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City Council Packet - 09/27/1994 d Revised 9/20/94 CITY OF TIGARD OREGON PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. Times noted are est/mat n it Is recommended that persons Interested in testifying be present by 7.15 p.m. to sign in on the testimony sign-in sheet: Business agenda items can be heard in m QnMz afer 7:30 Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Dead. Upon request, the City will also endeavor to arrange for the following services: • (qualified sign language interpreters for persons with speech or hearing impairments; and • Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deao. SEE ATTACHED AGENDA COUNCIL AGENDA - SEPTEMBER 27, 1994 - PAGE 1 . CITY COUNCIL MEETING SEPTEMBER 27, 1994 AGENDA • STUDY SESSION (6:30 p.m.) • Executive Session: The Tigard City Council may go into Executive. Session under the provisions of ORS 192.660 (1) (a), (d), (e), (f) & (h) to discuss employment of public officers and employees, labor, relations, real property transactions, exempt public records and current and pending litigation issues. • Agenda Review 1. BUSINESS MEETING (7:30 p.m.) 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of A Iegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 2. PROCLAMATIONS - MAYOR SCHWARTZ 2.1 Proclaim October as Crime Prevention Month 2.2 Proclaim October as Disability Employment Awareness Month 3. VISITOR'S AGENDA (Two Minutes or Less, Please) 4. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 4.1 Approve Council Meeting Minutes: August 16, 23; 30; September 13 and 15, 1994 4.2 Approve Encroachment Agreement Cascade Homes Development, Inc. - Resolution No. 94- 4 1 4.3 Highway Bridge Replacement & Rehabilitation Agreements - Authorize Signatures 4.4 Amend Storm Drain Capital Improvement Projects List 4.5 Water System Assets & Liability Allocations - Resolution No. 94-42 4.6 Appoint Lonn Hoklin to the Library Board - Resolution No. 9443 4.7 Local Contract Review Board a. Approve Contract and Award Project to OBEC Consulting Engineers for the Engineering Design and Construction Management Services for Reconstruction of the Grant Avenue and Tiedeman Avenue Bridges b. Award Contract for Engineering Design Services for the 130th/Winterlake Drive Connection to OBEC Consulting Engineers and Authorize the City Administrator to Sign the Contract c. Authorize Advertisement for Bids for the S.W. 96th Avenue/Scott Court - Storm Sewer Capital Improvement Project COUNCIL AGENDA - SEPTEMBER 27, 1994 - PAGE 2 11111 ig 1! 11 1! ill 1 MAN 11 0 Owl Imm d , 5. PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION ZCA 94-0003 BURGHARDT LOCATION: The southeast corner of Hall Boulevard and Spruce Street (WCTM 1S1 35AD, tax lot 2900). A request to annex one parcel of 0.24 acres into the City of Tigard and to change the comprehensive plan and zone from Washington County R-15 to City of Tigard Medium Density Residential R-12. The applicant intends to partition the lot upon annexation. ZONE: Presently Washington County R-15. a. Open Public Hearing b. Declarations or Challenges c. Staff Report - Community Development Department d. Public Testimony Proponents (In favor of the Annexation) Opponents (Oppose the Annexation) Rebuttal e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Approve Resolution No. 94- Approve Ordinance No. 94 -aO- -A 6. PUBLIC HEARING (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT CPA 94-0003%ZONJ 94-0005 REMBOLD TRUST, INC. LOCATION: 10075 SW Cascade Boulevard (WCTM 1 S1 35BB, tax lots 300 and 500). To amend the Comprehensive Plan Map from Light Industrial to General Commercial and a zoning change from I-P (Industrial Park) to C-G (General Commercial). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 18.62; Comprehensive Plan Policies 1, 2, 4, 5, 7, 8, and 12; Statewide Planning Goals 9 and 12. ZONE: I-P (Industrial Park) The I-P zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage and distribution among other uses. a. Open Public Hearing b. Declarations or Challenges c. Staff Report - Community Development Department d. Public Testimony - Proponents (In favor of the Amendment) - Opponents (Oppose the Amendment) - Rebuttal e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Approve Ordinance No. COUNCIL AGENDA - SEPTEMBER 27, 1994 - PAGE 3 s 7. PUBLIC HEARING (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT CPA 94-0004/ZONE CHANGE ZON 94-0006 NIMBUS LOCATION: 10115 SW Nimbus Avenue (WCTM 1S1 34AA, tax lot 1900). The site is located at the southwest corner of SW Scholls Ferry Road and SW Nimbus Avenue. Amend the Comprehensive Plan Map 15*om Light Industrial (I-L) and Zoning District Map from Industrial Park (I-P) to a General Commercial Comprehensive Plan Map and zoning designation (C-G). APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 1, 2, 5, 8 and 12. Community Development. Code Chapters 18.22, 18.32, and 18.62. ZONE: The current zone Industrial Park permits a range of light industrial uses within an industrial park. Light Industrial also permits up to 200/c of a development complex to be used for a range of commercial uses. The General Commercial zone provides sites for the provision of major goods and services. a. Open Public Hearing b. Declarations or Challenges c. Staff Report - Community Development Department d. Public Testimony - Proponents (In favor of the Amendment) - Opponents (Oppose the Amendment) - Rebuttal e. Staff Recommendation f. Council Questions g. Close Public Hearing h. Council Consideration: Approve Ordinance No. 94-t= 8. DISCUSS & APPROVE MURRAY SMITH & ASSOCIATES WATER PLAN UPDATE FOR TIGARD WATER SERVICE AREA a. Staff Report - Maintenance Services Director b. Council Questions/Discussion c. Council Consideration - Resolution No. 94-y5 9. REPORT FROM TASK FORCE ON HOMELESS ISSUE a. Update to Council from Task Force Representative - 10. CONSIDER PARKING RESTRICTIONS ORDINANCE ON S.W. 108TH a.. Staff Report - City Engineer b. Council Questions/Discussion c. Council Consideration - Ordinance No. 94-Q3 11. AWARD SCHOLARSHIPS - CHAMBER OF COMMERCE LEADERSHIP SEMINAR a. Staff Update - Interim City Administrator b. Council Questions Discussion c. Council Consideration - Award Scholarships COUNCIL AGENDA - SEPTEMBER 27, 1994 - PAGE 4 s. O 12. NON-AGENDA ITEMS 13. (EXECUTIVE SESSION: The Tigard City Council may go into Executive Session under the provisions of ORS 192.660 (1) (a), (d), (e), (f) & (h) to discuss employment of public officers and employees, labor relations, real property transactions, exempt public records and current and pending litigation issues. 14. ADJOURNMENT ocaow." COUNCIL AGENDA - SEPTEMBER 27, 1994 - PAGE 5 NEW= migilgill Council Agenda Item. TIGARQCITY- COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 • Meeting was called to order at 6:38 p.m. by Mayor John Schwartz. 1. ROLL CALL Council Present: Mayor John Schwartz; Councilors Wendi Conover Hawley, Paul J Hunt, Bob Rohif, and Ken Scheckla. Staff Present: Bill Monahan, City Administrator; Pam Beery, Legal Counsel; Dick Bewersdorff, Senior Planner; Liz R Newton, Community Involvement Coordinator; Ed Wegner, Maintenance Services Director; Catherine Wheatley, City Recorder; and Randy Wooley, City Engineer. STUDY SESSION • Tree Ordinance Review - Interim City Administrator Monahan and Senior Planner Bevisrsdorff reviewed with City Council the most recent draft of the Tree Ordinance. This item is scheduled for an October 11, 1994 Public Hearing. The following points were discussed: Clarification with regard to dead or hazardous trees. Dead or hazardous tree removal would be included in the permitting process; however, those trees would not count as the two trees an individual could cut down on their property outside the fifty foot perimeter from a defined structure. There was some discussion with regard to Council concern that the tree ordinance was creating a large government bureaucracy. There were concerns expressed with the amount of staff time for administration. Mayor Schwartz reviewed his understanding that it was Council's intent to regulate the number of trees cut down. He advised that he, too, was uncomfortable with creating a bureaucracy, but said the ordinance was an attempt to work out a compromise between people interested in protecting property rights and those persons concerned with removal of large numbers of trees. CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 1 Councilor Hawley advised there are a significant number of "property rights people" who have not testified. She noted most of the individuals that had testified so far have been for greater restrictions on tree cutting. Council agreed these issues would be discussed again during the full public hearing as they deliberate on a proposed tree ordinance. There was discussion on the exemptions with clarification to the fact that a person who had a subdividable lot would not be exempted from certain conditions. It was noted that people with smaller lots would probably have no problem removing any trees they desired, because those trees would be within fifty feet of their home. Trees within fifty feet of a home would not be regulated. There was discussion about wood lots. There was concern that there are property owners within the City of Tigard who sell a few trees at time in order to supplement income or are using this for retirement (as noted by Councilor Hawley). There were questions as to whether or not these people could get some kind of deferral. Senior Planner Bewersdorff advised that wood lots are not registered with the County. - Councilor Hawley, as a check-point in the process, questioned whether this ordinance should be considered further. She advised that in looking at Tigard over a period of years, development has actually reforested much of the land in Tigard. She noted that private property rights must be protected. Mayor Schwartz acknowledged Councilor Hawley's remarks, and requested that Senior Planner Bewersdorff go through the remaining points in question. Due to the lack of time to consider the issue in more detail, the issues raised by Councilors could be discussed more fully on October 11, 1994 during the hearing. Notice requirements. Senior Planner Bewersdorff advised that staff had at first intended to post the property with ribbon around a tree to notify surrounding neighbors that a tree cutting permit was being considered. It appears now that a limited land use notice of property owners within 950 or 250 feet will need to be given on each permit. He said this viould add administrative time and costs. - Mayor Schwartz asked Senior Planner Bewersdorff if staff could provide some estimate as to what the impacts would be with regard to staff costs and time. CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 2 Senior Planner Bewersdorff noted mitigation (i.e., tree replacement) was allowed in the proposed ordinance in some circumstances. Council consensus was to clarify that mitigation should not be allowed as a routine means of granting a tree removal permit. Incentives - Senior Planner Bewersdorff noted incentives might be possible by giving a rebate on SDC charges for parks. As an incentive to save trees, it is still not clear as to whether or not such a reduction in costs can be done, because of State regulations. Mayor Schwartz noted he liked the incentives portion of the ordinance. Councilor Fawley said she would prefer it if the incentives section was stronger. Interim City Administrator Monahan advised staff would review and cite examples of what kinds of incentives are available. Council and staff discussed the appeal process with regard to the tree permitting and the Director's decisions. Councilor Hawley expressed concerns that criteria be clear as to what would represent a condition wherein a tree permit would be denied. Denial criteria "should be made very plain." There was discussion on fines. Senior Planner Bewersdorff advised that fines will increase to $500. There was concern expressed by Council that they would want to take the profit out of cutting a tree down. Legal Counsel Beery advised that any dollar amount over $500 would set this fine into a "criminal" infraction. Fines accompanied by requirements to replant the tree based on the value of the tree which was cut down was also discussed. Executive Session: The Tigard City Council went into Executive Session at 7:12 p.m. under the provisions of ORS 192.650 (1) (a), (d), (e), (f) & (h) to discuss employment of public officers and employees, labor relations, real property transactions, exempt public records and current and pending litigation issues. Council meeting reconvened into the Business Meeting at 7:45 p.m. BUSINESS ME ING 2. PROCLAMATIONS - Mayor Schwartz read the following proclamations: 2.1 Proclaim October as Crime Prevention Month 2.2 Proclaim October as Disability Employment Awareness Month CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 3 3. VISITOR'S AGENDA: Jack Schwab, 9335 SW Inez Street, Tigard, Oregon, 97224 addressed Council as a representative of the Homeless Task Force (this item was scheduled as Agenda Item No. 9.) Mr. Schwab advised that two meetings of the.Task Force have been held. The Task Force plans to make a more detailed report to the Council at a later time. In the interim, the Task Force is considering the following: • Developing an action plan to deal with this issue. • Ongoing public education. Mr. Schwab noted there was a 350% increase of the homeless people in Washington County over the last few years. Washington County growth is one reason for the increase. Housing in Washington County is at the upper end of the cost scale, and people at the lower end of wage earning are being shoved out of economically available apartment space. In Washington County, there are 58 beds for the homeless; the County facility has 3 beds. 't'here are 14 beds at the Interfaith Agency at the Methodist Church in Tigard. These beds are available during fall, winter and spring. 52% of the people in the shelters are children. The Task Force will return to Council by the end of October with their recommendations. Presently they are looking at a short-term and a long-term recommendation. Short term would be to institute a public education campaign, adopt a severe weather plan, (as they feel everyone has a right to have a warm place to sleep), and find a place for a shelter for single men. For the long term, Mr. Schwab advised the County needs a detox center, transitional housing, and an increase in the number of beds for single women and families. Mayor Schwartz thanked Mr. Schwab for his report, noting that the problem in Washington County is not going to "just go away." In response to a question from Councilor Scheckia, Mr. Schwab advised the Task Force has met tMce on Wednesdays at 1 p.m. at the Tigard Water Building. They will be meeting again on Wednesday, September 28. Mr. Schwab advised they would be looking at alternate times for meeting, and the Task Force would welcome input from others, including non-profit agencies such as schools and counties. Mayor Schwartz advised the City would be glad to send out letters in a request for assistance to other agencies. • Judy Fessler, 11180 SW Fonner, Tigard, Oregon. Ms. Fessler reviewed the activities of the Tigard Area Historical Preservation Association (TAHPA). She advised there would be a vintage fashion show and gourmet tea-tasting on Saturday, October 1, 1994, 1:00 to 3:00 p.m. This will be held at the Tigard Water Building, 8777 SW Burnham Street, Tigard, Oregon. (see flyer which has been CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 4 O r filed with the packet materials). 4. CONSENT AGENDA: Councilor Hawley requested Item 4.7(b) be pulled from the Consent Agenda for separate consideration. Motion by Councilor Hawley, seconded by Councilor Rohlf, to approve the Consent Agenda as presented, with 4.7(b) pulled for separate consideration. 4.1 Approve Council Meeting Minutes: August 16, 23; 30; September 13 and 15, 1994 4.2 Approve Encroachment Agreement Cascade Homes Development, inc. - Resolution No. 94-41 4.3 Highway Bridge Replacement & Rehabilitation Agreements - Authorize Signatures 4.4 Amend Storm Drain Capital Improvement Projects List 4.5 Water System Assets & Liability Allocations - Resolution No. 94-42 4.6 Appoint Lonn Hoklin to the library Board - Resolution No. 94-43 4.7 Local Contract Review Board a. Approve Contract and Award Project to OBEC Consulting Engineers for the Engineering Design and Construction Management Services for Reconstruction of the Grant Avenue and Tiedeman Avenue Bridges C. Authorize Advertisement for Bids for the S.W. 98th Avenue/Scott Court - Storm Sewer Capital Improvement Project Motion was approved by unanimous vote of Council present (Mayor Schwartz, Councilors Hawley, Hunt, Rohlf and Scheckia voted "yes.") 4.7(b) Award Contract for Engineering Design Services for the 130th/Winterlake Drive Connection to OBEC Consulting Engineers and Authorize the City Administrator to Sign the Contract Councilor Hawley advised she wished to vote on this issue separately for approval of a contract, so that the vote could be recorded for the public to be aware. She also noted the CIP budget was for $60,000 for the design of this project which would come from traffic impact fees; the OBEC estimate for providing the necessary professional services is estimated at $73,919. CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 5 Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve Consent Agenda Item 4.7(b). Motion was approved by a majority vote of ;Council present (Mayor Schwartz and Councilors Hunt and Scheckla voted "yes;" Councilors Rohlf and Hawley voted °no.") 5. PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION ZCA 94- 0003 BURGHARDT LOCATION: The southeast corner of Hall Boulevard and Spruce Street (WCTM 1 S1 35AD, tax lot 2900). A request to annex one parcel of 0.24 acres into the City of Tigard and to change the comprehensive plan and zone from Washington County R-15 to City of Tigard Medium Density Residential R-12. The applicant intends to partition the lot upon annexation. ZONE: Presently Washington County R-15. a. Public Hearing was opened. b. Declarations or Challenges. Mayor Schwartz asked the following questions: Do any members of Council wish to report any ex parte contact or information gathered outside the hearing, including any site visits? (Done reported.) Have all members familiarized themselves with the application? (Council indicated that they had.) Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? (There were no challenges.) C. Staff Report. Staff: report was reviewed by John Acker, Property Manager. Mr. Acker advised that since the Council packet material was prepared, another request was received by Dorothy Hirning for consideration to annex her property at 10830 SW Hall Blvd. (see letter dated September 23, 1994 contained in Council packet.) Mr. Acker advised a resolution which included Ms. Hirning's property was distributed to the Council. The resolution would now include a recommendation to the Boundary Commission that Ms. Hirning's property be considered, along with the Burghardt property. A portion of Spruce Street is also included in the annexation request. CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 8 ii%i ii i With regard to the zone change on the property, staff recommended that the zone change be done in the future if there should be a request for a development of the property. It was noted this has been done in the past when property was annexed; i.e., retained as Washington County zoning. In summary, the resolution would include the Burghardt and the Hirning property. The zone change ordinance would change the burghardt property's zoning only at this time. d. Public Testimony Mayor Schwartz made the following statement: For all those wishing to testify, please be aware that failure to raise an issue with sufficient specificity to afford the Council and parties an opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria that staff will describe or other criteria in the plan or land use regulation which you believe apply to the decision. There was no public testimony e. Public Hearing was closed. f. RESOLUTION NO. 94-44 - A RESOLUTION INITIATING THE ANNEXATION TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT "A" AND OUTLINED IN EXHIBIT "B" ATTACHED (ZCA 94-0003 BURGHARDT). g. Motion was approved by unanimous vote of Council present (Mayor Schwartz and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.") h.. ORDINANCE NO. 94-20 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 94-0003 BURGHARDT) AND DECLARING AN EFFECTIVE DATE. i. Motion by Councilor Hawley, seconded by Councilor Hunt, to adopt Ordinance No. 94-20. J. Motion was approved by unanimous vote of Council present (Mayor Schwartz and Councilors Hawley, Hunt, Rohlf and Scheckla voted "yes.") CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 7 IF 11 1111 6. PUBLIC HEARING (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT CPA 94-0003/ZON 94-0005 REMBOLD TRUST, INC. LOCATION: 10075 SW Cascade Boulevard (WCTM 1 Si 35BB, tax lots 300 and 500). To amend the Comprehensive Plan Map from Light Industrial to General. Commercial and a zoning change from I-P (Industrial Park) to C-G (General Commercial). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 18.62; Comprehensive Plan Policies 1, 2, 4, 5, 7, 8, and 12; Statewide Planning Goals 9 and 12. ZONE: I-P (Industrial Park) The I-P zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage and distribution among other uses.. a. Public Hearing was opened. b. Declarations or Challenges Mayor Schwartz asked the following questions: Do any members of Council wish to report any ex parte contact or information gathered outside the hearing, including any site visits? (None reported.) Have all members familiarized themselves with the application? Councilor Hawley advised she did not have time to review the bound packet of information by Rembold Trust, Inc. She advised she had read the staff report and requested that any key issues contained in the application be brought to her attention, if needed. Are there any challenges from the audience pertaining to the Council°s jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? (There were no challenges.) C. Staff Report Senior Planner Bewersdorff reviewed the staff report. He referred to' a map of the area, and noted that staff approval was given with some reservation because of the question as to whether the changes in the area are significant enough to justify changing the zone from Industrial to General Commercial. Senior Planner Bewersdorff noted that "given the uses on both ends of SW Cascade Blvd., there are grounds for changing the entire area, as well as this particular request." The type of uses allowed in a IP zone blur distinguishment between Commercial and Industrial uses. If the change is made, it should be made with the notion that the entire planning area should be commercial, and the present zoning is outmoded. The Planning Commission recommended unanimously to approve the request. CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 8 LEA Mr. Bewersdorff distributed two letters to City Council. One letter was from Jack F. Reardon, Vice President and General Manager of Washington Square (letter dated September 23, 1994 Is on file with the Council packet.) Mr. Reardon noted he was concerned the warehouse building would be used for an indoor recreational shooting range. (Note: It was noted later during the applicant's presentation that this property was not going to be used as an indoor recreational shooting range - Mr. Reardon may have confused this property with another piece of property elsewhere in the City). The other letter distributed to Council was dated September 26, 1994 from Martin Jensvold, Senior Transportation Analyst, Oregon Department of Transportation. Mr. Jensvold noted he had "reviewed IGttleson's August 22, 1994 response to ODOT's concerns regarding the proposed rezone application. Kt leson addresses the issue of left-turn storage on Scholls Ferry Road satisfactorily. With regard to the long term traffic forecast, the City determines Kdtleson's response to be satisfactory, and it is recommended O®OT not challenge it." In response to a question by Councilor Scheckla, Senior Planner Bewersdorff noted the ICittleson information was prepared for this application. In response to a question from Councilor Scheckla, Senior Planner Bewersdorff affirmed that General Commercial zoning could allow a use such as an adult video parlor, if such a request satisfied criteria. In response to a question from Councilor Rohlf, Senior Planner Bewersdorff advised there would still be an adequate supply of IP land in the City of Tigard. Mr. Bewersdorff advised there is information on this subject in the staff report. In response to a question from Councilor Scheckla, Mr. Bewersdorff advised future requests for zone changes must be brought in by an applicant who provides findings that there has been a mistake or change in the Comprehensive Plan, which means that a zone change is warranted. Burden of proof for a zone change request falls on the applicant. In response to a question from Councilor Hawley with regard to what is staff's assessment in terms of whether a mistake or change is warranted for this request, Senior Planner Bewersdorff advised the applicant would present arguments for such a change to the Council. Council's decision must be based on whether or not the applicants submitted compelling arguments that a change was warranted. CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 9 I, J1 ''I I=_ 112111REEM d. Public Testimony Mayor Schwartz made the following statement. . For all those wishing to testify, please be aware that failure to raise an issue with sufficient specificity to afford the Council and parties an opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria that staff will describe or other criteria in the plan or land use regulation which you believe apply to the decision. Applicant: Michael Robinson, 900 SW 5th Avenue, Suite 200, Portland, Oregon, 97204, advised he was representing the applicant. With regard to previous questions and discussion, Mr. Robinson advised it is not the intent of the property owner to have an indoor recreational shooting range at this site. In response to Councilor Scheckla's earlier question, Mr. Robinson advised that the traffic data was for 1993 and 1994. Mr. Robinson reviewed the types of uses allowed under the applicable code criteria. He also reviewed the criteria for a Comprehensive Plan Amendment. Mr. Robinson introduced Mr. Wayne Rembold of Rembold Trust, Inc. Mr. Rembold was available should Council have any questions. Mr. Robinson said the recent O®OT letter addressed the State's concerns. Mr. Robinson noted the Planning Commission unanimously approved the request. Mr. Robinson described the surrounding zoning and the trend of commercial type of uses within the IP zone. He noted that if the request was approved, Council must do so based on facts and criteria; whether this was precedent-setting was not a criteria for an amendment. Mr. Robinson reviewed the history of zoning in the area from 1980. He ad%lsed he thought all the criteria necessary to amend the Comprehensive Plan Amendment had been met. This criteria included a change which would be consistent with other type of policies and a change in circumstance, or a mistake. With regard to staff's concern that Policies 1.1.2 and Policies 8.1.1 were not met, Mr. Robinson advised that with the addition of the OQOT letter, (noting they no longer have concerns), and with his representation of the facts, these two criteria have now been satisfied. CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 10, NOR He noted the land use pattern has changed in the area and the number of industrial uses have declined. He noted parcels in the area have been vacant for a long period of time in the IP zone. Of 448 acres of IP zone, there are 150 vacant acres in the City of Tigard. Of 434 CG zoned acres, 114 are vacant. The area is surrounded by IP zoning which is full of commercial type uses. If iP zoning was put into place, current IP zone uses could continue as a non-conforming use. Mr. Robinson advised the request justifies a Comprehensive Plan Amendment change.. He said the whole area does not need to be considered at this time. He asked that City Council follow the Planning Commission's recommendation. In response to a question from Councilor Scheckla, Mr. Robinson advised PGE was made part of the application to include more land as part of the request. It does not affect the ability of PGE to continue to use the land. The possibility that PGE would sell or use the land for something other than a substation was doubtful. In response to a question from Councilor Scheckla, Mr. Robinson advised the railroad track would probably not be used. He advised that Sentrol, who had also been located in the area previously, had not used the railroad line. He acknowledged that some day this might be a light rail line. The property at this time is planned to be used as a Smith's Home Furnishing store. There was discussion on previous railroad access and why this area may have been zoned as it was because of the presence of the railroad. e. Staff Recommendation Staff recommendation was for approval, with it being noted that staff would a r-, tend the Final Order, K Council found the findings for 1. 1.2 and 8. 1.1 had been satisfied. f. Public Hearing was closed. g. Council Consideration Councilor Scheckla advised all his concerns had been answered. He noted a concern that General Commercial would provide for an adult video store. Mayor Schwartz responded that if an adult video store was to locate there, they would have to meet criteria and follow the same regulations as they would in any other General Commercial location. In response to a question frum Councilor Scheckla, Legal Counsel Beery noted Council could regulate hours of operation for a business; however, such regulations would not be done through the zoning ordinance. ARL CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 11 KNEE 91JEMI :I I I!' 0: 11ho: Increased traffic would be evaluated through the City's process as plans would be made for specific use on the site. Councilor Hunt advised he would approve the request. He noted there was a lot of commercial property In the IP zone already. It was clarified that there were two 60,000 square foot commercial uses planned for the area, with one being the Smith's Home Furnishings. Councilor Rohlf noted that ODOT removed the major concern he had with the submittal of their letter. He also noted he would like to see productive use of the property. Councilor Hawley noted she would be in favor of the applicant's request. Mayor Schwartz agreed with the previous comments made by members of Council, and noted that he was in favor of changing the zoning. He also noted it may be good for Council to consider rezoning the entire area. h. Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve the request of the applicant; staff was directed to prepare findings noting the conclusions with regard to 1.1.2 and 8.1.1 and present these findings in ordinance form for Council consideration at a later date. Motion was approved by unanimous vote of Council present. (Mayor Schwartz and Councilors Hawley, Hunt, Rohlf and Scheckla voted "yes.") 7. PUBLIC HEARING (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT CPA 94-0004/ZONE CHANGE ZON 94-0006 NIMBUS LOCATION: 10115 SW Nimbus Avenue (WCTM 1S1 34AA, tax lot 1900). The site is located at the southwest corner of SW Scholls Ferry Road and SW Nimbus Avenue. Amend the Comprehensive Plan Map from Light Industrial (I-L) and Zoning District Map from Industrial Park (I-P) to a General Commercial Comprehensive Plan Map and zoning designation (C-G). APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 1, 2, 5, 8 and 12. Community Development Code Chapters 18.22, 18.32, and 18.62. ZONE: The current zone Industrial Park permits a range of light industrial uses within an industrial park. Light Industrial also permits up to 20% of a development complex to be used for a range of commercial uses. The General Commercial zone provides sites for the provision of major goods and services. a. Public Hearing was opened. b. Declarations or Challenges CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 12 1 s! plig rL' „ Mayor Schwartz asked the following questions: Do any members of Council wish to report any ex parte contact or information gathered outside the hearing, including any site visits? (None reported) Have all members familiarized themselves with the application? (Council indicated "yes"). Are there any challenges from the audience pertaining to the Council's jurisdiction to hear this matter or is there a challenge on the participation of any member of the Council? (There were no challenges). C. Staff Report Senior Planner Bewersdorff reviewed the staff report, which is on file in the packet material. He noted the Planning Commission recommended approval of the application, and staff also recommended approval. d. Public Testimony Mayor Schwartz made the following statement: - For all those wishing to testify, please be aware that failure to raise an issue with sufficient specificity to afford the Council and parties an IND opportunity to respond to the issue will preclude an appeal to the Land Use Board of Appeals on this issue. Testimony and evidence must be directed toward the criteria that staff will describe or other criteria in the plan or land use regulation which you believe apply to the decision. Richard Allan, 101 SW Main, Suite 1100, Portland, Oregon, 97204, advised he was representing the applicant. He noted the Nimbus site looked and functioned like "commercial." He referred to the competition in the area which is being used "commercial." Mr. Allan advised the request meets the criteria. With regard to the issue of adult video uses in the area, the partners who owned the property would not allow such a use. He noted a Burger Icing was on a portion of the parcel. In response to a question from Councilor Hawley, he advised the building was now 70% vacant and the owners needed to make good economic use of the property. e. Public Hearing closed. f. Council Consideration CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 13 I~Igi!!~Ijqll ma;I, 'I al III III I BEEN= Councilor Hawley noted she felt the criteria had been met. She also noted a compelling reason for her to believe that the zoning needed to be changed was because of the 70% vacancy rate. Councilor Rohlf advised he supports making the Plan change, and indicated he, too, was concerned for the economic value of the property (i.e., the 70% vacancy rate). Councilors Hunt and Scheckla advised they had no comment. g. ORDINANCE NO. 94-21 - AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT REQUESTED BY THE NIMBUS CENTER ASSOCIATES ('CPA 94-0004/ZON 94-0006). Motion by Councilor Hawley, seconded by Councilor Rohlf, to adopt Ordinance No. 94-21. Motion was approved by unanimous vote of Council present (Mayor Schwartz, and Councilors Hawley, Hunt, Rohlf, and Scheckla voted "yes.") 8. DISCUSS & APPROVE MURRAY SMITH & ASSOCIATES WATER PLAN UPDATE FOR TIGARD WATER SERVICE AREA Ed Wegner, Maintenance Services Director, summarized the staff report. Murray Smith & Associates has contracted with the City to study and make recommendations on long-term water supply needs. After several months of hearing alternatives, certain evaluation criteria were developed and used. The Intergovernmental Water Board and its member agencies have had an opportunity to review this information. On September 14, 1994, the IWI3 recommended the City of Tigard officially adopt the Murray Smith & Associates Water Plan Update and begin working with the City of Lake Oswego to develop a long-term water supply commitment. Mr. Wegner advised that recently, calls were received from Portland with regard to the possibility of having Tigard become a member of the coalition studying the possibility of Willamette River sources. He noted water issues are moving rapidly and recommended the City begin negotiating with Lake Oswego. Mayor Schwartz commented, for the benefit of the public, that this issue had been discussed at length by the City Council, and Council has been briefed on the study in more detail. CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 14 It was recommended that negotiations begin with Lake Oswego and it was noted that the City would continue to review other possibilities with regard to regional supply. Motion by Councilor Hawley, seconded by Councilor Rohif, to approve Resolution No. 94-45. RESOLUTION NO. 94-45 - A RESOLUTION ADOPTING THE WATER SUPPLY PLAN UPDATE BY MURRAY SMITH & ASSOCIATES, AUGUST, 1994 Motion was approved by unanimous vote of Council present. (Mayor Schwartz and Councilors Hawley, Hunt, Rohif and Scheckla voted "yes.") 9. REPORT FROM TASK FORCE ON HOMELESS ISSUE (See Visitor's Agenda - Report from Jack Schwab) 10. CONSIDER PARKING RESTRICTIONS ORDINANCE ON S.W. 105TH City Engineer Wooley reviewed the staff report which is on file with the Council packet materials. Mr. Wooley referred to the petition from residents who were asking for the parking restrictions because of safety concerns. In response to a question from Councilor Rohif, City Engineer Wooley advised the only noticing that was done was the listing of the item on the Council Agenda as it appeared in the newspaper. There was some discussion and clarification as to the location of the affected area in the proposed ordinance. In response to a question from a Council member, City Engineer Wooley advised the ordinance would affect cars on the public right- of-way only. ORDINANCE NO. 94-22 - AN ORDINANCE AMENDING TMC 10.25.130 BY ADDING PORTIONS OF SW 108TH AVENUE WHERE PARKING IS PROHIBITED. Motion was approved by unanimous vote of Council present. (Mayor Schwartz and Councilors Hawley, Hunt, Rohif, and Scheckla voted "yes.") 11. AWARD SCHOLARSHIPS - CHAMBER OF COMMERCE LEADERSHIP SEMINAR Interim City Administrator Monahan advised the City had agreed to sponsor five scholarships to the Chamber of Commerce Leadership Seminar. Tha Chamber of Commerce is still doing a recruitment to enlist people to submit their names as attendees. The Executive Director, S. Carolyn Long, will be going to the Board of Directors to make recommendations to delay the start-up date of the seminar to CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 15 on or about November 1, 1994. Letters to those who have indicated an interest in the Leadership Seminar will be sent to advise them of the status of their scholarship application. The Chamber Leadership Seminar scholarship requests will appear again on the October 25, 1994 Council agenda. 12. ICON-AGENDA ITEMS There were none. 13. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:45 p.m. under the provisions of ORS 192.660 (1) (a), (d), (e), (f) & (h) to discuss employment of public officers and employees, labor relations, real property transactions, exempt public records and current and pending litigation issues. 14. ADJOURNMENT: 10:30 p.m. Attest: Catherine Wheatley, City Reco er Cky of Tigard Date: I I L Iq c( e=0927.84 CITY COUNCIL MEETING MINUTES - SEPTEMBER 27, 1994 - PAGE 16 jjj!!~~ 21!111 OEM CrT1f OF TIGARD, OREGON AFFIDAVIT -OF POSTING In the Matter of the Proposed °o yy ~,{l v~~j ~L'~ ~ ~ 0 ' ~ Oil • 0 ~ ~ / '0 STATE OF OREGON ) . County of Washington )Ss. City of Tigard ) begin first duly swum, on oath, depose an say: That I posted in ie following public and conspicuous places, a copy of Ordinance Number (s} 94 -Zy, . 9Y ` 9(4 `J1 which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the -day of C Q . 193 4 1. Tigard Civic Center, 13125 SW Hall' Blvd., Tigard, Oregon 2. West One Bank, 12212 SW Main Street, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. Albertson's Store, Comer of Pacific Hwy. (State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and sworn to before me this day of 19-. OFFICIAL SEAL CONNIE MARTIN Notary Public for 't NOTARY PUBLIC OREGON Oregon COMMISSION No. 015877 MY COMMISSION EXPIRES JUNE 4,1996 {2~ My Commission Expires: WginvAnt mat 5 ' 'Thu, f'o"I 4dt71 rlO~tyllg } g j~ ; } COMMUNITY NEWSPAPERS INC NEWSPAPERS, Legal ;agendas r~tay be:obtainrd f),e ~ ~ cry 13125 S:ttJa:Hai P.O. BOX 370 PHONE (503) 684.0360 k E C E I VaQ® TT 8006J T'Um,'~ret orb~v X30-4171 BEAVERTON, OREGON 97075 61994 ?~~r 1 = Legal Notice Advertising SEP SEP~t~g~~2y.~~s 1 - R S.W HATr~,gO tf° fit ' "City of Tigard ® 13 Tearsheet Notice ~:ITY.OF.TIGARD 125 13125 SW Hall Blvd. 6 30 P M. Study Session Tow„ Y'Ct~nieren 32~ €n) ® Tigard, Oregon 97223 ® ® Duplicate Affidavit 7 30 F IVI Gusto M049 ` '9 In 4 O ® A ~ J 5 } yr i .1 y ~ t 3 1C1$t1 I ~li,'T{eCy£ii~E; b` - BecYare'tctobr.r.us t~isabilit;rtnploysienl iAty s ;4r:. att nrss P~ta~+th': AFFIDAVIT OF PUBLICATION s ayo2,yeba, Spec iaY ~ernirt fret+n t~e n-1 'a Ta2>y 1'arcci t o, ai0 taaai , STATE OF OIIECON, , Ia v^ n~,rn~hlls COUNTY OF WASHINGTON, )ss' i 4X,_Ii , ii PTO 1s rp y, . e; ~cbY ~ ~ieaz~aigs I - Kathv Snyder r~ giioa~js Y~ote T. s5 vrn as rye, cbno~S resGhZxTuYed eotA tbber ; Fz being first duty sworn, depose and say that I am the Advertising a 26rrs~hal Is ~J;ivn, Anntion laz OT y Director, or his principal clerk, of the` icgard-Tualatin Times tg' '.Yni~as T try€42 s.ocatr l~ i$t SO21ti1eaSt G(}7fi!l~s, Ha SC L'~i's3Y'fi~ an, a.qA wOt.:EUI a newspaper of general circ}ation defined in ORS 193.010 Voice rnq , _ and 193.020; published at igar in the Cord ~retteee ave..F?Y~u A n~ticltr~ert P aforesaid county and state, that the ~Q=O 03/,ZON 94=01 Rcartbpld.Trcist, (~i tt ~r Cc~ , n rr i 1 Alt g OfA=ti6n 10075 5 vea printed copy of which is hereto annexed, was published in the Flan W. cnangcfrofxt ieghc Isdustnl.tp- entire issue of said newspaper for ONE ~n steal Coin 1P 004 tai g fr iar successive and irrdiistnat. toaa C consecutive in the following issues: CbMl TO gnst~rd Tact ainctt # CPr ` 94-t?f faie OhangcOPt, Nams._ September 2 2 ,19 9 4 oca8con. Yi3135 ~s W Nlmbws A n to 2t sout~west L00' r of 8 ~V 3c iYs 1lerry road and: S XN ifbus Ad ttair) Coaapr tiettsaet fly; V,hange lrnm l[abt Tsda^rmldttln 13e{ Map from_Yttd4S r-3a£`_i'n~k €a:l ear~e [ Cgsnmear e Council. Cansiderattor _ ubseribed and sworn to b o e me this 22nd day o S Atei d OF~iCIAL SEAL Dtscuss 2nd agpgove the I4aurray, 3t~itYa and- 11i A. BURGESS ~is4~C;ads r~ntealtt"$Tptlate for'tSie 3tazil 0111hi, re /illo~ el. 'a,_t~gJ$aivtb`.~ s NOTA.%Y PUBLIC - OREGON ex tr Notary P c for Oregon COi,,sr;SSiON NO. 024552 c~,l2sidC3rtYinance:It.sItican - pa*,nv on s.w Y Commission Expires: MY COMV11.,.0?•i EXPIRES MAY16,1997 108'tli " Aw rd 5cholarAknPs to the'Chamber:4f' FFIDAVIT CorameMZ'Y:ezdei sup.Semina Tri 04t5 Publish $CpletTtbeP 2,?, t~4. jjjm!§!~iggsjsipig~mi 101:1 jgviqiwi~ iiii liil 1 Hill sea= c r 1 COMMUNITY NEWSPAPER% INC' Legal P.O. BOX 370 PHONE (503) 684-0360 NOtICO TT 8 0 O 1 ~F Q 2 0 1994 BEAVERTON, OREGON 97075 OF 1IGARD Legal Notice Advertising °City of Tigard ® a Tearsheet Notice 13125 SW Hall Blvd. °Tigard,Oregon 97223 ® O Duplicate Affidavit o AFFIDAVIT OF PUBLICATION STATE OF OREGON, ss.+ "}?f t f Y Y1 } COUNTY OF WASHINGTON, i, Kathy. Snyder being first duly sworn, depose and say that I am the Advertising = Director, or his principal clerk, of the Bard-Tu lati n mes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Times in the aforesaid county and state; that the City Council,/ZCA 94°0003 Burghardt a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: September 15,1994 Subscribed and sworn a ore me thisl th day of Sep .embe 1901 OFFICIAL SEAL . 5 x ROSN A. BURGESS Notary blic for Oregon NOTARY Fti3L1C - OREGON C i;,FiSSfUN NO. 024552 41Y My Commission Expires: COt. MQk ;IIOM X~ PIRES MA~Y16, lr4 77 i AFFIDAVIT MINIMUM i ;follovrai~ will be Boa sis red ~y-tlte"f'ip city Cou0cif on Stirs M Z, 1994, at Y~30 P M ,at T38ard Clvae_ Gaiter, Towaa;Hall FF-pcm, ' 13125 5 W Hall3oulevard.;Taard'4}regcji i urthe aaifo3ar~etaon tray tie c .1. I' tied fords Rs,,e L®rnanuiaity vefogment Daa ctor or'City Redder at the sane loa~tton or.bp cWjing 63,9 `4171 ,Yost are 3nv~tted to sub:mit writ-. ; ten f ttiaaoti an advanc®of the publzc heg*ot!4j and o tesWOohy sad ,im at tlae flea n~. Tt a Publ G,heanng;walI lre rondupted` i acccrdd&e th, the applie-able Chapter 1 1.32 of the Tigard Id~}rt YCapai Codd'and,any shales.aaf Pfoce,44r* adOpted !~y the Councif''srid evatttalile`at. City mall. : 3 ~QP.IE C1 4 0 F-1 ANNEXATION ZCA 94-0003 BUR£iHAId Ll ~ g L()c ATIQ3ti~: ire sotztlaoast':corner'of I-Ia Boule'vard and. $ rude. Street (WCTM IS 1 35 `:tax lot 2900) A regiiai to Anne* one,pagr W' of 0.24 acres into.the Cat3! pf Tagard;and,t~:'.change,tfae comprehensive plan and zone from-Wastiin8ton Cd~intyr R ,15_ to City„of Tigard'Met ium T9ca►sity Residential(R 12).'The agplicantintends°to:gartition the lotupon ai►nexa- tioh Z.CNE:,Presently'WashingtonCdim R=15. t:y Cox EIHENSWR PLAN ANNE DMENT CPA 94-0003aOIV 94-0005 LOCATION: 10075;.5 W Cascade Boulevard (WCTM 1S1 35B13 tax lets 3013 it d5 To amend`' ' Cpmpreherisave Plan M. from Light In dnstriaE to General Commea~caal and a zonan$: chaa &-fromj-P (Industrtal Pork) to C~ti~(CaiAeral `Corramer,aal),t APPLICABLE REVIEW CRITERIA Coanniaanaty Develornent Code C}aagters,fl8 22,18 32, 18.62; Cors~~Cehensive Plan i?oflacaes 1, 2.4, 5, ?t 8. and 32 ,Pla i. C- ana112~ Z ISTE I P (Industraai Park) The Z- I' zontng al- to s psuhlab 'agetacy as~maisi5tx~tave;se vaees, pnbfac srapgdit facilities, °prrrfieaanai a,ad adrnatlastraive sexvices, finutcaal; zrpsuratsce and real Ens- tst~'~ervice a ~JlaSl3ieSS S1ApporE SpIVBCCS~ iahannfanwtura--of onisFed graducts, rack2ian anil;orocessang; vrfialesafle, steira8e anti dastr~bution aanar:8 ot.`aer'ia es. 041 CQIVIPIEIBISI_Yi~ 1'Abl AMENA?%1:ATT CPA~ r`J -0 -QNR, Y~ CHANG i Q 94 0£ N1MB1JS , LOCATIONY. 101155 W Nithbus Avenue (WCTIai 1S1 34Af1, tax lot 1900)''he site as located at the southwest corater of 5 W Scholls Ferry A~ Road aatd S'6~U' 1Yiiribns Avenue Aipend t1ie.Cottiprehensive Plitsi;l`~Iafi fiom Lag~~t"Yndttsorial (I L) and Zoning Dassrict Ma : frorrt;Iptiustrial Park (I 1') to a General rLommerctal Coengrelieiisave flan Ivlap and zo*aang desi o C#) fr PMC BL RYE aGI~17E i ornprehensave Ln'Polaoies 1, 2, S `8 and` 12 Co"nimunaty DevelopmesatOside hapteas' ,18.'l2, 18.32r,aatd 62 Z(?NE The'cetrrent'zone''Indtastrtat:Park paaerA~t~ 1$: an aiiiustr3apark Light Indiastrial' , a range of;e►t aidiistraaf tisess watliin also :-er:st aapp to •20' ofa;devclopnlwtcomglex to be used for a: aroge of eanimercial uses':4I'laa General Cornmeicial zone firovides sites f®i v provision of Major goods'aeslwiCeS - .r j! 1 ;1 1 Baum _R90196-in CITY OF TIGARD, OREGON ORDINANCE NO. 94- 2d - A AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A ZONE CHANGE (ZCA 94- 03, Burghardt) AND DECLARING AN EFFECTIVE DATE. WHEREAS, The City Council held a public hearing on September 27, 1994, to consider initiating annexation and to consider land use and zoning designation for one parcel east of Hall Blvd. and south of Spruce Street; and WHEREAS, on September 27, 1994, the City Council approved a resolution forwarding the annexation to the Portland Metropolitan Area Local Government Boundary Commission; and WHEREAS, the land use and zoning district designation recommended by the planning staff as set forth in the attached staff report and in Section 1 below is that which most closely conforms to the Washington County zoning designation. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Upon annexation, the subject properties shall be designated as follows Tax Man/Lot Number Current Zonine New Zoning 1S1 35AD lot 2900 [,lash. Co. R-15 Tigard 1-12 Current Land Use New Land Use Wash. Co. R-15 Medium Density Residential Section 2: This ordinance shall become effective upon filing of the annexation final order with the office of the Secretary of State. PASSED: By L &A.1 ) MOUD vote of all Council members presenp -after being read by number and t le only, this day of g~ Catherine Wheatley, Ci ecorder APPROVED: This day o , 19 4. .Tr_~i~tz, Mayor Approved as to form: r City Attorn Date IN:! 11 gl~ e C17Y OF TIGARD, OREGON ORDINANCE NO. 94--c-41 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT AND ZONING MAP AMENDMENT REQUESTED BY THE NIMBUS CENTER ASSOCIATES (CPA 94-3004, ZON 94-0006). WHEREAS, the applicant has requested a Comprehensive Plan and Zone Change Amendments from Light Industrial to General Commmercial, C-G for a 2.43 acre parcel (INCTM 1S134AA, tax lot 1910. WHEREAS, the Planning Commission held a public hearing on August 22, 1994 and concurred with the Planning Division's recommendation for approval; and WHEREAS, the Tigard City Council held a public hearing, on the request September 27, 1994 to review the applicants proposal, the staff report, the Planning Commission recommendation and to receive public testimony. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 9: The proposal is consistent with all relevant criteria based upon the facts, findings, and conclusions noted in the attached final order and map identified as Exhibit A; SECTION 2: The City Council concurs with the Planning Commission and staff recommendations and approves the request to redesignate the parcels illustrated on the attached map (Exhibit A) with a Comprehensive Plan designation of General Commercial and GG (General Commerciao zoning. SECTION 3: This ordinance shall be effective 30 days after its passage by the City Council, approval by the Mayor, and posting by the City recorder. 01 IN I ill 1, 1 1! ME PASSED: By_ U-ri.CX';rou5 vote of all Council members present agar being read by number and title only, this -l 65-41 day ot-jo- 1994. 1W-1L2yu- Catherine Wheatley, City I'Mcorder APPROVED: This day of 1 #0c hwar4a, nAsyor Approved as to form: City Attorney Date h:\1og9n\cathy\n1mbus ORDINANCE NO. 94- ~ ~ Page 2 WMIBIT WAN CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AM CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPRMMUSIVE PLAN AMMMMT AND ZONE CRANGE APPLICATIONS REQUESTED BY THE Nnmus CENTER ASSOCIATES. The Tigard City Council reviewed the application below at a public hearing on September 27, 1994. The City Council approves the request. The Council has based its decision on the facts, findings and conclusions noted below. A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 94-0004 Zone Change ZON 94-0006 REQUEST: A request for approval of a Comprehensive Plan Amendment from I-L (Light industrial) to C-G (General Commercial) and a Zone Change request from I-P (Industrial Park) to C-G (General Commercial). APPLICANT: Nimbus Center Associates 811 NW 19th, Suite 102 Portland, OR 97209 OWNERS: same REPRESENTATIVE: Richard Allen Ball, Janick and Novack One Main Place 101 SW Main Street, Suite 1100 Portland, OR 97204-3274 LOCATION: 10115 Nimbus Avenue (WCTM 1S1 34AA, tax lot 1900) The site is located at the southwest corner of SW Scholls Ferry Road and SW Nimbus Avenue within the Koll Business Center. 2. Vicinity Information The subject site is 2.43 acres in size and is located on the southwest corner of SW Scholls Ferry Road and Nimbus Avenue within the Koll Business Center. SW Nimbus Avenue is a local street serving the Koll Business center which consists of approximately 5o acres adjoining Fanno Creek south of SW Scholls Ferry Road west of the 217 State Highway. Fanno Creek borders the entire business Center to the west. Areas to the north of SW Scholls Ferry Road are within the City of Beaverton and are developed with a mixture of commercial and business park uses. Properties to the east and south are zoned Planned Industrial and are a part of the Koll Business Center. 3. Background Information The first phase of the Koll Business Center consisted of four industrial tenant buildings constructed in 1979. In 1984, Sensitive Lands Permit 5- 84 was approved to allow reconstruction of Nimbus Avenue within a portion of the 100-year flood plain, in return other areas were excavated to maintain the existing flood plain elevation. Reconstruction of the road FINAL ORDER CPA 94-0004/ZON 94-0006 Nimbus Center Associates PAGE 1 Permitted further development of the Koll Business center. The subject property was developed in 1986. An August 22, 1994 the Manning Commission conducted a Public Hearing concerning this request and recommended that the City Council approve this application subject to the findings within this report. 4. Bite Information and Proposal Description The site is a single parcel within the Koll • Business Center which was developed with in line tenant suites and a Burger King Restaurant. The property owner has proposed to redesignate the Comprehensive Plan and Zoning District Map from its current Light Industrial and Planned Industrial Comprehensive Plan Map and Zoning District Map designations to General Commercial. Under the sites current Planned Industrial zoning designation a limited number of basic retail uses are allowed. The applicant has requested this land use amendment because the limited number of commercial uses permitted under the Planned Industrial Designation has limited the range of tenants which are permitted to lease suites at the site. The subject property is highly visible to motorists and pedestrians traveling on SW Scholls Ferry Road. The applicant states that due to the site's visibility the center has historically drawn many of its customers from the area at large rather than primarily from industrial tenants within the Koll Business Center. 5. Acrency Comments The Engineering Division has reviewed the proposal and provided the following comments: The applicants have submitted a statement in support of their request for the map amendment and rezone that indicates the traffic generated by the change in uses allowed under the general commercial zone will not be greater that those allowed by the industrial zone. In the statement, they note that the existing parking spaces in the center exceed the number required by the proposed zone change. The existing site takes access from SW Nimbus Avenue from a driveway located a sufficient distance from the intersection of SW Scholls Ferry Road that provides minimum conflicts with the traffic at the signalized intersection of SW Scholls Ferry Road and SW Nimbus Avenue. Since no new construction is proposed, we concur that any change to the traffic impacts of the project will be minimal. In addition, no substantial impacts are likely on the City utility systems. Therefore, we have no objections to the proposed zone change. City of Tigard Building Division, General Telephone and Electric, Portland General Electric, City of Beaverton, Tualatin Valley Fire and Rescue, have reviewed the application, and have offered no comments or objections. No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant approval criteria in this case are Comprehensive Plan Policies 1.1.2, 2.1.1, 5.1.4, 8.1.1, and 12.2.2 and Community Development Code Sections 18.22, 18.32 and 18.62. FINAL ORDER CPA 94-0004/ZON 94-0006 Nimbus Center Associates PAGE 2 Section 18.22.040 sets forth the standards and procedures for amendments to the zoning map which have been reviewed as follows: .A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment ahall be based on all of the following standards: 1. The applicable comprehensive plan policies and snap designation and; the change will not adversely affect the health, safety and welfare of the community; The following are the applicable Comprehensive Plan Policies related to this request and how the application addresses each criteria is reviewed following each policy. Plan Policy 1.1.2 requires that in order to approve a quasi-judicial a=ndmant to the Plan, the City :must find that the change is consistent with applicable plan policies, that a change of physical circumstances has occurred since the original designation, or there is evidence of a change in the neighborhood or community which affacto the subject parcels. Alternatively, the City must find that a mistake was made in the original designation; Along with development of the Koll Business Center, the larger Tigard and Beaverton Area has experienced significant growth. The remaining properties within the Nimbus Center have been developed since 1979 with a mixture of light industrial uses. Due to its location the subject property will continue to serve customers from a wider area than the Koll Business Center. By permitting the site to be rezoned, a greater range of commercial uses and services would be permitted. These services are expected to be used by both citizens of the area at large and tenants of the Koll Business Center. The primary reasons for this amendment relate to how the present zoning of the property limits the types of commercial uses which can locate at the site. The Planned Industrial zone contains restrictions which relate to a "development complex" which is a group of buildings which are developed on a single parcel. This restriction limits several of the major commercial uses to up to 20%- of the total building square footage of a development complex for uses such as General Retail Sales, Convenience Sales, Eating and Drinking Eastablishments etcetera. The applicant states that this limits the types of commercial uses which can take place at the site and has put this commercially developed site in direct competition with the Nimbus Industrial Park for industrial tenants which are often not suited to locate within a suite in a commercial center. The amendment is justified based on the existing general commercial type improvements developed over the entire site. Development Code restrictions presently limit the commercial uses which can be provided at this site and has restricted fully leasing the site for commercial uses. Because of its location the adjoining areas have changed. The Koll Business Center has been built out with approximately one million square feet leaseable space. This change has placed the center increasingly at a disadvantage in terms of attracting industrial tenants. The adjoining industrial park area has been developed specifically to serve the facility requirements of industrial users whereas the subject site has been developed for commercial uses. Plan Policy 2.1.1 states that the City :shall maintain an ongoing citizen involvement program and shall assure that citizens will be FINAL ORDER CPA 94-0004/zON 94-0006 Nimbus Center Associates PAGE 3 r or 4: Rl: provided an opportunity to be involved in all phases of the planning process. The applicant provided notice of and conducted a meeting for interested property owners within a 250 foot radius of the affected property. The CIT representative for this area was also notified of the neighborhood meeting. Notice is being provided of the Planning Commission and City Council Public Hearings for this proposal. The site was also posted with a sign indicating the type of land use amendment proposed for this site. Plan Policy 5.1.4 states that the City shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial uses. This policy is satisfied because the subject property is not presently zoned for residential use. Plan Policy 8.1.1 states that the City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. This policy is satisfied because this property has frontage on SW Scholls Ferry Road (State highway 210) designated an Arterial Street on the City of Tigard Comprehensive Transportation Plan Map. The existing roadway pattern is expected to accommodate the minor increase in traffic volume resulting from an approval of a zone change on this site. Plan Policy 12.2.2 provides the locational criteria for General Commercial zoning. The applicable locational criteria specified in Chapter 12 of the Comprehensive Plan are the following; Spacing and locational criteria require that the commercial area shall not be surrounded by residential districts on more than two sides. This site is within a heavily developed light industrial area. The site is buffered from existing residential uses to the west by Fanno Creek. The scale of the project shall be compatible with the surrounding us®s. The site was developed with an linear brick single story building with leaseable suites. A single story brick Burger King restaurant was also developed towards the street corner of the property. Through the site development process this structure was found to be compatible with the design of adjoining existing and planned development within the area. No revisions to the site are anticipated as a result of this amendment. Any future changes will also be reviewed for compatibility with surrounding uses. Site access criteria require: 1) the proposed area shall not create traffic congestion or traffic safety problems; 2) the site shall have direct access from a major collector or arterial street; and 3) public transportation shall be available to the site. The approval of this application is not expected to result in traffic congestion or traffic safety problems. The existing commercial center is used for a limited range General Commercial type uses presently. An increase in traffic volumes due to expanded commercial services is expected but at the time the site was developed all street improvements serving the site were developed in anticipation of site improvements within the entire Koll Business center being leased for Industrial Park uses which generate similar traffic impacts. Allowing a wider range of commercial uses at this site will not create traffic congestion or safety problem for the larger area. Due to the design of the existing buildings on the site and the potential types of commercial uses that could utilize the site improvements, direct added impacts to adjoining streets as a result FINAL ORDER CPA 94-0004/ZON 94-0006 Nimbus Center Associates PAGE 4 IIICI 15 11 111, SIR! SEE= of this land use amendment is minimal. Direct site access is presently provided to SW Nimbus Avenue. No new driveway access is proposed with this application. Transit service is available to the site from SW Scholls Ferry Road. Future site modifications to the property will be reviewed through the site development review process for any additional impacts to the street system. Locational criteria also requires that the @its be of a size which can accommodate projected uses and that the site possess high visibility. This criterion is satisfied for the 2.43 acre site. The existing site improvements accommodate a variety of uses permitted within the General Commercial Zoning District. This site is also highly visible from adjoining roadways. Xmpact Assessment is determined bI addressing the following criteria: 1) the scale of the project shall be compatible with the surrounding uses; 2) the site configurations shall be such that the privacy of adjacent non-commercial uses can be maintained; 3) it shall be possible to incorporate unique site features into than site design and development plan; and 4) the associated lights, noise and activities shall not interfere with adjoining non-commercial uses. This policy is satisfied because the impact to surrounding land uses is expected to be negligible. The scale of the present development on this site was previously determined to be compatible with the surrounding uses. Future modifications to the site improvements will also be reviewed for compatibility with adjoining land uses. Section 18.32 sets forth the procedural requirements for review of Quasi- Judicial Plan Amendments. Subsection 18.32.090 (D) and (E) set forth the review requirements for Quasi.