Ordinance No. 96-20 t -
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�xt' CITY OF TIGARD,OREGON g
� E ORDINANCE NO.96- O
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5 Z," x AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE Agii
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COMI-REHENSIVE ?—I-AN MAP AMENDMENT AND ZONING MAP AMENDMENT
REQUESTED BY ALBERTSON'S INCORPORA 1 tij CFA;;_g��^ n*!D 7nN 93-
t 0003).
;
- WHEREAS,the applicant has requested a Comprehensive Plan Map Amendment from Medium-
{st High Density Residential to redesignate approximately 8 acres of a 11.95 acre parcel from r=`
k4 Medium-High Density Residential to Community Commercial and a Comprehensive Plan
approval to redesignate a 6.93 acre parcel from Neighborhood Commercial to Medium-High
Density Residential. The Applicant's requests also include accompanying Zone Changes which -�r -
�°f propose to redesignate the property from R-12(PD)and R-25(PD)(Residential, 12/25 units per '
jx" s
acre, Planned Development) to C-C (Community Commercial) and C-N (Neighborhood
Commercial) -
to R-25 Residential,25 units per acre). ..
r NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
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SECTION 1:The proposal is consistent with all relevant criteria based upon the facts,findings
y and conclusions, noted in the attached final order, additional findings and vicinity maps
identified as Exhibits A, B, C, D-1, D-2 and
, .... L r._'J (Albertson's, Inc.1nCRemand Ctuteiucrii with
k attachments). Exhibit A is the nets,findings and conclusions pertaining to the remand decision, rt
and where conflicting shall take precedence over Exhibits B and C (the facts, findings and a
Y i 4 conclusions pertaining to the prior approval dated December 27,1994).
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gf SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, ]
a signature by the Mayor,and posting by the City Recorder.tz
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PASSED: By U 00. i rmpuS vote of all Council members present after being read
by number and title only,this ) f'hday o
1996
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Catherine Wheatley,City Recorder .�
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�ar ORDINANCE NO.96-00 y � �
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APPROVED:By Tigard City Coy:cil t 7i5uay of �y�� l i
� i ' Ci-.� ,1996.
MEMO
Jim3
Jame icoli,Mayor cap
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Approved as to form
Melnik,
City Attorney
Date
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ORDINANCE NO.96
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"IMP w � � CITY OF TIGARD CITY COUNCIL
FINAL ORDER s,
Q , ! A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO
AREMAND OF AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT
'
ZONE CHANGE,SITE DEVELOPMENT REVIEW AND MENOR LAND PARTITION hw z
g { APPLICATIONS REQUESTED BY ALBERTSON'S,INC. [ 4 z§
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The City Council approves the request. The Council has based its decision on the facts,findingst
and conclusions noted belcw.
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A.FACTS: '
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1. General Information
Compre:;casiva Pian amendment CPA 93-0009
r Zone Change ZON 93-0003
Site Development Review SDR 93-0014 '
a Minor Land Partition MLP 93-0013
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A request for the following development approvals: ;
} (1) Comprehensive Plan and Zone Change to redesignate eight acres of a 11.95 acres -
parcel from Medium-High Density Residential to Community Commercial on Tax Lot +;
200 and to redesignate a 6.93 acre parcel from Neighborhood Commercial to Medium-
High Density Residential on Tax Lot 100. Proposed zone changes accompanying the
above plan changes includes request for a zone change from R-12(PD)and R-25 (PD)
` (Residential,25 units/acre,Planned Development)to C-C(Community Commercial)and '.
t C-N(Neighborhood Commercial)to R-25(Residential,25 units/acre);
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(2)Site Development Review approval to allow the construction of a 40,000 square foot , q
Albertson's Grocery Store and three smaller tenant pads of 5,950;2,400 and 1,200 square r r s
feet. The applicant has also proposed two 4,000 square fort retail pads. s.
(3) Minor Land Partition approval to divide an 11.95 acre parcel into two parcels of
approximately eight acres and 3.95 acres each. --WW. ,
Applicant: Albertson's,Inc.(Don Duncombe) is
17001 NE San Rafael
` Portland,OR 97230
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a FINAL REMAND ORDER-CPA 93-09/ZON 93-03/SDR 93.14-ALBERTSON'S-144
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Agent: John W.Shonkwiler,P.C.
si Attorney at Law
1 13425 SW 72nd Ave. t' '
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Tigard,OR 97223 t
Owner: Margery Christ,et al. a
b + Route 1,Box 792 , '
{ Beaverton,OR 97007
Location: Southeast and northeast quadrants of the intersection of SW Scholls Ferry Road wJ .
and SW Walnut Street. (WCTM 2S 1,4BB,Tax Lots 100 and 200). 3
' 1 -
Applicable Review Criteria: r.
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(1)Generally: Statewide Planning Goals 1,2,6, 9, 10, 11, 13 and 14;Comprehensive
Plan Policies 1.1.1,1.i.2,4.1.1,4.2.1,6.1.1,6.4.1,6.6.1,7.1.2,7.2.1,7.4.4,7.5.2,7.6.1, x ` `
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8.1.1,8.1.3,8.2.2,8.4.1,9.1.3, 12.1.1,12.2,and 12.2.1 and 12.2.4;and
Community Development Code Chapters 18.22, 18.32, 18.56, 18.60, 18.61, 18.9o” _
18.100,18.102,18.108,18.114,18.120,18.130,18.162,and 18.164. 4 --
(2)On Remand: Statewide Planning Goal 6;Com P rehensive Plan Policies 4.1.1,4.2.1,
,'r -.
5.4, 6.6.1, 7.1.2, 8.1.3 (f)-(h), 8.4.1; and Community Development Code Chapter s.
�..J 18.61.055.
2. Background Information
t rAn area that included the subject property was annexed to Ci tyof Tigard on June 12, � r
1983. In August 1983,the City approved a variety of plan and zone designations for the
area, including Medium-High Density Residential (R-20, now R-25 zone), Medium --
Density Residential(R-12 zone),and Neighborhood Commercial(C-N zone).
The City subsequently approved the relocation of the C-N designation in a number of e #4
k locations in the vicinity between 1983 and 1986(Case files CPA 18-83/AC 14-83,CPA
4-85/ZC 4-85, CPA 1-86/ZC 3-86).The current C-N designation is located on Tax Lot t � f
100. In CPA 1-86 and ZC 3-86 the City Council ordered that the configuration of the C-
N designation would be modified to conform to the final alignment of Murray Boulevard. Yea r€
Subsequently,Walnut Street was constructed as part of the projected Murray Boulevard
alignment, thereby finalizing Tax Lot 100. The City Council confirms that the '-
f configuration of the former C-N designation on Tax Lot 100 is now 6.93 acres to conform
r with the final alignment affecting that parcel.A summary of past City actions pertaining i
to the commitments to the sire -nd location of the N-C designation is presented in the
staff report for an earlier Con:;:::iensive Plan Amendment proposed by Albertson's for
f
- this property(Case CPA 91-0003/ZCA 91-0006).
