Ordinance No. 96-04 a
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CITY OF TIGARD,OREGONFt
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ffi 4 ORDINANCE NO.96-CZ ..
AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A TIGARD
COiviPREi icivSwE Fv,.. ,...:- i-,MFN i AND ZUNF CHANGE REQUESTED BY PACIFIC
CREST PARTNERS AND PROVIDENCE HEALTH STJT[:'1S(CPA 95-0005/ZON 95-0007). �' 3
rf WHEREAS, the applicants have requested a comprehensive plan map amendment and zone "
change from Commercial Professional/C-P to Neighborhood Commercial/C-N on two pwoe!s - �t ITT
(P-arceis i and 3 of MLP 94-0013) and from Neighborhood Commercial/C-N to Commercial
Professional/C-P on one parcel(northern one acre of 1S1 346C,lot 401);and
,
WHEREAS,the Planning Commission conducted a public hearing for the proposed amendment "_ `
and zone change at its meeting of December 18, 1995,and recommends approval of CPA 95- } Fv , .
0005/ZON 95-0007.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
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SECTION 1: The proposed amendment/zone change is consistent with all relevant criteria F
based upon the facts,findings and conclusions noted in the attached final order
(Attachment A); yy,
SECTION 2: The City Council concurs with the Planning Commission and staff r �
recommendations and approves the request to designate the parcels illustrated on
the attarhad rrtep(Rtuey,;,c��i A,Exhibit A).
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SECTION 3: This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor,and Dostinq by the City Recorder.
PASSED: By Un lr n i rrou5 vote of a0 Coungcil members present after being read by number
3S
and title only,this 1Y1 day of 1=rbruk.Y< 1996. c '
-Catherine Wheatley,City�iqeco—er
APPROVED:By Tigard City Council this /3tItof�L 996.
�GX
es Nicoll,Mayor ° `
Approved O o form:
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ity A orney ,
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Date `
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ORDINANCE No.96-
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FINAL ORDER � £ �
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN >
APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE G 3
` REQUESTED BY PACIFIC CREST PARTNERS AND PROVIDENCE HEALTH yY �r
SYSTEMS.
The Tigard City Council reviewed the application below at a public hearing on January zs, ;
1996. The City Council approves the request based on the facts, findings and
conclusions noted below. ,°�
' A. FACTS" "
1, Generallnformation
CASE: Comprehensive Plan Amendm,.nt CPA 95-0005 ,
Zone Change ZON 95-0007
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REQUEST: Amend the Comprehensiv-Plan map on Parcels 1 and 3 of .
x MLP 94-0013 from Commercial Professional to Neighborhood
Commercial and change the zoning from C-P to C-N; and § .
amend the Comprehensive Plan map on property at the
southeast comer of SVV Schclls Fc,-;y Road and SW North �.
Dakota Street from Neighborhood Commercial to Commercial
Professional and change the zoning from C-N to C-P. #
` : APPLICANTS: Pacific Crest Partners Providence Health Systems
911 Oak Street 4605 NE Glisan Street
Hood River,OR 97031 Portland,OR 97213 v
OWNERS: Same ry �
LOCATION: Southwest and southeast corners of SW Schol►s Ferry Road t � '
and SW North Dakota Street. } —
2. Vicinity
The proposal is a joint application between Pacific Crest Partners and Providence
Hearth Systeme Two QItps are involved in the plan amendment/zone change.
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Site A is on the southwest corner of SW Scholls Ferry Road and SW North DakotaIMP
Street;site B is on the southeast corner(Exhibit A).
Tii6 NiuNusdi auecis Fmceis i and 3 of a recently-approved minor iand partition
(MLP 94-0013)on map 1 S1 35AD, lot 2400(Exhibit B). These parcels have been S
recently developed as a bank and tenant commercial space. The land uses
surrounding the site are as follows: Properties to the north across Scholls Ferry
Road are in the City of Beaverton and zoned for single family residential use; to I
the east across North Dakota Streat is the St. Venn nt'c_ Medic I Clinic ..hch is
,'.. built on mmnarty --Mori fnr hnfh Mainhhnrhnnrl {'nmmorrin! gnri Prnfaecinnni
Commercial uses; to the south is medium density residential land, though the '
Kindercare day care center located immediately to the south is a conditional use; ;x
and to the west is medium density residential land that is zoned R-7 (PD) and
contains the Summerlake subdivision.
