREGON
ORDINANCE NO. 94-
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE
FLAN ANUMMENT AND ZONING MAP AMENDMENT REQUESTED BY DP.VE RIPLEY(CPA 94-
0004
40004 ZON 94.0007)•
WHEREAS, the applicant has requested a Comprehensive Plan and Zone Change A endments from
Mediums Density Residential,R-12 to General Commercial,CG for a 1.04 acre parcel(WCT'M 2S110AA,
tax lot 401).
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The proposal is consistent with all relevant criteria based upon the facts,findings and
conclusions, noted in the attached final order identified as Exhibit "A" and vicinity
wags (2) iuenivaea as Exhibit M";
SECTION 2: The City Council concurs with the Planning Commission and staff recommendations
and approves the request to redesignate the parcels illustrated on the attached maps
(a��h. it;k;+ "n�, `•Y'i+t� a Cninnrehen�ive Plan designation of General Commercial and
AtA
CG (General Commercial)zoning.
SEC17ON 3: This ordinance shall be offeotive 30 days aster its passage by the Council, approval
by the Mayor, and posting by the City Recorder,
PASSED: Byr OnfiAMOMS vote of a1'-Counzil uemaers present after being read by number
and title only, t1m, day of 1994,
Catherine Whet ey, City RecordeiJ
APPROVED. Thiaja�7—hday of _ 199 .
Approved as to form: Schwartz, Mayor,
ate
ORDINANCE No
y P, 1
EXHIBIT "A"
CITY OF TIGARD CITY COUNCIL
FINAL ORDER
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN
APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE
REQUESTED BY DAVE RIPLEY.
The "Tigard City Council reviewed the application below at a public hearing on December 13,
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,94-0005/
Zone Change ZON 94-0007
REQUEST: A request for approval of a Comprehensive Plan Amendment
from Medium Density Residential to C-G (General Commercial)
and a Zone Change request from R-12 (12 units per acre) to
C-G (General Commercial).
APPLICANT: Dave Ripley
Ripley's Furniture
14170 SW Pacific Highway
Tigard, OR 9722
OWNIERS: Same
REPRESENTATIVE: Michael C. Robinson
Stoel, Rives, Boley, )ones and Grey
900 SW Fifth Avenue, Suite 900
Portland, OR 97204-1258
LOCATION (WCTM 2S1 10AA,tax lot 401)The site is located south of the
Ripley's Furniture Store at 14170 SW Pacific Highway.
2. Vicinity`Information
The site contains 1.04 acres. Itis located behind Ripley's Furniture on the south side of SW
Pacific Highway. The site is a triangular shaped parcel which is vacant. The Ripley's
Furniture'tore site is zoned Commercial General (C-G). Mtich of the property surrounding
the subject property is presently zoned R-12. Properties around the subject parcel are
largely developed. The site has direct access through the existing parking lot which ser."es
the Ripley's Furniture Store.
3. Background Informallon
The Ripley's Furniture Store is a long time Tigard Business. The store has been at its present
location since the 1950's. This request is a result of the current store's lack of space and
the need for expansion. The current site has undergone expansion through Site
Development Reviews 32-76, 15-77 for expansion to the parking lot and furniture store.
The current site was also revised under Variance 6-85 and Lot Line Adjustment 12-86.
4, Site Information and Proposal Qescription
The site is an unusual triangular shaped parcel with limited access width past the furniture
stare to SW Pacific Highway an arterial street in the Comprehensive Transportation Plan.
Tile site is located to the south and east of sloping, wooded areas which adjoin the existing
Canterbury Crest development and Canterbury Lane designated a minor collector street. To
the northwest is an existing nursery business which adjoins SW Pacific Highway.
To the southeast of the subject propetty is the Tigard Care.Center and the Canterbury
Terrace Apartments. Both of these projects have access to 105th Court, a cul-de-sac which
provides direct ar:cess to SW McDonald Street. Southwest McDonald Street is designated
ldiorCollecILWLtor street rn--e 7.o the locatin,, of the subject property and long term level of
service constraints for direct access onto SW the
Highway,the preferred access point to
tE to subject property for development under its current residential designation is through
shared access with the Tigard Care Center or the Canterbury Terrace Apartments. However,
shared access through both developments is difficult due to the location and design of
existing site:improvements on these sites.
5. Agency CQmmer➢
The Engineering Division has reviewed the proposal and offers the following comments:
The applicants have submitted a report in support of their request for the map amendment
and rezone that includes a traffic study that examines the effects of additional traffic that
would be generated by the change in the zone and proposed development.