FINAL REMAND ORDER-CPA 93-09/ZON 93-03/SDR 93-14-ALBERTSON'S
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r A number of single family and multi-family residential developments have been proposed
for all or a portion of the sul v-ct property between 1986 and 1990(Case Files SDR 4-86,
S 87-04N 87-04, S 87-07,SUB 90-04/ZON 90-04/ VAR 90-08). Development has
{ recently occurred following the approval of Castle Hill Subdivision.
In 1991,Albertson's applied for a Comprehensive Plan Amendment and Zone Change
+ (CPA 91-0003/ZCA 91-0006)to establish an 8 acre Commercial General(C-G)site on
fr s
j Tax Lot 200. The request also involved the redesignation of the existing C-N site on Tax +
Lot 100 to Medium-High Residential(R-25). A final decision by the City Council was z rr
stayed at the request of the applicant.
Following this application,the City considered including a new Community Commerciale
zaning designation as part of the Comprehensive Plan and Community Development
Code. After lengthy review,the City adopted the Community Commercial designation in h
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December 1992.
On November 15, 1993 the Planning Commission recommended that the City Council 'a � VY
approve the application with the inclusion of conditions for an automobile accesst �"
driveway to SW Northview Drive, a pedestrian staircase to SW Northview Drive,
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conceptual�ut,dirg desia details which are consistent with the grocery store design,the
Planning Commission also recommended that an access plan for the 3.95 acr` parcels��.
south of the site and an improved interior parking lot pedestrian pathway system. ' $
On January 25, 1994 the City Council remanded the application back to the Planning s
Commission due to concerns related to roes ''
� p p rty owner notification,the findings within
the staff report and the appropriateness of proposed development within the Community k R
Commercial Zoning District. r
Subsequently,the applicant made the following revisions to the proposal as a result of
concerns raised at neighborhood meetings and issues raised by the City Council at the "
January 25,1994 Public Hearing:
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k (1)The proposed commercial uses on the pads opposite to the Albertson's pad have been
modified. The gas station and Shari's uses have been eliminated as prospective tenants.
The pads are shown as 4,000 square foot retail sites. ,
(2)A new brick wall has been proposed along portions of the proposed 8 acre parcel's i
property frontage on SW Northview Drive. t
t (3)The staircase entrance from SW Northview Drive has been modified to include a
series of 90 degree turns to obscure the staircase entrance.
(4)The applicant has agreed not to develop the site with tenants which would have 24-
hour commercial operations due to potential impacts to adjoining residential areas. K
(5)The applicant revised the site plan to provide a separate staircase from SW Northview
Drive to the grocery store building and separated pedestrian pathways for internal
` circulation between all buildings and through the center of the parking area.
FINAL REMAND ORDER-CPA 93-09/ZON 93-03/SDR 93-14-ALBERTSON'S-3
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(6)The site has been posted with a sign showing the proposed site development plan for
' ( the shopping center.
Eft ' (7)The applicant has also discussed transferring ownership of the multi-family area south
of the Albertson's site to the Castle Hill Neighborhood Association.
` (8)The applicant has provided a history of the application,a synopsis of the changes
7 which have been made to the plan,a security lighting plan,a noise study;and conceptual
plans for Albertson's store,the site plan,the wall proposed along SW Northview Drive.
MP-1 A-
y On November 7, 1994 the Planning Commission recommended that the City Council � �� .
` approved the application without the inclusion of conditions for an automobile access
{ driveway to SW Northview Drive. A portion of the Commission felt that the Council
1 should consider provision of a one-wav driveway which Minwe inaroec hilt nn, og--
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onto SW Northview Drive. Commission felt that the improved interior parking lot k r 3b
pedestrian pathway system was sufficient as proposed. �} R
4 J
The City Council reviewed the application, as modified, on December 13, 1994 and ,
approved the application,with conditions,on December 27, 1994. An appeal of the City Y C s�
Council's decision was subsequently Sled with the Land Use Board of Appeals(LUBA). ';
On October 20, 1995, LUBA filed a Final Opinion and Order (Order) remanding the > x
decision to the City. The LUBA remand sustained eight assignments or sub-assignments �4
r
of error relating to the following: ' .
f^>� 1.Transportation: Tigard Comprehensive Plan(TCP)Policy 8.1.3(t)-(h)and 8A.L ,
L„J LUBA Opinion at 14. E
2. Air/Water Quality:LCDC Goal 6. LUBA Opinion at 14-16. -
3. Air Quality Impacts:TCP Policy 4.i.1. LUBA Opinion at 16-17
4. Water Quality Compliance:TCP Policy 4.2.1. LUBA Opinion at 17. '
5.Commercial Compatibility:TCP Policy 5.4.LUBA Opinion at 20-22.
s 6. Buffering:TCP Policy 6.6.1.LUBA Opinion at 24-28.
7. Storm Drainage Facilities Feasibility:TCP Policy 7.1.2.LUBA Opinion at 28-29.
8.Design Criteria:CDC 18.61.055.LUBA Opinion at 31-33. :
3.Viciniy Information
Single family residential development in the Castle Hill Subdivision lies to the east and * ,
south. To the northeast is the Cotswald Subdivision which is of a similar character and
density. A day school is on the west side of SW Scholls Ferry Road. A few large lot
single family residences also exist to the north,south and west of the subject area. A r��
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' FINAL REMAND ORDER-CPA 93-091ZON 93-03ISDR 93-14-ALBERTSON'S-4 ' t
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quaiy operated by Morris Broihers Inc. is located to the southwest,across SW Scholls
/ Ferry Road. ;
>' R-25(PD)zoning surrounds the parcel currently designated C-N. The area south of the
proposed C-C designation is zoned R-12 (PD) and R-25(PD). The area across SW S
Scholls Ferry Road from this area is zoned by the City of Beaverton as R-2(multi-family, far 1 r
2,000 square feet lot area/unit). The average allowable density within a 1/2 mile radius of �'t
I the site is approximately 15 units per acre.
N7 res n
Other commercial sites within the general vicinity of the proposal include:Murray Hill
j Shopping Center located approximately 3/4 mile north on Murray Boulevard:Greenway
Town Center Shopping Center located approximately 1'/. mile east on Scholls Ferry
Road; Washington Square located approximately 2%2 miles east; several commercial Yr j`s
centers along Pacific Highway, including the Tigard Central Business District, located
approximately two or more miles to the southeast. R N
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4. Site Information a � , ,
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There are two properties involved in this application. Tax Lot 100 is 6.93 acres in size, 3 �
zoned C-N,and located on the northeast quarter of SW Scholls Ferry Road and Walnut
Street. This parcel is a vacant,grassy field with a relatively moderate grade.