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The proposal also includes the property at the southeast corner of Scholls Ferry ,
and North Dakota. The northwestern one acre of map 1S1 34BC,lot 401 is zoned
for Neighborhood Commercial(Exhibit C). Properties to the north across Scholls
Ferry are in the City of Beaverton and zoned for office commercial and single y
family residential; to the east is aeneral commercial
�.. i8nti which contains a r �"
McDonald's restaurant and the Greenway Center; to the south is commercial
professional land which contains part of the medical clinic and a vacant parcel;and i �
to the west is commercial professional land containing the co-applicants
development. '
a 3. Bi2ckground information
Site A: Pacific Crest Partners was approved for a minor land partition (MLP 94- ( z
0013) and site development review (SDR 94-0014) on the property at the
southwest corner of Scholls Ferry and North Dakota in August of 1994. The i k
original 1.24-acre parcel was divided into three parcels. Parcels 1 and 3 of that
partition is the subject of the current application. ,
In April of 1995, Pacific Crest Partners applied for a comprehensive planflH] mgk
amendment/zone change for Parcel 3 only. The applicant proposed to change the , fi
parcel from Commercial Professional/C-P to General Commercial/C-G in order to •.
develop it for retail use. The Planning Division recommended denial because the
application did not meet all approval crity ia. The Planning Commission
recommended denial on June 19 and the City Council denied the proposal on July
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� Tigard Community Development Code 18.32.280 states that an application that
r, d has been denied may not be resubmitted for the same or substantially similar
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the facts or a change in city policy which would change the outcome. Staff agrees
with the applicants that the current proposal is substantially different than the
previous one referred to above. This application seeks a change to different
designations than the prior one and involves three parcels and two applicants. It
also involves a mistake by the city concerning the comprehensive plan and zoning `
maps. 4
it In November of 1986, the city council adopted Ordinance 86-58, which 3' x,rt
amended the comprehensive plan and zoning maps on the original parcel (1S1 Y
346C,lot 401)located on the southeast corner of Scholls Ferry and North Dakota.
The applicant, Bethany Associates, requested that the 5.4 acre parcel be € ,F
redesignated from C-P to C-G on 3.9 acres with the remaining 1.5 acres retaining n4,V
the C-P designation. The city council decided to designate the eastern 2.9 acres
as C-G and the northwestern one acre as C-N, the latter to be used for 5
neighborhood retail uses(Exhibit C). Since the rezoning the original 5.4 acre site k
has developed with a McDonald's restaurant,an Oil Can Henry's auto lube and St. �
Vincent's .".",edica! Clinic. The clinic straddles the C-N and C-P zoning districts
(Exhibit D). z, �M
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Since the time of the approval of Ordinance 86-5ty
8, a mistake was made by city
staff regarding the location and conditions of the C-N zone. The ordinance text ,
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and map specifies that the C-N designation be located on the northwest comer of ..
the site and contain one acre;and that commercial development occurring within a `sem
zoning district shall not utilize space outside of the respective zone to satisfy
parking or landscaping requirements prescribed by the code. The current ; z n= -
comprehensive plan and zoning maps, however, are drawn to include 1.99 acres ` -'
in this designation; and the medical center development straddles two zoning rig
districts.
The Planning Commission held a hearing on CPA 95-0005/ZON 95-0007 on {
December 18,1995,and voted 5-1 to recommend approval of the proposal. �¢ r zzziii
f bit ti' Yca3
4. Site Information and Proposal Description k. _
Site A: The affected parcels, containing 1.10 acres, are located along the west
side of North Dakota Street, south of Scholls Ferry Road (Exhibit A). Sitek,
development has recently been completed on this site pursuant to the approved ;e,
site development application in August of 1994(SDR 94-0014). Approval of SDR
94-0014 allows for construction of a 3,840 square foot bank on Parcel 1 and 8,415
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square feet of office/retail space on Parcel 3. Prior to construction,former tax lot ,
Y� 2400 contained a veterinary office,three homes and an apartment building.
The applicant requests a comprehensive plan map amendment from Commercial
Professional to Neighborhood Commercial and a zone change from C-P to C-N on
+ Parcels 1 and 3. The reason for the requested change is to expand the range of c
permissible uses to those allowed under C-N zoning. Under C-P zoning, retail
commercial use is limited to 20 percent of the entire square footage within the r _
deveiopment complex. Under this ibsiriciiuii, unly 3,loo ui tiie 8,415 squaie feet
of the building on Parcel 3 could be used for selected retail uses. A change from
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square feet on Parcel 3. ,'
Site B: The affected property, containing one acre, is located on the southeast
corner of Scholls Ferry Road and North Dakota Street. In March of 1988,the city
approved SDR 88-05 for the construction of St. Vincent's Medical Clinic. The 5 '
northern portion only of the clinic is located in the C-N zone;the southern portion is a
on land zoned C-P. k
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' Thi; uYrl;,^a.r requests a comprehensive plan map amendment from
Neighborhood Commercial to Commercial Professional and a zone change from t �
C-N to C-P on the northwestern one acre of map 1S1 344 Of' lot 401,as delineated -
on the map of Ordinance 86-58 (Exhibit C). The reason for the request is to —
correct a mistake on the zoning map,clear up the split zones upon which the clinic
is located and to enable the C-": zone, which is restricted to one quadrant of an r �
intersection,to be more appropriately used by the co-applicant on Site A. .�
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A written narrative combining the two requests was submitted as part of the r
application. It is included as part of this staff report. a "
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5. Agency Comments ,
The Engineering Division, Tualatin Valley Fire and Rescue District, Washington
County, Beaverton and Tri-met have reviewed the proposal and have no 'VIC t
objections. No other comments were received at the time of this report.