-Judicial Plan Amendments. This section requires that the Planning Commission review proposed amendments and provide a recommendation for action to the City Council. The application has been processed in accordance with the requirements of the Community Development Code. Section 18.62 sets forth the development standards for property within the General Commercial Zoning District. The subject site meets these requirements because the parcel average width is greater than 50 feet. The existing structures do not exceed 45 feet in height. The site coverage is less than 85 percent and the landscaped area is greater than 15 percent. The existing uses on the site are permitted uses within the proposed General Commercial Zoning Designation. 2. The statewide planning goals adopted under Oregon Revised Statues Chapter 197, until acknowledgement of the Comprehensive plan and ordinances; The Comprehensive Plan has been acknowledged. Each amendment to the plan is provided to the appropriate State Agencies for review. Notice of filing of this application has been provided to the State Department of Land Conservation and Development for comment more than 45 days prior to the final hearing on this application as required under State of Oregon Administrative Rule 660-18-020. If approved by the City Council, Notice of Adoption will also be provided to the Department of Land Conservation and Development. 3. The applicable standards of any provision of this code or other applicable implementing ordinance; Section 18.62 of the Community Development Code sets forth the development standards for the General Commercial Zoning District. The subject site meets these requirements because the lot width average is greater than 50 feet. The existing structures do not exceed 45 feet in height. The site coverage with imprevious surfaces is less than 85 percent and the FINAL ORDER CPA 94-0004/ZON 94-0006 Nimbus Center Associates PAGE 5 landscaped area is greater than 15 percent. The existing uses on the site are permitted in the General Commercial Zoning District. 4. Evidence of change in the neighborhood or ccnm=ity or a mistake or inconsistency in the comprehensive plan or zoning map as it relate;; to the property which in tho subject of the development application; Along with the Koll Business Center the larger Tigard and Beaverton Area has experienced significant growth. Due to its location the subject property will continue to serve customers from a wider area than primarily the tenants in the Koll Business Center. The primary reasons for this amendment relate to physical growth of the greater area, the physical location of the site and the design of the site improvements which were approved at this location. By permitting the site to be rezoned a greater range of commercial uses and services would be permitted. These services are expected to be used by both citizens of the area at large and tenants of the Koll Business Center. Additional space which is leased within the center may create additional employment opportunities for area residents. The Planned industrial zone allows up to 20 percent of a development complex to be utilized with limited commercial uses. There is concern that approval of change to the land use designation may lead to redevelopment of industrial sites within the Koll Business Center for commercial use. However, it is not expected that the Koll Business Center will redevelop with additional commercial development due to the recently developed nature of industrial uses within the center. Future applications for development or redevelopment will be reviewed for consistency with the development standards of the Planned Industrial Zone which limits the total of square footage which can be developed for commercial use. in terms of design the site functions presently as a General Commercial site so that a mistake can be said to have been made in limiting the range the commercial uses permitted on the site to convenience services designed primarily for use by tenants within the Koll Business Center. This land use amendment will allow additional tenants which provide commercial goods and services to locate in an existing commercial center with negligble expected impact to adjoining areas. G. DECISION The City Council approves the requested Comprehensive Plan Amendment for Washington County Tax. Map properties 1S134AA, tax lots 1900 from Light Industrial and Planned industrial respectively to General Commercial, C-G. The City Council finds that the change will promote the general welfare of the City and will not be significantly detrimental or injurious to surrounding land uses. it is further ordered that the applicant and parties to these proceedings be notified of the entry of this order. FINAL ORDER CPA 94-0004/ZON 94-0006 Nimbus Center Associates PAGE 6 ! ®A Rho ~It AA,4**6~~ all Dow i~ e Atl~• 04 Cosa b e 1 If a to %D IND ' X31 PLAM4 y1` ~aA CITY OF TIGARD, OREGON ORDINANCE NO. 94- AN ORDINANCE AMENDING T.M.C. 10.28.130 BY ADDING PORTIONS OF S.W. 108TH AVENUE WHERE PARKING IS PROHIBITED. WHEREAS, TMC 10.28.130 prohibits parking at any time on portions of certain public streets in Tigard; and, WHEREAS, SW 108th Avenue south of Durham Road is designated as a minor collector street in the Comprehensive Plan; and, WHEREAS, portions of SW 108th Avenue are not yet fully improved to minor collector street standards; .and, WHEREAS, in order to provide for two-way traffic along SW 108th Avenue it is necessary to prohibit parking along the west side in the portion of the street that is not fully improved between Durham Road and Chateau Lane. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: TMC 10.28.130, designating the portions of public streets where parking is prohibited at all times, is hereby amended by adding the following: 11(82) Along the west side of SW 108th Avenue between Durham Road and a point 145 feet north of the centerline of Chateau Lane." SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED : By u fjd_n) n 10a 5 vote of all Council members present after being read by number and title only, this day of ,ir~ 1994. Catherine Wheatley, Ci y Recorder APPROVED: This day of y ./A994. Schwartz, Mayor Approved as to form: City Attorn y Date rwl108-ord ORDINANCE No. 94- CPa Page 1 12 My! 1 I\C E~$D ..~Bt3 1S6T®R'$ AC t~DA DATE: S®t~terra~er 27. ~ Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. STAFF NAME & ADDRESS TOPIC CONTACTED lrac~$~. G w►~d~s~s "k- og n o store. r J ism PL9ASE PRINT Proponent - (Speaking In Favor) Opponent - (Speaking Against) e Name--EI ress Ad reel 0 0 LAddrm Address Name rasa e e Address Address Name Name Address Address Name Name dress Address h:\lagin\jo\ta9ft Will ligg: lip spending on the number of person wishing to testify, the Chair of the Council may limit the amount o'o tie na each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. , , i~`~y 5 ®ATE ~®p~~rribera 27, 19 PUBLIC HEARING (QUASI-JUDICIAL) - ZONE CHANGE ANNEXATION ZCA 94-0003 BURGHARDT LOCATION: The southeast corner of Hall Boulevard and Spruce Street (WCTM 1S1 35AD, tax lot 2900). A request to annex one parcel of 0.24 acres into the City of Tigard and to change the comprehensive plan and zone from Washington County R-15 to City of Tigard Medium Density Residential R-12. The applicant intends to partition the lot upon annexation. ZONE: Presently Washington County R-15. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS t AGENDA ITEM NO. 5 PLEASE PR1P1 Proponent - (Speaking In Favor) Opponent - (Speaking Against), m-me e re98 ress tees ress N~rT1iE Name Addrm Address Name Name teas Address Name Narne Addrew Address Name Name teas ress Name Name Address Address Nerve Name Address Address Name Name Address Address Name Name ress Address Name Name Address Address 01 G)Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. DA' M- 27, '1 :P PUBLIC HEARING (QUASI-JUDICIAL) - COMPREHENSIVE PLAN AMENDMENT CPA 94- /ZON REMBOLD TRUST, INC. LOCATION: 10075 SW Cascade Boulevard (WCTIUI 1S1 35BB, tax lots 300 and 500). To amend the Comprehensive Plan Map from Light Industrial to General Commercial and a zoning change from I-P (industrial Park) to C-G (General Commercial). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 18.62; Comprehensive Plan Policies 1, 2, 4, 5, 7, 8, and 12; Statewide Planning Goals 9 and 12. ZONE: I-P (Industrial Park) The I-P zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage and distribution among other uses. PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS a w p` 1~roRonent _ (SAeaking in avor) ~ c G ' l~POnent _ ~SReaking Against) ~~ri ~ ~'7~~-' ~'t"`~1~~► dress ~ ram s~ Sow Hama C" ct. L~r. J'v✓d S72z r fees dry 6 I~srrta Mme d ~/S•4 9~,y7 ress X77 z-2- rasa ma flu dre88 e lr1a Ste /~detrese refs a toss Riarrta ® dress reft dame rasa ~lddres$ j~errre Address Sam Depending on the number of person wishing to testify, the Chair of the Council may limit the amount of time each person has to speak. We ask you to limit your oral comments to 3 - 5 minutes. The Chair may further limit time if necessary. Written comments are always appreciated by the Council to supplement oral testimony. AGEHVU r! l 00t ~9A° 1: Sep4errab r 2?, X894 . 94- PUBLIC HEARING (QUASI-JUDICIAL) ~ COMPREHENSIVE PLAN AMENDMENT CPA 0004/ZONE CHANGE ZON NIMBUS LOCATION: 10115 SW Nimbus Avenue (WCTM 1S1 34AA, tax lot 1900). The situ is located at the southwest corner of SW Scholls Ferry Road and SW Nimbus Avenue. Amend the Comprehensive Plan Map from Light Industrial (1-L) and Zoning District Map from Industrial Park (I-P) to a General Commercial Comprehensive Plan Map and zoning designation (C-G). APPLICABLE REVIEW CRITERIA: Comprehensive Plan Policies 1, 2, 5, 8 and 12. Community Development Code Chapters 18.22, 18.32, and 18.62. ZONE: The current zone Industrial Park permits a range of light industrial uses within an industrial park. Light Industrial also permits up to 20% of a development complex to be used for a range of commercial uses. The General Commercial zone provides sites for the provision of major goods and services. I PLEASE SIGN IN TO TESTIFY ON THE ATTACHED SHEETS 111111:1, ill: 1 15 Eli 2:251 1,111: i PLEASE PRwT Proponent - (Speaking In Favor) Opponent - (Speaking Against) Address 01 S.G . AM',' -54e. ((o© O*K 7 Ad rasa Za sme ress Address Name Nam® Address Address o Name rasa Address Nome Name resa Aq rasa Name Name rasa rase Name Name Address Address Name Name dress Address =0 Nama Address Address Name AdBress rasa Name Name Address Address PLrEME PRIN Proponent - (Speaking in Favor) Opponent - (Speaking Against) Add-ress Address ® e 11 dress Address Name Name Address Address e Name teas dress e Name Nddress Address e Nme Address Address Nlarsse Name Address Address Name game dress Address h:\logtnvo\tesWy i NESM, Z rD 1 \ ! PROCLAMATION CRIME PREVENTION MONTH 1994 WHEREAS, it has been proved that community crime and drug prevention S efforts are reducing victimization: and helping to rebuild a sense of mutual , responsibility and shared pride in community; and rWHEREAS, successful crime and drug prevention programs depend on effective partnerships • among law enforcement, concerned individuals, governmental agencies, schools, community groups, businesses, and neighbors; and WHEREAS, crime and drug prevention are more than self-protection and security, but encompass the promotion of positive alternatives to delinquency and drug use among young people and encourage youth to recognize their personal stake in their schools and neighborhoods; and i WHEREAS, it is essential to raise public awareness of crime and drug prevention and increase involvement in crime prevention and related community service programs. ~ c I NOW, THEREFORE BE IT RESOLVED THAT I, John Schwartz, Mayor M T of the City of Tigard, Oregon, do hereby proclaim October 1994 as: y}, `T CRIME PREVENTION MONTH - in Tigard and call upon all citizens, governmental agencies, public and + private inaltudons, and businesses to increase their participation in our community's crime and drug prevention efforts. Dated this day of 1594. r• IN WITNESS WHEREOF, I have hPSeunto set my hand and caused the Seal of the City of Tigard to be affixed. John Schwartz, Mayor City of Tigard - Attest City Recorder '`1 a it , +C},~~.. w`~-v.1 .,t c• G . :.Yi'1V tf~ _ ' 3wa.V,,.•• :s j~:. '~-v .M'~ •`v,:M'. , '~hi„r-/'" r s.,y~N••,t•. ae AAA $ i Z PROCLAMATION DISABILITY EMPLOYMENT AWARENESS MONTH WHEREAS, the United States of America has been in the forefront of civil and ' human rights for individuals with disabilities; WHEREAS, the State of Oregon has strived to implement the letter and the intent r of Federal legislation regarding persons with disabilities, particularly regarding the 't implementation of the Americans with Disabilities Act; WHEREAS, we, the citizens of Tigard, Oregon, affirm its support of the implementation of those rights; WHEREAS, people with disabilities represent the nation's largest pool of trained, skilled, knowledgeable and hard working persons white experiencing the highest ` rate of unemployment among any minority group in America; WHEREAS, the Congress of the United States of America has declared each October as National Disability Employment Awareness month in an effort to encourage and promote the employment of people with disabilities; i 9 NOW, THEREFORE FEE IT RESOLVED THAT I, John Schwartz, Mayor of the City of Tigard, Oregon, do hereby proclaim October 1994 as ~ f DISASILITY EMPLOYMENT AWARENESS MONTH i in the City of Tigard and encourage all citizens to join in this observance. I also i call upon employers of Tigard to employ and promote persons with disabilities whenever possible and to comply with the regulations of the Americans with ti "rm Disabilities AcL Dated this day of .1994. i IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed. _•r John Schwartz, Mayor I r ° City of Tigard ~ s r , ' Attest: City Recorder n ' ~f b[++"i~ y- :xg Z A r T _ m; / i`s"myr~', ~''R. Will h AGENDA ITEM # For Agenda of Seot. 27, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Encroachment Agreement with Cascade Homes Dev. Inc. PREPARED BY: M.J.A. DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City grant an encroachment agreement with the private property owner of Lot 20, Benchview Estates subdivision, to allow a permanent encroachment of a portion of the sanitary sewer easement that crosses Lot 20 STAFF RECOMMENDATION Staff recommends that Council authorize the City Administrator, on behalf of the City, to enter into the proposed encroachment agreement with said Cascade Homes Dev. Inc. to allow an encroachment of the existing sanitary sewer easement crossing a portion of Lot 20. INFORMATION SUMMARY The building plans for Lot 20 as submitted by Cascade Homes Dev. Inc. incorrectly showed the easement as 5 feet wide, the same as the property sideyard setback. At the completion of the foundation construction, it was determined that the easement on Lot 20 was actually 7.5 feet, and that the garage foundation encroached 2.5 feet. At the request of the Engineering Department, the owner provided a survey to verify the encroachment. The survey is attached to the encroachment agreement as Exhibit A. Inasmuch as the sewer is located approximately 7.5 feet from the building, staff recommends that the encroachment be allowed, with the contingency as noted in the agreement, that the owner is responsible for any extra expense to access the sewer for repair due to the encroachment. OTHER ALTERNATIVES CONSIDERED 1. Deny the encroachment and require the building to be re-designed and constructed off the City easement. 2. Vacate the easterly 2.5 feet of the easement across Lot 20 to remove the encroachment and reduce the total combined easement width to 12.5 feet. FISCAL NOTES MA\EnchmtAg.CCA i AGENDA ITEM # For Agenda of September 27, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Highway Bridge Replacement & Rehabilitation (HBRR) agreements PREPARED BY: R. Wooley DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Approval of Highway Bridge Replacement & Rehabilitation (HBRR) agreements with the Oregon Department of Transportation (ODOT). STAFF RECOMMENDATION Authorize the Mayor and City Recorder to sign the agreements for HBRR funding for replacement of the Grant Avenue and Tiedeman Avenue bridges. INFORMATION SUMMARY On August 23rd the Council authorized the City Administrator to sign agreements with ODOT for HBRR grant funding for the two bridge replacement rojects. However, ODOT is requesting that the agreements be signed by the Mayor and City Recorder. Therefore, it is requested that the Council authorize the Mayor and Recorder to sign the agreements. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES The required City match for these projects is shown in the capital improvement program adopted by the Council on August 23rd. rw/HBRR 0,I N!, I~ 1151 12111I I I! !1111:1 AGENDA ITEM # For Agenda of September 27, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Amendment to Storm Drain Capital Improvem_en_t_Proiects List of Protects PREPARED BY: DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall additional projects be added to the Storm Drain Capital Improvement Projects for the fiscal year 1994/95? STAFF RECOMMENDATION That the Council authorize the additional projects as part of the FY 94-95 Capital Improvement Program, and that the Local Contract Review Board authorize the Engineering Department to advertise for bids on the projects. INFORMATION SUMMARY The list of potential capital improvement program projects was sent the Planning Commission in. May. The proposed projects for storm drainage are far less then the projected funding available. Since May, Engineering and Maintenance Services staff have identified additional storm drainage projects to resolve localized drainage problems. Since additional funding is available, it is proposed to add the following projects to the current fiscal year CIP with the goal of constructing the projects this fall. S.W. 100th Ave - The purpose of this project is to prevent runoff from SW 100th Avenue from passing through a residential area by confining it to the right-of-way and diverting it to the recently installed storm drain in SW McDonald Street. Estimated Cost: $49,000 S.W. Shady Lane - The purpose of this project is to replace a substandard storm drain along the north side of SW Shady Lane, east of Greenburg Rd., to eliminate frequent flooding of the street. Estimated Cost: $52,000 S.W. 115th Avenue near Fairhaven St. - The purpose of this project is to redirect an excessive amount runoff flowing from the street onto a residential lot to an existing storm drain. OFEstimated Cost: $7,500 The seven year capital improvement program adopted by the City Council on August 23, 1994, showed a reserve of $207,000 in the unrestricted storm P drainage CIP fund. These projects are proposed to be funded by, this reserve account. - OTHER ALTERNATIVES CONSIDERED - FISCAL NOTES All sewer projects are funded by the reserve accounts of the unrestricted funds of the storm drain capital improvement fund. dj/CIP.ss AGENDA ITEM 1-1.5 For Agenda of September 27, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Tigard Water District System Assets and Liabilities Allocation e o t. PREPARED BY: DEPT BEAD OK CITY ADMIN OK~ ISSUE BEFORE THE COUNCIL Shall the City Council accept and approve the, System Assets and Liabilities Allocation Report that was a recommended by the Intergovernmental Water Board. STAFF RECOMMENDATION The City Council approve Resolution #p94- accepting the System Assets and Liabilities Allocation Report as recommended by the Intergovernmental Water Board on September 14, 1994. INFORMATION SUMMARY The System Asset and Liabilities Allocation Report was part of the negotiations of the withdrawal of the City of Tigard from the Tigard Water District. The Tigard Water District Board contracted with Economic & Engineering Services,, Inc. to prepare this document. The document sets forth the allocation criteria if one of the jurisdictions i-Ashes to withdraw from the Tigard Water District service area. The document was discussed at the Intergovernmental Water Board Annual Meeting on September 14, 1994 and revisions were recommended and forwarded to each jurisdiction for approval. OTHER ALTERNATIVES CONSIDERED The City of Tigard could make revisions then return this document back to the Intergovernmental Water Board for recommendation and action by each jurisdiction. FISCAL NOTES Unless a member agency withdraws from the Tigard Water District service area, no fiscal impact will occur. The Maintenance Services Division will keep accurate records for updating as needed. kathy\council.ed ~r i . CITY OF T 1 IORAt DtTL+S OREGON CITY OF TIGARDD, OREGON TO:.,. Tigard city council Durham.City Council Xing City City Council Tigard Water District Board FROM: Ed Wegner DATE: September 16, 1994 SUBJECT:' Division of Assets Enclosed is,a revised System Assets and Liabilities Report from Economic and Engineering.Services, Inc. We have.also included a complete set of revised pages that can be inserted into each individual's book. These 'revisions reflect the changes approved by the Intergovernmental Water Board on September 14, 1994 and include revisions necessary to reflect the approved changes. We have also provided a copy of the Resolution to be adopted by your agency.' Upon approval by all agencies, a final copy of the System Asserts and Liabilities Allocations Report will be forwarded to each jurisdiction. If you have any questions, you may contact Ed Wagner. ,13125 SW Hall Blvd,,, Tigard, OR 97223 (503) 634-4171 MD (503) 684-2772 Table IV-2 Tigard Water District Asset Allocation Summary Ututiy Plant Values are at Cost Net of Depreciation Tigard Rater IDW Di, Ms is Tiga~. Durb King Cif ASSE'T'S Current Assets: f Cash and Cash Equivalents $3,711,838 $652,912 52,723,747 $164,434 5170,745 Investments 102,875 18,096 75,490 4,557 4,732 Accounts Receivable 478,869 84,233 351,394 21,214 22,028 Inventory of Materials and Supplies 110,664 19,466 81,205 4,902 5,091 Other Current Assets 13,006 2,288 9,544 576 593 Total Current Assets 54,417,252 $776,995 53,241,380 $195,684 $203,194 Deferred Comp-a lon Pxvestmmts, ddgnated for 5331,059 50 $331,059 $0 SO deferred compensation benefits Utility Plant in Service, at cast, net of accumulated depreciation: Land $692,559 $122,304 $510,209 $29,458 530,589 Buildings 1,156,146 203,366 848,380 51,217 53,183 Improvements Wells, Reservoirs, Pump Stations 2,322,746 493,504 1,747,792 40,459 40,991 Pipelines 16,183,707 3,707,272 10,939,440 704,348 832,647 Machinery & Equipment 517,469 91,023 379,719 22,924 23,804 Total Utility Plant in Service $20,872,627 54,617,468 514,425,539 $848,407 $981,213 TOTAL ASSETS $25,620,938 55,394,463 $17,497,977 S 1,044,091 S1,184,407 Percentages 100.00°/a 21.05% 70.25% 4.08% 4.62% i s -1 fj'yxjai / The percentage of asset values compare reasonably well to the proportionate Interests as computed by the forumla in tha Integovenramental Agreement. For the readers' conventence, the two percentage values are: Jurisdiction Proportionate interest Porportion of Assets Tigard Water District 17.59% 21.05% Tigard 73.38% 70.25% Durham 4.43% 4.08% King City 4.60% 4.62% Table Y-1 Tigard Water District Allocation Percentages of Liabilities and Agency Equity Tigard Water istrict Tigard Durham qg -itvCity LIABILITIES Current Liabilities: Accounts Payable 17.59% 73.38% 4.43% 4.60% Other Accrued Liabilities 17.59% 73.38% 4.43% 4.60% Deferred Compensation Plan Liability 0.00% 100.00% 0.00% 0.00% EQUITY Agency Equity: Contributed Captial 23.77% 66.660/a 4.34% 5.23% Retained Earnings -176.16% 330.00% -13.45% -40.39% TOTAL LIABILHIM AND 21.05% 70.25% 4.08% 4.62% AGENCY EQUrrY sy-; Emil Table V-2 Tigard Water District Allocation of Liabilities and Agency Equity Tigard Water Total District and Durham King City LL43ILMES 'Current Liabilities: Accounts Payable 5129,352 522,753 $94,918 55,730 55,950 Other Accrued Liabilities 96,485 16,972 70,801 4,274 4,438 Total Curvent Liabilities 5225,837 S39,725 $165,719 510,005 $10,389 Referred Compensation Plan Liability 5331,059 So $331,059 SO SO Total Liabilities 5556,896 $39,725 5496,778 510,005 510,389 EQUITY Agency Equity: Contributed Captial 524,762,704 55,885,547 516,506,682 51,074,606 51,295,F68 Retained Earnings 301,338 (530,809) 994,519 (40,521) (121,851) Total Agency Equity $25,064,042 $5,354,738 S17,501,201 $1,034,085 $1,174,017 TOTAL LIABILITIESAND $25,620,938 55,394,463 $17,997,979 $1,044,090 $1,184,406 AND AGENCY EQUITY Percentages 100.000/0 21.05% 70.25% 4.08% 4.62% Appendix B Tigard Water District Allocation of Land Values Alkwaflon Tigard Icing i Water District T_iggrd ®ufiam_ i Future Reservoir $125,000 $21,987 $91,725 $5,538 $5,750 Schoils Ferry Road Reservoir No.3 6,000 1,160 4,840 0 0 Hl Tor Reservoirs 21,600 4,177 17,423 0 0 Administration Building 385,550 67,818 282,917 17,080 17,735 Reservoir No. 1 42,000 7,388 30,820 1,861 1,932 Reservoir No. 4 (1) 0 0 0 0 0 10 MG Reservoir 50,000 8,795 36,690 2,215 2,300 Baylor (1) 0 0 0 0 0 Future Reservoir on SW 150th 66,095 11,626 48,500 2,928 3,041 Reservoir No. 2 (1) 0 0 0 0 0 Less: Misc. Adjustment (3,686) (648) (2,705) (163) (170) Total Land Value $692,559 $122,304 $510,209 $29,458 $30,589 (1) No recoreded land value at time of property deeded to Tigard Water District. value to be determined at such time as an agency withdraws. 09/16/94 Appendix C Tigard Water District Reservoirs, Walls and Pump Stations Utility Plant Values Net of Accumulated Depreciation Allocation Allocation Utility Plant.Value Tlga Water tCing Site A&-,et # Net o . Dan, District ar Durham Pj(y Rese.-4 dr#1 SE- 22RES .