In the descriptionof the site, it is noted that the site is "landlocked" and has access only
through the exlsting furniture store site. Fu!tjre development of the site is proposed for
principally warehouse purposes and the proposed building would connect to the existing
site. The new building would result in a change to the loading docks area that would be
movedfrom the front of the store to the new rear warehouse Building. No changes are
proposed for the driveways. By moving the dock area, additional parking spaces will be
added to the existing parking lot in the front:
The existing site access from SW Pacific Highway consists of two right-turn in, right-turn out
driveways, with no change proposed.The traffic report has examined 1995 traffi-c with the
additional traffic from the proposed warehouse and finds that the driveways and the two
t- -.,t--:Wil . e«o-a✓r_n.tet�ryc �1h/ C'ant r ury Lane to the south and SW Gaarde/SW
McDonald to the north will operate satisfactorily.
Council concludes that any change to the traffic impacts by the proposed project will be
minimal. In addition, no substantial impacts are likely on the City utility systems.
Therefore, Council finds no objections to the proposed zone change.
The Oregon Department of Transportation reviewed this application and provided the
following comments:
1.) Considering,the limited size, traffic generation and access to the affected property,
000T does not object to the proposed zone change.
2.) The applicant should be made aware that the permitted U-Turn at SW Canterbury
Lane is not designed to accommodate large trucks.
3.) The applicant should contact ODOT District 2, Permit Specialist, Sam Hunaidi to
ensure that any driveway or drainage issues are addressed.
The Building Division, the Advanced Planning Division, General Telephone, Portland
General Electric, the Department of Land Conservation and Development and the Tualatin
Valley Fire and Rescue have reviewed the application and have offered no comments or
objections.
No other comments have beer, received.
B. FINDINGS AND CONCLUSIONS
The relevant approval criteria in this case are Comprehensive Plan Policies 1.1.2, 2.1.1,
4.2.1, 5.1.4, 6.1.1, 7.1.2. 8.1.1, 8.1.3 and 12.2..1 and Community Development Code
Chapters 18.22, 18.32 and 18.62 and the Oregon Revised Statutes OAR Chapter 660-12-
060, Division 12, Transportation Planning Rule.
Chapter 18.32 sets forth the procedural requirements for review of quasi-judicial pian
am,�ndments. Sections 18,32.090 (D) and (E) set inrth the review requirements for quasi-
judicial plans amendments. This section requires that the Planning Commission review
proposed amendments and provide a recommendation to the City Council. The application
has been processed in accordance with the requirements of Community Development Code.
Section 18.22.040 sets forth the standards and procedures for amendments to the .Zoning
Map which have been reviewed as follows:
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:
The applicable comprehensive pian policies and neap designation and; '[be change will not
adversely affect the health, safety and welfare of the community;
The following are the applicable Comprehensive Pian Policies related to this request. The
application's relationship to the appiicabie criteria is reviewed below each policy:
Plan Policy 1.1.2 requires that in antes to approve a quasi-indicial amendment to the Plan,
the City must find that the change is consistent wkih applicable plan policies, that a
change of physica: circumstances has occurred since the original designation, or there is
evidence of a change in the neighborhood or ccainirunity which affects the subject
parcel(s). Alternatively, the City must find that a mistake was made in the original
designation;
This parcel has no direct access to residential areas due to the site development patterns of
existing development to the east. The Tigard Care Center and Canterbury Terrace Apartment
projects largely "back into" the subiect property. Use of these areas for shared access is
expected to require extensive modification of off-site improvements due to the narrow width
of access ways, the location of parking and accessory uses. Adjoining property owners
would not be expected to support the substantial reconstruction of these sites necessary to
provide site access for up to 12 additional residential dwellings.
A mistake can be said to have been made in the site's original designation for residential
use due to the topography of the site as it relates to adjoining land uses and long term level
of service issues on SW'Pacific Highway. It is expected that development of commercial
uses on this site would create fewer traffic conflicts on SW Pacific Highway. The sites
topography and types of adjoining development constrain site access to SW Pacific
Highway,
Plan Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement
program and shall assure that citizens will be provides, 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 South CIT representative for this area was also notified of the neighborhood meeting.
Not:ce has also been provided of the Planning Commission and City Council Public
Hearings of this proposal.
Plan Policy 4.2.1 states that all development within the Tigard Urban Planning area shall
comply with applicable Federal, State and Regional water quality standards. This site
adjoins urban development to the north and east. Future building and site improvements
will be 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 IQ
General Commercial use will result in sivnificant building or site modifications which will
be reviewed through the site development review process. Any changes to impervious
sur i°ace area shall be reviewed by Unified Sewerage Agency for compliance with the Oregon
Environmental Quality Commission's rule: f^r the Tualatin River basin, including the
preparation and implementation of a nor,-point source pollution control pian. The proposed
redesignationwould not, uy itself, affect compliance with this plan policy.