B. FINDINGS AND CONCLUSIONS �v�
The relevant criteria in this case are Comprehensive Plan policies 1.1.2(2), 2.1.1, 6.1.1,
5.4, 8.1.1, 12.2.1 (1)and 12.2.1 (3); Community Development Code chapters 18.22 and
18.32;and Oregon Administrative Rules,Chapter 660 Division 12. Zi
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t F'` 1. Policy 1.1.2, Implementation Strategy 2, requires that in order to approve quasi-
judicial changes to the comprehensive plan map,the city council must find: a)A
change is consistent with applicable plan policies; and b) A change of physical
circumstances has occurred since the originai designaiion, of c)A misiake was -
made in the original land use designation.
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The applicants' statement in support of this proposal asses that three physical
changes of circumstances have occurred affecting the sites and a mistake was r
mnriP in the nrininal land uee designation of site B. A summary of these r F
arguments follows.
St. Vincent's Medical Clinic was partially built on a one-acre parcel, which is zoned + h=
Neighborhood Commercial, despite the fact that the city council amended the
comprehensive plan and zoning maps with the intent that retail commercial uses
be developed there. CPA 1 o-86rLC 18-86 was a request by Bethany Associates
to rezone a portion of a 5.4-acre parcel on the comer of Scholls Ferry and North
Dakota from C-P to C-G on 3.9 acres, the remainder would remain C-P. This ;
action was to accommodate a neighborhood office and retail center designed to
maximize pedestrian access to the site, particularly from the Meadowcreek k' '
apartment project immediately south of the site. The proposal stated "The ;
medicaYdentaU professional office portion of the plan can be built in the present C- {
P zone so no change is necessary". The city council approved the request with
the added conditions that one acre of the site be rezoned as C-N in order to limit P. ,_'
the scale of commercial development which is compatible with nearby residential `
neighborhoods. �� , .:
ZNR
Despite the intent of the council's action, a regional medical clinic was develepeel i
on the C-N zoned property. This use does not fulfill the purpose of this zone. The r *.
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Tigard code states, The purpose of the C-N zoning district is to provide
convenience goods and services within a cluster of stores. Convenience goods
are goods which are bought frequently, at least weekly, and for which people do Um
not engage in comparison shopping. The uses permitted in the neighborhoodis
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center include convenience markets, beauty shops, barber shops and repair ,
shops. The range of uses is limited to those uses which can be sustained by a
limited trade area.
The expectations of the zone change in 1986, therefore, were never fulfilled and
lho neighborhood commercial uses intended by the C-N zone never developed.
The applicant claims that this represents one physical change of circumstances. ,
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' The applicant asserts that the second physical change of circumstance is related
to the type of existing uses on the sites. The recently-completed bank and tenant "
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space on Site A, though allowed under C-P zoning, are more neighborhood
commercial or retail uses than the medical clinic on Sde B. This situation
represents a change from the original designations and intents of the C-P and C-N
zones. O
A third change in physical circumstances since the original designation in 1986,
the applicant asserts,is the additional street improvements made in the area. The
widening of Scholls Ferry and installation of speed humps along North Dakota
imnmve the traffic tlnw in tha arca and d%3C� �^�• o f f.-+� D � ....
a ..,�„udnvia as a 'cul- s
through' street. The installation of a traffr %^rc! �, SLiw;is rent' and North
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niaue rr easier,more safe and convenient to access Srtes A and B. #-
In addition to the above, a mistake was made in the original land use designation s +�
of Site B. Ordinance 86-58 designated 1.0 acres as C-N on the southeast comer
of Scholls Ferry and North Dakota. The current plan and zoning maps show all of T RS
tax lot 401, 1.99 acres, as C-N. The medical clinic development coveting
approximately two acres, is built on land zoned C-N and C-P. The mistake was `
likely a mapping error which designated the whole tax lot as C-N, instead of the
northern one acre only.
Staff concurs that one physical change of circumstance has occurred since the L,
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original designation. More importantly,staff concludes that mistake;were made in
the original dcsig,-^.iuii and subsequent development of Site B. The action by the
city council in 1986 to rezone the 5.4-acre property on the southeast corner of { _�
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Scholls Ferry and North Dakota to C-G and C-N was done to accommodate
neighborhood commercial uses.Ordinance 86-58 reads,in part,"...the scale of the
project should be limited so as to result in commercial development which is most � Y
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beneficial to and compatible with nearby residential neighborhoods". Instead, a
regional medical clinic was developed on approximately two acres of the western
portion of the 5.4-acre site that straddles both the C-N and C-P zoning districts. r ,
This could represent a physical change that was not intended by the council, does
not fulfill the purpose of the C-N district and precludes development of
neighborhood
mal uses on the site. n ddlt o because ron in
ia corner of this ntersectionthecomPehensvePlanlocatonal criteria fnaddition,
cannot have another C-N district,thereby precluding a neighborhood commercial
district across North Dakota Street.