Tax Lot 200 is 11.95 acres in size,zoned R 12(PD)and R-25(PD),and located on the w
`- southeast quarter of SW Scholls Road and Walnut Street. This property is also vacant,a r fX �
grassy field,but it slopes significantly downward away from the Castle Hill Subdivision #* `
to Scholls Ferry Road. 1Y
5. Proposal Descdption E �
The applicant has submitted a packet of materials which relate to the issues remanded by y
LUBA. The materials include studies related to transportation/traffic, and engineering .-
analysis/designs for treatment and compliance with regulations for "discharges" }
associated with the proposed development. t, t
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The application includes the following four separate components: Mr '
[ a
a.CPA 93-0009/ZCA 93-0003 * ,
A proposed change of the C-N designation on Tax Lot 100 to R-25,and change the R-12 �,
(PD)and R-25(PD)designation for 8 acres of Tax Lot 200 to C-C,leaving the remaining
j land use designations on the property as they are (see Applicant's Statement, Exhibit t f
XLIII). This change is proposed to be consistent with the requirements associated with. r
the City's C-C designation and the obligations of the City to maintain an adequate
inventory of multi-family residential plan.
FINAL REMAND ORDER-CPA 93-09/ZON 93-03'SDR 93.14-ALBERTSON'S-5
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1 The applicant proposes to develop a shopping center with a total of 57,550 square feet of
Lfloor space. This space includes a 40,000 square foot grocery store,9,550 square feet of ,
additional commercial space adjacent to the grocery store and two separate pad sites
totaling 8,000 square feet(see Applicant's Statement,Exhibit XLIII). The applicant has
provided preliminary site,grading,ut I ty,and landscaping plans. Conceptual building f
' elevations providing detail of proposed design features for the Albertson's and a model
for future structures have also been provided. i
A 40,000 square foot Albenson's Grocery Store and 9,550 square of commercial space 6 '
s j are proposed for the southern portion of the site. A truck access and loading area is
proposed along the south side of the building. The southern and eastern portions of the g
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site are proposed to be graded extensively and the south side of the main building would `<#
have a floor elevation that ranges from 8 to 24 feet below the existing grade.
A freestanding tenant pad site is proposed towards the southeast quarter of SW Scholls '
Ferry Road and SW Walnut Street, a second freestanding pad is intended for the ui
southwest comer of SW Walnut Street and SW Northview Drive. The applicant has
revised the application to indicate both pads are intended to be developed with retail uses. 5
The applicant has withdrawn a conditional use permit portion of this application. n
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The applicant has not submitted development plans for approval on any of the residential ," vn
areas on the subject properties. Conceptual development plans for the residential area has
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been previously entered into the record.
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In addition to the specific uses shown on a site plan and referred to in the Applicant's ,
statement,approval of other uses is requested. This is because all tenants of the center ,
I have not been committed. It is also expected that tenants will chane over time. The
additional uses which may be located at site and are permitted in the C C zone for
which the applicant requests approval are: x
Animal sales and services; ' h
Consumer repair services; K
Convenience sales and personal services; a `
Children's day care; '°fi +
Eating and drinking facilities; ;
General retail sales(less than 10,000 square feet); r
General offices(medical,dental,financial,insurance,real estate,professional and
administrative services);andr
Indoor participant sports and recreation. "
Three driveways are proposed on SW Scholls Ferry Road and one driveway is shown on l ,
j SW Walnut Street. Internal sidewalks are shown immediately adjacent to the commercial
s FINAL REMAND ORDER-CPA 93-09/ZON 93.03/SDR 93-14-ALBERTSON'S-6
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4 r buildings. Sidewalks lin:the V.-., pad sites with the public sidewalks on the perimeter of " a s
1 the project,a sidewalk and staircase connections are proposed between the grocery store
'_ and SW North
view Drive,and sidewalks are permitted through the parking area to the
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main building.
c. MLP 93-0013
5 ! The applicant wishes to create a sPna*atP a__._, .,,,.u,r snuppmg cemer. i ne otner �
3.9)acre parcel is to retain its existing designation for future residential development.
6. Agency and Neighborhood Commentsy $ a=
r The applicable agency and neighborhood comments have been received and included in
the record for consideration. t `
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7. Remand Hearing
M, .
The remand hearing on the application was limited to the assignments and sub- t
assignments of error sustained and requiring remand by LUBA's Order. This limitation
} was included in the public notice for the remand hearing. 04
B. FINDINGS:"
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1.Transportation: Tigard Comprehensive Plan(TCP)Policy 8.1.3(f)-(h)and 8.4.1.
LUBA Opinion at 14.
� � x
TCP Policy 8.1.3 (f) provides that "The City shall require as a precondition to
development approval that:Transit stops his fiamout lanes and shelterg be provided when the
—YIproposed use is of a type which generates transit ridership."
I The subject property and the intersection of SW Scholls Ferry Road and Walnut Street
are not currently served by transit ridership. Nor is the site in close enough proximately to be
served by transit ridership. The property is approximately 1/2 mile from the nearest Tri-Met
f route. The policy phrase "the proposed use of a type which generates transit ridership" is a
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interpreted to mean that it is a use which transit ridership facilities,such as Tri-Met bus routes, ,
x are already available to serve the site, and thereby necessitating the need for on-siteIN '
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improvements,such as transit stops,bus turnout lanes,etc. Therefore,TCP Policy 8.1.3(f)does
not require the Albertson's application to provide transit stops,bus turnout lanes,or bus shelters
associated with the site because transit ridership facilities are not currently available, norr"
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expected in the reasonably near future,to serve this site. The Applicant's statement,traffic study ` s 01: ,
¢' (Kittleson Report dated February 16, 1996) and Tri-Met's evaluation letter supports these
determinations.This policy is satisfied. rs
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FINAL REMAND ORDER-CPA 93-09/ZON 93-03/SDR 93.14-ALBERTSON'S-7s
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However, SW Scholls Ferry Road and Walnut Street are logical routes for future `
expansion as the demand for bus services increases. The Albertson's application includes
1 provision for future placement of bus turnout lanes,bus stop and/or shelter near the"mini-park" r ,
at the intersection of Scholls Ferry Road and Walnut Street. A traffic study conducted by x *;
Kittleson&Associates, Inc.,transportation planners and traffic engineers,determined that the
"1 future provision of these transit requirements are "feasible" due to the adequacy of the site r
jdevelopment plan. Although not currently required by the policy, the applicant has agreed to
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condition approval upon providina-ihP wren rwnr th.,
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amp,bus turnout lanes and shelters as required for future needs. Any potential application of
the policy is satisfied. 2 w'
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TCP Policy 8.1.3(g)provides"The City shall require as a precondition to development � *
approval that:Parking spaces be set aside and marked for cars operated by disabled persons and
that the spaces be located as close as possible to the entrance designed for disabled persons."