$42.223 $7,427 $30,983 $1,870 $1,942 Hunzikor Road Pump Station SE- 45PST 0 0 0 0 0 P.S. at 10 MG Reservoir SW- 13PST 98,836 19,115 79,721 0 0 Well #4 SW- 15WEL 2,998 552 2,302 0 144 Reservoir #4 SW- 16RES 21,040 3,873 16,154 0 1,012 Reservoir#3 SW- 7RES 480,949 93,016 387,934 0 0 Well #3 SW 8WEL 863 167 696 0 0 132nd Pump Stat SW- 25PST 6,796 1,314 5,481 0 0 Well #2 SW- 20WEL 1,281 225 940 57 59 Station #2 Booster Pump SW- 21PST 7,361 1,424 5,937 0 0 10 MG Reservoir SW- 14RES 695,146 122,276 510,098 30,795 31,977 Hi Tor 1.0 MG Reservoir SW 4RES 50,271 9,722 40,549 0 0 Hi Tor 1.1 MG Reservoir SW- 5RES 577,491 111,687 465,804 0 0 Hi Tor 0.2 MG Reservoir SW- 6RES 9,493 1,836 7.657 0 0 Hi Tor Pump Station SW 56PST 5,463 1,057 4,406 0 0 Reservoir #2 SW-55RES 4,051 713 2,972 179 186 Well #1 SE- 51WEL 3,339 587 2,450 148 154 Pump Station #1 SE- SOPST 3,772 730 3,042 0 0 Baylor Reservoir (1.0 MG) NE- 62RES 12,255 0 11,558 697 0 Baylor Reservoir (1.125 MG) NE- 53RES 24,603 0 23,203 1,400 0 Beaverton Tie-in at 121st and NW-1637, NW-1632, 4,578 885 3,693 0 0 Scholis Ferry NW 1643, NW-32MET 11 PRVs 165,000 98,440 65,206 664 690 Miscellaneous 104,936 18,458 77,002 4,649 4,827 Total Reservoirs, Walls and Pump Stations $2,322,746 $493,504 $1,747,792 $40,459 $40,991 B.XTIGARDTACIL.WB1 08/30194 Appendix C Tigard Water District Summary Calculation of Reservoirs. Wells, and Pump Stations Utility Plant in Service Values Net of Accumulated Depreciation Plant Value 1993 Net of Asset Original Useful Accumulated Accum. Number pescxiation Cos Life Depreciation ere llon SE- 22RES Reservoir#1 $138,680 40 $96,457 $42,223 SE- 45PST Hunziker Road Pump Station 11,250 10 11,250 0 SW- 13PST P.S. at 10 MG Reservoir 116,316 10 17,480 98,836 SW- 15WEL Weil #4 9,842 40 6,844 2,998 SW- 16RES Reservoir #4 67,043 40 46,003 21,040 SW- 7RES Reservoir #3 705,159 40 224,210 480,949 SW- 8WEL Well #3 5,314 40 4,451 863 SW- 25PST 132nd Pump Stat 19,432 10 12,636 6,796 SW- 20WEL Well #2 3,990 40 2,709 1,281 SW 21 PST Station #2 Booster Pump 23,265 10 15,904 7,361 SW- 14RES 10 MG Reservoir 1,135,061 40 439,915 695,146 SW- 4RES Hi Tor 1.0 IVIG Reservoir 115,031 40 64,760 50,271 SW- 5RES Hi Tor 1.1 MG Reservoir 616,036 40 38,545 577,491 SW- 6RES Hi Tor 0.2 MG Reservoir 38,298 40 28,805 9,493 SW- 56PST Hi Tor Pump Station 82,746 10 77,283 5,463 SW- 55RES Reservoir #2 26,243 40 22,192 4,051 SE- 51WEL Well #1 12,330 40 8,991 3,339 SE- 50PST Pump Station #1 45,335 10 41,563 3,772 NE- 52RES Baylor Reservoir (1.0 MG) 49,276 40 37,021 12,255 NE- 53RES Baylor Reservoir (1.125 MG) 63,504 40 38,901 24,603 NW-1637, NW-1632, Beaverton Tie-in at 121st and 6,541 50 1,963 4,578 NW 1643, NW-32MEI Scholis Ferry 11 PRVs 165,000 Miscellaneous 104,936 Total Reservoirs, Wells and Pump Stations $3,290,692 $1,237,882 $2,322,746 BftTIGARDiFACIL.WB 1 08130/94 i Appendix D Tigard Water District Supply Unas, Meters, & Pump Stations Allocation of Utility Plant In Service Net of Accumulated Depreciation Values Utility Plant Value Allocation Asset Net of -""T ga d n~1 p- Number Description' Accum, i e-cation MA District Ttoard Durham ~ SE-2206,SE-2264 Bonita R/R Crossing Casing $9,751 $1,715 $7,156 $432 $449 SE-2047,8E-1946 16" DI an Bonita west of Bridge to 6,253 1,100 4,588 277 288 Hail Blvd. SE-2206 16" DI on Bonita from 72nd Ave. to west 28,061 4,936 20,591 1,243 1,291 side of bridge SE-31PST Bonita Pump Station 0 0 0 0 0 SE-2280 Pipeline & Meters - Meter Vault to 46,433 8,166 34,072 2,057 2,136 Walluga 16" and 10" meter NE-30MET Meter Vault Bradley Corners 15,716 2,764 11,533 696 723 NE-1870 36" casing under RIR on Tiedeman 3,407 599 2,500 151 157 NE-1644, NE-1871, NE's-1779 36" casing under Hwy 217 & Greenburg 12,224 2,150 8,970 542 562 SE-1946 16" DI Crossing of Hall at Bonita 30.991 5,451 22,741 1,373 1,426 SE434 16" DI on McDonald from Hall to Pacific Hwy 82,578 14,526 60,596 3,658 3,799 NE-1644 Greenburg 16" DI 36,087 6,348 26,481 1,599 1,660 NE-1645 Tiedeman Vault 9,963 1,752 7,311 441 458 NE-1645 Tledeman Vault (Elec) 3,276 576 2,404 145 151 SW-707 36" DI 10 MG to No. 2 Res. 62,931 11,069 46,178 2,788 2,695 SE-1087 36" Casing on Pacific Hwy & McDonald 4,364 768 3,202 193 201 SE-2222 36" Casing on Bonita at R/R Tracks 1,756 309 1,288 78 81 SE-1072 16" DI on Pacific Hwy - McDonald to Gaarde 1,957 344 1,436 87 90 SE476 & SE-535 & SE-1087 & SE-1071 36" Di on Gaarde from Pacific Hwy to 121 st 195,054 34,310 143,131 8,641 8,973 NE-164a 24" on Tiedeman from vault to south 38,878 6,839 28.528 1,722 1,788 of R/R Tracks NE-1656, NE-1776 24" DI on Tiedeman Tlg3rd St. to Walnut St. 116,791 20,544 65,701 5,174 5,372 NE-1662, SW471, SW-3026 24" DI on Tiedeman-Fonner -121st from 149,568 26,309 109,753 6,626 6,880 Walnut St. to Gaarde SE-1945,SE-2221 24" DI on Bonita from SW 74th Ave. west 8,238 1,449 6,045 365 379 to Bridge SE-2205 24" DI on Bonita from Sequloa 360' west 101,430 17,841 74,429 4,493 4,666 of 72nd NW-8MET Beaverton Tie-in at 135th Ave. and Scholls 3,160 556 2,319 140 145 Ferry Rd. (Bore for Casing) TWD Share - Split w/ Beaverton BATIGARDID1STPIPE.W81 08/30194 Appendix D t Tigard Water District Supply Lines, Meters, & Pump Stations Allocation of Utility Plant in Service Net of Accumulated Depreciation Values Utility Plant Value Allocation Asset Net of gar ng Num er e o Accum. Depreciation Water District Tjgard Durham 0. w SE-33MET City of Tualatin Tie-in at 72nd Ave. and 22,449 3,949 16,473 995 1,033 Bridgeport Rd. SE-2280 24" on Bonita from Pump Station to Waluga 273,817 48,164 200,927 12,130 12,596 Reservoir 5E-2280 16" Master Meter (east of 1-5) 8,533 1,501 6,261 378 392 5E-2222 24" Di under R/R Tracks on Bonita 28,885 5,081 21,196 1,280 1,329 SE40MET, SE41MET Lake Grove Inter-Lie Carmen & 1-5 9,315 1,639 6,836 413 429 r NW-8MET, NW-427 Beaverton Tie-in 135th & Scholls Ferry 3,790 667 2,781 168 174 Rd. TWD Share - Split w/ Beaverton SW 707, S-W-691 36" DI Connections from 10 MG Res. to No. 2 85,908 15,111 63,039 3,606 3,952 i Reservoir SE-2046 24" DI on Bonita from Bddge to McDonald St. 317,010 55,762 232,622 14,044 14,582 NE-1870 24" 01 on Greenburg from Tiedeman to 137,277 24,147 100,734 6,081 6,315 Hwy 217 SE433 24" DI on McDonald St. 397,980 70,005 292,037 17,630 18,307 Total Supply Lines, Meters and Pump Stations $2,253,829 $396,449 $1,653,860 $99,845 $103,676 B:ITIGARD1UOISTPIPE.WB1 08130/94 11111 511111 112 6 1 3; 111i; !;1 11 Tigard Water District Allocation of Distribution Pipes Utility Plant Values Net of Accumulated depreciation Allocation Total Asset Diam Length Asset Tigard City of Number cn ft Value S Water District Durham Kin Cl Ti and SW-194 16 140 3,998 3,998 0 0 0 SW- 202 16 510 1;,565 14,565 0 0 0 SW- 296 16 2,390 68,256 68,256 0 0 0 SW 302 16 70 1,999 1,999 0 0 0 SW- 314 16 250 7,140 7,140 0 0 0 SW- 320 16 260 7.425 7,425 0 0 0 SW-323 16 250 7,140 7,140 0 0 0 SW 325 16 290 8,282 8,282 0 0 0 SW- 491 8 560 7,674 7,674 0 0 0 SW- 525 8 310 4,248 2,124 0 2,124 0 SW- 726 8 320 4.385 2,192 0 2,192 0 SW-730 8 190 2,604 1,302 0 1,302 0 SW- 732 8 130 1,781 891 0 891 0 SW- 15 12 470 9,598 4,799 0 4,799 0 SW- 16 12 720 14.704 7,352 0 7,352 0 SW- 82 12 180 3,676 1,838 0 1,838 0 * SW- 489 12 230 4,697 2,349 0 2,349 0 SW-498 12 190 3,880 1,940 0 1,940 0 SW- 528 12 490 10,007 5,003 0 5,003 0 SW- 536 12 930 18.992 9,496 0 9,496 0 SW- 540 12 420 8,577 4,289 0 4,289 0 SW- 541 12 1,760 35,942 17,971 0 17,971 0 SW- 562 12 270 5,514 2,757 0 2,757 0 SW- 563 12 140 2,859 1,430 0 1,430 0 SW- 582 12 250 5,105 2,553 0 2,553 0 SW- 602 12 160 3,267 1,634 0 1,634 0 SW- 603 12 180 3,676 1,838 0 1,838 0 SW 612 12 650 13,274 6.637 0 6,637 0 SW- 633 12 160 3,267 1,634 0 1,634 0 SW- 677 12 110 2,246 1,123 0 1,123 0 SW- 712 12 550 11,232 5,616 0 5,616 0 SW- 724 12 960 19,605 9,802 0 9,802 0 SW- 734 12 270 5,514 2,757 0 2,757 0 SW- 767 12 430 8,781 4,391 0 4,391 0 SW- 833 12 380 7,760 3,880 0 3,880 0 Total 965,730 $13,890,999 $3,357,760 5531,341 $718,697 $9,283,202 X SEE ATTACHED REVISION FOR: S14-=489 Through SW-734 CAQp1Av PES.W81 37 of 37 Tigard Water District Allocation of Distribution Pipes Utility Plant Values Net of Accumulated Depredation Allocation Total Asset Dlam Length Asset Tigard City of Number (in) - (ft) Value Water District Durham King City Tigard : SW-489 12 230 4,592 2,296 0 2,296 0 SW--498 12 190 3,793 1,897 0 1,897 0 SW 540 12 420 8,385 4,193 0 4,193 0 SW 541 12 1,760 35,138 17,569 0 17,569 0 SW 562 12 270 5,391 2,695 0 2,695 0 SIN- 563 12 140 2,795 1,3c,8 0 1,398 0 SW 582 12 250 4,991 2,496 0 2,496 0 SW-602 12 160 3,194 1,597 0 1,597 0. SW-603 12 180 3,594 1,797 0 1,797 0 SW- 612 12 650 12,977 6,489 0 6,489 0 SW-638 12 160 3,194 1,597 0 1,597 0 SW-677 12 110 2,196 1,098 0. 1,098 0 SW- 724 12 960 .19,166 9,583 0 9,583 0 SW- 734 12 270 5,391 2,695 0 2,695 0 Total 979,430 $13,929,878 $3,310,824 $604,503 $728,970 $9,285,580 ` tig&m\pipesl.wb1 08/31/94 AGENDA ITEM # For Agenda of 9 a-~ 149 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE AMointment to vacancy on the Library Board. o PT HEAD OX CITY ADMIN OIC Az Ne PREPARED BY: 14 ISSUE BEFORE THE COUNCIL Should the City Council accept the recommendation of the Mayors Appointment Advisory Committee to fill a vacancy on the Library Board? STAFF RECOMMENDATION Adopt the attached resolution appointing Lonn Hoklin to the vacancy on the Library Board. INFORMATION SUMMARY A vacancy was created on the Library Board after Susan Grossen's term expired. An article asking citizens to apply ran in the CITYSCAPE and information was displayed at the library regarding serving on the Library Board. Lonn Hoklin's was the only application received. A copy is attached. The Mayor's Appointment Advisory Committee met on September 15, 1994 to interview individuals for vacancies on Boards and Committees. Lonn Hoklin was interviewed to fill a vacant position on the Library Board. The Mayor's Appointment Advisory Committee directed staff to prepare a resolution appointing Mr. Hoklin to the Library Board. The resolution is attached. ~w OTHER ALTERNATIVES CONSIDERED Delay action on appointment at this time. FISCAL NOTES OEM= 71 OREGON C N COMMITTEE INTEREST APPLICATION Name: Lo yiv % ~4oKlivN Date: May as, 194q- Address (Res.): 9,3(-5 S•w. I~~(lev\ Drive- Res. Phone: .SQF -O"(S4 Address (Bus.): 1=f25 S. W - S'avedlou!M -'tree" r Bus. Phone: 6-90-1910 Length of Residence in Tigard: 3 V'E!av-S Suggested by: Nlaaaie Iadanza Where did you live previously: 'Reaver-ov\ , pOir~~av~c~ Educational Background: inns tJ' 'a l~ ~ dl ~i d IiWb , W.- 3/z q!%e~G~ , ~yti~ee~tdy 1`~lsSocc~a ccupational Status and Background: UJr ►r 6v4oue~s s~ Fr~a &i+or chest ir C-- lea. vt ` LIbRs RA - vH bey a ~ ~ ; 46 vVeV e.)cec ass' 4m a4ic-v aePv cxev► eYa 1 M:P MCn,4 'a v\ a . How long have you been employed with this firm: Previous Community. Activity: 06(ut,~ ~2regovd ligu 1g. as~e ~ Organizations and Offices: _ Other Information (General Remarks): She aiA-artAed Board or Committee Interested in: L i t~)ra r y '8oay--d y other pertinent inforri ation you want to share? v-e_-s uwe' aua!t katile- 46 h:\ioptas\tiz\choasnin 13125 SW Hall Blvd.,11gard, OR 97223 (503) 639-4171 MD (503) 684-2772 r~ " L®nn ®in Lonn Hoklin has published five novels in the United States and Britain with Random House,Wamer Books, G. P. Putnam and Headline.A combat veteran ofVietnam, he has worked in both the public and private sectors. In 1974, while a senior at the University of Montana, he worked as the research director and press secretary to state Representative Max Baucus in his successful cam- paign for the U.S. House of Representatives, then went to Washington, D. C., to serve as a legislative assistant to Mr. Baucus. He was the lead congressional staff member in the drafting and enactment of the Flathead Wild and Scenic Rivers Act of 1975, which extended federal protection to a long stretch of wild river adjacent to Montana's majestic Glacier Park. He also handled the congressman's efforts to mitigate environmental damage to northern Montana's Cabin Creek from Canada's Rio Algom coal mine, participating in negotiations with the U.S. State Department, the International Joint Commission, the Canadian Department of External Affairs, and the government of British Columbia. In 1975, he authored "Cabin Creek Realities" (Montana Public Affairs, University of Montana), a comprehensive account of congressional activities to prevent damage to Montana's streams and rivers from Canadian strip mines. In 1977, he became executive assistant to the attorney general of Montana, where he developed administrative and political policy for the criminal justice agencies within the jurisdiction of the state Department of Justice. During his ten-year tenure, he served as staff director of the Montana Board of Forensic Science, helping to establish the state's first Division of Forensic Science and recruit the state's first medical examiner. He was also editor of the Montana Justice Quarterly, a state training publication for law enforce- ment officers and prosecutors published by the attorney general's office. In 1987, he moved to Portland, Oregon, to pursue personal literary projects, which have yielded the novels The Hourglass Crisis (Warner Books, 1987), Greely's Cove (Berkley, 1992), Golden Eyes (Berkley, 1994), and Red Ball (Headline Books, London, 1994), soon to be released in the U S. as Gamaliels Kind (Berkley Books). He had previously coauthored Z- Warning (with Dan Oran, Ballantine, 1979). Since 1988, he has served as an editor and publication designer for Timber Operators Council in Tigard, Oregon, a large industrial association. AGENDA ITEM # I For Agenda of September _27, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Engineering Design and Construction Management services for Reconstruction of the Grant Avenue and Tiedeman Avenue Bridges PREPARED BY: GAA DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL_ Approval of the contract to provide engineering design services for the reconstruction of the Grant Avenue and Tiedeman Avenue bridges through the Highway Bridge Replacement and Rehabilitation (HBRR) program, authorizing the City Administrator to sign the contract. STAFF RECOMMENDATION Approval of the contract, awarding the project to OBEC Consulting Engineers for the engineering design services. INFORMATION SUMMARY Four proposals were received from Engineering Consultants to provide the rofessional services to design and construct the Grant Avenue and Tiedeman Avenue Bridges. The bridge projects are in conjunction with the HBRR program administered by the State. Five engineers from the City, ODOT, Washington County and Tualatin reviewed the proposals and scored them according to predetermined criteria as required by the HBRR procedures. OBEC Consulting Engineers was selected as the best engineering firm to provide the required professional services. Their fee to provide the design engineering services is $193,435.00. One additional contract for construction management services will be necessary when the design is complete and the projects are ready for construction. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES The Capital Improvement Program (CIP) budget includes the City's share of the cost of design and construction of the bridges. ga\hbrr.awd.ss AGENDA ITEM # For Agenda of September 27, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE 130th Avenue/Winterlake Drive Connection Engineering Design PREPARED BY: GAA DEPT HEAD OK CITY ADMIN OK UA4- ISSUE BEFORE THE COUNCIL Approve engineering design contract for the 130th Avenue/Winterlake Drive Connection and authorize the City Administrator to sign the contract. STAFF RECOMMENDATION Approve the contract for the engineering design services, awarding the project to OBEC Consulting Engineers. INFORMATION SUMMARY Three proposals were received from engineering consultants in January 1994 to provide engineering design and construction management services for the 130th Avenue/Winterlake Drive connection. OBEC Consulting Engineers was chosen as 0 the best firm to provide the necessary professional services due to their prior work with similar projects which includes sensitive wetlands. Their fees for poviding the necessary professional services is estimated not to exceed $73,919. Staff recommendation for awarding the contract was delayed due to the concerns of the neighborhood. On August 9th the Council approved the project and on August 23rd adopted the 7 Year Capital Improvement Program (CIP) which included the design of the project in 1994/1995. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES The 1994/1995 CIP budget includes $60,000 for the design of this project from Traffic Impact Fees (TIF). This budget is adequate to complete the preliminary design work, perform the environmental review and to hold neighborhood meetings as promised. At the time of the next CIP update, if Council decision is to proceed to construction, the construction funding will include the remaining funding to complete the design. qa\130-desn.awd 10131 11 MICRO '11 1 112 IS AGENDA ITEM # For Agenda of September 27, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY Local Contract Review Board ISSUE/AGENDA TITLE S.W. 98th Avenue/Scott Court Storm Sewer Ca~pdital Improvement Project PREPARED BY: lea" DEPT HEAD OK h~l- CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the LCRB authorize advertisement for bids for the S.W. 98th Avenue/ Scott Court Storm Sewer Capital Improvement Project? STAFF RECOMMENDATION Authorize the City Engineer to advertise for bids for the S.W. 98th Avenue/ Scott Court Storm Drainage Capital Improvement Project. INFORMATION SUMMARY Tn accordance with the City's purchasing rules, authorization is requested to advertise for construction bids for the S.W. 98th Avenue/Scott Court Storm Drainage Capital Improvements Project. The purpose of the project is to provide for drainage at this intersection. After construction bids are received, LCRB review will again be required prior to awarding a contract for the project. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES This project is part of the 1994-95 Capital Improvement Program approved by Council on August 23, 1994, with a budget of $25,000. dj/98-saott.ss MEN= COUNCIL AGENDA ITEM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: September 27, 1994 DATE SUBMITTED: 9/16/94 ISSUE/AGENDA TITLE: Burghardt Annexation PREVIOUS ACTION: None (ZCA 94-03) PREPARED BY: John Acker DEPT HEAD OK CITY ADMIN OK REQUESTED BY: POLICY ISSUE Should the City Council forward to the Portland Metropolitan Area Local Government Boundary Commission a request to initiate annexation of one parcel consisting of approximately .24 acres located east of Hall Blvd. and south of Spruce Street? INFOR14ATION SUMMARY This annexation request consists of one parcel totaling .24 acres that is contiguous to the City of Tigard. This area is located within Tigard's area of interest. The owner of the property requests annexation with the intention of partitioning the lot. Attached is a resolution to forward the annexation request and an ordinance to change the zone designation from Washington County R-15 to City of Tigard R-12 in conformance with the City's Urban Planning Area Agreement with Washington County. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designations to the property in conformance with the Comprehensive Plan. 2. Deny the proposal. FISCAL IMPACT Since this area is not within Tigard's Active Planning Area, the applicant will pay the Boundary Commission fee of $215 for annexation. The current assessed value of the property is $70,770. SUGGESTED ACTION Adopt the attached resolution and ordinance to forward the annexation to the Boundary Commission and to assign plan and zone designation to the property in conformance with the Comprehensive Plan. ffAmi rrr-F m 95ST iST CT m 3 AVE 90 H A r ti 2+ AV 89TH A O v z C - ~ m 87TH AVE - v to BLVD BLVD HALL Y l ~ 82ND AVC 82ND A lig STAFF REPORT September 27, 1994 TIGARD CITY COUNCIL TIGARD TOWN HALL 13125 S.W. HALL BOULEVARD TIGARD, OREGON 97223 A. FACTS: CASE: Zone Change Annexation 94-03 REQUEST: To annex one .24 acre parcel of unincorporated Washington County to the City of Tigard and to change the comprehensive' plan and zone from Washington County R-15 (Residential, 15 units per acre) to City of Tigard medium density residential, R-12 (Residential, 12 units per acre). The applicant intends to partition the lot upon annexation. COMPREHENSIVE PLAN DESIGNATION: Washington County R-15 ZONING DESIGNATION: Washington County R-15 (Residential, 15 units per acre). APPLICANT: Thomas and Amy Burghardt 10830 SW Hall Blvd. Tigard, OR 97223 OWNERS: Same LOCATION: The southeast corner of Hall Blvd. and Spruce Street, WCTM 1Sl 35AD lot 2900. 1. Background Information No previous applications have been reviewed by the City relating to this property. 2. Vicinity Information Properties to, the north and east are in Washington County. The parcel to the north is vacant and is zoned R-9. Property to the east has a single family residence and is zoned R-15. Properties to ZCA 94-03 Staff Report 1 NINE: y ue the west and south are in the City of Tigard and are zoned R-12. The south parcel is vacant and the west parcel has a single family residence. 3. Site Information and Prouosal Description The property to be annexed has one single family residence on a large lot. The property has frontage on Hall Blvd, which is functionally classified as an arterial. 4. Agency Comments The Tigard Engineering Department, Tigard Police Department, and Tualatin Valley Water District have reviewed the proposal and have no objections. No other comments were received when this report was submitted. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, Citizen Involvement; 10.1.1, Service Delivery Capacity; and 10.1.2, Boundary Criteria and Chapters 18.136, Annexations; and 18.138, Established/Developing Area Classification of the Tigard Community Development Code. The planning staff has determined that the proposal is consistent with the relevant portions of the Tigard Comprehensive Plan based upon the findings noted below: 1. Plan Policy 2.1.1 is satisfied because the Citizens Involvement Team and Community Planning Organization as well as surrounding property owners were given notice of the public hearing. 2. Plan Policy 10.1.1 is satisfied because the Police Department and other service providers indicate that adequate services are available in the vicinity and may be extended to accommodate the subject property. 3. Plan Policy 10. is satisfied because the proposed annexation will not create a boundary irregularity in this area, the Police Department has been notified of this request, the land is located within Tigard's Area of Interest, and adequate service capacities can be made available to accommodate the eventual development of 'the ZCA 44-03 Staff Report 2 IS maw MIRA= property as noted above. The planning staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based upon the findings noted below: 1. Section 18.136.030 of the Code is met because all facilities and services can be made available, the applicable Comprehensive Plan policies discussed above have been satisfied and the property has been determined to be a developed area in accordance with the criteria in Chapter 18.138 of the Code. The Urban Planning Area Agreement between the City and Washington County requires that when annexing land within the City's area of interest the City adopt a zone designation which most closely resembles the County plan and zone designation. This property is within Tigard' s area of interest and as such will be designated medium density residential land use and R-12 zone, which are the closest comparable designations to the present Washington County designations of R-15. 2. Chapter 18.138 of the Code is satisfied because the property is within Tigard's area of interest and will be designated as an Established Area on the development standards area map. C. RECOMMENDATION Based upon the findings noted above, the planning staff recommends approval of ZCA 94-03. ZCA 94-03 Staff Report 3 Sri CITY OF TIGARD, OREGON (n~~~~~ v RESOLUTION NO. 94- A RESOLUTION INITIATING ANNEXATIO TO THE CITY OF TIGARD OF THE TERRITORY AS DESCRIBED IN EXHIBIT "A" AND OUTL ED IN EXHIBIT. " " ATTACHED. (ZCA 94-03, Y►~tY1A0 BURGHARDT) WHEREAS, the City Council of the Ci of Tigar held a public hearing on September, 27, 1994 to consider the a exation of one parcel consisting of approximately .24 acres located east of all Blv . and south of Spruce Street; and WHEREAS, the proposed annexation constit tes a "minor boundary change" under Boundary Commission Law 199.410 to 199.519 an WHEREAS, ORS 199.490(5)(a) gives the governi g ody the authority to initiate a minor boundary change by adoption of a resol ion; and NOW, THEREFORE, BE IT RESOLVED by the Tigard 'ty Council that: Section 1: The City Council, pursuant to RS 199.490(5)(x) hereby initiates proceedings for annexation of t to itory described in exhibit "A" and outlined in exhibit "B" to he C ty of Tigard. Section 2: The City Council hereby ap roves t e proposed annexation and requests the Portland Metrop itan Ar Local Government Boundary Commission to approve it and ffect it s soon as possible; and Section 3: The City Recorder is hereby irected to fi a certified copies of the resolution with the Portla d Metropolit Area Local Government Boundary Commission at once PASSED: This day of J 1994. ATTEST: Mayor - City of igard City Recorder - City of Tigard APPROVED AS TO FORM: City Recorder Date 111!! 11,11 0811 111 1111 Affibk LEGAL DESCRIPTION That portion of Block M and of Lot 1, Block O, METZGER ACRE TRACTS, in Washington County, Oregon, described as follows: Beginning at the Northwest corner of said Block K; thence North 89° 58' East. 99.4 feet; thence South 114.85 feet to the North boundary of that tract described in Deed Book 315, Page 66; thence North 89° 06' Nest along the Northerly boundary of said tract 99.4 feet; thence North 113.23 feet to the place of beginning. PINE ST 0 SID UCE ST ILI co u~ <t THORN ST Q co p EXHIBIT "B„ r C-OUr,C,( September 23, 1994 Tigard City Council: Please include my property (WCTM 1S1 35AD lot 500) with the Burghardt annexation across Spruce Street at 10830 Hall Blvd. My property is contiguous to the proposed annexation. I am requesting annexation because I think my property would be more marketable if it was in Tigard. I have included a check to the boundary commission that will make asp the difference between the Burghardt annexation and one that includes any property. Thank you for your consideration. Sincerely, I.. f " Dorog Ya kin/! n AGENDA ITEM # 1(2 For Agenda of September 27, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Comrehensive Plan Amendment CPA 94-0003 and Zone Change ZON 94-0005• PREPARED BY: Will D'Andrea DEPT HEAD OK CITY ADMIN OK \ ISSUE BEFORE THE COUNCIL Should the City Council approve a request to amend the Comprehensive Plan Map from Light Industrial to General Commercial and a Zone Change from I-P (Industrial Park) to C-G (General Commercial)? STAFF RECOMMENDATION Approval if the entire SW Cascade Area will be expected to be commercial in the future. INFORMATION SUMMARY The 9.91 acre site is located on the west side of SW Cascade Boulevard between SW Q cells Ferry Road and SW Greenburg Road. Adjacent properties to the north, east, st and south are zoned I-P (Industrial Park). Cascade Boulevard is zoned for commercial uses at the far north and south intersections with SW Scholls Ferry Road and SW Greenburg Road respectively. Two seperate ownerships comprise the site. Rembold Trusts, Inc. is the contract purchaser of Tax Lot 500, containing 7.76 acres. PGE owns tax lot 300, containing 2.15 acres. The PGE site contains an electrical substation. The substation would remain after the Comprehensive Plan map change and Zone Change. Tax lot 500 contains a vacant industrial building, formerly the Sentrol building. The applicant's possible uses on this site include construction of a Smith's Home Furnishings store containing 60,000 square feet and a. second specialty retail building containing another 60,000 square feet. The question of the proposed change is what is the appropriate land use designation for the Cascade Area. Given the uses on both ends of SW Cascade Boulevard there are grounds to consider changing the entire area as well as this particular request. The type of uses allowed in an I-P zone blur the distinguishing nature between commercial and industrial uses. The impacts of the proposed change from a utility and traffic standpoint do not appear to be significant. If the change is made, it should be with the notion that the entire area should be commercial and the present zoning is outmoded. The Planning Commission recommended approval of this request after its hearing on August 22, 1994. The applicant's statement, traffic study, Planning Commission minutes and proposed ordinance and final order are attached. OTHER ALTERNATIVES CONSIDERED 1. Approve the attached ordinance thereby approving the requested Comprehensive 4 , 115! IiI 51i :l: ill l iiiiiiii Plan Map Amendment and Zoning Map Change and adopting the Staff report as findings. 2. Deny the Comprehensive Plan Amendment and Zone Change request. , FISCAL NOTES No direct impacts. SOME= CITY OF TIGARD, OREGON 94- ORDINANCE.NO. AN AN diRM ZANCE ADOPTING' FINDINGS, AND CONcLU,SICNS TO APPROVE A COMPREHENSIVv" PLAN REQUESTED BY REMBOM TRUSTS, INC.. F_~+i~~]I?£.NT 1~D BONING t~IA.p ANlEND1P~NT WHERFFiS, the: applicant has requested a ,Comprehensive Plan-Amendment from bight Industrial 1t o,General`;Commercial and a,Zone Change Amendment from'.'I-P (Industrial park")., to C-- eneral''Commercial) fora '!.76: acre parcel MCTM 1S1 35BB, tax lot, 500) and a 2.15 acre,.parce,1 (WCTM 1:S1.35BB, tax lot•300); and' WHEREAS, the Planning; Commission held a public hearing on August 22, 1994 and concurred with, the Planning .Division's, recommendation for approval; and 6 I2EAS,.the Tigard C't Council held a public hearing September 27, 1994 to review, the,,appTllcants".proposal;. the staff .report, the Planning Commission recommeridationland to,. recieve, public testimony; THE CITY, OF TIGAR.D ORDAINS AS. FOLLOWS: „ SECTION 1. The proposal is.,consistent with all relevant criteria based upon the facts,findings,:,and conclusions noted in the attached final order and map, dentified,~a6 Exhibit A. " SECTION. 2 The Cit Council concurs with the Planning Commission and staff, rme dations,, d. pp roves the request n p rehensive lust'rated .on_ the ::attached map. . (Exhibit A)ewith ga Comprehensive it Plan desi ation of General Commercial and C- zoning: G (General: Commercial) S3~CTIOi~T 3 This ordinance shall be.effective,30'days after its passage by the Council, approval by the Mayor, and posting by the City Recorder., PASSED-: Fay vote of all-Council members present after. being read by number and title.only, this day of . 19.94 . Catherine Wheatley, City Recorder f 1994. This 'day APPRO,t7ED .John Schwartz,-Mayor ORDINM(ZE No.. 94 ` . Page roved as to dorm: AttorneY 'date OP-D SCE No ' Page,2 laiii ii lie I; EXHIBIT "A" CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE APPLICATIONS REQUESTED BY REMBOLD TRUSTS, INC.. The Tigard City Council reviewed the application below at a public hearing on September 27, 1994. The City Council approves the request. The Council has based its decision on the facts, findings and conclusions noted below. A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 94-0003 / Zone Change ZON 94-0005 REQUEST: A request for approval of a Comprehensive Plan Amendment from Light Industrial to General Commercial and a Zone Change from I-P (Industrial Park) to C-G (General Commercial). APPLICANT: Rembold Trusts, Inc 1022 SW Salmon, Suite 450 Portland, OR 97204 OWNERS: Thomas Holce Portland General Electric 109 N Lotus Beach Drive 121 SW Salmon Street Portland, OR 97217 Portland, OR 97204 REPRESENTATIVE: Michael C. Robinson Stoel Rives Boley Jones & Grey 900 SW Fifth Avenue, Suite 2300 Portland, OR 97204 LOCATION: 10075 SW Cascade Boulevard. (WCTM 1S1 35BB, tax lots 300 and 500). 2. Vicinity Information The subject site is located on the west side of SW Cascade Boulevard between SW Scholls Ferry Road and SW Greenburg Road. The properties adjacent to SW Scholls Ferry Road to the north are zoned C-G (General Commercial). Adjacent properties to the north, east, west and south are zoned. I-P (Industrial Park). SW Cascade Boulevard is classified as a major collector street, SW Greenburg Road as a major collector and ST. Scholls Ferry Road as an Arterial on the Comprehensive Plan Transportation map. Cascade Boulevard is developed with commercial type uses at the far north and south intersections with SW Scholls Ferry Road and SW Greenburg Road respectively. The northern commercial area contains Levitz Furniture, Toys R' Us and the Shane Company. The southern commercial area contains a gas station, furniture rental, convenience store and other small retail stores. The area also contains an Office Depot, Designer Choice Furniture and Beaverton Honda stores. The remaining lands are developed with industrial type uses or are vacant. 3. Background Information STAFF RPPOPT - CPA 94-0003/ZON 94-0005 -•Rembold Trusts, Inc. PAGE 1 i . The subject site and the majority of the Cascade Boulevard Area was annexed into the City in June 1981. At that time, the zone was changed from Washington County M-1 .(Industrial) to Tigard M-4 (Industrial Park). No other land use applications have been filed with the City. On August 22, 1994 the Planning Commission conducted a public Hearing concerning this request and recommended that the City Council approve this application subject to the findings within this report. 4. Site-Information and Proposal Description This site contains 9.91 acres. It is located on the west side of Cascade Boulevard between Scholls Ferry Road and Greenburg Road. The Southern Pacific Railroad borders the site on the west. Two seperate ownerships comprise the site. Rembold Trusts, Inc. is the contract purchaser of Tax Lot 500, containing 7.76 acres. PGE owns tax lot 300, containing 2.15 acres. The PGE site contains an electrical substation. The substation would remain after the Comprehensive Plan map change and Zone Change. The Holce property contains a vacant industrial building, formerly the Sentrol building. The proposal is for an approval of a Comprehensive Plan Amendment from Light industrial to General Commercial and a Zone Change from I-P (Industrial Park) to C-G (General Commercial). The applicant's possible uses on this site include construction of a Smith's Home Furnishings store containing 60,000 square feet and a second specialty retail building containing another 60,000 square feet. 5. Agency Comments The Oregon Department of Transportation has reviewed the proposal and offers the following comments: ODOT is requesting more information to address the following issues: 1) The traffic impact analysis report does not include long-range analysis of the transportation system's ability to accommodate the anticipated traffic. ODOT would like the applicant to provide information demonstrating the trip generation in the current zone compared to the proposed zone. This type of analysis is typically included in a traffic study for a comprehensive plan amendment and zone change application. 