Staff also concludes that a mistake was male in the original land use designation i h+
of Site B, and a mistake was made in approving the location of the medical clinic
development in 1988. The city council action in 1986 to rezone this site included
the following provisions.
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a) The eastern. 2.9 acres of the site shall be redesignated for Commercial
�- General development in the Comprehensive Plan and C-G on the Zoning
Map. The northwest corner containing 10 acre will be redesignated for
._ .._...- Cnmmarninl
.... Aloin�hhnrhnni ripVAInmPnt in tha rmnr(.hPn4il.ia_ P.in_n..onrr_`
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on the Zoning Map.[emphasis added]
b) Commercial development occurring within a zoning district shall not utilize
space outside of the respective zone to satisfy parking or landscaping
•.._ . _,.� tr n ribnrl fey tha(�nmmimity n,-valnnment Code.
The map referred to in a)above is shown as Exhibit C in this report. The action
clearly was to rezone only 1.0 acre as C-N. Currently, the comprehensive plan .;
and zoning maps show this district as 1.99 acres(Exhibit E). Staff made a mistake r
in designating the C-N boundaries in subsequent maps. Provision b) above was "
adopted by the council due to concern about negative impacts associated with a
larger scale commercial retail development spilling over on to another zoning .
district. The medical clinic development, as built, does indeed cover part of the
original C-N district and part of the C-P district to the south of the C-N district.
Staff finds that a third mistake was made related to Site B by a!!O a single•se �
.,� .. Iny a single use
that exceeds 4,000 square feet. Chapter 18.60 (C-N: Neighborhood Commercial ;
District) of the Tigard Development Code contains the following restriction: "No
use shall have a gross floor area greater than 4,000 square feet." The portion of
the medical clinic, which is considered a single use, located in the C-N zone
should not exceed this square footage. The portion of the clinic in this zone is
approximately 10,000 to 12,000 square feet f
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Based on the above discussion, Policy 1.1.2(2) is met. Approval of the this
piyNySai wawa ICCVyinZc `llle changed circumstances and correct the original
mistakes made in creating,defining and developing the site within the C-N zone. =
2. Policv 2.1.1 states that the city shall maintain an ongoing citizen involvement ' 'x
program and shall assure that citizens will be provided an opportunity to be
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involved in all phases of the planning process. The policy is satisfied because the ,
surrounding property owners were given notice of public hearings related to the
proposal and given the opportunity to comment on the proposal. The notice for the
planning commission and city council hearings were sent to surrounding property rk "
owners within 250 feet of the affected property, posted at Tigard City Hall and
advertised in a local newspaper. in addition,the applicant provided notice of and
' conducted a neighborhood meeting on October 19, 1995, for interested property
owners and those within a 250-foot radius of the affected property. r. `
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3. Policy 5.4 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 or industrial uses. Theproperties proposed for "
redesignation are currently zoned r-P anrt r.-M, both y cla1 .103;---
Also,
c-;--Also,these properties are located among other commercially zoned parcels. This
policy is satisfied, therefore, because there will be no encroachment of new
commercial development into residential areas. . 1 m r
4. Poliev 8.1.1 Rtarac th_t the c::; of iaii pian for a safe and efficient street and
roadway $VCtPm that meets Cuiiciii IICBU3 an0 anticipated 1UiUre growth and
development. The applicants' argument that the proposal would not have a Viz;
significant effect on either the local road system in the area or the planned -,zx
Washington County transportation system (Scholls Ferry Road) depends on the
traffic study submitted for the previous application(CPA 95-0002/ZON 95-0003)for .
a plan and map amendment on Parcel 3 of Site A. The study and subsequent S E}
letters and comments from Washington County are included as Exhibit F.
The study analyzed the worst case situation under C-G zoning on Parcel 3 only. xn _
This analysis showed that the transportation system would not be adversely
affected. city and r_.niinty gtaff. nareP S;iat the analysis also suffices for the current
proposal to rezone Parcels 1 and 3 to the less intensive C-N. Parcel 1 has
recently developed as a bank and is under long-term lease with the property's `,fi
owner. This use will not change due to the rezoning. Parcel 3 has recentlyz ''
developed as 8,415 square feet of tenant space. The uses allowed under the C-N F ;;
zoning would not generate as much traffic as those allowed under C-G. In -
addition, any one use is limited to 4,000 square feet under C-N zoning. TheME
owner/developer of Parcels 1 and 3 has already made street improvements as F[(
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conditions of approval of SDR 94-0014. These improvements serve to mitigate the s
imncrt of Mrid .^.n�l t
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The traffic impacts resulting from the medical clinic on Site B were analyzed and
—4; alcd.,i it-a......lop.—nent of 0-+ a,+in 1 QRR/C
g4 ,.using 3iic ucvcwN saviw... pro; 8 DR RR-05). The x �
current proposal,therefore,to rezone this site from C-N to C-P,if approved,will not �{
affect the transportation system because the site is already built out.