The proposed development provides handicapped parking spaces in compliance with the
Americans with Disabilities Act(ADA)requirements,and these parking spaces are located in
close proximity to the access points for the proposed grocery store,attached shop spaces,and tale x
two outlying commercial buildings. This determination is supported by the Kittleson Report `' �K�
td � 2=
(Exhibit D-3). The site development plan identifies the handicap parking locations. Policy 8.1.3 s
(g) will be satisfied with the condition of approval pertaining to re-locating two handicapped '
parking spaces and provision for additional spaces within the existing parking lot plan area for all '� }
other building sites throughout shopping center.The Applicant has provided a traffic report and a
•J site plan that identifies adequate area to satisfy the feasibility of the Applicant complying with rx ,
the requirements of TCP Policy 8.1.3(g)and its related condition of approval.
TCP Policy 8.1.3(h)provides"The City shall require as a precondition to development
approval that:Land be dedicated to implement the bicycle/pedestrian corridor in accordance with
the adopted plan."
The Applicant's site does not abut, nor is it transversed by a proposed designated
bicvcle/pedestrian corridor as identified in the City's adopted Plan. Therefore, Policy 8.1.3(h) *t
adoes not apply.
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t TCP Policy 8.4.1. provides "The City shall locate bicycle/pedestrian corridors in a2
manner which provides for pedestrian and bicvcle users, safe and convenient movement in all # * �
parts of the City,by developing the pathway system shovm on the adopted edestrian/bikewa
plan." P P y
The subject property;foes not abut,twr is it traversed by,a designated bicycle/pedestrian
corridor in accordance with the City's adopted plan. In accordance with the adopted pian, a ,
bicvcle!pedestrian corridor is designated to the west of SW Scholls Ferry Road and is intended to 2
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cross the future extension of Murray Boulevard. Since the acival route of the future
< transportation improvement is determined, the City is not required to designate a study area
` under TCP Policy 8.4.1. Further, the Applicant's proposed development provides sidewalks
along each property frontage with access to cross-walks at the intersections of SW Scholls F
Road at Walnut Street,and Northview Drive and Walmrt SL.,,.:. inc Applicant has satisfied this
policv hy a,u pedestrian orientation throughout the development of a walkway
system to and from adjoining streets. This will, in turn, link bicycle/pedestrian access to
sidewalk connections along SW Scholls Ferry Road and the future extension of Murray i
Boulevard; thereby eventually linking to the proposed bicycle/pedestrian corridor located ;i '
immediately west of SW Scholls Ferry Road when it is constructed. The Applicant has also
proposed to provide a potential bus turnout lane,bus stop and/or shelter location on SW Scholls
Ferry Road near the intersection of SW Scholls Ferry Road and SW Walnut Street in anticipation y fey
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of future transit service.This policy is satisfied. �#
2.Air,Water and Land Resources Quality:LCDC Goal 6. LUBA Opinion at 14-16. &
The air,water and land resources quality requirements under LCDC Goal 6 are satisfied � o
.
by the proposal.This requirement necessitates an analysis of the"discharges"that are projectedWg
to result from the Albertson's development, including air quality, solid waste,thermal,noise, F "
atmospheric or water pollutants, contaminants, or products there;o,:.. The Applicant has nY
Provided an engineering study analyzing and providing design details to satisfactorily address all
waste and process discharges from the proposed development. This study,the Westech Report,
E identifies that the Albertson's application will not violate or threaten to violate applicable city, _°� 3
._
state or federal environmental quality statutes,rules and standards.
jj In accordance with the Westech Report, solid waste shall be stored and removed in � �'"
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compliance with all applicable regulations for design,construction and location of solid was KF_
g equipment. pp p y city, state or federal
storage areas and a ui ment. The Applicant's plan does not violate an
thermal discharge-^^ulat,o,-,s because atmos heric thermal discharges are not regulated for the
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proposed type of uses. Regulations relating to waterway thermal discharges do exist,but the
proposed application does not involve their application. With the Applicant using evaporative
condensers for its building, all applicable regulations for noise shall be satisfied by the site
development plan.
! Similarly, all atmospheric or air quality requirements are satisfied by the proposed ` "
development. The water pollutants regulations are also satisfied. The Westech Report has
incorporated the design requirements for water discharge facilities adequate to satisfy all city,
state and federal requirements for water quality and quantity control.As a result,the applicant Fr`
has shown substantial and reliable evidence to establish the feasibility of Albertson's compliance !
with LCDC Goal 6 requirements.
3. Air Quality Impacts:TCP Policy 4.1.1. LUBA Opinion at 16-17
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The Westech Report describes the applicable criteria of TCP Policy 4.1.1 as they apply to
the potential air quality impacts of the Albertson's application. The report identifies that an
FINAL REMAND ORDER-CPA 93.091ON 93-03/SDR 93-14-ALBERTSON'S-9
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Indirect Source Construction Permit Application is presently being prepared and will be
r-� submitted to the DEQ.
DF . The e.StCCu
Repoli identifies that this 8vuiii:alivn camp11es :iRtI1 all
appucame standards and has a high feasibility of being approved by the DEQ. In addition,the C-
C zone and the surrounding residential properties will result in fewer and shorter automobile trips
to obtain commercial goods and services. The proposed center,as designed and conditioned,
will provide for ease of access to the surrounding neighborhoods. This in turn will help satisfy
Policy 4.1.1 by reducing potential air quality impacts from the new residents and their
automobiles. `+'r
Opponents assert that the Applicant failed to address each of the requirements under TCP
Policy 4.1.1. However,the Westech Report submitted by the Applicant identified that all of the
requirements under this policy are implemented through compliance with Oregon's Indirect
! Source Review Program. The Westech Report identified the applicable criteria and '
methodology establishing that the Applicant would be able to comply with these requirements X,
and obtain the necessary permit. The Report further identified that Westech had contacted the
DEQ,conferred on the requirements and expectations of compliance feasibility,and incorporated
those statements within the Report. The Applicant shall be required to obtain approval of the
Indirect Source Construction Permit, if such permit is still required prior to construction,as a '
condition of approval for this land use application. Such permit should not be required in
advance of approving this application due to the DEQ proposing to modify its regulations so that
the permit may not e required Applicant see',- bili d'^
P h. before the 1 .,g permits. ThPrrfnre; the
applicability and approval of the permit shall be made a condition of approving this land use �x rgr
application,
This policy is satisfied by the Applicant's submittal and plan, and the Applicant has x ,
provided substantial evidence of its feasibility of compliance with the associated conditions of 1,
approval. `
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4. Water
Quality Compliance:TCP Policy 4.2.1. LUBA Opinion 17 O inn a .
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This policy requires "All development within the Tigard urban planning area shall
comply with applicable federal, state and regional water quality standards." The Applicant's
engineering study, the Westech Report, establishes that the Applicant complies with all the " k
requirements of this policy. In particular,the report identifies at pages 5 through 9 that the water '
quality facilities designed for the Albertson's site are intended to comply with all applicable
federal,state and regional water quality standards. The report further describes these standards, s ,'
how they are being complied with and that Albertson's compliance with these standards is I
feasible.