2) Because of the storage concerns, the applicant will need to address storage requirements for traffic turning onto Cascade Boulevard based on the proposed General Commercial zoning compared to the present Industrial zoning. The zone change is expected to increase the westbound left turn lane demand on Scholls Ferry Road at the Cascade Boulevard intersection. This increased traffic is of concern to ODOT since the storage space available for this flow of traffic is limited because of the intersection's proximity to the southbound ramp for Highway 217. If the amount of storage space is exceeded, the traffic could create safety and operational problems such as possible traffic back-ups onto Highway 217 ramp which is unacceptable to ODOT. The State Highway Division has reviewed this proposal and has offered the following comments: ODOT has two concerns regarding the Scholls/Cascade intersection that would be impacted by this develoment. First, the mitigation stated by the Kittleson Report may be difficult since moving both thru lanes to the right would not line up the thru movement and 'inhibits right turns on red. Secondly was their analysis of the signal isolated or did it include the Highway 217 southbound ramp STAFF REPORT - CPA 94-0003/ZOP7 94-0005 - Rembold Trusts, Inc. PAGE 2 u r, terminal signal? The proximity of these two signals are so close that they cannot be realistically analyzed independently. City of Tigard Building Division, City of Tigard Engineering Division, General Telephone and Electric, Portland General Electric, City of Beaverton, Tualatin Valley Fire and Rescue, have reviewed the application, and have offered no comments or objections. No other comments have been received. B. FINDINGS AND CONCLUSIONS The relevant approval criteria in this case are Comprehensive Plan Policies. 1.1.2, 2.1.1, 4.2.1, 5.1.4, 7.1.2, 7.6.1, 8.1.1, 8.1.3 and 12.2.1 and Community Development Code Sections 18.22.040 (A), and 18.62. Section 18.22.040 sets forth the standards and procedures for amendments to the Zoning 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 plum policies and map designation and; the change will not adversely affect the health, safety and welfare of the community; The following are the applicable Comprehensive Plan Policies related to this request. The application's relationship to the applicable criteria is reviewed below each policy: Plan Policy 1.1.2 requires that in order to approve a quasi-judicial amendment to the Plan, the City must find that the change is consistent with applicable plan policies, that a change of physical circumstances has occurred since the original designation, or there is evidence of a change in the neighborhood or community which affects the subject parcel(s). Alternatively, the City must find that a mistake was made in the original designation (Policy 1.1.2, Implementation strategy 2; Community Development Code Section 18.22.040 (A)). This Policy is addressed under 18.22.040(A) criteria 4. Plan Policy 2.1.1 states that the City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided an opportunity to be involved in all phases of the planning process. This policy is satisfied as the applicant conducted a neighborhood meeting on May 23, 1994. The East Citizen Involvement E Team (CIT's) Representative was also notified of this meeting. Notice of Public Hearings have been advertised in a paper of local circulation and notice of a land use action has been posted on the property. Plan Policy 4.2.1 states that all development within the Tigard Urban Planning area shall comply with applicable Federal, State and Regional water quality standards. This policy is satisfied as the site is already developed. Building and site improvements were reviewed for compliance with applicable federal, state and regional water quality standards in effect at the time of development. The proposed redesignation would not, by itself, affect compliance with this plan policy. However, the proposed redesignation of the site for General Commercial use will likely result in building and site STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 3 81 -ism 11 modifications. The applicant is proposing to construct two 60,000 square foot buildings. The applicant's proposal shall require a Site Development Review approval. Compliance with water quality standards is one of the approval criteria. Therefore, any proposed development shall comply with Federal, State and Regional water quality standards. Plan Policy 5.1.4 states that the City shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for commercial uses. This Plan policy is satisfied because the subject property is not located within or adjacent to a designated residential area. Plan Policy 7.1.2 states that as a pre-condition to development that: A) Development coincide with the availability of adequate service capacity for public water, sower and storm drainage; B) The facilities are capable of serving intervening properties and the proposed development and are designed to City standards; and C) All new development utilities be placed underground. This policy has been satisfied because the subject property is currently served with urban services, including water, sanitary and storm sewer. This site is already developed and is not within the boundaries of the 100-year floodplain or a designated area of ground instability. Additionally, all service providers have had the opportunity to comment on this application and have offered no comments or objections. The requested amendment will likely result in the construction of two new buildings. Service providers will have a further opportunity for review as part of the Site Development Review application. Plan Policy 7.6.1 states that the City shall require as a pre- condition to development that: the development be served by a water system having adequate water pressure for fire protection purposes; shall not reduce the water pressure in the area below a level adequate for fire protection purposes; and the applicable fire district review all applications. The proposed redesignation would not, by itself, affect compliance with this plan policy. The Tualatin Valley Fire District and Tualatin Valley Water District have reviewed this proposal and have offered no comments or objections. Proposed future buildings shall be reviewed by these agencies for compliance with these requirements. Plan Policy S.1.1 states that the City shall plan for a safe and efficient street and roadway system that meets current needs and anticipated future growth and development. This policy is satisfied because this property fronts SW Cascade Boulevard, a major collector, which abuts a State Highway (Highway 210, SW Scholls Ferry Road) and SW Greenburg Road, a major collector. The applicants have submitted a report evaluating the traffic impacts of the proposed development under current and proposed zoning. The report concludes that the potential traffic impacts of development under the proposed zoning are not significantly greater than those of potential development under the current zoning. The proposed change can be accommodated while still maintaining acceptable levels of traffic operations and safety on the surrounding street system. While the City of Tigard Engineering Department has accepted the conclusions of the traffic report, the applicant will have to address the concerns expressed by the Oregon Department of Transportation. Plan Policy 5.1.3 states that as a precondition of development that: development abut a publicly dedicated street; street right of way be STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 4 . e dedicated where the street is substandard in width; developer commit to construction of street improvements to City standards to the extent of the davelopment's impacts; parking spaces be set aside and marked for cars operated by disabled persons. This policy will be satisfied as a condition of approval of any future development or redevelopment on the site. Completion of any necessary street improvements along the site's frontages and/or parking lot modifications would be required to be installed by the developer at the time of such development or redevelopment. The Engineering Division and affected reviewing agencies will review any future development proposals for the site. Plan Policy 12.2.1 #2 lists the locational criteria for.General Commercial zones. The applicable locational criteria specified in Chapter 12 of the Comprehensive Plan are the following: a. Spacing and locational criteria require that the commercial area shall not be surrounded by residential districts on more than two sid®s. This site is not adjacent to a residential zoning district on any side. b. Site access criteria require: 1) the proposed area shall not create traffic congestion or traffic safety problems; 2) the site shall have direct access from a major collector or arterial street; and 3) public transportation shall be available to the site. This site does have access to a Major Collector Street. Public transportation is available on SW Scholls Ferry Road and SW Greenburg Road. The traffic study demonstrates that the proposal will not create congestion or traffic safety problems. The Oregon Department of Transportation has expressed concerns related to storage capacity. The applicant will have to address these concerns as requested by Oregon Department of Transportation. c. Locational criteria also requires that the site be of a size which can accommodate projected uses and that the site possess high visibility. This criterion is satisfied for the 9.91 acre site. The existing building and site improvements, as well as proposed buildings can adequately accommodate a variety of uses permitted within the C-G (General Commercial) zoning district. This site is also highly visible from adjoining roadway and state highways. d. Impact Assessment is determined by addressing the following criteria: 1) the scale of the project shall be compatible with the surrounding uses; 2) the site configurations shall be such that the privacy of adjacent non-commercial uses can be maintained; 3) it shall be possible to incorporate unique site features into the site design and development plan; and 4) the associated lights, noise and activities shall not interfere with adjoining non-commercial uses. This Plan policy is satisfied because the impact to the surrounding land uses is determined to be negligible. The scale of the present development as well as the proposed development on this site is compatible with the 9P surrounding uses. There are no residential zoning districts adjacent to this site. The site is presently STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 5 'ii ligimill Ink 111111 11 developed and does not possess unique site features. Off-site impacts should not interfere with adjoining industrial uses. 2. The statewide planning goals adopted under Oregon Revised Statues Chapter 197, until acknowledgement of the comprehensive plan and ordinances. The Comprehensive Plan has been acknowledged. Each amendment to the plan is provided to the appropriate State Agencies for review. Notice of filing of this application has been provided to the State Department of Land Conservation and Development for comment more than 45 days prior to the final hearing on this application as required under State of Oregon Administrative Rule 660-18-020. 3. The applicable standards of any provision of this code or other applicable implementing ordinance. Code Section 18.62 (General Commercial) contains the standards for the General Commercial zone. The subject site meets these requirements in that the minimum lot width is greater than 50 feet and the existing structure does not exceed 45 feet in height. Additionally, the proposed development will require a site development review and will be reviewed for compliance with C-G standards. 4. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. (Ord. 89-06; Ord. 83-52) The applicant's Supplemental justification submittal presents evidence of a change in the neighborhood. This evidence includes the following: Past land use decisions have recognized the need for and support of Commercial zoning designations; The majority of uses are retail or service and not industrial; Market demand in the area is for retail use; The existing Sentrol building is no longer needed for industrial use because it underutilizes the site; and that transportation changes have occured in the area. The applicant's evidence of mistake in the Comprehensive Plan and Zoning Map include: The area does not meet the purpose of the I-P zone as described in the Community Development Code; Property vacant in 1987 is still vacant seven years later, indicating that the zoning is a mistake because it has discouraged development of vacant properties; Rail access is not important to this area; Industrial land protection is not needed, as the I-P allows numerous commercial uses; The area has not developed in accordance with the intent of the I-P zone; and that the original City designations are not justified. k The applicant concludes that the original comprehensive plan and zoning map designations on this site are mistaken because they are not required by the Tigard Comprehensive Plan nor do they reflect the development pattern in this area. The applicant also states that because of the land use and transportation changes that have occured in the atea since =annexation, because there is no strong policy justification for I-P zoning on this site and because the area cannot fit the I-P characteristics, this request should be approved. Evidence of Change in the Neighborhood. The applicant states that past land use decisions recognize the need for commercial zoning and that several zone changes since the site's annexation have reduced the I-P zoned area to the lots along the middle part of Cascade Boulevard. The applicant cites ZC 16-80 (Levitz/Toy's R' Us), CPA 91-04/ZON 91-07 (Shane Co.) and SDR 92-06, 92-13, and 94-05 (Beaverton Honda) as examples of change in the neighborhood. A small area near the Cascade Boulevard/Greenburg Road intersection is and has been zoned commercial since its annexation to Tigard in 1972. With this STAFF REPORT -,CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 6 1100 1 Mm B exception, the Cascade area has historically been zoned industrial. The bulk of the Area was annexed to the City of Tigard in June 1981. At the time of the annexation, the zone was changed from Washington County M-1 (Industrial) to Tigard M-4 (Industrial Park). A Council finding of that annexation states: "The territory is substantially developed with industrial uses. There are some vacant lands suitable for industrial development". In July 1981, immediately following annexation, Portland Chain/Toys R' Us was granted a zone change from M-4 to C-3 (Commercial General), for property located at the far north and west part of the Cascade Area. The City staff report to the Planning Commission stated that Cascade Avenue is a well established industrial zone and will not eventually go commercial. The report noted that Staff would not have made an approval recommendation had the applicant proposed a greater number of retail outlets instead of the large furniture warehouse with a retail outlet proposed at that time. In 1986, the Planning Commission and City Council denied an application to change the allowable uses in the I-P zone to allow, in part, retail use on I-P property. This property is located across the street from the parcel involved in this application request. Staff had discouraged a zone change on the property and so recommended a Zone Ordinance Amendment. Planning Commission minutes record that Staff felt the entire area should be evaluated rather than changing the zoning on this one piece of property. The City Council requested that City staff conduct a study to determine if this area should remain zoned I-P or if the area would be more appropriately rezoned C-G. The 1987 Cascade Area Study was prepared as a result of this request. In sum-nary, this report concluded that there was no compelling reason to change the zoning designation within the Cascade Area. In 1991, a zone change (CPA 91-0004/ ZON 94-0007) was granted from I-P to C-G for the 1.1 acre parcel (Times Building) north of Cascade Boulevard at its intersection with Scholls Ferry Road. This property was annexed into Tigard in October 1985. Upon annexation, the property was rezoned from Washington County M-1 (Industrial) to Tigard I-P. A mistake was found to have been made in the industrial designation because the I-P zoning constituted an industrial "island". In 1992, approval of SDR 92-0006, 92-0013 was granted on property across the street from applicant's property. The 1992 approval allowed the conversion of the former Power Rents building to be used as a motorcycle and lawn equipment sales facility, with subsequent expansion for warehous space. This use is classified in Section 18. 68.030 (A) (2) (b) as Automobile and Equipment: Sales and Rental, light equipment and is a permitted use in the I-P zoning district. In 1994 an approval was granted SDR 94-0005 for an expansion for warehouse space and a showroom. Considerations/Concerns/Evaluation 1. The evidence for a change in circumstance is not very strong. The 1981 zone change (ZC 16-80) was granted but with a reference that the Cascade area would not be converted to commercial. The report also noted that Staff would not have made an approval recommendation had the applicant proposed a greater number of retail outlets instead of the large furniture warehouse with a retail outlet proposed at that time. The only other change was the 1991 zone change (CPA 91-04/ZON 91-07). The applicant, in quoting the 1991 staff report, points out that "when the subject site was annexed into the City, the site was given Tigard zoning designation which most closely matched the original Washington County designation. However, the effect of the previous 8.23 acre zone change from I-P to C-G, which occured in 1980, is STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 7 t that a land use pattern had been created whereby the newly zoned subject site would not fit the existing land use pattern. In effect, an I-P island surrounded by commercial uses had been created. It appears that the C-G designation would have been a more appropriate designation when the property initially recieved a city zone." It should be pointed out that the 1991 report also states "the applicant states that several changes in physical circumstances have occured since Washington County originally applied an industrial designation to the subject property. Staff recognizes one such physical change on this site. With the approval of ZC 16-80 (Levitz/Toys R' Us), the subject property was left as an "island" of I-P land surrounded by arterials and commercial zoning. Approval of CPA 94-03 would create an island of C-G. The conclusion of CPA 91- 04 was that there was a change in the neighborhood and that a mistake was made in the zoning designation. The change was caused by the zone change in 1981 and the mistake was creating an I-P island surrounded by C-G. The reasoning and justification that applied to the I-P "island" does not directly apply to the application presently under consideration. 2. It would appear that the City is facing a similiar decision as it did in 1986, when it denied a Zone Ordinance Amendment. The application in 1986 was in part for permitting a general retail use on an I-P property. The City determined at that time that a closer examination was needed in order to determine the most appropriate zoning for the Cascade Area. The 1987 Cascade study concluded that with the exception of a small area presently and historically zoned commercial, the records clearly show that this area was consistently zoned industrial. Records of past decisions affecting zoning within the Cascade Area show that there was a desire to maintain this area for industrial uses. The properties that have been changed to a commercial zone are located near either Greenburg Road or Scholls Ferry Road. Many comments made during hearings for these zone changes indicate that a commercial zone designation was appropriate only for the particular site in question, not for the entire area. While suitable expansion of commercial areas can be beneficial, retention of established industrial uses is also very important. The results of the 1987 study showed no compelling reason to change the zoning designation within the Cascade Area at that time. 3. Approval of the subject zone change would create a C-G "island" surrounded by I-P zoning. Such a zone change would be creating a similiar situation that the 1991 zone change CPA 91-0004 (Times Building) tried to correct. If CPA 94-03 is approved, there is little reason not to approve the whole area for commercial. Approval of this zone change would certainly open the door for further zone changes to commercial. If the arguement can be made for the CPA 94-03 property, it can be made for all the remaining I-P property along Cascade Boulevard. There would be little remaining justification to continue I-P zoning for the Cascade Area. Past land use decisions discussed and the 1987 study indicated the industrial nature of this area. The industrial potential of this area could be lost through piecemeal changes in zoning. The applicant's proposed change should occur only with a policy decision that the I-P zone in this area is no longer needed and the whole area would be more appropriately zoned commercial. 5. The applicant states in the supplemental application that the area is not appropriate for the I-P or industrial designations and that industrial land protection is not needed. The applicant points to STAFF REPORT - CPA 94-0003/ZON 94-0005 - Rembold Trusts, Inc. PAGE 8 Ift 10 1 11, 11, i,il 12611 the fact that the area has not developed as the I-P zone intended and that many of the allowed uses in the I-P zone are commercial in nature. The applicant also implies that there is not that great a difference between the C-G and I-P zone. The applicant notes that the I-P zone lists 24 permitted commercial uses. The I-P zone does allow 24 commercial uses as defined by Commercial Use Types. Of those 24 use types, only 5 are essentially retail in nature. The I-P zone allows for general retail but limits these uses to 20W of the development complex. While the building character and function of these retail type buildings may be similiar to some industrial uses, staff believes also there is a need to retain an inventory of Industrial land. The question is whether it should be retained here. The Tigard Database 1994 provided updated information concerning acres of vacant land by zoning classification. This inventory identifies 434 total acres of General Commercial and 448 acres of Industrial Park. Of that, vacant lands constitute 114 acres of C-G with 150 vacant acres of I-P. There are approximately 40.95 acres zoned I-P in the Cascade area, with approximately 3.5 acres of vacant land. An inventory of buildable vacant I-P lands identified approximately 85 acres of buildable I-P lands available in the City. The applicant contends that while the Comprehensive Plan acknowledges that a "core problem" facing the City is lack of buildable land designated for industrial use, vacant buildable land must be appropriately located. The applicant states that in this case, the best evidence demostrates that the site is more suitable for commercial development than for industrial park development. The site is relatively small (less than 10 acres) and is near commercial uses on the north and south ends of Cascade Boulevard. The development trend in this area appears to be away from industrial uses and towards commercial uses. Staff recognizes that some change in uses have occured in the area, particularly Office Depot and Designer Choice Furniture locating across the street on Cascade Boulevard. Whether these changes are significant enough to justify a change in the zone from industrial to General Commercial is open to question. The issue before the City Council is whether or not the area along Cascade Boulevard should be Industrial or Commercial. If the propsed change is made, it should be made with the notion that the entire area should be commercial and the present zoning is outmoded for this area. C. DECISION The City Council approves the requested Comprehensive Plan Amendment for Washington County Tax Map properties iSl 35BB, tax lots 300 and 500 from Light Industrial to General Commercial and a Zone Change from I-P (Industrial Park) to C-G (General Commercial). The City Council finds that the change will promote the general welfare of the City and will not be significantly detrimental or injurious to surrounding land uses. It is further ordered that the applicant and parties to these proceedings be notified of the entry of this order. STAFF REPORT - CPA 94-0003/7ON 94-0005 - Rembold Trusts, Inc. PAGE 9 11 101 1§1111M!~ AN I Hall .Ra aM ll!!I,l IN 111!; 11 NOR=, . 3 81e~Q R ~ 600 POia02A094 ~ . I~' m R O ~ P °•m t P r (Af b A 48~ ~ ` Y Hamm 1 11' p ~ 1 . t ~ II v etw l _ ro IT OF TI PLA I EPT. UNION! mill m LAKE woo O7 1 ' b r f AVE nd ^o Ft poste ~yF o-0 .r own Mao Otk 0~ CP moms AVE l 2: R ~Q 108fN Z ~ S N O , r J F ~dY05tl~ ,V m v :POT -TI G i it t a DRAFT TIGARD PLANNING COMMISSION Regular Meeting Minutes - August 22, 1994 1. CALL TO ORDER: President Fyre called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center - Town Hall - 13125 SW Hall Boulevard. 2. ROLL CALL Present: President Fyre, Commissioners , DeFrang, Holland, Moore, Saporta and Wilson Absent: Commissioners Collson, Saxton and Schweitz Staff Present: Will D'Andrea and Mark Roberts, Assistant Planners and Leslee Gemmill, Planning Commission Secretary t 3. APPROVE MINUTES Commissioner Moore motioned to approve the June 20, 1994. meeting minutes as submitted and Commissioner Saporta seconded the motion. A voice vote was taken and the motion was approved unanimously. Commissioner Holland motioned to approve the minutes of the July 18, 1994 meeting minutes as submitted and Commissioner Saporta seconded the motion. A voice vote was taken and the motion was approved unanimously. Commissioner DeFrang abstained. Commissioner Saporta motioned to approve the August 8, 1994 work session minutes as submitted and President Fyre seconded the motion. A voice vote was taken and the motion was approved unanimously. Commissioners Holland, Moore and Wilson abstained. 4. PLANNING COMMISSION COMMUNICATIONS None 5. PUBLIC HEARING 5.1 SITE DEVELOPMENT REVIEW SDR 94-0008 VIPS/BANK OF AMERICA LOCATION: 9575 SW Locust Avenue (WCTM 1S1 26FDC, tax lots 4700 and 4701). An appeal of a Director's Decision approving a 56 unit motel with morning breakfast service. Specifically conditions 1 and 2 relating to right-or-way dedication and street improvements. APPLICABLE APPROVAL CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.1.50, and 18.164. Zone: C-P (Professional Commercial) The C-P zoning district permits a range of professional and personal services. The zone allows transient lodging and restaurant facilities. ISO= Mark Roberts, Assistant Planner, informed the Planning Commissioners that on June 17, 199.4, staff recommended approval for a 56 room motel at the vacant property at Locust Avenue and Greenburg Road. In the decision, Conditions of Approval 01 and #2 required the applicant to dedicate and improve the site's frontage along SW Greenburg Road to the ultimate right-of-way width of 49 feet. On June 27, 1994, the applicant appealed the conditions of approval stating they were not warranted due to the minimal projected impact of the motel given the current levels of service on that portion of Greenburg Road. He said the applicant's traffic report indicated that motel use expected to generate less traffic during peak periods than professional-office use, the primary use permitted for this site. Assistant Planner Roberts continued and informed the Commissioners that the City attorney recommended the Planning Commission uphold the applicants appeal and staff recommended that Conditions of Approval be revised to require the applicant amend the site and landscape,plan to indicate the ultimate right-of-way width but not actually construct or dedicate the improvements. The Attorney further recommended that Condition of Approval #2 be revised and the applicant be required to sign a waiver of remonstrance against the future formation of a Local Improvement District to improve SW Greenburg Road to the ultimate street width. Assistant Planner Roberts said staff recommended the proposed changes to the staff decision issued for the Phoenix Inn Motel. APPLICANTS PRESENTATION Steven V. Johnson, P O Box 2508, Salem, OR 97308 representing YIPS Industries, Inc. addressed the Planning Commissioners. He stated he really had nothing to add but did talk briefly about Washington County's review of the application. PUBLIC HEARING CLOSED Commissioner Holland motioned to upheld the applicants' appeal in accordance to the recommended changes and Commissioner Saporta seconded the motion. A voice vote was taken and the motion was passed unanimously. 