The city's Engineering Division and Washington County have reviewed the traffic *f
analysis and find that the proposed amendment will not have a significant effect on
the planned transportation system. The Engineering Division states that because
the proposal is an exchange of already existing zoning districts that involves
virtually the same amount of land,there will be no additional traffic impact caused '
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either by a new zoning district or by land added to the old districts. For the above
reasons,Policy 8.1.1 is satisfied.
5. Policv 12.2.1 (1) provides the locational criteria for rlAcinnofi. lead
neighborhood commercial (C-N). These criteria apply to Site A. The locational
criteria can be construed in a flexihle mom.. c.,:r, • C; ui accommodating
proposals which are found to be in the public interest and capable of integration
into the community. The burden of proving conformance with the criteria varies •
' with the degree of change and impact on the community. The applicable
locational criteria with findings are as follows:
(1) Spacing and Location
a. The service radius for a nejghborhood commmial renter shall he at
least one-half of a mile. The service area depends on the type of tenants
who locate at the site, but it is expected to be at least one-half mile. If
approved,this C-N district would be the only one within one mile. There are
C-G and C-P districts within one half mile that serve a larger trade area. 3 -
b. _Qemmercial development shall be limited to one quadrant of a street ,
intersection or where there is no street intersection to one side of the
street. If this proposal is approved and Site B is designated as C-P, thenK
.� Site A would be the only quadrant of the intersection designated as C-N.
The northeast quadrant in Beaverton is designated as U-C (Office s �.
Commercial); the northwest quadrant in Beaverton is R-7 (Single-Family T -
Residential); and the southeast quadrant would be r_o ��_-_—
�..om ierciai
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Professional). This criterion,therefore,is satisfied.
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(2) Access t r,4,r�
a. The proposed center or e,pension of an existing center shall not create
traffic congestion or a traffic safety_problem. Such a determination shall he
based on street capacity, existing and �roje.ted traffic volumes the speed
Limit number of turning movements and the traffic aecerating characteristics
of the most intensive use allowed in the zone. As discussed above under s` '
8.1.1, staff agrees that the traffic analysis completed for the previous ;
comprehensive pian and zoning map amendment(CPA 95-0002/ZON 95-
0003)suffices for the current proposal. Based on this analysis and for the ff
reasons cited in 8.1.1,staff concludes that redesignating Parcels 1 and 3 of _,z;;;
Site A to C-N will not create traffic congestion or a traffic safety problem. g
This criterion,therefore,is satisfied. :
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�-, b. The cite shall have direct access from an arterial or a collector street which
t z" wdl not direct traffic throgah local nainhh.,,'-,C ;•bireet
•_� . Access to the site
is via North I-In%a'a oueet, a minor collector. This was determined by the
city's approval of the site deVelopment plan (SDR 54-0014) iii August of
1994 b.-Cause direct access io Schoiis Ferry Road, an arterial street, was 1
prohibited by Washington County. Because site traffic will use Scholls
r Ferry Road and North Dakota, and traffic is not directed through local
neighborhood streets,this criterion is satisfied.
(3) Site Characteristics
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a. The site hall be of a aize which h can accommodate Present and Droiected
uses,but shall not exceed Mo acres. Parcel 1 of Site A has recently been 'S f
developed as a bank. Parcel 3 has developed as 8,415 square feet of °
tenant space. Both uses were reviewed and approved by the city in 1994.
The site size does accommodate the present uses. Any additional future x h
uses would have to be approved by the city. Parcels 1 and 3 combined ;
include 1.10 acres. This criterion,therefore,is satisfied.
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(4) Impact Assessment
a• IhSalof±he Droiect shall be compatible wift the surrounding uses. Site ,z
A is already developed as a bank and commercial tenant space. Botha
structures are one story and oriented towards Scholls Ferry Road and North
` Dakota Street. The scale of this �wr•nroiect ,._ui_-N
m � atibie with the surrounding r �=..�•��
• uses of commercial and medium density residential.b. 511esonfiguratiourid
• treet system
shall be such that privacy of adjacent non-commercial uses can ho
maintained. The existing development on Site A is oriented toward Scholls r
Ferry Road and North Dakota Street To the east across North Dakota
Street is commercially-zoned land which includes the medical clinic. To the-
south
hesouth is the Kindercare day care center, a conditional use. in an R-7 (Pu) r r
zone. There are no windows or public access facing south towards this
residentially-zoned area. To the east is the new veterinary, clinic building
and a 20-foot buffer between the building and the residential neighborhood. Y
With the foregoing configurations and characteristics,this criterion is met.
C. It shall be possible to incorporate the unique features into the site d sign
and-development plan. The site has already been developed. It contained
no unique features before development. This criterion, therefore, is
satisfied.
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�^ d. Associated lights noise and activities srnii n n illi li `th a,inirino non-
residential uses. The existing site development as approved and 7
constructed docs Ilvt and will not create noise and iighting impacts to the _
medical clinic across North Dakota Street or the Kindercare center to the
south. The Parcel 3 building orientation faces north away from the day care
center. This criterion,therefore,is satisfied.