Also,this policy will be satisfied through the development review and building permit _
processes at which time a development proposal for this site must be shown to comply with
applicable federal,state,and regional water quality requirements including implementation of the
non-.source pollution control plan in compliance with the Oregon Environmental Quality
Commission's applicable rules for the Tualatin River Basin. The proposed redesignation would
FINAL REMAND ORDER-CPA 93-09/ZON 93-03!SDR 93-14-ALBERTSON'S-10
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r; µn Policy 4.2.1 and has established feasibility for compliance with all associated conditions of
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approval. >
5.Commercial TCP Policy 5.4.LUBA Opinion at 20-22. ,
TCP 5.4 provides: "The City shall ensure that new commercial and industrial f
development shall not encroach into residential areas that have not been designated for '
commercial or industrial uses."
j Albertson's application affects a "residential area" that includes the residential and }
R commercial lands surrounding the intersection of Scholls Ferry Road and Walnut Street. This F
i "residential area"includes the existing Neighborhood Commercial located at the northeast corner
i of this intersection, the 8 acre parcel proposed for community commercial, the Castlehill < 'h
residential subdivision located in the southeast of the intersection, and the multifamily
r
designations located to the west,northwest and south.
i �TheaPPlication also proposes to replace the existing designated commercial use MC) inAR �1
this residential area with a "Community Commercial" designation. The phrase "residentialg5lf
` area,"referred to in TCP 5.4,includes the area and uses identified in the above paragraph.Asa " `
result, the proposed C-C designation in this residential area will not create new commercials ,
i where no cortunercial previously existed. The N-C designation already existed in this designated _ k � '
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"residential area';and the C-C designation will replace it and shift it across Walnut Street to the x
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other comer(all within the same"residential area").
TCP 5.4 does not rest ct dii mui types of commercial,changes in size or changes in
type of commercial under this policy. The policy is intended to address restricting the � $ t
encroachment of new commercial in residential areas where no commercial previously existed.
Since the Applicant's proposal changes one type of commercial to another type where a
commercial designation already existed in this residential "area", Albertson's application
complies with TCP 5.4.
Nevertheless, the Albertson's proposal replaces approximately 7 acres of N-C with 8 5
acres of Community Commercial within the same residential area.The Kittleson Traffic study
submitted by the Applicant in the earlier land use hearings identified that the traffic impacts
between 8 acres of C-C use and the commercial designation on 6.93 acre parcel(current C-N a+i
designation) are nearly equivalent. The Westech Report submitted by the Applicant further 4
identifies that there will be no significant offsite impacts by the Applicant's development and the n
"discharges" from the project will be contained or filtered to comply with all applicable
governmental requirements and standards. Further,the reduced commercial square footage and
allowed uses,increased area for landscapingfbuffering,and increased dedication of area for right-
of-way
ight-ofway along Scholls Ferry Road,renders the commercial usage of the eight acre parcel nearly
equivalent in size and impacts with potential development of Tax Lot 100 as commercial.The y
net impact to surrounding residential uses is not significant. # i
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FINAL REMAND ORDER-CPA 93-09/ZON 93-03/SDR 93-14-ALBERTSON'S-I 1
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Moving the commercial from the northeast comer of the Scholls Ferry Road and Walnut
Street intersection to its southeast comer will allow the commercial use to be excavated into the
hillside. This relocation of the commercial across the street is not precluded by TCP Policy 5.4
since the new location will still be within the same residential area. This new location will
provide better buffering and the opportunity to greatly diminished adverse impacts to
surrounding residential uses. As a result, Albertson's proposal provides a better compatibility
between commercial designations and residential uses in this "area" than the previously
designated N-C use and Tax Lot 100 location. Moreover,the Albertson's application complies }
With in i. .i ^!^^feria identified in the comprehensive plan for "Community Commercial" l
designations. TCP Policy 5.4 is intended to be satisiuu Ly '`z ---^A.^i-1 mennlicant
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complying with all the applicable locational criteria under TCP Policy 12.2.1. Where the [
i applicant satisfies,as has Albertsons,all of the locational criteria for Community Commercial y A
f under TCP 12.2.1.4.13, the requirements for TCP Policy 5.4 are also satisfied. The findings
i pertaining to TCP 12.2.1 were previously appealed to LUBA as the "Eighth Assignment of -,
Error";and those findings were found lawfully adequate. k x
Opponents asserted that the Applicant had failed to satisfy the requirements of TCP r x
Policy 5.4. The Opponents based their argument upon the policy's definition of"residential
area",and assumed that would be a 1 1/2 mile radius from the Applicant's property. However,
4.
` the City Council interprets the policy language to mean the residential area surrounding the
Applicant's property as defined above in this section. The Opponents also argued that TCP `-
Policy 5.4 application requires a comparison of development limitations between C-N and C-C
11 zones. However,the C-N zone for this"residential area"was the result of an earlier"mistake"at
the time the area including the Applicant's site was annexed by the City. Therefore, the ' '
development limitations of the C-N zone are irrelevant for this analysis. The Community ZACC w
Commercial designation is intended to full replaced the former C-N designation in this ,-
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"residential area."
The Applicant has satisfied all the requirements of TCP Policy 5.4. E
6. Buffering:TCP Policy 6.6.1.LUBA Opinion at 24-28.
r TCP Policy 6.6.1 pertains to buffering and screening between different types of land uses _ t7
and imposes factors to be considered in determining the type and extent of the required buffer or
screen. The City has also adopted CDC 18.100 to implement this comprehensive plan policy for ,
landscaping and screening. In the prior decision, specific findings set forth Albertson's
compliance with all the applicable requirements of CDC 18.100. These findings were not F
appealed to LUBA from the prior decision. As a result, these findings,presently,are deemed
legally valid. Since CDC 18.100 was adopted to implement TCP Policy 6.6.1,a determination of
compliance with CDC 18.100 shall be deemed as satisfying the requirements of TCP Policy
6.6.1.The applicant has complied with all the requirements of TCP Policy 6.6.1.
In any event, Albertson's site development plan fully complies with the specific
provisions of TCP Policy 6.6.1. Under TCP Policy 6.6.1.a.1, the City is to determine the _
J "purpose of the buffer'. In this case,the potential buffering or screening factors for"noise"and
14-ALBERTSON'S•12
FINAL REMAND ORDER-CPA 93-09/ZON 93-03/SDR 93
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' "air pollution" are either not significant or are effectively resolved by the design plan. The
' r Applicant has submitted an engineering study, the Westech Report, which identifies that the
Albertson's application complies with all applicable noise emission regulations and will not
create off-site noise problems for surrounding neighborhoods. Similarly,the report identifies
that there are no atmospheric pollution emissions generated from the proposed use.Nevertheless,
Albertson's proposed landscaped buffer and screening will provide an effective buffer for any
= " ` potential noise and air pollution that might be generated by the proposed commercial use and
any prospective changes in use or tenants.