Plan Policy 5.1.4 states that the City shall ensure that new commercial and industrial
development shall not encroach into residential areas that have not been designated for
commercial uses. Due to existing topography and land uses surrounding the site this
amendment is not expected to negatively impact adjoining residential areas. This policy is
addressed in further detail within the applicants statement and under Comprehensive Plan
Policies addressing mistakes in the original Comprehensive Plan designations or changes
which have occurred in the neighborhood since adoption of the current designation.
Pian Policy 6.1.1 states that the City shall provide an opportunity for a diversity of
housing densities and residential types at various price and rent level. Dae to existing
surrounding land uses and level of service issues on SW Pacific Highway the applicant has
demonstrated that the site is more appropriate for commercial use. This change will slightly
lower the total density of residentially zoned property within the City of Tigard'. The City
lf T'g-arEd e-*irront1v offer;they opportunity for overall density which exceeds !0 30%dwellmg
ac rju.a..v .........., _rr_ __ , as vv Cll ttt`.
units per acre.`` I he City of Tigard is required to offer an overall residential d€?nsity of a
minimum of 10 units per acre. Due to the limited area involved of 1.04 acres,the City will
continue to offer residential density for slightly over 10.30 dwelling units per acre overall.
For reasons discussed within .this report this site is currently difficult to develop for
residential use and appears to be more appropriately located for commercial use.
Plan Policy 7.1,2 states as a precondition to development that:A) Development coincide
with the availability of adequate service capacity for public water, sewer and storm
drainage; 8)The facilities are capable of serving intervening properties and the proposed
development and are designed to City standards;; and C)All new development utilities be
® placed underground. Policies 7.1.2, 7.2.1, 7.4.4, 7.5.2, and 7,6.1 have been satisfied
because adjoining areas are 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. Additionally, all service
providers have had the opportunity to comment on this application and have offered no
- comments or objections.
Plan Policy 7.6.1 states that 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; 6)That new development shall not reduce the water pressure in the
area below a level adequate for fire protection purposes, C) and the applicable fire
district review all applications. Development on the subject property can be served by a
water system with adequate pressure for fire protection. Future land use will not cause
water pressure to be reduced below a level adequate for fire protection purposes.
Plan Policy 8.1.1 states that the City shall plan for a safe and efficient street and roadway
system that meets current needs and anticipated future growth and development. This
policy is satisfied because the site has access to SW Pacific Highway which is designated
as an arterial street. The existing roadway pattern is able to accommodate the mincer
increase in traffic volumes resulting from an appro,Va! of this application as addressed in the
applicants traffic report for the site.
AML
Plan Policy 8.1.3 states as a pi-econdition of development that: development abut a
publicly dedicated street; street right of gray be dedicated where the street is substandard)
in width; developer commit to construction of street improvements to City standards to
the extent of the development's impacts, parking spaces be set aside and marked for cars
operated by disabled persons. This requirement 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 frontage 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.
Plan policy 12.2.1 #2 fasts the locational criteria for General Commercial Zoning District.
The applicable locational criteria specified in Chapter 12 of the zomprehensive plain are
the following:
a.) Spacing and locational criteria require that the commercial area shall not be
surrounded by residential districts on rnore than two sides. This site is surrounded
by residential zoning on two sides, however, many of these areas are at higher
elevations topographically and are physically separated from the subject property by
distances of several hundred feet. Adjoining residential uses to the east would also
be expected to be effktiiely screened from facture commer6al development on th's
site because of topographic differences and because access would be provided,to SW
Pacific Highway. Screening and buffering as set forth within the Community
Development Code and as required through-appropriate sound attenuation measures
would be expected to mitigate the impacts of commercial uses on this site.
W Site access criteria require: A)the proposed area shall not create traffic congestion
or traffic safety problems; g) the site shall have direct access from a major
collector or arterial street; and C) public transportation shall be available to the
site. The approval of this application will not result in a noticeable change in traffic
volumes. Due to the site's limited visibility to SW Pacific Highway and the
established nature of the Ripley Furniture Store which screens the site from view it
is expected that development of the subject property would be for ancillary business
storage uses as stated within this application. An increase in traffic volumes due to
retail services could be expected. Direct site access would be provided through
existing driveways to S`vV Pacific Highway. No new driveway accesses are proposed
with this application.. Any increase in traffic volumes caused by the C-G designation
will be negligible as reviewed in the applicant's traffic report due to the type of
ancillary commercial uses the site is likely to provide. The exact nature of site
improvements will be reviewed through the site development review process. Traffic
report review will be reviewed at that time to address the impacts of a specific
development proposal on this site. Transit service is available in proximity to the
existing development at the intersection of SW Pacific Highway and SW McDona;d
Streets.
c.) . 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 1.04 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 the adjoining roadway.
d.) Impact Assessment is determined by addressing the following criteria: A)the scale
of the project shall he compatible with the surrounding uses; B) the site
configurations shall be such that the privacy of adjacent non-commercial uses can
be maintained; Q it shall be possible to incorporate Unique site features into the
site design and development plan; and la)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!and uses is determined to be negligible. The
scale of the present development or, this site is compatible with the surrounding
uses. The scale anu dzsign character of any future development will be reviewed for
compliance with the standards set forth in the Community Development Code.