S. Pc!cy 12.21 (3)provides the locational criteria for designating land as commercial
r
professionai (G-P). These criieria appiy io Site B. The iocaiionai criieria can be
construed in a flexible manner in the interest of accommodating proposals which
are found to be in the public interest and capable of integration into the community. 'E
} N4c
The burden of proving conformance with the criteria varies with the degree of :r
change and impact on the community. The applicable locational criteria withkj
findings are as follows:
(1) Spacing and Location +
a. The Comprehensive Plan map fiKQ5-exact boundaries of the commeLcial
professional area. This policy is satisfied because the boundaries of the C- `_< :k ;
P designation will be set by ordinance that amends the comprehensive plan r
map.
b. The commercial area is not surrounded by residential districts on more than y .
a
lWU JIUCD. IIIC UI Vt/elUeJ 4V t11C Illdi tll 41 the Jlte ArC !II !!!e filly or
Beaverton and zoned office commercial; to the west of the site is land
zoned commercial professional (C-P); if the current proposal is approved
the properties to the west would be C-P and C-N;to the south is land zoned h '
C-P;to the east is land zoned C-G. This criterion is satisfied because the
affected site is surrounded by commercial districts on all sides.
jr
(2) Access
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a. T (2[oposed use or expansion of an existing area shall not create traffic
congestion or a traffic safety prcblem. Such a determination shall be based m�
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on street cagaci . existing and projected traffic volumes. the speed limit. �
number of turning the traffic generating charac
teristics Qf h
the various types of uses Site B is already developed with the medical
clinic. This development was reviewed and approved by the city council in x*
1988 (SDR 88-05). Traffic concerns were addressed during that review
process. Approval of the current proposal would not affect the existing
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` traffic generation or patterns related to this site, therefore, this criterion is
+' satisfied.
(3) Site Characteristics
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a. The site shall be of a size wnich ua„ - -�+���nracPnt arld nroie
needs. Site B is already developed and can accommodate the present
i, needs. There are no plans for expansion nf the. medical _!iris This --
criterion,therefore,is satisfied.
b. The site shall have high visibility. The site and existing development is F ;
clearly visible from Scholls Ferry Road and North Dakota Street. This
criterion,therefore,is satisfied.
(4) Impact Assessment
a. The site configuration and characteristics shall be such that the privacy of '
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adjacent non-commercial uses can be maintained. The existing medical � �,,*, � ���,•
clinic is oriented towards Scholls Ferry and North Dakota. To the north of
the site, across Scholls Ferryis a bank; to the east is a McDonald's.ad's. �
Cal
;
restaurant and auto lube center;to the south is a vacant parcel of C-P land;
and to the west, across North Dakota, is a bank, ve-terina^, hospi, 1 and
commercial tenant space. The nearest non-commercial use is the Meadow '
Creek apartments to the south beyond the vacant commercial parcel. This
criterion,therefore,is satisfied.
b. It shall be possible to incoroorate the unique site features into the site
desion and-development Ian. The site has already been developed and
there are no unique features on the site. This criterion, therefore, is k
satisfied. r
c. Associated lights noise and activities shall not interfere with adjoining non .
residential uses. The site has already been developed. To the north of the i
site, across Scholls Ferry Road, is a bank; to the east is a McDonald's ,hT-2�
restaurant and auto lube center;to the south is a vacant parcel of C-P land;
` and to the west, across North Dakota Street, is a bank, veterinary hospital `
and commercial tenant space. The medical clinic does not interfere with
z t '
these non-residential uses and, in fact, is complimentary to them. This
criterion,therefore,is satisfied. .
7. Section 18.32 of the Community Development Code sets forth the procedural
requirements for review of quasi-judicial plan amendments. The application has
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been processed in accordance with code sections 18.32.020, 18.32.050 and
r 18.32.060; hearings have been conducted by the planning commission and city
council according to 18.32.090(D); and the requirements for notification of the
hearings have been met according to 18.32.130 and 18.32.140.
•
8. Section 18.22 of the Community Development Code sets forth standards and
procedures for quasi-judicial amendments to the plan and zoning district map as
follows:
A. A recommendation or a decision to approve, approve with conditions or to
deny an application for a quasi-judicial amendment shall be based on all of
the following standards:
1. The applicable comprehensive plan policies and map designation: and the k
change will not adversely affect the health safety and welfare of the
community. The applicable plan policies related to the proposal ares i
reviewed above under section B(Findings and Conclusions). "r
9. The t • idc planning agais adopted under Oregon Revised Statutes Ng—
Chapter 197. until acknowledgement of the comprehensive 121an andu-
ordinances. The ':gard Comprehensive Plan has been acknowledged, , e
therefore specific review of each statewide planning goal is not applicable. ,
f+,,, ivotica of `ling this proposed amendment has been provided to theg�'
Department of Land Conservation and Deveiopr�ie��t for con?ment at least }
�-BN
45 days prior to the final decision date. "a
3. The applicable standards of any provision of this code or other applicable :t {
j
implementing ordinance. Code sections 18.60 (Neighborhood Commercial j = t
District)and 18.64(Professional/Administrative Office Commercial District)
contain the standards for the C-N and C-P zones,respectively. Sites A and s.