As a potential "air pollution absorber","noise filter", "dust filter"and"visual barrier",
the proposed Albertson's landscape plan satisfies and exceeds City requirements. For the
purposes of the buster,the wiotn and height ac uoiwcu L.%u% io.ivv. 113c ntiF""
under the CDC 18.100.070.13 and 18.100.130 establishes that the applicant must provide at least
j 10 feet of buffer and/or screening between the proposed shopping center site and nearbyku, r ,
residential uses. The site development plan provides for excavation of the site to lower the grade } -,
1 approximately 24 feet near the single-family residential area on the southeast and the multi- _`
I family area on the south. This excavation will also reduce the noise associated with the loading
! area designed for the rear of the grocery store structure by screening the loading area with the ;.
large building and the 24 foot deep landscaped slope. Between these residential uses and Lia `
proposed commercial uses will'be landscaped areas that range in width between 37 to 60 feet on
the southeast and between 20 to 82 feet on the south. The Albertson's landscape plan designates
these buffer areas as also providing an"Evergreen Screen"to provide a year-around buffer and
screened area.The types and sizes of plants are specifically identified on the"Landscape Plan" Asp.
and they comply with the City's requirements.
In addition to landscape buffering and screening along the Northview Drive,the applicant
is also providing a brick wall the entire length of the subject property. Landscaping widths
between the parking lot and Northview Drive on the southeast range between 30 to 45 feet
Again,the types and sizes of the plants are identified on the"Landscape Plan." Landscaped
buffers along Walnut Street and Scholls Ferry Road(the northeast,north and northwest bordersw
of the site)range in width between 26 to 135 feet.The overall landscaping plan exceeds the City
Code's 20%requirements by providing almost 30%landscaped buffers and screens around theWJX
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perimeter of the site. , .
The landscaped buffer and screening plan surrounds the entire site and thereby provides { "
adequate buffering and screening between the proposed commercial use and the single-family `
1 residential to the southeast,the multi-family residential to the northeast,north,west and south.
The buffer and screening is also sufficient for both stationary and mobile viewers along or
{{ abutting Scholls Ferry Road, Walnut Street and Northview Drive.The multi-family residential
designated property to the south will provide stationary viewers,and the proposed landscaped
area separating these uses will provide an effective buffer and screen. The"Landscape Plan"
calls for a solid year-around"Evergreen Screen"along this entire perimeter. This screening is
also extended for the length of the building along Northview Drive. A solid ornamental brick
-. wall is also proposed along Northview Drive to provide an additional and adequate screen
between the proposed commercial use and the single-family residential area to the southeast.
` FINAL REMAND ORDER-CPA 93-09/ZON 93-03/SDR 93-14-ALBERTSON'S-13
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Special screening is not necessary along Scholls Ferry Road and Walnut Street. The neighboring M
uses are separated by at least 45 feet of roadway,additional distance for sidewalks and additional _
depth of the proposed landscaping. The Applicant's landscaping in these locations substantially
exceeds the depth requirements of the applicable code.Also,the traffic impacts along Scholls =
Ferry Road and Walnut Street,not associated with the proposed development,are substantial and
mask impacts created at the Albertson's site.
{ The application complies with all applicable requirements of TCP Policy 6.6.1,
1 inciuding all requirements pertaining to noise impacts. The Applicant has previously submitted a
noise study and a current engineering study that establishes the Applicant's compliance with all
j regulations pertaining to noise generation by the proposed uses. The Applicant's buffering and
screening details in its landscape plan provide additional assurances that all potential noise t>_
impacts will be sufficiently mitigated.
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7. Storm Drainage Facilities Feasibility:TCP Policy 7.1.2.LUBA Opinion at 28-29.
Albertson's has designated a portion of the landscaped area along Scholls Ferry Road as
-•,:.:__ ,__ , a. a applicable ,.,ter 1'r.. .,..d
the location for the storm drainage facilities that will satisfy at. app t..abl .. quality wn
quantity requirements under TCP policy 7.1.2. in addition, the Applicant's engineers have
completed a storm drainage facilities analysis and designed a system to satisfy all these
requirements(the Westech Report).The report identifies specific requirements,calculations for
compliance and design characteristics for both water quality and quantity. The report concludes f tr
that: `Both of these requirements are met by stormwater facilities we have designed and
�•.t presented in detail in the report". The Westech Report also establishes the "feasibility" of �
�,
Albertson's ultimate compliance with the applicable conditions of approval, and constitutes r 5
sufficient substantial evidence for a respective finding. The Applicant has complied with the ;
%Z,§
requirements of TCP Policy 7.1.2. IS
8.Design Criteria:CDC 18.61.055.LUBA Opinion at 31-33.
Section 18.61.055 contains a number of design guidelines and standards for C-C
development. The basic design concepts presented by the applicant are consistent with these
Code provisions. The Applicant's revised plan shows to a new sidewalk along the southern side
of the central driveway access along SW Scholls Ferry Road.The northern most driveway access µ ;
j along SW Scholls Ferry Road already has a sidewalk paralleling the driveway through the"mini- <r
park". This Code section will be satisfied with a condition of development approval requiring
the addition of one more walkway along the northern side of the driveway entrance located at the j>
southern end of the property along SW Scholls Ferry Road.The revised Site Plan includes new
walkways through the center of the parking lot(north and south)and a cross-walkway between
the commercial pads(east and west). These walkways are raised where adjacent to parking stalls
and consisting of distinctive materials or markings where located across driving corridors. The
revised plan also includes a staircase walkway from the grocery store to SW Northview Drive to
satisfy pedestrian connections for that adjoining area. These additional walkways, along with
added walkway associated with the driveway along Scholls Ferry Road,satisfy the requirements
in CDC 18.61.055. Other revisions by the applicant include provision of evaporator units placed
FINAL REMAND ORDER-CPA 93-09/ZON 93-03!SDR 93-14-ALBERTSON'S-14 -
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behind the building at mezzanine level to assure compliance with regulations pertaining to noise I
impacts; requested details for the landscaping plan showing sizes, locations and species of I
landscaping materials;and details of cut-off shields on lighting fixtures;all in compliance with
the applicable provisions under CDC 18.61.055. + '
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Section 18.61.055 A. 1.contains building design guidelines which have been satisfied.
The Applicant has provided a design for the grocery store and a list of required design criteria for
all subsequent structures which are sufficient for assuring compliance with the Code provisions
for all structures on the site. Although the grocery store will have blank walls facing SW
Northview Drive, this building elevation will be screen from view by landscaping and the fi`
excavated embankment,and should result in a pleasing appearance. I ;
iuw u6 resiaenuai uses. The € "u x , i
proposed loading area abuts an undeveloped residentialu parcel and is near Castle Hill
Subdivision. Because of the proposed grading of the site,the loading area will be approximatelyr
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24 feet below the existing grade. This design serves to mitigate noise impacts to adjoiningYY
residential areas along with the landscaping and year-around screening; and will also provide a
j� atter-clo visual buffer. '
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,: pedestrian circulation on r r 3
Section 18.61.055.B. 1.requires internal walkways to.u.r..,a, ._
the site. The revised site plan shows walkways in the vicinity of the building locations and
throughout the parking area. As identified above and with the condition of approval requiring an a
r additional walkway along the southern most driveway entrance on SW Scholls Ferry Road,the h
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revised site plan provides sufficient walkways and accesses to comply with this Code
requirement. f
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Section 18.61.055.B.2.and 3.are complied with by the Applicant's plan,submittals,and
with the required conditions of approval.