2. The statewide planning goals adop.M under Oregon Revised Statues Chapter 197, until
acknowledgement of the comprehensive pian and ordinances; The Comprehensive Plan'
►Has been acknowledged,therefore specific review of each of the statewide planning goals
is not applicable. Each amendment to the plan is provided to the appropriate state agencies
for review. Notice of filing of this application has been prcvided 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
660-18-0-10.
3. The applicable standards of amt provision of this code or other applicable implementing
ordinance; Code Section 18.62 (General Commercial) contains the standards for the
General Commercial zone. The subject site meets these requirements in that the
Am minimum lot width is greater than 50 feet,the existing structure does not ex^eed 45 feet
in height, the site coverage is less than 85% and the landscaped area is greater than 15
percent. Additionally,the existing uses are permitted uses within the General Commercial
zoning designation. The site is presently undeveloped. The parcel exceeds 50 feet in
average width. Any future site development improvements will be reviewed through the
site development review process to ensure consistency with lot applicable development
standards.
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. This parcel has no direct access to residential areas due
to the site development patterns of existing development to the east. The Canterbury
Terrace Apartments and the Tigard Care Center (nursing home) are sites which are heavily
developed that largely"back into"the subject property. Use of these areas for shared access
is expected to require extensive off-site improvements due to the narrow width of access
ways and location of parking and ancillary residential uses. Adjoining property owners
would not be expected to support the substantial reconstruction of these sites necessary to
provide site access for up to 12 additional residential dwelling units:
A mistake can be said to have been made in the site's original designation for residential
use due to the topography of the site as it relates to adjoining land uses and long term level
of service issues on SW Pacific Highway. It is expected that development of commercial
uses on 'his site would create fewer traffic conflicts on SW Pacific Highway. The
topography of the site and types of adjoining development constrain site access to SW
Pacific Highway.
The Oregon Revised Statutes OAR Chapter 660-12-060, Division 12, Transportation
Planning Rule applies to this type of application. OAR 660-12-060(1)and(2)provides the
following standards for amendments to comprehensive plans:
(1) A. endments to comprehensive plans, functional plans and land use regulations
which significantly affect a transportation facility shall assure that allowed uses are
consistent with the identified function, capacity and level of service of the
transportation facility, (a) limiting allowed land r!ses to be consistent with the
functions,capacity acid level of service of the transportation facility; (b)amending
the TSP [Transportation System Plan] to provide transportation facilities adequate
to support the proposed lanai uses consistent with the requirements of this division;
(c) altering land use €iesignations, densities, or design requirements ¢o retrace
demand for automohile travel and meet travel needs through other modes.
(2) A land use regulation amendment significantly affects the transportation
facility if it;
(a) changes xhe functional ciassifi,:atioea of an existing or planned tray�-portation
facility;
(b) changes a standard implementing a classification system;
(c) allows types or levels of travel or access which are inconsistent
transportation facility, or
(d) would be below the minimum acceptable level identified in the TSP.
(3) This section requires the City to have amended its land use and subdivision -
ordinances to implement OAR 660.12-045 (3), (4) and (5) (d) by May 8; 1994.
(4) This section requires that new retail buildings near existing or planned transit stops
be oriented towards the transit facility.
SW Pacific Highway is designated as an arterial street. This application does not
propose to change either the functional classification of any street, or the standards
implementing the functional classification. As reviewed within the traffic study
prepared for this site, this change is not expected to significantly impact levels of
service on SW Pacific Highway.
The City has met the deadlines set forth in Section (3). The City implements the
regulation set forth is section (4)and(5)directly, These sections of the Development
Code are applicable to this application. Appropriate development standards which
have been adopted will be applied directly to any site development review
applications which are filed for this site. Findings related to standards concerning
transit accessibility will also be applied at the time of site development review.
C. DECISION
The City Counril approves the requested Comprehensive Plan Amendment for Washington
County Tax Map properties 2511 OAA,tax lots 401 from Medium Density Residential, (Pi-12)
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.
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