B have already been developed with commercial uses. The bank and
COfifefCdl 1e1Glt space v. Site nA 'rcic icvicrrcd and approved by the city
under SDR 94-0014; the medical clinic(Site B)was approved under SDR
88-05. The standards under each zone district have been met for theses
developments. This criterion,therefore,is satisfied. £ .
4• Evidence of change in the neiahborhood or community or a mistake or
inconsistenc iy n the comprehensive plan or zoning map as it relates to the p
plppeU which is the subject of the development ap lisp ation. See above
under B,Findings and Conclusions,section 1.
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9. Oregon Administrative Rule section 660-12-060 requires that plan amendments be Et
consistent with identified function, capacity and level of service of affected
transportation facilities. Based on the applicant' traffic analysis and the r-
improvements made to North Dakota Street (pursuant to SDR 94-0014), the
proposed plan map and zoning map changes will not significantly affect a
transportation facility. N:zshington County staff agrees that the proposal
ria
cons.tent with this rule. rf ,
` 10. Conclusion
` PP PP PP P P
In conclusion, all applicable approval criteria to support a comprehensive Ian
x
amendment and zone change have been satisfied. Staff can, therefore, make RAM
f endings to support application CPA 95-0005/ZON 95-0007. Further,staff believes
that amending the comprehensive plan and zoning maps to switch the locations of
the C-P and C-N on this corner better serves the purposes of the city's planning
goals and neighborhood public needs. It correct pthe mistakes made regarding .
Site B, that is, the mapping error on the existing C-N district and the mistake in
allowing the medical clinic site to be sited in two different zoning districts and
developed over 4,000 square feet. By assigning a C-P zone to the one acre at the t' "
southeastern corner of Scholls Ferry and North Dakota, the medical clinic
P Y appropriate 9 comply
development will be located entire) in one a ro riate zonin district and com I
r with all codes. This action will also allow the C-N zone,which is allowed on only t ashy
one quadrant of an intersection,to be assigned to the southwestern corner of this
intersection. Locating a C-N zoning district on this corner will allow the opportunity " S
for provision of convenience goods and services to the local neighborhood.
C. DECISION p p ` #
1 s $_
The City Council APPROVES the requested Comprehensive Plan Amendment
CPA 95-0005 and Zone Change ZON 95-0007 based upon the foregoing findings
and conclusions.
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? Source: CPA 95-0002/ZON 95-0003 file.
fi MACKEN23E ENGINEERING INCORPORATED 5
CIVIL.-STRUCTURAL•SURVEYING•TRANSPORTATION )
0690 S W BANCROFT STREET•PO 80X 69039 -
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PORTLAND.OREGON 97201-0039•(503)224.9560•FAX ISM)228-1285
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{ June 5,1995 f
Washington County
Land Use and Transportation
155 North First Avenue,Suite 350 >
Hillsboro,Oregon 97214
U
Re: Pacific Crest Zone Change �'
Scholls Ferry/North Dakota Traffic Conditions
Project Number 294149
Dear Mr.King a s .
F A-0
Mackenzie Engineering Incorporated has reviewed traffic conditions anticipated at the intersection of y '
Scholls Ferry Road and North Dakota Street with development of the Pacific Crest site at the southwest
corner ofthe intersection. The scenarios reviewed include existing traffic conditions before development
of the site and 1995 and 2005 conditions with and without the proposed zone change on Parcel 3 from C-P
n indicated that under worst case scenarios,the existing
to C-G. Our previous trip generation compariso
zoning wouldasfi•_11,g nac air inure trips than the proposed zoning
4 t 3>Et�-
Traffic volumes for 1995 were estimated from summer 1994 counts with in-process traffic added for US a
Bank and Jiffy Lube and traffic generated from the pacific Crest site. This includes the planned
veterinarian office and bank and the"worst case scenario for Parcel 3. With existing GP tuning•Parcel ` s"
3 could support a 2,800 s.£convenience market and a 5,300 s.£Motor Vehicles Department office. Under -
_ ,.,,k.,,,a..-.,zorc.the;uiviv once would be replaced by a video store
Washington County staff provided EM 4W model runs for 2010 projected traffic volumes and 1985 ;
volumes The 2010 volume projections for Scholls Ferry are below tine PM peak hour traffic counts ;u
000ducted by ME1 staff during the summer of 19%. To estimate the 2005 traffic volumes,the growth rate < s
anticipated between 1985 and 2010 was applied to the 1994 traffic counts. This growth rate was f0=4 to
be approximately 5%per year The recent growth rate along Scholls Ferry Road has been 7%.. The 5% ,
rate was used for long term growth since the 719 rate is reflective of high levels of development in recent
years and increased traffic due to the impmvemrnte rnmpleted on S^h•ols Ferri Road �
Intersection capacity calculations wereutilizin NCAP software which simulates the 1985
Highway Capacity Manual. The calculation accounts for the existing PM signal timing on Scholls Ferry i y
Road The table below presents the intersection level of service as well as volume to capacity ratio(V!C)
and average delay for the existing and proposed zones in 1995 and 2005. The signal Progression system
currently operating on Scholls Ferry provides a low average delay for through tragic. Traffic volumes '
mciected for 2005 result in intersection demand significantly over caaacity. These results,although
shown,are not reliable Several variables may affect future operation of the intersection including a s
a constant growth rate of 5%,how planned roadway improvements will affect Scholls Ferry traffic,and i
FIWMATAW54W 9414MMISK '
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{ Project Number 294149
June5.1995
Page 2 o
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what improvements if any may be constructed on Scholls Ferry Road such as a third lane or intersection
improvements. Some of the planned improvements which may reduce Scholls Ferry traffic include the
Murray Boulevard ExteosionlWalout improvements and SW 125th Extension to Hall Boulevard
intersection Capacity and Level of Service ,
Scholls Ferry Road at North Dakota Street
Scenario V/C Delay LOS
1995 C-P Zone 0.993 32.2 D y �
1995 C-GZone 0.987 30.5 D
2005 C P Zone 1.63 >60 F
2005 C-GZone 1.62 >60 F '
•Level of cerAee is based upon average delay.