C.DECISION:
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1. Approval of CPA 93-0009/ZCA 93-0009 to change the Comprehensive Plan and
Zoning designations on Tax Lot 100 (Washington County Tax Map 2S1, 4BB) from A
Neighborhood Commercial (C-N) to Medium-High Residential/Planned Development F �
-25(PD)I,and to change the Comprehensive Plan and Zoning designation for 8 acres of
( ( )l, S P g g s
Tax Lot 200 from Medium and Medium-High Residential/Planned Development,R-25,
to Community Commercial(C-C). t'
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. The i r
Comprehensive Plan and zoning map amendments shall be finalized at the time a
i� building or other development permit(e.g.,grading)is issued. It is further ordered that
a{ the applicant and parties to these proceedings be notified of the entry of this order.
1 ` 2. Approve the Site Development portion of the application with the following
FINAL REMAND ORDER-CPA 93-09/ZON 93-03/SDR 93-14-ALBERTSON's-15 rk
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conditions(unless otherwise noted,all conditions shall be satisfied prior to issuance of �•
building permits): ~
a. A revised site plan shall be submitted for approval which includes the following
modifications: •
(1) A walkway along the northern side of the driveway entrance located at the {
southern end of the property along SW Scholls Ferry Road shall be provided.
Differing walkway materials shall be used to designate walkway areas. Bicycle tk [O
racks shall be provided within or near the columned facade area in front of the
grocery store structure.
(2)A staircase sidewalk from the grocery store shall connect with SW Northviewx Y
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(3)Two of the proposed handicapped parking spaces in front of the grocery store ,
(the northwesterly spaces)shall be moved to the parking area immediately in front
of Building"A"next to the Albertson's grocery store location.In compliance with ' 1 :
TCP Policy 8.1.3,standard handicapped parking spaces shall be required for all
commercial uses throughout the site as buildings are constructed.
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(4)Details concerning the screening of all mechanical equipment to be used on v .>•
f the perimeter of any building or on the roof shall be supplied by the applicant
J prior to issuance of building permits for that building."
(5)All cooling units shall be as specified within the noise study dated September � � µ
29, 1994. The study recommended the use of quieter evaporative condensersa
located within the mezzanine level of the store rather than air cooled condensers l£ r
units located on the roofIM
a ,
(6) The landscaping plan and landscaping shall achieve a minimum of 35% u t
canopy coverage at maturity over the parking stall areas.
(7)Building design details shall be provided for the entire development consistent ��ZZ1
with the model details incorporated in the approved first building. Of key 3 a
importance is consistent size and scale of buildings and signs.The applicant shall
create a sign program for the center identifying the size,location and design of all
freestanding and wall signage.
(8)All lighting fixtures shall use the cut-off shields identified by the Applicant to
prevent the spillover of light to adjoining properties.
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(9)If the driveway design is utilized which would intersect with SW Northview
Drive south of the comer pad towards SW Walnut Street, construction of a :
1 / driveway along the southern property towards SW Scholls Ferry Road should be
FINAL REMAND ORDER-CPA 93-09/ZON 93 03/SDR 93-14-ALBERTSON'S-16
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Albertson's site.
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STAFF CONTACT:Mark Roberts,Planning Division. CA
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b. Two(2)sets of detailed public improvement plans and profile construction drawings
A mow
shall be submitted for preliminary review to the Engineering Department. Seven(7)sets
of approved drawings and one(1)itemized construction cost estimate,all prepared by a F�
Professional Engineer,shall be submitted for final review and approval (NOTE: these ?! L
plans are in addition to any drawings required by the Building Division and should only `
I include sheets relevant to public imorovementsl. STAFF CnTvTArT• TA—
Engineering
Engineering Department. _ =
c. Building permits will not be issued and construction of proposed public improvements
shall not commence until after the Engineering Department has reviewed and approved
the public improvement plans and a street opening permit or construction compliance '
agreement has been executed. A 100%performance assurance or letter of agreement,a r �
developer-engineer agreement, the payment of a permit fee and a sign
installation/streetlight fee are required. STAFF CONTACT:John Hagman,Engineering x
Department. '
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d. Additional right-of-way shall be dedicated to the Public along the SW Scholls Ferry a,
Road frontage to increase the right-of-way to 37 feet from the centerline. If the existing r
/ right-of-way has been dedicated to the required width,the applicant shall submit survey
and title information to confirm. The description of any additional right-of-way shall be
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� tied to the existing right-of--way centerline. For additional information contact
Washington Count Survey Division. In the future when transit ridership is extended to 3
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the subject property;the applicant maybe required to provide transit stops,bus turnout
lanes and/or shelters at or near the "mini-park" in accordance with the design
specifications of the City's Engineering Department. The City may elect to require such
construction after duly providing notice to all landowners within 250 feet of the site and '
conducting a scheduled public hearing for such decision. '` •'
e. Standard half-street improvements,including concrete sidewalk,driveway apron,curb, } °
asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and ;
underground utilities shall be installed along the SW Scholls Ferry Road frontage, £
including the frontage of all parcels within the minor land partition. Improvements along
SW Scholls Ferry Road shall be designed and constructed to Washington Countyt
Uniform Road Improvement Design Standards and shall conform to an alignment
approved by the Washington County Engineering Department. For additional ?
information contact Washington County Engineering Department.
f. The applicant shall obtain a facility permit from the Department of Land Use and
J Transportation of Washington County,to perform work within the right-of-way of SW
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FINAL REMAND ORDER-CPA 93-09/ZON 93-03/SDR 93-14-ALBERTSON'S-17
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r"1 Scholls Ferry Road. A copy of this permit shall be provided tc the City Engineering x
} Department prior to issuance of a Public Improvement Permit.
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g. Standard half-street improvements, including concrete sidewalk, driveway apron,
streetlights,and underground utilities shall be installed along the SW Northview Drive, _®
including the 3.95 acre multi-family frontage of SW Northview Drive. Improvements
f shall be designed and constructed to local street standards and shall conform to the
alignment of existing adjacent improvements or an alignment approved by the
Engineering Department. STAFF CONTENT: Michael Anderson, Engineering ilr
Department. e . �::__ k_.r
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' h. Thea applicant shall submit sanitary s r `
pp ary sewer plans to the City of Beaverton for their ff
{ approval. The plans shall also be submitted for the review and approval of the City of k =a
Tigard Engineering Department. A copy of the approved plans shall be provided to the
City of Tigard prior to the constriction of any public improvements. ,
Kwlk
i. The applicant shall provide an on-site water quality facility as established under Ile .
guidelines of Unified Sewerage Agency Resolution and Order No. 91-47. Submitted 19,� � �*
design information shall include an operation and maintenance plan. STAFF E r�- r Y�sa
CONTACT:Greg Berry,Engineering Department.
j.The Applicant shall demonstrate that storm drainage runoff can be discharged into the
.