5.2 COMPREH.ENSI&E PLAP3 ADMNDHEN CPA 94-0003/ZON 94-0005 REMBOLD TRUST, INC. LOCATION: 10075 SW Cascade Boulevard (WCTM 1S I 35BB, tax lots 300 and 500). To amend the Comprehensive Plan Map from Light Industrial to General Commercial and a zoning change from I-P (Industrial Park) to C--G (General Commercial) . APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 18.62; Comprehensive Plan Policies 1, 2, 4, 5, 7, 8 and 12. Zone: I-P (Industrial Park) The I-P PLANNING COMMISSION MEETING MINUTES - August 22, 1994 - Page 2 110I S11101:11 110 Inn zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage and distribution among other uses. The C-G zoning designation allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, and eating and drinking establishments among other uses. Assistant Planner, Will D'Andrea presented to the Planning Commission, the staff report. He informed the Commissioners that the subject site was located on the west side of SW Cascade Boulevard- between SW Scholls Ferry Road and SW Greenburg Road and the adjacent properties to the north, east, west and south were zoned I-P. The subject site and the majority of the Cascade Boulevard area was annexed into the City in June 1981. At that time, the zone was changed from Washington County M-1 (Industrial-to Tigard M-4 (Industrial Park) and no other land use applications had been filed with the City. He highlighted for those present the established retail/commercial businesses in the immediate area and indicated the remaining sites were developed with industrial type uses or were vacant. Assistant Planner D'Andrea said two separate ownerships comprised the site. Will D'Andrea informed the Commissioners that the applicant's possible uses for this site included construction of a Smith's Home Furnishings store and a second specialty retail building each containing 60,000 square feet. He said the applicant had presented evidence of a change or mistake that justified a zone change on this parcel and he summarized for the Commissioners, the evidence. In conclusion, Assistant Planner D'Andrea said that staff recognized some changes had occurred but whether the changes were significant enough to justify the change from industrial to General Commercial was questionable particularly given some of the staff concerns about the future of the Cascade area. He said the issue before the Planning Commission was whether or not the area along Cascade Boulevard should be industrial or Commercial and if the proposed change was made, it should be made with the notion that the entire area be commercial. He said that while there was some justification for the change, the Planning Division found it difficult to give more than a limited endorsement for approval for reasons including _ the general question of appropriate land-use and the Oregon Department of Transportation concern about traffic. PLANNING COMMISSION IMHTING MII U117ES - August 22, 1994 - Page 3 ig~l APPLICANTS PRESENTATION Michael C. Robinson, Attorney at Law, 900 SW Fifth Avenue, Suite 2300, Portland, OR 97204, using a map and aerial photograph, highlighted for the Planning Commission the location and businesses of the proposed comprehensive plan amendment/zone change. He outlined briefly the applicant's disagreement with staff regarding whether or not to take action on a single parcel or the entire zone and provided details of justification that changes indicated the demand for the area was for retail and not industrial use. He referred to Chris Johnson, a real, estate agent's opinion that the market demand in the area called for retail use. Mr. Robinson outlined the criteria used and provided argument that he said justified evidence of change in the neighborhood or a mistake or inconsistency in the comprehensive plan/zoning map as it related to the subject property. Mr. Robinson briefly talked about traffic issues and Oregon Depart.ment of Transportation's comments he said were without benefit of the traffic study. He referred to the Kittelson & Associates traffic study that compared both zonings that confirmed the potential traffic impact of development under either zoning would be similar. In conclusion, Mr. Robinson indicated that because of the zoning, land use, employment and transportation changes in the area, I-P zoning was no longer justified for this area and asked the Planning Commission recommend approval of the plan map/zoning map to the City Council. Mr. Robinson then distributed a letter addressed to the Planning Commission dated August 22, 1994. The letter was from Kittelson & Associates, Inc. regarding the applicant's response to ODOT- Region One's comments on CPA 94-0003/ZON 94-0005 Rembold Trust, Inc. Commissioner Saporta asked the Kittelson representative to address the Planning Commission regarding the traffic issues. Mark Vandehey, Transportation Planning/Traffic Engineer Associate, Kittelson & Associates, Inc., 610 SW Alder, Suite 700, Portland, OR 97205 summarized ODOT's outstanding concerns as outlined in the August 22, 1994 document regarding Project No. 1235.00 distributed earlier to the Commissioners. PUBLIC HEARING CLOSED Commissioner Saporta stated he understood the arguments for a change of circumstance and mistake but was bothered by the fact that a C-G island would be created. PLANNING COWISSI€)N NEETING NINU`XES - August 22, 1994 - Page 4 IBSEN= Commissioner Holland mentioned there were retail outlets in the I-P making it C-G already. Commissioner Wilson indicated the area was in transition and did not want to hold up the applicants request. The Commissioners briefly discussed the Cascade Boulevard area and the proposed comprehensive plan amendment and zone change. Commissioner Moore motioned to approve the Comprehensive Plan amendment from Light Industrial to General Commercial and a zoning change from I-P (Industrial Park) to C-G (General Commercial). Commissioner Holland seconded the motion. A voice vote was taken and the motion was approved unanimously. 5.3 COMPREHENSIVE PLAN AMENDMENT CPA 94-0004/ZON 94-0006 NIMBUS CENTER LOCATION: 10115 SW Nimbus Avenue (WCTM lSl 34AA, tax lot 1900). The site is located at the southwest corner of SW Scholls Perry Road and SW Nimbus Avenue. Amend the Comprehensive Plan Map from Light Industrial (I-L) and Zoning District Map from Industrial Park (I-P) to a General Commercial Comprehensive Plan Map and zoning designation (C- G). APPLICABLE APPROVAL CRITERIA: Comprehensive Plan Policies 1, 2, 4, 5, 8 and 12; Community Development Code Chapters 18.22, 18.32 and 18.62. ZONE: The current zone Industrial Park permits a range of light industrial uses within an industrial park. Light industrial also permits up to 20% of a development complex to be used for a range of commercial uses. The C-G zoning designation allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services and eating and drinking establishments among other uses. Mark Roberts, Assistant Planner, stated this application was similar to item 5.2 on the agenda. He said the subject site was 2.43 acres in size and located on the southwest corner of SW Scholls Perry Road and Nimbus Avenue within the boll Business Center. The site was a single parcel developed with light industrial office space buildings and a Burger Icing restaurant. The applicant's primary reason for requesting this land-use amendment was because of its limited number of commercial uses permitted under the Planned Industrial designation that had limited the range of tenants which were permitted to lease suites at the site. The subject property was highly visible to motorists and pedestrians traveling on SW Scholls Perry Road. Assistant Planner Roberts said in terms of location and design, the site presently functioned as a G-C site and appeared to draw much of its customer base from passing PLANNING COMMISSION MEETING MINUTES - August 22, 1994 - Page 5 motorists on Scholls Perry Road. By allowing the G-C zoning, the site could offer a great number of goods and services both to the tenants of Koll Business Center and surrounding area. For this reason, it could be said that the zoning could have been a mistake as it related to the specific design of the site. in conclusion, he said staff recommended that the Planning Commission forward a recommendation to the City Council to approve Comprehensive Plan 94-004 Zone Change 94- 0006. APPLICANTS PRESENTATION Richard Allan, 101 SW Main, Suite 1100, Portland, OR 97204, representing Nimbus Center Associates, the applicant, addressed the Planning Commission. He said over 50% of the development was not leased and it is its own complex separate from Koll Business Center. He talked about the situation of having to lease 80% of the center's space for I-P permitted uses and having to compete with the Koll Business Center right next door. in conclusion, he emphasized there were currently no plans for any changes in structure and they are in compliance with C-G and therefore asked the Planning Commission to recognize the reality of the situation. PUBLIC HEARING CLOSED Commissioner stated he was surprised the center wasn't C-G in the first place. Commissioner Saporta mentioned the center was indeed separate and essentially functioned and looked like it was C-G. Commissioner Wilson motioned to approve the request for approval of Comprehensive Plan Amendment 94-0004 and Zone Change 94-0006. Commissioner Saporta seconded the motion. A voice vote was taken and the motion was approved unanimously. 6. OTHER BUSINESS None 7. ADJOURNMENT The meeting adjourned at 8:25 p.m. Leslee`Gemmi1 , Planning Commission Secretary ATTEST: President Fy.*e PLANNING COMMISSION MEETING MINUTES August 22, 1994 ° Page 6 I 09-27-94 04:45PM FROM KITTELSON & ASSOC. TO 9/6847297 _ P002/002 08!10/'04 13:48 ` OST318180 - ION 1 o«s KITIOLS 9dY ~~01/Q61 Septqmba 28, 1 ON . It~gPJAPIC& MEMO To' Lamb NkdUftM Lamd Use Coati tator Ffm fSenl*r Tmn - AnaW se wsct: imesaws Respom fm 000f Merge = - Ran*aW Tnmt Pmpooed Ra=ns (Cascaft Avenue behmn Soho b FeM Rbad and Gmnburg lid) have reviewed °s August 22, 5 resparmeft 0007a cs ncerm regarding the proposed raram gars. KNown aaddressw ttie Mwe of tune storage on $c haffs Esq Roads a*. h mgar& to the long teems traffic forest, if the la 'm's rinse to be eausgae , les recommended ®®6T rxt dwom9a P*aW F=Nea 7671 To a s p~0776 5037318250 00-2fi-4d 01:52F1I POOL $4l gil W&WINGYM RECEIVED - SE~' 2 61 05CMAM 994 ~ COMMUNITY DEVELOPMENT 9585 S.W. Washington Square Rd. • Portland. Oregon 97229 Mailing Address: P.O. Box 23635 • Tigard, Oregon 97223.0095 (503) 63$-6860 ~ A September 23, 1994 Will D°Andrea, Staff Planner City of Tigard 13125 S. W. Hall Blvd. Tigard, Oregon 97223 RE: Comprehensive Flan Amendment CPA 94-0003/ZON 94-0005 Rembold Trusts, Inc. Dear Mr. D Andrea: As registered agent for an adjoining property to the above referenced, I would like to register a concern. The change of use for this property from light industrial to t~ commercial zoning (for a warehouse building to be used as an indoor recreational ~j pl -1r shooting range) would not in itself create a major impact on the road system. ~ However, future commercial use of a different nature could create a major traffic n impact on Cascade Boulevard and Greenburg Road. We request consideration be given for mitigation of off site traffic impact if the use changes in the future. Otherwise, we would prefer to see an exception to the zoing as opposed to a zoning change. Thank you for your consideration. rely, ack F. Reardon, C:SM/CM© Vice, President and (general Manager .IFR:crw cc: Dandy Kyte sum TABLE OF CONTENTS Page 1. SUMMARY . . . . . . . . . . . . . . . . . . . . . . 1 II. SITE DESCRIPTION AND PROPOSAL . . . . . . . . . 2 A. SITE DESCRIPTION . . . . . . . . . . . . • . . 2 B. PROPOSAL . . . . . . . . . . . . . . . . . . . 3 C. PRE-APPLICATION MEETING AND NEIGHBORHOOD MEETING . . . . . . . . . . . . . . . . . . . . . 3 D. CLASSIFICATION OF THE APPLICATION AS A QUASI- JUDICIAL REQUEST . . . . . . . . . . . . . . . . 4 E. APPLICABLE CRITERIA . . . . . . . . . . . . 4 1. Comprehensive Plan Map Amendment . . . . . . 4 .2. Zoning Map Amendment . . . . . . . . . . 5. III. RESPONSE TO APPLICABLE CRITERIA . . . . . . . . . 5 A. COMPREHENSIVE PLAN MAP AMENDMENT . . . . . . . . 5 1. Statewide Planning Goals . . . . . . 5 2. Applicable Tigard Comprehensive Plan Policies . . . . . . . . . . . . . . . . . . 10 3. OAR Chapter 661, Division 12 (Transportation Planning Rule) 21 B . ZONING MAP AMENDMENT . . . . . . . . . . . . . . 23 1. Applicable Tigard Comprehensive Plan Policies . . . . . . . . . . . . . . . 23 2. Tigard Community Development Code 18.22.040(A) . . . . . . . . . . . . . . . . 23 IV. CONCLUSION . . . . . . . . . . . . . . . . 26 EXHIBITS i. . v 1"u 'M I. SUMMARY OWNERS: Thomas J. Holce 109 N Lotus Beach Drive Portland, OR 97217 Tax Lot 500, 7.76 acres (338,025 s.f.) Portland General Electric Company 121 SW Salmon Street Portland, OR 97204 ® Tax Lot 300, 2.15 acres (93,654 s.f.) APPLICANT: Rembold Trusts, Inc. 1022 SW Salmon, Suite 450 Portland, OR 97205 Telephone: (503) 222-7258 Fax: (503) 222-4053 APPLICANT'S Loy Rusch PLANNING CONSULTANT: MCM Architects 1022 SW Salmon, Suite 350 Portland, Oregon 97205 Telephone: (503) 222-5757 Fax: (503) 241-1514 APPLICANT'S Michael C. Robinson (Primary ATTORNEY: Contact) Stoel Rives Holey Jones & Grey 900 SW Fifth Avenue, Suite 2300 Portland, Oregon 97204 Telephone: (503) 294-9523 Fax: (503) 220-2480 PROPERTY LEGAL 0 Holey Property: DESCRIPTION: Tax Map Number 1S135BB, Tax Lot 500 ® PGE Property: Tax Map Number 1S135BB, Tax Lot 300 gob SITE SIZE: 9.91 acres CURRENT TIC Industrial Park (I-P) COMP S IVE PLAN MAP DESIGNATION: CURRIENT TIGARD ZONING Industrial Park (I-P) DESIGTATIONs PROPOSAL: Comprehensive Plan map amendment to Cc ercial General ,(C-G) and zoning map amendment to Commercial General (C-G) II. SITE DESCRIPTION AND PROPOSAL A. SITE DESCRIPTION This site contains 9.91 acres. It is located on the west side of Cascade Boulevard between Scholls Ferry Road and Greenburg Road. See Exhibit 1 (site map) and Exhibit 2 (aerial photograph). The Southern Pacific Railroad borders the site on the west. North of the site is the Suburban Propane facility. South of the site is an industrial use. The area surrounding the site is designated I-P and zoned C-G. B@g Exhibit 3. The area to the north of the site is developed commercially and contains Toys RI Us, The Shane Company and Levitz. Two separate ownerships comprise the site. Rembold min, IN. Trusts, Inc. is the contract purchaser of Tax Lot 500, containing 7.765 acres. PGE owns Tax Lot 300, containing 2.15 acres. Both property owners have submitted letters authorizing this application. S.ee Exhibit 4. The PGE site contains an electrical substation. The substation will remain after the comprehensive plan map and zoning map are amended. The Holce property contains a vacant industrial building. Cascade Boulevard is classified as a major collector by the Tigard Comprehensive Plan ("TCP"). TCP transporta- tion map: The traffic report prepared by,Rittelson & Associates describes the traffic impacts on'Cascade Boulevard and its intersections with Scholls Ferry Road and Greenburg Road caused by this request. B.g Exhibit 5. The proposal will 2 Y not result in unacceptable levels of service on Cascade Boulevard or its intersections with Scholls Ferry Road and Greenburg Road. See Exhibit 4, "Executive Summary." The site contains no wetlands, significant vegetation, flood plain or other hazardous conditions. Fanno Creek is west of the railroad right-of-way. 9 B. PROPOSAL The applicants possible uses on this site include construction of a Smith's Home Furnishings store containing 60,000 square feet and a second specialty retail building containing another 60,000 square feet.1 The applicant will follow the site development review process in Tigard Community Development Code ("TCDC") Chapter 18.120 after approval of the comprehensive plan and zoning map amendment. C. PRE-APPLICATION MEETING AND HEIGHBORHOOD MEETING The pre-application meeting on this application was held on February 10, 1994 pursuant to TCDC 18.32.040. A neighborhood meeting to discuss this application was held on May 23, 1994 with members of the CIT and adjacent property owners. The applicant advertised the meeting by notices posted on the site and letters to property owners within 250 feet of the site and to the CIT representatives. See Exhibit 6. Four persons attended the meeting. None 'A Smith's store is the most likely retail use, but it is not certain to be developed. 3 X 11, opposed the application nor raised concerns about its impact on adjacent properties. D. CLASSIFICATION OF THE APPLICATION AS A QUASI-JUDICIAL REQUEST This application is a quasi-judicial application which is not subject to the time limitations on submittals for legislative comprehensive plan amendments. See TCP 1.1.2, Implementation Strategy II. "Quasi-judicial" is defined in the TCDC as an "action which involves the application of adopted AdL policy to a specific-development application or amendment." TCDC 18.26.030. "Legislative" is defined as "a land use decision that applies to a large number of individuals or property." TCDC 18.26.030. This application applies adopted policies to a specific development application or amendment. Therefore, it is properly categorized as a quasi-judicial application. See Davenport v. City of Tigard, 22 Or LUBA 577 (1992) (explanation of test to determine if an application is quasi-judicial). S. APPLICABLE CRITERIA 1. Comprehensive Plan Maip Amendment The applicable criteria for the comprehensive plan map amendment include the Statewide Planning Goals ("Goals"), applicable policies in the TCP TCDC 18.10:010(A)], and OAR Chapter 661, division 32 (the Transportation Planning V Rule). 4 4 2. Zoning Map Amendment The zoning snap amendment must be consistent with applicable policies of the TCP. TCDC 18.10.010(A). TCDC 18.22.040(A) also contains four criteria for a quasi-judicial zoning neap amendment. III. RESPONSE TO APPLICABLE CRITERIA This section responds to the criteria applicable to the comprehensive plan map and zoning map amendments. A. COMPREHENSIVE PLAN MAP AMEND►MMT 1. Statel Planning Goals a. Goal 1, Citizen Involvement: "To develop a citizen involvement program that ensures the opportunity for citizens to be involved in all phases of th6 planning process." Response: This Goal is satisfied through provisions in the acknowledged TCP and TCDC which provide for citizen participation. The applicant met with the CIT representatives MIR and adjacent property owners prior to submitting this application. 5.g Part I(C) of this application. b. Goal 2, Land Use Planning: "To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions.s Response: This Goal is met because the acknowled.ged TCP and TCDC contain provisions implementing the planning process. 5 W-M MAI 15M nil y' C. Goal 3, Agricultural Lands: "To preserve and maintain agricultural lands." Response: This Goal is inapplicable because the site is not agricultural land as defined in the Goals. d. Goal 4, Forest Lands: "To conserve forest land by maintaining the forest land base and to protect the state's forest economy by snaking possible economically efficient forest practices that assure the continuous growing; and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture.W Response: The site is not forest land as defined in the Goals. G. Goal 5, open Spaces, Scenic and Historic Areas and Natural Resources: "To conserve open space and protects natural and scenic resources., Response: The site is not designated by the TCP as containing open space, scenic and historic areas or natural resources protected through the TCP. f. Goal 6, Air, Water and Land Resources Quality-. "To maintain and improve the quality of the air, seater and land resources of the state." Response: This application will not degrade the quality of the air of the state. The likely commercial uses are not "point source" generators of air pollution. ,lb 6 The water quality of the state will not be degraded by this application. The stormwater runoff will either be 91 retained on-site to allow for gradual filtration into the stormwater system or will be directed into the stormwater i system for treatment. e The land resources of the state will not be degraded by'this application. The site is not in farm or forest use and does not constitute an important resource for the state. g. Goal 7, Areas Subject to Natural Disasters and Hazards: "To protect life tend property from natural disasters and hazards." Response: The site is not subject to natural events that could result in injury to persons or properties, such as stream flooding, ocean flooding, erosion, landslides, earthquakes or hazardous soil conditions. This Goal is inapplicable. h. Goal 8, Recreational Needs: OTo satisfy the recreational needs of the citizens of the state and visitors, where appropriate, to provide for the siting of necessary recreational facilities, including destination resorts." Response: This Goal is inapplicable because the site is not necessary to satisfy the recreational needs of the state. 7 i. Goal 9, Economic Development: "To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, r welfare, and prosperity of Oregon citizens." Response: This Goal is satisfied because the application provides for needed commercially-zoned land close to heavily-travelled arterials. The building on the site is currently vacant, indicating a lack of demand for I-P designated land. The plan map amendment will allow the land to be more beneficially used for commercial purposes. J. Goal 10, Rousing: "To provide for housing needs of citizens of the state." Response: This Goal is inapplicable because the application does not involve residentially zoned land. k. Goal 11, Public Facilities and Services: "To plan and develop a timely, orderly and efficient arrangement of public 46 facilities and services to nerve as a framework for urban and rural development." Response: This Goal is satisfied because the site can be served by appropriate levels of police and fire services, sanitary facilities, storm drainage facilities, and energy and communications services. 8 Jai 1. Goal 12, Transportation: "To provide and encourage a safe, convenient and economic transportation system.0 Response: This plan amendment satisfies this Goal because it will not overload existing collectors or arterials. B_PQ Exhibit 4. M. Goal 13, Energy Conservation: OTo conserve energy.m Response: This application furthers this Goal because it locates commercial land near other commercial land uses, thereby encouraging reduced auto trips because persons can shop at more than one store in one trip. n. Goal 14, Urbanization: "To provide for an orderly and efficient transition from rural to urban land use.0 Response: This Goal is inapplicable because it does not request an urban land use outside the urban growth boundary. a. Goal 15, Willamette River Greenwaym Goal 16, Estuarine Resources, Goal 17 Coastal Shorelands; Goal 18, Beaches and Runes; and Goal 19, Ocean Resources. Response: These Goals are inapplicable because none of the listed natural resources are adjacent to this site. CONCLUSION: This ccatpreb.ensi:r~ pia- amp a-a-ndment conforms to the applicable Statewide Planning Goals. 9 - 2. Applicable Tigard Comprehensive Plan Policies a. Citizen involvement, TCP Policy 2.1.2: "The City shall maintain an ongoing citizen involvement program and shall assure that citizens will be provided-an opportunity to be involved in all phases of the planning process.' Response: The subject property is located within a Citizen Involvement Team ("CIT11) area which has been notified of the proposal. See Exhibit 6. The applicant held an informational meeting on May 23, 1994 to explain the request. Notice of the public hearings before the Planning Commission and City Council will be provided to surrounding property owners as required by the TCDC. b. Natural Features and Open Space, TCP Policy 3.1>1a "The City shall not allow development in areas having the following development limitations except where it can be shown that established and proven engineering techniques related to a specific site plan will make the area suitable for the proposed development. (Notes This policy does not apply to lands designated as significant wetlands on the flood plan and MIS wetlands map.) : (1) Areas meeting the definition of wetlands under Chapter 15.26 of the community development codes (2) Areas having a severe soil erosion potentials (3) Areas subject to sling, earth slide om: movement; (4) Areas having slopes in excess of 25% or 10 FRO, ME! (5) Areas having severe weak foundation soils." Response: The subject property has no wetlands, severe soil erosion, slopes exceeding 25-percent, severe weak foundation soils nor is it subject to slumping, earth slides or movement. The subject property and adjacent areas are developed with no evidence of development limitations. C. Air, Beater and Land Resources Quality, TCP Policy 4.2.1: "All development within the Tigard Urban Planning Area shall comply with applicable federal, state, and regional a waiter quality standards. 0 Response: This policy will be satisfied through the development review and building permit process. The proposed plan map amendment will not affect compliancy: with this policy. d. Economy, TCP Policy 5.]..1: WThe City shall promote activities aimed at the diversification of the economic opportunities available to Tigard residents with particular emphasis on the growth of the local job market. w Response: The proposed map amendment to C-G recognizes the continuing growth of commercial activity near Washington Square and in areas adjacent to this regional shopping center. Smith's Home Furnishings has established a record of high-duality retail outlets. This application will create approximately 60-70 permanent jobs in Tigard. This map amendment also strengthens the retail presence in this area. The Shane Company, Toys RI Us and 11 Levitz stores.are located just north of this site. The Beaverton Honda store is to the east of this site. Tigard's Comprehensive Plan recognizes that proximity to I-5 and Highway 217 nerves as an incentive to economic development in Tigard. The site. is particularly well qualified for commercial land use from that standpoint. Moreover, the TCP notes that the city's large industrial parks provide an ample supply of leasable space for smaller and younger industries. TCP II-29. 'This site, however, is not part of a large industrial park. While the TCP also acknowledges that.a "core problem" facing the city is lack of buildable land designated for industrial use, vacant buildable land must be appropriately located. In this case, the best evidence demonstrates that this site is more suitable for commercial development than for industrial park development. The site is relatively small (less than 10 acres) and is near commercial uses on the south and north ends of Cascade Boulevard. The development trend in this area appears to be away from industrial uses and towards commercial uses. The TCP notes that as of 1981, there were only 76.38 acres of vacant land designated as commercial general. This contrasts with over 126 acres of vac,' nr buildable land in t;;e I-P designation at the same time. TCP I-144. Finally, the TCP notes that "[t]rade patterns followed the major highways through the city, developing 12 commercial zones along the highways and other major arterial streets." TCP 1-144. This plan map amendment is consistent with that trend because it provides C-G designated land along the Highway 217 corridor. e. Economy, TCP Policy 5.1.4: "The City shall ensure that new commercial and industrial development shall not encroach into residential areas that have not been designated for coxm:eercial'or industrial use.9 Response: Approval of this plan amendment will not result in new commercial or industrial development encroaching into residential areas. The nearest residential area is located well to the west of this site. See Exhibit 3. f. Public Facilities and Services, TCP Policy 7.1.2: "The City shall require as a pre- condition to development approval that: (1) Development coincide with the availability of adequate service capacity including: (a) Public water; (b) Public sewer shall be required for new development within the City unless the property is over 300 feet from a sewer line and Washington County Health Department approval for a private disposal system is obtained; and (c) Storm drainage. (2) The facilities age: (a) Capable of adequately serving all intervening( properties and the proposed development; a 13 (b) Designed to City standards; and (c) All new development utilities to be placed underground." Response: This plan policy is satisfied because all necessary public services are available to the subject property at adequate capacities. The site drains to a ditch south of the site. According to the City,z the drainage ditch has recently been improved and is'adequate to handle drainage. The Tualatin Valley Water District serves the site. The District has a 12-inch luxe and an eight-inch line in Cascade Boulevard.3 All new service extensions brought into the subject property will be placed underground. g. Public Facilities and Services, TCP Policy 7.2.1: OThe City shall require as a pre- condition to development that: (1) A site development study be submitted for development in areas subject to poor drainage, ground instability or flooding which shows that the development is safe and will not create adverse off- site impacts; (2) Natural drainage ways be maintained unless submitted studies show that alternative drainage solutions can ZTelephone conversation of June 17, 1994 between Greg Berry and Michael Robinson. 3Telephone conversation of June 20, 1994 between Tualatin Valley Water District and Michael Robinson. Maw- 14 o solve on-site drainage problems and will ensure no adverse off-site impacts; (3) All drainage can be handled on- site or there.is an alternative solution which will not increase off-mite impact; C_h (4) The 100-year flood plan elevation as established by the 1981 flood insurance study conducted by the US Axnly Corps of Engineers be protected; and (5) Erosion control techniques be included as a part of the site development plan." Response: There is no evidence that poor drainage, ground instability or flooding are or will be present on the subject property. In fact, drainage facilities are adequate to serve the site. No natural drainageways exist on the property. Erosion control techniques, if applicable, will be included as part of the site°s development. h. Public Facilities and Services. TCP Policy °7.6.1: OThe City shall require as a pre- ccndition to development that: (1) The development be served by a water system having adequate water pressure for fire protection purposes; (2) The development shall not reduce the water pressure in the area below a level adequate for fire protection purposes; and (3) The applicable fire district review all applications." Response: Development on the subject property can be served by a water system with adequate pressure for fire 1~ protection. Future land use will not cause water pressure to All be reduced below a level adequate for fire protection purposes. i. Transportation, TCP Policy 8.1.1: 00The City shall plan for a safe and efficient street roadway system that meets current needs and anticipated future growth and development." Response: The traffic study concludes that Cascade Avenue is currently a safe street. The study found no significant accident problem for the key intersections in the study area. The study finds that this application will not reduce the streets safety. S4ee Exhibit 5. J.. Transportation, TCP Policy 8.1.3: WThe City shall require as a precondi- tion to development approval that: (1) Development abut a publicly dedicated street or have adequate access approved by the appropriate.approval authoritya (2) Street right-of-way be dedicated where the street is substandard in width; (3) The developer commit to the construction of the streets, curbs and sidewalks to City Standarda within the development; All (4) Individual developers participate in the improvement of existing streets, curbs and sidewalks to the extent of the developments impacts; (5) Street improvements be made and street signs or signals be provided when the development is found to create or intensify a.traffic hazard; (6) Transit !stops, bus turnout lanes and shelters be provided when tho proposed 16 k I us is of a type which generates transit ridership; (7) Parking spaces be set aside and marked for cars operated by disabled persons and that the spaces be located as clone as possible to the entrance designated for disabled persons; and r (3) Land be dedicated to implement the bicycle/pedestrian corridor in accordance with the adopted plan." Response: The property abuts SW Cascade Boulevard, which is a dedicated public street with sufficient right-of- way and capacity to accommodate expected-trip generation from this site. ee.Fsxhibit.S. New streets will not be needed on the subject property. Sidewalks and other improvements will be constructed within the existing right-of-way.as part of the AM6 development. k. •Locational Criteria, TCP Policy 12.2.1: "The City shall:' (1) Provide for commercial development based on the type of use, its size and required trade area. (2) Apply all applicable plan policies. (3) Apply the appropriate location criteria applicable to the scale of the project. General Commercial'. General Commercial areas are intended to provide :for major retail goods and services. The uses classified as General Commercial may involve drive-in services, large space users, a combination of retail, Will service, wholesale and retail services or p-rovide services to the traveling public. The uses range from automobile repair and 17 services, client equipment storage, vehicle sales, drive-in restaurants to laundry establishments. it is intended that these uses be adjacent to an arterial or major collector street." .Response: This site is'located on a major collector street, SW Cascade Boulevard. (1) Scale (2) Locational Criteria "(a) spacing and Location (i) The commercial areas is not surrounded by residential. districts on more than two sides." Response: This site is not adjacent to any residential districts. N (b) Access (i) The proposed areas or expansion of an existing areas shall not create traffic congestion or a traffic safety problem. Such a determination shall. be based on street capacity, existing and projected traffic volumes, the speed limit, number of turning movement and the traffic generating characteristics of the various types ofusers." Response: The traffic study demonstrates that the proposal will not create traffic congestion or a traffic safety problem. Se Exhibit S. "(ii) The site shall have a direct access from s major collector or arterial street." Response: The site,has direct access to a major collector street. 