The interse ch of Scholls Ferry Road at North Dakota Street will experience demand in excess of its _-
capacity within the nodfew years. The traffic increases will be attributable to deveiopmcni over alarge
area of Tigard and Beaverton,not one specific proiect as Scholls Fe"is_—jjor a.~..eco ro"Way. The f �
wsis of any improvements which may be constructed on Scholls Ferry Road should be shared with all new Z ?1 - k
development in the area
If you have any additional questions please call me at 224-9560. r 'r-
{.M61-Sincerely.
BrentAhrend � #10505
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Trak Analyst
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Enclosures
c: Ray Valone,Michael Anderson-City of Tigard ,`C
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Dan Bovden-Pacific Crest
Richard Allen-Ball Janna&Novack S� ;
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WASHINGTON h
&A COUNTY,
OREGON q
June 8.7995E.
x
Ray valone
City of Tigard•^ening DePartment
1310:iii
Tigard.OR 97223
} aa�
Ra: CPA 954002NAR 954003 -PAC M CREST PARTNERS
Thank you for the oppodtx�tty to review and cormre+R merdmodo
prposal As 1 noted h
an this plan a
my May 16 letter,the Co nays interest h this proposal is Wnitnd to its Mnpad an SW Sdtoks Ferry '
Road,a County major arterial. To review the impact on this tachy,the Coady relies on Wings based t F
sem~
on OAR 660-72-=(Plan and Land Use Regtntation Amendments)from the Transportation Planning Ruta
/Ne TPR y,1'B.TM A,.....tt.r.:6""•'•"'�n.�-as--'
Tn w[trime__� o MH"`q' =mj--m'oma/ {wuv�u'tla'Um W!/Ity i111Ur a lrarrr0
analysis(dated June 5th)which identifies the impact this proposal would have on the planned County R_
Uarupor�ion system for year 2005. Ttnfs analysis is be on a reasonable worst case elle
davdcpnw t scenario for both the suing zoning and the proposed mning. Smdnc lly,these worst
case scenarios are.1)Existing zoning(CP) 2800 M.converdence market and a 5300&f.M%Kor kAWX
VeWdes Department office.and 2)Proposed zoning(CG)=2800 sf.convenience market and a 5300
&fvideo store I note that these square footages only add up to 8100 sf.and not the 8400 st of space
m r+.�*_4 4 ity or rxt#"kv*ry#% is sirrnoy a typographical al eor is the wrong eke " r
size,i do not begeve the discrepancy is sigrtktcard because the dwerence in the extra M mi.sixAO
prnpm to t*(nigher for each scernario restktlng In an equivalent relative knead Whle these worst case 's =
scenarios have baso discussed at length between city and co udy staff.)Haut rely on the City/s �
irempretad m of their code as it relates to reasonable worst devetopmerd x T
Assaning the raasmMe worst case develofrrnert stmarlos are an accurate reflection of hawed lard €
uses for the eke,the Coanty fids that the proposed plan amendmerd Will not have a sib effect on
the planned Clardy transportation systenn. Year 2005 ddiciencies in this area are due to effects of f
traffic growth based on the curpent land use system}. The analysis shows dW this Proposal will not ,
make the pwvwd system any worse than it would be with no plan amendmOm Therefore.the county
has no objections to this pian amendment request.
pi
.,.p
If you questions regarding these convnerds,piease Call rine at 681 3961.
Senior Planner
C: Marx Brown
k:.
Brett Ahrend ! t
s �
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fag
Department of Land Use end Transportation.Planning Dhe:at Phone:503/640 3519
f .n._a.___ .._____ +.n• �.v�eM I!M-AA17
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