' existing drainageways without significantly impacting properties downstream. STAFF
3 CONTACT:Greg Berry,ry, Department.
k. The proposed privately operated and maintained sanitary sewer plan-profile details
shall be provided as part of the public improvement plans;and the storm drainage system
plan-profile details shall be completed in accordance with the Westech Report submit by
the applicant. STAFF CONTACT:Michael Anderson,Engineering Department.
I.The applicant shall obtain a"Joint Permit"from the City of Tigard. This permit shall
meet the requirements the NPDES and Tualatin Basin Emotion Control Program. '
STAFF CONTACT:Michael Anderson,Engineering Department.
m. A grading plan shall be submitted showing the existing and proposed contours. A
soils report shall be provided detailing the soil compaction requirements. STAFF r
'. CONTACT:Michael Anderson,Engineering Department.
n. The applicant shall provide a geo-technical report that addresses the slope stability
adjacent to SW Northview Drive and the overall grading conditions of the proposed
development,in accordance with the requirements of Chapter 70 of the Uniform Building r
Code. STAFF CONTACT:Michael Anderson,Engineering Department. #
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o.The applicant shall underground the existing overhead facilities along each frontage or .
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FINAL REMAND ORDER-CPA 93-09/ZON 93.03/SDR 93-14-ALBERTSON'S-18
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4 pay the fee in-lieu of undergrounding. STAFF CONTACT: Michael Anderson,
Engineering Department.
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p.An erosion control plan shall be provided as part of the improvement drawings. The
g plan shall conform to"Erosion Control Plans-Technical Guidance Handbook,November I
1989. STAFF CONTACT:Michael Anderson,Engineering Department.
q.The applicant shall provide a construction vehicle access and parking plan for approval
by the City Engineer. All construction vehicle parking shall be provided on-site or within
the�w Nortnview llnve and SW Walnut Street right-of-way. No construction vehicles k A„
or equipment will be permitted to park on the adjoining residential public streets. j t
Construction vehicles include the vehicles of any contractor or subcontractor involved in ! s
the construction of the site improvements or buildings proposed by application,and shall i t'r rk.
include the vehicles of all suppliers and employees associated with the project. STAFFr `,,
CONTACT:Michael Anderson,Engineering Department.
r. As a further condition of approval,duly given prior notice(s)and a scheduled public , }
hearing(s) shall be given for any discretionary decision to allow change(s) in the ` �`�''
approved application, such as for any discretionary decision to allow change(s) in the
approved application, such as for future construction of an automobile access from the
PP PP 3
site to Northview Drive, or changes outside mere compliance with mandatory code
provisions and regulations affecting compliance with any condition of approval identified ' .
herein. STAFF CONTACT:Mark Roberts,Planning Division. :,
i s. The applicant and all tenants of the shopping center shall restrict the use of mechanical
01
parking lot sweepers, auxiliary generators, truck-loading activities and other similar
excessive noise generating activities to the hours of operation from 6:00 am.to 11:00
p.m.daily. STAFF CONTACT:Mark Roberts,Planning Department.
t. Windows shall be included in the grocery store facade facing SW Walnut Street by
including at least one window in each bay of the columned facade area(constituting not wx _
less than a total of four windows). STAFF CONTACT: Mark Roberts, Planning
Division. t
u.The applicant shall provide a covered walkway in front of the grocery store,and in
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particular the entrance way; and the columned facade area may be used to serve this f n
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purpose. STAFF CONTACT:Mark Roberts,Planning Department. �s
v. The applicant shall maintain a minimum of a five-foot wide unobstructed walkway
area in front of the grocery store that is free of display materials or other pedestrian
obstructions. STAFF CONTACT:Mark Roberts,Planning Department. ;,
w.The driveway entrance at the southwestern comer of the site along SW Scholls Ferry G,
Road shall be moved approximately eighteen (18) feet to the south to comply with
Washington County standards for driveway alignments with the proposed driveway
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1 FINAL REMAND ORDER-CPA 93.09/ZON 93-03/SDR 93-14-ALBERTSON'S-19
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s access across from SW Scholls Ferry Road to the west. STAFF CONTACT: Mark' 1
Roberts,Planning Division.
x. In the future the applicant may be required to provide an automobile driveway, in } }
accordance with the design specifications of the City's Engineering Department, for
access to and from the parking lot to S W Northview Drive,as follows: f
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s ki)iUo tUlUle U11VUWay WUUIU UU luvatou SUUL11 U1 dic nutanng pau situated near
the intersection of SW Walnut and Northview Drive. '+ s
(2) The applicant will provide the City with a permanent easement for such
ingress and egress prior to occupancy.
(3)The applicant will be responsible for payment of costs of construction of such y44
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driveway,if and when it is required to be constructed. , u t
(4)The City may elect to require construction of such driveway access after duly 3
providing notice to all landowners within 250 feet of the site and conducting a ��
schedule pub!ic hearing for such decision.
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y. The applicant shall obtain an Indirect Source Construction Permit to comply with the , ,
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requirements of TCP Policy 4.1.1. In the event that the DEQ revises its regulations and -
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standards so that the applicant is no longer required to obtain such a permit prior to
construction,the applicant shall provide the City with verification from the DEQ. 4;
3. Final Plat Application Submission Requirements:
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1 A. Three copies of the partition plat prepared by a land surveyor licensed toR.
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} �3 p------r In Oregon,?nd P.eCeS�w�,data or n—arrative.
B. The partition plat and data or narrative shall be drawn to the minimum '
standards set forth by the Oregon Revised(ORS 92.050), Washington County, a
' and by the City of Tigard. ,
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C. Copy of boundary survey.
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STAFF CONTACT:John Hadley,Engineering Department.
THE FOLLOWIN-Q-CONDITION(S) SHO D B REQUIRED PRIOR TO FINAL OC- i .
CUPANCY P .RMIT:
4. Provide the Engineering Department with a recorded mylar copy of the final survey; YAft
or if not recorded with Washington County but has been approved by the City of Tigard
the applicant shall have 30 days after recording with Washington County to submit the $ ' aE
copy.
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FINAL REMAND UP.DER-CPA 93-09/ZON 93.03/SDR 93-14-ALBERTSON'S-20
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f D.RULING ON ADMISSION OF EVIDENCE , z�y= SO �+
$�t Opponents have submitted documents and a memorandum for admission into evidence at R%
,r� µr , the City Council hearing on April 23, 1996. The Applicant in its rebuttal statement has objected
' to onlythe admission of evidence and testimonyas to the size of Tax Lot 100's C-N designation
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bein allegedly 5 acres in s��P rt a r:.,.n ..--:� L__ ,__:�_� a' •. •,
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evidence and testimony into the record. However,in reviewing this evidence and testimony,the s
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City Council has taken into consideration the arguments raised by the Applicant as to the weight j ob+ g, and reliability that should be considered for this evidence.
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