18 4 V(iii) Site Characteristics (a) The site shall be of a size which can accommodate present and projected uses." Response: The site can accommodate the likely commercial uses. A Smith's Home Furnishings store containing 60,000 square feet and a second free-standing building containing approximately 60,000 square feet for specialty retail use may be constructed on this site. The site is large enough to contain both buildings and the required perking at one space for each 400 square feet of gross floor area. See TCDC Section 18.106.030(C)(20). "(b) The site shall have high visibility." Response: The site has extremely high visibility. It is visible from both Highway 211 and Cascade Boulevard. "(c) Public transportation shall be available to the site or general area." . Response: Tri-Met provides service to the general area along both Scholls Ferry Road and Greenburg Road. See Exhibit 7. O(iv) Impact Assessment (a) The scale of the . project shall be compatible with the surrounding uses." Response: The proposed building will be compatible with the surrounding uses. The height of the nearby buildings is about 32 to 35 feet. The buildings on this site will be consistent with the height of retail structures near the site. 19 INIQ IN! J I'M i O(b) The site configuration and characteristics shall be such that the privacy of adjacent non-commercial uses can be maintained." Response.: The privacy of adjacent non-commercial uses can be maintained by this development. The Suburban propane facility to the north of the site does not require privacy but landscaping or fencing can be provided on this site to maintain privacy. Areas to the west of this site, beyond the Southern Pacific Railroad right-of-way and Fenno Creek, are sufficiently distant to maintain their privacy. "(c) It shall be possible to incorporate the unique site features into site design and development plan." Response: The site is currently developed, so it contains no unique site features. " (d) The associated lights, Mill noise and activities shall not interfere with adjoining non- residential uses." Response: Associated lights, noise and outdoor activities on the site will be minimal. Lights will be limited to security lighting, lighting for parking and illuminated signage. Lighting will face Cascade Boulevard rather than. residential areas to the west. No outdoor storage or retail uses are proposed, so exterior noise will be minimal. The site will be designed so that truck traffic does not interfere with 20 ffi pedestrian or vehicular traffic.4 Lights, noise and activity will have no impact on the Suburban Propane property to the north. 3. OAR Chapter 661, Division 12 (Transportation Planning Rule) a. OAR 661-12-060 Part of the administrative rule applies to amendments to comprehensive plans, functional plans and land use regulations. OAR 660-12-060(l). The rule is applicable to this application because it requests a comprehensive plan amendment. OAR 660-12-060(1) and (2) provide as follows: 10(1) Amendments to comprehensive plans, functional plans and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity and level of service of the facility. This shall be accomplished by either: (a) limiting allowed land uses to be consistent with the plan functions, capacity and level of service of the transportation facility; (b) amending the TSP [Trans- portation System. Plan] to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; (c) altering land use designa- tions, densities, or design requirements to reduce demand for automobile travel and meet travel needs through other modes. 4However, Smiths stores deliver customer purchases from a warehouse, so truck traffic from the stores is limited. 21 !!I 'III!! I I]IIQ FIRM (2) A land use regulation amendment significantly affects the transportation facility if it;% (a) changes the functional classification of an existing or planned transportation facility; (b) changes a standard implementing a functional classification system; (c) allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or (d) would reduce the level of service of the facility below the minimum acceptable level identified in TSP.0 Cascade Boulevard is identified as a major collector on the TCP Transportation Map. Other affected transportation facilities include Greenburg Road and Scholls Ferry Road. Greenburg Road is a major collector and Scholls Ferry Road is an arterial. g g TCP transportation map. This application does not propose to change the ' functional classification of any street or the standards implementing the functional classification. The application will not reduce the level of service on Cascade Boulevard, Greenburg Road or Scholls Ferry Road below the minimum acceptable level nor will it allow types or levels of land uses which result in levels of travel or access that are inconsistent with the road's designations. S_Qg Exhibit 5. 'T'herefore, this application conforms to the requirements of the Tp, 22 y. Transportation Planning Rule because it does not significantly affect a transportation facility. b. OAR 660-12-055(3) This part of the rule requires the City to have amended its land use and subdivision ordinances to implement OAR 660-12-045(34), (4) (a) - (3) and 5(d) by May 8, 1994. The City has met the deadline except for OAR 660-12-045(4)(b). That section requires connections between new retail uses and transit stops. ORS 197.646(3) provides that when a city does not implement an administrative rule as required, the rule is "directly applicable"-to a land use decision. In this case, however, OAR 660-12-045(4)(b) is inapplicable to this application because it is directed to actual site design and not comprehensive plan map or zoning map decisions. B. ZONING MAP AMMMMENT •1. Applicable Tigard Comprehensive Plan Policies TCDC.18.10.010(A) requires that each application be consistent with the TCP. The applicant hereby incorporates part III: (A) (2 ) of this application ( 7°A:pplicable TCP Policies") as responses to the criteria for the zoning map amendment. 2. Tigard Co=unity Development Code 18.22.040(A.) The criteria for a quasi-judicial amendment to the zoning map are found in TCDC 18.22.040(A)(1)-(4). The standards are as follows: 01. The applicable comprehensive plan policies and map designation and the change 23 's will not adversely affect the health, safety and welfare of the community; 2. The statewide planning goals adopted under Oregon Revised Statutes chapter 197, until acknowledgment of the comprehensive plan and ordinances; 3. The applicable standards of any provision of this code or other applicable implementing ordinance; and 4. Evidence of change in the .neighborhood or community or a mistake or inconsistency in the comprehensive plain or zoning map as it relates to the property which is the subject of this development application." a. Response to (1): The zoning map amendment is-consistent with applicable TCP policies. The findings in Part III(A)(1) of this application on the TCP policies are also applicable to the zoning map application. The change will not adversely affect the health, safety and welfare of the community. For example, the traffic study found that the change will not worsen traffic congestion or cause impaired traffic safety. The site is not located in a flood plain nor does-it contain hazardous soils or other undesirable features. b.- Response to (2): The TCP and TCDC are acknowledged, so the Goals are inapplicable to this request. c. Response to (3): The zoning map amendment is consistent with the applicable provisions of the TCDC, Chapter 18.62 "General Commercial District." This chapter establishes the requirements for the C-G zoning district. 24 r (1) Permitted Use. The likely retail uses AID are permitted uses in the C-G zoning district. TCDC 18.62.030(A)(2)(1) "General Retail Sales." (2) Minimum Lot Area, The C-G district does not have a minimum lot area. TCDC 18.62.050(A)(1). (3) Minimum Average Lot Width. The required average minimum lot width is 50 feet. TCDC 18.62.050(A)(2). This lot exceeds the average minimum lot width. (4) Other Dimensional Requirements. The retail buildings will comply with the dimensional requirements of the C-G zone. TCDC 18.62.050(A)(3) (setbacks), (4) (45-foot maximum height), (5) (maximum site coverage of 85 percent including all buildings and impervious surfaces) and (6) (minimum landscape requirement of 15 percent of the lot). . d. Response to (4)s Several zone changes or conditional uses have been approved recently in this area. This is evidence that there is on-going change in the neighborhood from industrial to commercial land uses. The property is directly across Highway 217 from the Washington Square regional shopping center.. The areas to the north and directly across Cascade Boulevard contain commercial uses compatible with a C-G designation, including Levitz Furniture, The Shane Company, Toys RI Us, Beaverton Honda, and Office Depot. 25 r s IV. CONCLUSION This application satisfies the applicable criteria for a comprehensive plan map and zoning map amendment. PDM1-111693.1 26 EXFLXBXTS Exhibit 1 SITE MAP Exhibit 2 AERIAL PHOTOGRAPH Exhibit 3 AREA ZONING MAP Exhibit 4 AUTHORIZATION LETTERS FROM THOMAS J. HOLCE AND PORTLAND GENERAL ELECTRIC COMPANY Exhibit 5 TRANSPORTATION IMPACT STUDY BY KITTELSON & ASSOCIATES Exhibit 6 SAMPLE LETTER TO AND LIST OF PROPERTY OWNERS WITHIN 250 FEET OF SUBJECT PROPERTY, AFFIDAVIT OF MAILING AND AFFIDAVIT OF POSTING NOTICE ON THE SITE Exhibit 7 TRI-MET SERVICE IN THE GENERAL AREA Exhibit 8 APPLICATION FORM AND ATTACHMNT .g s yAr Al,~ a c a DR T TEDR'S c --'t0 s { 8' C f i Br AV tf DI WASHI ON d s S A E a MALL R-12 tl R R ST CRESCENT GROVE L I{ A T. CEMETERY R®.5 T. 7 Kai BUSwESS Tax Lots CENTER 300 and 500 W R-12 LLLd RAPIEEEAf s~ • M > Si. w ~ A ST h - ~ O ADT E ® C R L s ST D K a S C o a R!~ Z - 1 D i s cr s r ixhirsi t 1 YIiA~ 12 THE F O~I~~ 0 U-N IS OF POOL ORIGINAL QiJALIrI'Y 11,114 STAIRS, :1: A s t J4 IME s r a f A.. + ~ t 9- ss 'ti ar ' Q~ r;7 ~a (D (D ft :•y ct e. ! r Q t sti '~i1~tf•i t ~ U •k I u om ~ rr.N ~ W ~ 6pyix hMa:. Z0NING r DISTRICTS - -ll I 141:. ! S'a.nnc•,r. - sall- _ R-~S f ~ 15CfneOM■ - a-a I !}6 s ~uaav. " R' /L~• -L 1 t ( .a f R- ar arum PER +J7gJ/~'J I I ~-s mw nn Iris ft' 41 7 R.5 ;t-_u I L " _ - I - Al- " II ~ l ~ a I T 5" vI-P J Ii i n r R-B at anon ,`II I •'L': _ I II~~ I s ~ e~ L D~ P . » hYYY--,-e94 Qi3'es PTL.D TES. Pffie5L4jr°.3 :'•s: 1 tIaS PLC DBEGG may 10, 1994 Mr. Way= C. Rombold l bw '1 mm Imo. 1022 SW Sdmom S 450 po"Iend, OR mu Dur Waym: Per Me Of tW AM Stale Aq=mM by 'i'au. Im., an On= cmpwadon, , Nd TMW J. How, Sir, for etas 4pPKtt '7.7 ! 91 10385 SW CM=do tiff. Tigard, OAvpn, Holm Invtmuum S3 On Pirabold T well me a lta n with rospm to ft mmning eL Lim g W SUMMI. . Sect~x~Ey, . N , BEWS & SDOSON 09h johmn AamiRM We Redd= /Gtr rcmWId.qj AAGRWD AND AC : Hoke in By# 1 i 9 21 $we MOAAM*Y %tTRL-Ef. 4iiiTF 200 P~MYLAM OROMM o ISOM P23-'7191 FAX I 4 273.0258 gAb~pae►dCiSCO CA Esst®o S i. o lad ~lal tl W . 1MAX • e+ EWlBm • F~Sil66A9S Exhibit 4 ffm a April 5, 1994 Mr. Dave Larson Portland General Electric 121 SW Salmon Portland, Oregon 97204 Dear Mr.' Larson: Re: Zone change for 10835 SW'Cascade.Road Rembold Trusts, Inc. has entered into an agreement to purchase property which is located at 10835 SW Cascade Road in Tigard, Oregon. This site is adjacent to a site which is presently owned and occupied by Portland General Electric Company and which PGE uses for a substation. Rembold Trusts, Inc. has requested that PGE join with Rembold Trusts, Inc. to apply for a change of the present zoning for the property which PGE owns and the property which Rembold Trusts, Inc. intends to acquire. The change would be from the existing zoning which is Industrial Park District (I-P) to Commercial-General (CG). This letter confirms that Portland General Electric Company will join in Rembold Trusts, Inc.'s application for a change of zoning on the following conditions. 1. All costs of the applications, including traffic and other studies, legal and applications fees, shall be paid by Rembold Trusts, Inc.; and 2. The zone change shall not require any change in or restrict.PGE's existing use of its property as a substation. Please sign a copy of this letter indicating PGE's consent to participate in the zone change in accordance with the terms of this letter. very tr y yours, Way C. Rembo Portland General Electric accep s and agrees to the terms of this letter as evidenced by the signature of its authorized agent below. p. PORTLAND GENERAL ELECTRIC BY: Y~ 4 Tigard.PGE4.5 1022 SW Salmon, Suite 450 Phone (503) 2224258 Portland. Oregon 97205 FASO (503) 2224053 Exhibit 4 l~ MINE Transportation Impact Study Cascade Rezone - ..r..:..+{x.}w,_:;}rw. rt} •}:iir4niax•'r.. SV!/ Cascade Boulevard A . 111, W11 Tigard, Oregon "NONE MEMO MEN KITTELS N & ASSOCIATES, INC. 'Transportation Planning/TrafficEnginec-ring . , jun®' 994 •xhi:Pi ~ t 5 Transportation Impact Study Cascades Rezone SW Cascade Boulevard Tigard, Oregon Prepared for: Rembold Trust, Inc. Prepared by: Kitteison Associates, Inc. 610 S.W. PJder, Suite 700 Portland, Oregon 97205 (503) 228-5230 IA Project No.: 1235.00 .Dt, ne 7994 KNI- Juns7994 Cascade Rezone Table of Contents Fable of Contents Section I Executive Summary 1 Section 2 Introduction . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3 Eadstinig Conditions . . . . . . . . . . . . . . . . . . . . . 6 r l Section 4 l i affic Impact Analysis 10 Section 5 Conclusions and Recommendations . . . . . . . . . . . . . . . . 23 Section 6 References . . . . . . . . . . . . . . . . . . . . . . . . 25 Appendix A Description of Level of Service Methods and Criteria 27 Kitte+lson & Asso-Vatev, Inc. ff .Puna 9994 Cascade Rezone Ust of Figures Usf of Figures Figure 1 Site Vicinity . . . . . . . . . . . . . . . . . . . . . . . . 5 Figure 2 1997 Base Traffic Volumes P.M. Peak Hour . . . . . . . . . . . . . . 12 Figure 3 Trip Distribution . . . . . . . . . . . . . . . . . . . . . . . 15 Figure 4 Existing Zoning (I-P) Site-Generated Traffic Volumes P.M. Peak Hour . . . . . . 17 Figure 6 Proposed Zoning (C-G) Site-Generated Traffic Volumes P.M. Peak Hour 18 Figure 6 Existing Zoning p-P)1997 Total Traffic Volumes P.M. Peak Hour . . . . . . . 19 Figure 7 Proposed Zoning (C-G) 1997 Total Traffic Volumes P.M. Peak Hour . . . . . . 20 Figure 6 Recommended Mitigation . . . . . . . . . . . . . . . . . . . 22 1 Lest of Tables Table 9 Existing Transportation Facilities within Study Area . . . . . . . . . 7 Table 2 Accident Analysis . . . . . . . . . . . . . . . . . . . . . . 9 Table 3 1997 Base P.M. Peak Hour Level of Service . . . . . . . . . . . . . . 11 Table 4 Survey of Trip Generation Rates for Specialty Retail . . . . . . . . . . . 14 Table 6 Trip Generation . . . . . . . . . . . . . . . . . . . . . 14 Table 6 P.M. Peak Hour Level of Service . . . . . . . . . . . . . . . . 15 Table 7 P.M. Peak Hour Capacity Comparison . . . . . . . . . . . . . . 21 r "flttefson & Assocfates, Inc. fit al 1,1! ~r ^'a } :•k• i? ]:?n:?•ttvv: y} : 1 r i {Gti}' r . h. } n ti:: 4... t .f r rr.'rt• h. 7. . •tit'r :.i: r::•:.. . i.7.... , is R\\\ :}:.t• F..rvl.. I.~ f} :v:::..:.:...: v::::v v•..+-rv:::w:: -w: w::::.v.v v.:.•.., }nv i-i):v}: i:: • -iii: ......i x:..:.,..,. n.. v'^:::.v.... ?•i:•i:(::•i}}:•}:•}}} S:v:•})}):•}}}:•}: ?v v::: %•}}}}:i' •..v r PI~A[Yft r f xV . .................:::.....::.v:.v.::{.}}:w..:.}w'• v:.i?^_it't?: n5 .vhN I. n. yr. )):i•: -::::;•)::4i)iii):• v:::::'•:v'w:: } m:::::.vv:::.:::::::::::::::. ' w 4:w)})}: w::::::::::v;,, ::v:::.;.w::::.: r•vti;??•xw7v •ro:M~vi~ }...@..~................... Y cc" E Co 0 @qag ~6g Ali *a-am go mw motto ~&4 _ - I ~ 1111 N Big= ME= June 1994 Cascade Rezone Executive Summery Executive Summary RemboldTrust, Inc. is proposing amendments to the comprehensive plan map and zoning map for two parcels on SW Cascade Boulevard between SW Scholls Ferry Road and SW Greenburg Road in Tigard, Oregon, changing the zoning designation from I-P (Industrial Park) -to C-G (Commercial General). This study presents an analysis of the potential traffic impacts associ- ated with the proposed zone change. Existing conditions and 1997 base year traffic volumes and analyses have been taken from the HalllGreenburglScholls Area Traffic Needs Study (Reference 1) prepared for the City of Tigard. The specific conclusions and recommendations are as follows: The intersections of Cascade Boulevard with Scholls Ferry Road and Greenburg Road currently operate at acceptable levels of service per the HalUGreenburg/Scholls study. ® No significant accident problem has been identified for the key intersections in the study area. • Under 1997 base traffic volumes, the intersections of Cascade Boulevard with Scholls Ferry Road and Greenburg Road are expected to operate at acceptable levels of service per the HalllGreenburglScholls study. • The only intersection which requires mitigation as a result of development of the site is Scholls Ferry/Cascade. This intersection can be mitigated by simply reassigning the lanes on the northbound and southbound Cascade approaches from left/through and right to left and through/right. No signal phasing changes or geometric improvements are required. It should be noted that this intersection requires the same mitigation with development under either existing or proposed zoning. • The intersections of Scholls Ferry/SR 217 SB Ramps and Greenburg/SR 217 SB Ramps are projected to be approaching capacity regardless of the development of the site. For the Greenburg/SR 217 SB Ramps intersection, the HalUGreenburg/Scholls study has recommended the provision of two right-turning lanes on the southbound ramp and two westbound receiving lanes on Greenburg Road. Operations at the Scholls Ferry/SR 217 SB Ramp intersection can be further improved at some future time by converting the left lane of the ramp approach into a shared left-through-right lane, creating an additional lane for right-turning traffic. This will require restriping and may require some widening of the ramp to accommodate two lanes on the ramp for a minimum of 225 feet. • Statewide Planning Goal 12 is satisfied, as the proposed change 'in zoning will not significantly affect the surrounding transportation facilities. Further, with minor miti- gation, adequate transportation facilities are available to accommodate full development of the site under the proposed zoning. r Kitteiscn & Associates, inc. 2 Mlm M mm Malm ' ` MM- 0 M F--d-, NINES MEN ffj 0 Section 2 rr3 Introduction ME. m 't- C _,J:. ~ `1`::~W`d lL•.lVSYd'IRC~~Lf/' June1994 Cascade Rezone Introduction Introduction PROJECT DESCRIPTION Rembold Trust, Inc., is proposing amendments to the comprehensive plan map and zoning map for two parcels on SW Cascade Boulevard between SW Scholls Ferry Road and SW Greenburg Road in Tigard, Oregon, from its existing zoning designation I-P (Industrial Park) to C-G (Commercial General). Access is proposed via site driveways onto Cascade Boulevard. A map showing the vicinity of the site is given in Figure 1. SCOPE OF THE REPORT This report addresses traffic-related impacts of the proposed rezone application. Specific traffic related issues discussed in this report include: Existing land use and transportation facilities in the project study area. Development and analysis of base traffic conditions in the study year 1997. ® Trip characteristic estimates for buildout of the site under existing and proposed zoning designations. ® The traffic impact and necessary mitigation measures required under both zoning scenarios for weekday evening peak hour operations at the intersections of SW Scholls FerryRoad/Cascade Boulevard and SW Greenburg Road/Cascade Boulevard. Comparative analysis of the two zoning scenarios at the SR 217 ramp terminals on Scholls Ferry Road and. Greenburg Road. The traffic impact and necessary, mitigation measures required for weekday evening peak hour operations at the site driveways on SW Cascade Boulevard. This report has been prepared in accordance with guidelines and scope set forth by City of Tigard transportation and planning staff. OREGON'S STATEWIDE PLANNING GOAL 12 (TRANSPORTATION) Oregon's Statewide Planning Goal 12, Transportation (OAR 660-12-060(l)(a)), provides the following guideline for determining when to evaluate the function, capacity and level of service of transportation facilities with respect to proposed land use changes: "Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which signif icantly affect (emphasis added) a transportation facility. " As will be demonstrated by the analysis presented in this report, the proposed zone change and comprehensive plan amend- ment, as well as the proposed use, will not have a significant effect on the transportation facilities (vehicular, pedestrian, bicycle, and transit) serving the site; that is, the capacity and level of service of transportation facilities will not degrade significantly with the proposed change. Therefore, as this report will demonstrate, according to OAR 660-12-060(1)(a) no further analysis or discussion of these issues will be required. Nonetheless, this report demonstrates that adequate transportation facilities are, available with minor mitigation. Kittehon & associates, Inc. 4 WASHINGTON SQUARE SHOPPING CENTER CRESCENT GROVE CEM. . v SITE 217 m SITE VICINITY GURE REMBOLD TRUST, iNC. CASCADE REZONE JUNE 499 . 1 p01 a MEMO ;y{}}v;;^;.,i':••wox: fp?~.i'i ff~i:' : •'v':i'1:: ji,:;:;•ii:{rijr:; }:iii OMEN 'Or•Y: 1. IN l ~ sn.> INS . 4ti T !OMEN MEMO ME 0 Section 3 ME NiPRST'ate Existing Condition ' i .v June 1994 Cascade Rezone Existing Conditions Existing Conditions., SITE CONDITIONS AND CURRENT LAND USE The site consists of two parcels totaling 9.91 acres. The northern parcel, 2.15 acres, is currently occupied by a Portland General Electric substation; the remainder of the site, 7.76 acres, is currently occupied by an engineering and electronics manufacturing building with accompa- nying parking and storage. On the east, the site is bounded by Cascade Boulevard; the remaining three sides are bounded by Southern Pacific railroad tracks on the west, Suburban Propane on the north, and Cascade Business Center on the south. The site and all adjacent parcels are currently zoned I-P (Industrial Park). Along with businesses and industrial land uses, Cascade Boulevard serves a variety of specialty retail stores, including the Cascade Plaza shopping center, Toys 'R' Us, Levitz Furniture, and 4ft Shane Company, and recreational uses such as Malibu Grand Prix. Just east of the study area, the Washington Square shopping center serves as a regional dra; f for retail consumers through- out the Portland Metro area. Table I Existing Transportation Facilities within Study Area Functional Posted Speed An-Street Name Classification (mph) Sidewalks Bike Lanes Parking SR 217 Regional Arterial - 55 No No No Freeway Scholls Ferry Rd. Major Arterial 35 Yes Yes No (SR 210) Greenburg Rd. Major Collector 35 Yes No No Cascade Blvd. Major Collector 30 No No Unmarked TRANSPORTATION FACILITIES A summary of the existing transportation facilities within the study area is given in Table 1. The major intersections within the study area are as follows: • SW Scholls Ferry Road/Cascade Boulevard: This intersection is controlled by a fully actuated signal with protected left turns on Scholls Ferry Road and permitted left turns on Cascade Boulevard. The eastbound approach on Scholls Ferry Road has three lanes; the lane closest to the curb drops off at the intersection of Scholls Ferry Road/SR 217 Southbound Ramps. R SW Greenburg Road/Cascade Boulevard: This intersection is controlled by a fully actuated signal with protected left turns on Greenburg Road and permitted left turns on Cascade Boulevard. The south leg of the intersection serves a motel driveway. K tteisors & , ocdaTes, Inc. 7 4~r 1 June 1094 Cascade Rezone Existing Conditions TRANSI'T SERVICE Although no Tri-Met bus routes serve Cascade Boulevard directly, a number of bus routes serve Scholls Ferry and Greenburg Roads with stops at their intersections with Cascade Boulevard. Scholls Ferry Road is served by Tri-Met Routes 45, 62, and the 92X express to downtown Portland; Greenburg Road is served by Tri-Met Route 78. PEAK HOUR OPERATIONS To assess the traffic conditions at intersections in the study area, a volume-to-capacity ratio (V/C) and Level of Service (LOS) were derivedfor each movement that reflect how much available capacity, traffic congestion, and vehicle delay exists. This capacity and LOS analysis is based on the techniques described in the 1985 Highway Capacity Manual (Reference 1). The volume-to-capacity ratio is a measure of effectiveness used by the transportation engineer- ing profession to quantify the degree of saturation of a facility. A volume-to-capacity ratio greater than 1.00 indicates that more traffic is attempting to pass through a facility than the facility can accommodate. For signalized intersections, a We ratio in the range of 0.95 to 1.05 indicates that the intersection is operating at capacity. LOS is a concept developed by the transportation engineering profession to quantify the degree of comfort (including such elements as travel time, number of stops, total amount of stopped delay, and impediments caused by other vehicles) afforded to drivers as they travel through an intersection or roadway segment. LOS is expressed as a letter grade that ranges from "A", indicating that vehicles will experience little, if any, delay, to "F", indicating that drivers will experience significant traffic congestion and delay. For signalized and all-way stop controlled intersections, LOS "D" is considered by the City of Tigard to be the minimum acceptable LOS grade; for unsignalized intersections LOS "E" is considered to be the minimum. A detailed explanation of these. LOS letter grades, as well as the criteria used to establish them, are presented in Appendix A. . Existing traffic volumes were taken from a previous study of the HalllGreenburg/Scholls area conducted by Parametrix, Inc., for the City of Tigard (Reference 2). That study reports LOS C at the intersections of Scholls Ferry Road/Cascade Boulevard and Greenburg Road/Cascade Boulevard during the p.m. peak hour. Kittek-pon A slsrsoc~ates, Inc. 8 155,152 101 111 j • June1994 Cascade Rezone Existing Condtil ACCIDENT ANALYSIS A review was made of accident history at the key intersections in the study area. The HalllGreenburg/Scholls study examined accident history over a larger study area; excerpts of those findings are presented in Table 2. For the Greenburg/Cascade intersection, not reported in that study, a review was made of City of Tigard accident records over a three-year period from 1991 through 1993. As the table shows, the highest accident rate occurs at the Green- burg/SR 217 Ramps. Based on this cursory analysis, it appears that the accident experience at the intersections most impacted by this rezone application, Scholls Ferry/Cascade and Greenburg/Cascade, is suffi- ciently low to not require safety-related improvements. The accident experience at Green- burg/SR 217 Ramps is likely to improve with the improvements recommended in the HaUlGreenbu.rg/Scholls study. However, no specific conclusions can be drawn without a detailed analysis of accident type and severity. Table, 2 Accident Analysis Average Daily - Average Annual Accidents/Million Intersection Entering Volumes Number of Accideents Entering Vehicles Scholls Ferry Rd./Cascade Blvd.' 36,050 6.4 0.57 Scholls Ferry Rd./SR 217 SB Ramps' 34,650 4.0 0.37 Scholls Ferry Rd./SR 217 NB Off-Ramp' 25,550 1.3 0.16 Scholls Ferry Rd./SR 217 NB On-Ramp' 23,750 7.5 0.81 Greenburg Rd./Cascade Blvd. 23,350 1.3 0.16 Greenburg Rd./SR 217 Ramps' 36,400 14.3 1.27 ' From Hal VGreenburg/Scholis Study (Reference 1). Kitt®Lson & Associates, Inc. g Y}8-.., ta: ..G~ S > I f u ' ~v r dI L;- }:i::!!?~ IH i }ff^ ..}wnn•.....-:::.~.~: i?i?}...::.:::...:.::... + T \ :ti: ;4tv}t:.v,:iS •i:;:;:j?:'::iii:4i: .....iii........ •??:i•???+1....... 4??i: iii??:.'..::. G?kh tt . .....t•}T% t. T. t 4 1 kk\ \4 NOON :n n ?~iii:}:Jiijii': i~~ iijjiiii'riiiiii ~ii:~}:'t?t?iiiiii:: is :i:M1:•?Sii::iv}:i 'r: i? :'ri:?~i:•i::ii2:it niC•'~yiV{Ty5 f} +,\n T 'i;+\;St''.ti}ti: ?r?;{•:•:{{.?i+:•}i :•:•;t•:•}:•i:{?ii;{{ }:~:Fj;}?:jL;i:;:;:;i?::4}ii'?:ii'XL~.}i i~v~iii.... .}i.?~~• . \fi\•?;+ : ME 0 ' nom::;::.:::: •?:ti::.}}?w.} :::::::n :titiivt i is Y: 1 :t+. 1 n\:. , t +;}:in {i'iL?:h r'titi~i::i. •iiii?:^iii'ri}ii? ?:iiii ~:4:{•$T:ti}: '4 t v k +1 +~^~\tii~}{,vk\ :S<isi~iviY:i:•:'•::vv$ijii::•.~i+iii?: k vvfi: n:•v. v y S L~ June 1994 Cascade Rezone Traffic Impact Analysis Traffic Impact Analyses The weekday peak hour impacts of traffic generated by the proposed development were analyzed as follows: • 1997 base year traffic volumes were taken from the Hall/Greenburg/Scholls study. • Traffic generation characteristics for both existing and proposed zoning scenarios were estimated from published data summarized by the Institute of Transportation Engineers. • The distribution characteristics for the site-generated traffic were estimated from existing traffic patterns within the surrounding transportation system. • The site-generated traffic for both zoning scenarios was superimposed onto the 1997 base traffic volumes and assigned to the street system. • A level of service analysis was performed for the intersections. within the study area for weekday p.m. peak hour conditions. • Comparisons of impacts to capacity were performed for the SIB 217 interchange ramp terminals for both zoning scenarios. • Mitigation measures were developed to provide for smooth traffic operations and adequate storage of queued vehicles, as well as for geometric considerations. 1997 BASE TRAFFIC VOLUMES Based on discussions with City of Tigard staff, the base year traffic volumes for this study were borrowed from the HalllGreenburglScholls study. To ensure a conservative estimate of potential background development in the region, the base traffic volumes were taken from the reported worst-case scenario entitled, "1997 P.M. Peak Hour Traffic Volume with Growth on 80%-90% of Vacant Developable Land." These volumes, after balancing where appropriate, are presented in Figure 2. 1997 BASE PEAK HOUR OPERATIONS Based on the analysis methodology described previously, volume/capacity ratios were esti- mated for the study area intersections for the weekday p.m. peak hour; these are given' in Table 3. Level of service estimates were taken directly from the HalllGreenburg/Scholls study. As the table shows, all intersections are projected to operate at acceptable levels of service. Table 3 1997 Baste P.M. Peak Flour Level of Service Intersection Vic LOS Scholls Ferry Rd./Cascade Blvd. 0.86 D• Greenburg Rd./Cascade Blvd. 0.71 C. From hfsll/+Greenburg/Scholls Study (Reference 1). Kittelson & Associates, Inc. 11 F V w a ?90 /r` 295 0 oa _o k.305 455 1 • b W 00 • ~ 36S oy 3`~S 1~njjgo S ftwv Y C p~ N 535 m o4j,Mh l V~ ¢ or 300 ac 1 ,1 S7 OGo • nGo Z17 ~a S~ N O ~ t0 t15~ 505Z y o b F~~ ~o~U~ES BASE TRAFFIC FIGt1~ 1~9 PEAK HO P TRVS~ ti EMS CmQ Jld June 1994 Cascade Rezone Traffic Impact Analysis LAND USE ASSUMPTIONS In order to perform a comparative analysis between existing and proposed zoning scenarios, each scenario was assumed to be built out to a maximum practical level given the nature of the study area. Under the existing zoning designation (I-P), a reasonable worst-case scenario involves a site occupied by 160,000 square feet of general office space. The proposed zoning designation (C-G) allows for a wide variety of commercial and retail uses. Given the location of the site midway between Scholls Ferry Road and Cascade Boulevard and the nature of businesses in the area, a reasonable worst-case development scenario consists of specialty retail stores. This land use assumption is consistent with other retail development along Cascade Boulevard. According to Trip Generation, 5th Edition, published by the Institute of Transportation Engineers (Reference 3), "specialty retail centers are generally small strip shopping centers containing a variety of retail shops, specializing in quality apparel, hard goods, services such as real estate offices, dance studios, or florists, and small restaurants." These types of land uses are more destination-oriented than shopping centers containing supermarkets or other pass-by type of retail uses; as such, trip generation rates for specialty retail is generally lower than that for general shopping centers. Most of the existing retail land uses on Cascade Boulevard could be classified as specialty retail. Therefore, a reasonable worst-case scenario under proposed zoning involves 110,000 square feet of specialty retail. It is also important to note that the PGE substation has been assumed to be included in the area to be redeveloped. However, the substation is likely to remain in place for the foreseeable future, and thus actual buildout of the site will be less than that presented in this report. With the PGE substation in place, the developable square footage on site will reduce to 125,000 square feet of office or 56,000 square feet of specialty retail. Consequently, the level of buildout assumed in this analysis for either zoning scenario is conservative. TRIP GENERATION Trip generation estimates for the existing zoning scenario have been calculated based upon trip rates from similar land uses that have been compiled in Trip Generation. The weekday p.m. peak hour is considered to be the.most critical time period for traffic around this site because it combines the highest trip generation of the site with the highest background traffic on the adjacent streets; neither the weekday a.m. peak hour nor the Saturday midday peak hour meets both these criteria. Given the sensitivity of retail trip generation to the location of the site, local retail trip generation rates offer a more realistic measure of the trip generation potential of retail in the site vicinity. To determine these local trip generation rates, a survey was made of three existing retail sites along Cascade Boulevard. This survey is summarized in Table 4. Kitteison & Associates, Inc. 13 11% 1 00 June 1994 Cascade Rezone Traffic Impact Analysts Table 4 Survey of Trip Generation Rates for Specialty Retail Existing Retail Sites P.M. Peak Flour Rate Per 1080 sq. ft. Silo Retail Center 1.17 Levitz Fumiture 1.10 Toys 'R' Us 3.86 Average 2.04 Using this information, the expected number of site-generated trips for each zoning scenario during the weekday p.m. peak hour is presented in Table 5. As can be seen in the table, both low and high estimates of specialty retail trip generation have been presented. To ensure a conservative analysis, the highest of the measured trip generation rates has been used for the remainder of the analysis in this report. Because specialty retail is destination-oriented and does not lend itself to pass-by trips, no pass-by trips have been assumed. TRIP DISTRIBUTiON/ASSIGNMENT ANALYSIS Using existing peak hour turning movements and the Hall/Greenburg/Scholls study as a guide, the trip distribution pattern shown in Figure 3 was estimated for traffic generated by the proposed development. Table 5 Trip Generation Trip P.M. Peak Flour Trips Generation Land Use Size (sq. ft.) Rate Total In Out EXISTING ZONING (I-P) Offico 160,000 1.63 260 45 215 PROPOSED ZONING (C-G) Specialty Retail Low 110,000 1.10 120 60 60 High 110,000 3.86 420 210 210 M f: yr IClaWbon Assoclates, Inc. 14, rte. . a= esy r 0 2V S1T'E aE N - Ig(JTIO' FIGURE TRIP -ffz ~t4c. JWWW, June1994 Cascade Rezone Traffic Impact Analysis Based or. this trip distribution pattern, the site-generated traffic was assigned to the streets within the study area under the existing and proposed zoning scenarios. These site generated traffic volumes are presented in Figures 4 and 5, respectively. TOTAL TRAFFIC VOLUMES/OPERATIONAL ANALYSIS To determine projected 1997 total traffic volumes, the site-generated volumes for each zoning scenario (Figures 4 and 5) were added to the 1997 base volumes (Figure 2) to produce total traffic volumes. These are presented in Figures 6 and 7 for the existing and proposed zoning scenarios, respectively. A capacity analysis was then conducted for the key intersections and the site driveways. The results of this analysis are presented in Table 6. As the table shows, the intersection of Scholls Ferry/Cascade is expected to operate near capacity under both existing and proposed zoning. With the mitigation. discussed in the next section, this intersection is expected to operate at an acceptable level of service. All other intersections, including the site driveways, are projected to operate with acceptable levels of service. Table 6 P.M. Peals Hour Level of Service Intersection Existing Zoning Proposed Zoning Signalized VIC LOS Vic LOS Scholls Ferry Rd./Cascade Blvd. 0.96 E 0.95 E With Mitigation 0.80 D 0.80 D Greenburg Rd./Cascade Blvd. 0.76 C-D 0.81 D Unsignalized Reserve Capacity LOS Reserve Capacity LOS Cascade Blvd./North Site Entrance 270 C 230 C Cascade Blvd./South Site Entrance 260 C 190 D To analyze the impact of the proposed zoning change on the SR 217 interchanges, a comparison was made between volume-to-capacity ratios for each ramp terminal. The results of this comparison are presented in Table 7. As the table shows, all critical intersections are projected to operate virtually the same under the proposed zoning scenario as under the existing zoning.. As Table 7 shows, both intersections of Scholls Ferry/SR 217 SB Ramps and Greenburg/SR 217 SB Ramps are projected to be approaching capacity regardless of the development of the site. The HalllGreenburg/Scho11s study has recommmended a number of improvements to the Greenburg/SR 217 interchange; one of these is the provision of two right-turning lanes on the southbound ramp and two westbound receiving lanes on Greenburg Road. The intersection of Scholls Ferry/SR 217 SB Ramps can be mitigated by converting the left lane of the ramp approach into a left-through-right lane, creating a double right turn. A queuing analysis using r'. a 95% confidence level and an assumed vehicle length of 25 feet indicates that a minimum of 225 feet of storage per lane needs to be provided. This will require restriping and possible widening of the ramp to accommodate two lanes on the ramp for the required distance. Kittelson & Associates, Inc. 16 INNER No I Up 10 % R i: mim, 1 p~„are~ ~ a 6P ~5 rn Q ,S yg gyp' 4`'S S h c~ S ~t . N c 217 `s°~ ~ ,ITE 10 s so 0 ye' yys~. ~^w~o 51 n J!0 N V ti0" I'P VOLUM 7-Or TRAFFIC x~~ E NERT F►GUE JA ~ GE R sITE P A< I WOU { P. isc I v RE S of IkEZ JUNE 199. a ' s Ilk, h ?S` ~ N c y~J" je-30 F N b H 2~~ 4 4O SITE ".t 1° s s ~ 'I* h °1- / ss ZONING (C:b) VOL-L) DES E PI~OpOSE ERATE® TR~F SGU P.M. P • ?hv- X90 ~ r ~z95 Mb°' 0 _o ~ 305 s-455 t IT, y~a~ ip Lt•~JgO PAS S~y~ ' Af, ~ o 535 L'S 0- 3US 217 ss T E 41900 S~ 0( h~bb ~ c ®fj ~s vOLUME:s 114G P) EXis79'TOTAL TRA Fl f!IGU 199 HOUR P. M. PEA INC. pEbA RE~© 0000010 qq ~D '90 29S ~h P Ma 305 460 t c3 APO yy~ Ia SBS 0 sa s°•.> ,~tio h tiO1wO~' ` ~ 1535 0-330 ~r i ~o°u`'o 217 "s~'~ SITE YJ~ h ryryyhp ONING CC°C; FUMES PROPOSED TRArI TOTA U R FIGURE ~ P. M. FE ~c 7 auE Nov June 1984 Cascade Rezone Traffic Impact Analysis Table 7 P.M. Peale Hour Capacity Comparison 1997 Base 1997 Base + 1997 Base + . Existing Zoning Proposed Zoning Intersection VIC 111-11 V/C Scholls Ferry Rd./Cascade Blvd. 0.86 0.96 0.95 With Proposed Mitigation 0.80 0.80 Scholls Ferry Rd./SR 217 SB Ramps 0.95 0.96 0,98 0.811 0.821 0.851 Scholls Ferry Rd-/SR 217 NB Off-Ramp 0.70 0.72 0.72 Scholls Ferry Rd./SR 217 NB On-Ramp 0.84 0.86 0.86 Greenburg Rd./Cascade Blvd. 0.71 0.76 0.81 Greenburg RdJSR 217 SB Ramps 0.95 0.96 0.99 0.892 0.902 0.922 Greenburg Rd./SR 217 NB Ramps 0.81 0.82 0.82 1 Assumes recommended improvement from left lane converted to shared left-through-right. 2 Hall/Greenburg/Scholls Area Traffic Needs Study (Reference I RECOMMENDED MITIGATION The only intersection which requires mitigation as a result of development of the site is Scholls Ferry/Cascade. This intersection can be mitigated by simply reassigning the lanes on the northbound and southbound Cascade approaches from left/through and right to left and through/right. No phasing changes or geometric improvements are required. It should be noted that this intersection requires the same mitigation with development under either existing or proposed zoning. This recommended mitigation is shown in Figure g. t . KJttnlson Aworbtw, Inc, e 1 I'T. 0111 111 i D V m SITE 217 REASSIGN BNAND SB APPROACHES RECOMMENDED MITIGATION REMBOLD TRUST, INC. Ri U E CASCADE REZONE f-l JUNE 1994 ' 12 5 006 ggl Emmim I ti..E.v n 4:w: + \S s{•i•3~i`:•' Vii'%~ ::`.;'.}:ji::{ s 4.:.•rvnsv,A. ; OEM : k} tim 4 .}ns • .l •vsfF' p:v7 r.{dw~v M1:4 }}y:ti• q n } v $ ,mot::~::.~: in -0 m c cu 0 •m n C -0 z r E c 0 June 1994 Cascade Rezone Conclusions and Recommendations Conclusions and Recommendations Based on the results of the traffic analysis and recommended mitigation discussed in this report, the proposed change in zoning designation from I-P to C-G can be accommodated while still maintaining acceptable levels of traffic operations and safety on the. surrounding street system. The specific conclusions and recommendations are as follows: • The intersections of Cascade Boulevard with Scholls Ferry Road and Greenburg Road currently, operate at acceptable levels of service per the Ha&Greenburg/Scholls study. • No significant accident problem has been identified for the key intersections in the study area. e Under 1997 base traffic volumes, the intersections of Cascade Boulevard with Scholls Ferry Road and Greenburg Road are expected to operate at acceptable levels of service per the Hall/Greenburg/Scholls study. • The only intersection which requires mitigation as a result of development of the site is Scholls Ferry/Cascade. This intersection can be mitigated by simply reassigning the lanes on the northbound and southbound Cascade approaches from left/through and right to left and through/right. No signal phasing changes or geometric improvements are required. It should be noted that this intersection requires the same mitigation with development under either existing or proposed zoning. Elm Eff • The intersections of Scholls Ferry/SR 217 SB Ramps and Greenburg/SR 217 SB Ramps are projected to be approaching capacity regardless of the development of the site. For the Greenburg/SR 217 SB Ramps intersection, the Hall/GreenburglScholls study has recommended the provision of two sight-turning lanes on the southbound ramp and two westbound receiving lanes on Greenburg Road. Operations at the Scholls Ferry/SR 217 SB Ramp intersection can be further improved at some future time by converting the left lane of the ramp approach into a shared left-through-right lane, creating an additional lane for right-turning traffic. This will require restriping and may require some widening of the ramp to accommodate two lanes on the ramp for a minimum of 225 feet. • Statewide Planning Goal 12 is satisfied, as the proposed change in zoning will not significantly affect the surrounding transportation facilities. Further, with minor miti- gation, adequate transportation facilities are available to accommodate full development of the site under the proposed zoning. lfittelsoF: & Assocla4ES, inc. 24 MIM X sun= ti• Y 4x h}4 . ~ ;:::i`::1:::::;;:;::;Y}~: i:::Y%:•:?;:::i:3::?Y ~RYYa:Y~: isSiiiii';y{{.:.}}%}}:}}:.::i•}: ~:-:}i}>%: i:: ii: ~::t:v vF.::•: '•::.v:'••--•.--•.~:.:::::::::::v::::•: $:•:t4:4'O:S:tG:• x.{ v v4 } { } Y .k v•}.n `y v: k. r y tv.•~ . f ffss vh i•} v ...V r, %YiY{ s %h'v\ t kkk?'t ti.• r ,f ..v h MY.4} v k+F~: r? iii{t:; v4\ - a vvx }Tk~ ♦ w•.v. tiv:• :vv{ r k 5G h~ :ti:ti>s y' X• ...t.:....... ♦y~•}. =46 NMI NMI NMI NOME June 9994 Cascade Rezone References seek, References 1. Transportation Research Board. Highway Capacity Manual. Special Report No. 209. 1985. 2. Parametrix, Inc. Hall/Greenburg/Scholls Area Traffic Needs Study. January 1994. 3. Institute of Transportation Engineers. Trip Generation, 5th Edition.' 1991. KRfestson & Associates, ;no. 26 NINE i I! SEEN NONE MEMO }{fi,x<-:;: f r l +r'•^"••~„sr.,F. ~F 4 rm f rr'~i ; Y•~ • fir:. } Nu {'~'r''~{ mom@ f / MEMO ME. lr••'r'••-: ME Appendix A 0 Description of Level of Service -m 0 Methods n Criteria aea June 1994 Cascade Rezone Appendix A Appendix Level of Service Concept Level of service (LOS) is a concept developed to quantify the degree of comfort (including such elements as travel time, number of stops, total amount of stopped delay, and impediments caused by other vehicles) afforded to drivers as they travel through an intersection or roadway segment. Six grades are used to denote the various LOS from A to F. I Table Al Level of Service Definitions (Signalized Intersections) Level of Service Average Delay per Vehicle to Minor Street A Very low average stopped delay, less than five seconds per vehicle. This occurs when progression is extremely favorable, and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. B Average stop delay is in the range of 5.1 to 15.0 seconds per vehicle.'This generally occurs with good progression and/or short cycle lengths. More vehicles stop than for a LOS A, causing higher levels of average delay. C Average stopped delay is in the range of 15.1 to 25.0 seconds per vehicle. These higher delays may result from fair progression and/or longer cycle lengths. Individual cycle failures may begin to appear at this level. The number of vehicles stopping is significant at this level, although many still pass through the intersection without stopping. D Average stopped delays are in the range of 25.1 to 40.0 seconds per vehicle. The influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, long cycle length, or high volume/capacity ratios. Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cyc!e failures are noticeable. E Average stopped delays are in the range of 40.1 to 60.0 seconds per vehicle. This is considered to be the limit of acceptable delay.These high delay values generally indicate poor progression, long cycle lengths, and high volume/capacity ratios. Individual cycle failures are frequent occurrences. F Average stop delay is in excess of 60 seconds per vehicle. This is considered to be unacceptable to most drivers. This condition often occurs with oversaturation. It may also occur at high volume/capacity ratios below 1.00 with many individual cycle failures. Poor progression and long cycle lengths may also contribute to such high delay levels. t I Most of the material in this appendix is adapted from the Transportation Research Board, Highway Capacity Manual, Special Report 209 (1985). Kiltelson & Associates Inc. 2i,? _ a .iune f994 Cascade Rezone Appendix A Signalized Int®r"ctiens The six LOS grades are described qualitatively for signalized intersections in Table Al. Additionally, Table A2 idenltifies the relationship between level of service and average stopped delay per vehicle. Using this definition, a "l3" LOS is generally considered to represent the minimum acceptable design standard. Table Let Level-of-Service Criteria for Signalized intersections Level of Service Stopped Delay per Vehicle (Seconds) A 5 5.0 B 5.1 to 15.0 C 15.1 to 25.0 D 25.1 to 40.0 E 40.1 to 60.0 p > 60.0 e~ KI elson d Associates. Inc. 29 June 1594 Cascade Rezone Appendix A Unsignalized Intersections The calculation of LOS at an unsignalized intersection requires a different approach. The 1985 Highway Capacity Manual, includes a methodology for calculating the LOS at two-way, stop-controlled intersections. For these unsignalized intersections, LOS is defined using the concept of "reserve capacity" (i.e., that portion of available hourly capacity that is not used). A qualitative description of the various service levels associated with an unsignalized intersec- tion is presented in Table A3. A quantitative definition of LOS for an unsignalized intersection is presented in Table A4. Table A3 General Level-of-Service Descriptions for Unsignalized Intersections Level of Service Average Way per Vehicle to Minor Street A • Nearly all drivers find freedom of operation. • Very seldom is there more than one vehicle in the queue. 8 • Some drivers begin to consider the delay an inconvenience. • Occasionally there is more than one vehicle in the queue. C • Many times there is more than one vehicle in the queue. • Most drivers feel restricted, but not objectionably so. D • Often there is more than one vehicle In the queue. • Drivers.feei quite restricted. E Represents a condition In which the demand is near or equal to the probable maximum number of vehicles that can be accomodated by the movement. • There Is almost always more than one vehicle in the queue. • Drivers find the delays approaching intolerable levels. F • Forced flow. • Represents an intersection failure condition that is caused by geometric and/or operational constraints external to the Intersection. K!Uvis- n & Associates, Inc. 30 21 40 11~1311ffijlllj!~I§1111 11,10 1 7 0=` NEW June 7884 Cascedv Rezone Appendix A Table A4 1-evel-cf-Service Criteria for tlneiglnslized intersections (Reserve Capacity Expected Delay to Minor Street Traffi. (pcph) Level of Service 400 A Little or no delay 300-399 B Short traffic delays 200-299 C Average traffic delays 100-199 D Long traffic delays 0-99 E Very long traffic delays * F *When demand volume exceeds the capacity of the lane, extreme delays will be encountered, with queueing that may cause severe congestion and affect other traffic movements in the intersection. This condition usually warrants intersection improvement. The reserve capacity concept applies only to an individual traffic movement or to shared lane movements. Once the LOS, capacity, and expected delay of all the individual movements have been calculated, an overall evaluation of the intersection can be made. Normally, the movement having the worst LOS defines the overall evaluation, but this may be tempered by engineering judgment. An "E" LOS is generally considered to represent the minimum acceptable design standard. Experience with the unsignalized analysis procedure indicates this methodology is conservative in that it tends to overestimate the magnitude of any potential problems. This is especially true for minor-street, left-turn movements. For example, the Highway Capacity Manual method- ology does not take into account the effects of vehicle flow platoons that result from upstream signalization. 'Vehicles traveling in platoons tend to create greater gaps in the traffic flow, which sometimes provide- additional capacity for the side closest to the signal. Therefore, the results of any unsignalized intersection analysis should be reviewed with this thought in mind. Generally, LOS E for the minor-street, left-turn movement is considered to be acceptable for an unsignalized intersection, although it also indicates that the need for signalization should be investigated. K&vlson & Associates, Inc. 31 I! dl~i June 9994 Cascade Rezone Appendix A All-Way Stop Controlled lntersGctlon92 There is no accepted procedure for a level-of-service analysis of an all-way, stop-controlled intersection. The procedure used for determining LOS for a four-way or three-way stop-con- trolled intersection differs from that described for unsignalized intersections. This methodol- ogy, which is being reviewed by the Unsignalized Intersection Committee of the Transportation Research Board, uses a capacity estimation method based on headways observed at all-way, stop-controlled intersections in the western United States. The procedure incorporates several important variables, including volume distribution, number of lanes on each approach, and the percentage of right and left turns at the intersection. Intersection performance is measured in parameters similar to signalized intersections: delay, volume-to-capacity ratio, and Level of Service using a scale of "A" through "F". Approach delay on any given leg of the intersection is calculated using the following equation: D = exp (3.8 x C WhereD=vehicle delay on a given approach (sec/veh) SV=subject approach volume (vehicles per hour [vph]) C=calculated approach capacity (vph) exp=base of natural logarithms . In this equation, the quantity SV/C is simply the volume-to-capacity ratio on the approach under consideration. Table A5 presents the LOS criteria for all-way, stop-controlled intersections. -table AS Level-of-Sorvice DeffnlCons (sill-way, Stop-Controlled Intersections) Level of Service Average Delay per Vehicle to Minor Street A < 5 Seconds B 5 to 10 Seconds C 10 to 20 Seconds D 20 to 30 Seconds E 30 to 45 Seconds F > 45 Seconds 2 Kyte, Michael, Estimating Capacity and Belay at an All-Way Stop-Controlled Intersection. University of Idaho; Depart- ment of Civil Engineering Research Report September 1989. Kittabdri & Associates, Inc. 32 Re: Application by Rembold Trusts, Inc. for Comprehensive Plan Map and Zoning Map Amendment on Cascade Avenue Dear I represent Rembold Trusts, Inc., contract purchaser of the property located on Cascade Avenue. The property is the PGE substation and the parcel to the south. Rembold Trusts, Inc.,intends to submit a request to amend the comprehensive plan map and zoning map from Industrial Park (I-P) to Commercial General (C-G). Prior to applying.to the City for this approval, we would like to meet with you to discuss the proposal. Therefore, we have scheduled a meeting on May 23 at 6:00 p.m. at the Water Department Building (corner of Burnham and Hall) Conference Room. This will be an informational meeting on the preliminary application. The application may change prior to submittal to the City. I look forviard to meeting you and discussing this proposal. Please call me at 294-9194 if you have any questions. Very truly yours, Michael C. Robinson MCR:cfz Exhibit 6 PROPERTY.' OTI-HERS `9NO RECEIVED NOTICE OF PU'Y 23 iEc,TIFvG Mr. Thomas J. Holce Chester Robinson Trust 109 N Lotus Beach Drive Mr. William R. Robinson Portland, OR 97217 .811 NW 19th Avenue, #102 Portland, OR 97209 Portland General Electric Co. Howard-Kim, Inc. 121 SW Salmon Street 10900 NE 8th Street, #900 Portland,.OR 97204 Bellevue, WA 98004 Mr. George Per Fourier Fringe Land Ore Ltd., Ms. Jan Jacob Fourier PO Box 21545 109 N Lotus Beach Drive Seattle, WA 98111 Portland, OR 97217 Pargas of Portland, Inc. Ms. Mary Swintek PO Box 206 9915 SW Frewing, #23 Whippany, NJ 07981 Tigard, OR 97223 Portland General Electric Co. Mr. Mark F. Mahon _121 SW Salmon Street 11310 SW 91st Court Portland, OR 97204 Tigard, OR 97223 Mr. Ernest L. Marx Mr. Craig Hopkins Ms. Barbara R. Marx 7430 SW Varns 13627 W Sunset Boulevard Tigard, OR 97223 Pacific Palisades, CA 90272 Mr. George Fourier Mr. Joel Stevens Ms. Jan Fourier 9960 SW Ventura Court Alan W. Larson, Trustee Tigard, OR 97223 349 W 71st Street, #1 New York, NY 10023 Obie Outdoor Advertising, Inc. PO Box 1356 Eugene, OR 97440 Ackerly Communications of the Northwest, Inc. 3601 Sixth Avenue S Seattle, WA 90134 Lanphere Enterprises, Inc. 12520 SW Canyon Road Beaverton, OR 97005 Universus 442 Glenwood Drive Oxnard, CA, 93030 Exhibit 6 ; 41§ AFFIDAVIT OF UNG } STATE OF OREGM SS CrTY OF TE,aAFW ) Michael C. Robinson. being duly sw , depose and any t1W. on May 5 . 19 9 4._, l caumd lmw ma&d to each of #w pow= on the aftaclud list a nadw of a tod a developmutat_10385 Cascade Avenue a spy of which notice so mailed b aMctad hemw and made a part of here*L I fad sty that said node" were enclosed in orn9opes pbh* addressed to said persons OW were d on Un dam indicated above in the united States Post at Portland Oregon . with postage prepaid thereon. f~ (7. Signature Subscribed and sworn to before me this t day of Notary Public My Commission Expires: h:\1*ginVo\attrnaj.cit f' • Exhibit 6 W.M1 1.0 Ftembold Trusts, Inc . Nam 0j appg= S . Tic > LQt# 1S-114-35-NW, Tax Lots 300 and 500 10385 SW Cascade AFMAVff OF 1. Diane Laurie * clan and zone maid amendment ffi 10385 SW Cascade anv l evard. . oxidd an dw 6th ~ day of Play . 19 9 4 pgrwnay p the a plan and zone map amendment a of a OM proposeL Thezip was posod as 10385 SW Cascade Boulevard ( ' n an ems) Thin Kt -h MAY . 1%94 n S and swom to, affirmed, before me this i da~r Of /L2lc~ . 19~ i ash, OFMCIAL SEAL % Ra>s TCrart No Public for the State of Oregon COMMISS1014r:o. rm9OS5 W Commission Expires: It- /1 - 27 FAY Cd'.MMISSION EXPIRES NO°J. I2, 1997 WITHIN SEVEN (7) CALENDAR DAYS OF THE MGM POS NG, RETURN THIS AFF1DAVtT TO: - >r s City of Iiigard Planning Division 13125 SW HaP. 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N •1 tan a itl+ Rylt+ + °v Q l s 8yt~ a4 ate Fr Alt ~ lAt ~ y3 ~ ♦ ~ \.:v r, - - ~~r® + 9~Q ■ NR ate - qt 811 ei .11"M +1 + • i~ r ut°:1 r~$ ! ~ei~ryl gt'°A ! • $ Q al,S N i c}' •a '$•''~"~Ri~ fK e+ M. Sts t • i -S "I MID, ti, i vAar Na 4VI i mal Q np W q. 9 r a. R~ i • 411111 .2 6 MOM Qrff OF TIGAND.- OREGON coT /ZOa cGE/ -ONI ®DAx Ar~Dlax APl~sa CITY OF TIGARD, 13125 SST Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 FOR STAW USE ONLY CASE NO. OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPTED BY: DATE: - 1. GENERAL INFORMATION Application elem=WA submittQ3: PROPERTY ADDRESS/LOCATION 10075. SW Cascade Avenue (A) Application form (1) (between Greenburg and Scholls F erry) (B) Owner's signature/writt( TAX MAP AND TAR LOT NO. Tax Man 1S135BB, Tax Lot 300 authorization and Tax. Lot 500 (C) Applicant's statement SITE SIZE 9.91 acres (pre-app check list) PROPERTY OWNER/DEED HOLDER* see attached sheet (D) Filing fee (t ADDRESS PHONE Additional information for Comp3 CITY ZIP sive Plan Map Amendments/Zone C1 APPLICANT* Reanbold Trusts, Inc. ~(E) Maps.indicating propert, ADDRESS 1022 SW Salmon, Suite 450 PHONE 222-7258 location (pre-app check CITY Portland, OR ZIP 97205 (F) List of property owners *When the owner and the applicant are different. addresses within 250 fec people „ the applicant must-be the.purchaser of record (G) Assessor's Nap (1) or a lessee in possession with written authorization (H) Title transfer instrumei from the owner or an agent-of the owner--with written authorization.- The owner(s) must sign this application in the space provided on page two or submit a written authorization with this application. DATE DETERMINED TO BE COMPLETE: 2. PROPOSAL SUMMARY The owners of record of the subject property FINAL DECISION DEADLINE: request a Comprehensive Plan Amendment (if COMP. PLAN/ZONE DESIGNATION: applicable) from I-P to C-G and a Zone Change from I-P to C-G N.P.O. Number: OR• The applicant`requesta an amendment to the Planning Commission Approval following sections of the Comprehensive plan or Community Development Code City Council-Approval Date:: 0737P 2 - Exhibit 8 ~ ATTACIDIKUT TO APPLICATION FORK PROPERTY Off: Tax Lot 500: Thomas J. Holce 109 N Lotus Beach Drive Portland, OR 97217 Tax Lot 300: Portland General Electric Company 121 SW Salmon Street Portland, OR 97204 A.PPLICART ° S LEGAL REPRESEM ATIVE: Michael C. Robinson Stoel Rives Boley Jones & Grey 900 SW Fifth Avenue, Suite 2300 Portland, OR 97209 telephone: (503) 294-9194 fax: (503) 220-2480 *Please send all notices and correspondence concerning this application to Mr. Robinson as well as the applicant. PROPERTY OWNEM0 AUTHORIZATION: Letters of authorization for Rembold Trusts, Inc. to make this application are attached. PDXI-123966.1 23452 0001 Exhibit 8 STOEL RIVES BOLEY JONES C-s GREY .tT (eK\11t{ l alt e 5L'1TE Z%IC1 STANDARD INSURANCE. CENTER "00 5W FIFTH A1'ENCE PORTLAND. OREGON 4 at•1.12ex fdephone { iO it 221•;380 1'ladpte•, (;O.3, 22e)•]18U Cable L wpn.t LdeT .-0.i1;; Wrnter'f Direct Deal Number (503) 294-9194 August 1, 1994 VIA r'IESSENGER Mr. Will D'Andrea Plan r city o Tigard Planning Department 13125 S Hall Boulevard Tigard, 97223 Re: Supplemental Justification for CPA 94-0003/ ZON 94-0005 Dear Will: The purpose of this letter is to supplement the application by providing additional evidence and argument demonstrating that Tigard Community Development Code ('"TCDC"") 18.22.040(A)(4) and Tigard Comprehensive Plan ("TCP") Policy 1.1.2, Implementation Strategy 2, are satisfied.) 1TCP Policy 1.1.2, Implementation Strategy 2, permits comprehensive plan map amendments if: "a. The change is consistent with applicable plan policies; "b. A change of physical circumstances has occurred since the original designation; or "c. A. mistake was made in the original land use decision." This supplemental justification addresses the "change" and "mistake" requirements. The application has already justified a finding that the change is consistent with applicable TCP policies. (continued...) PDX1-131666.1 23452 0001 PORTLAND, SEATTLE. BELLEVUE. VANCOUVER. BOISE, SALT LACE CIT'r. WASHINGTON. ,OREGON WASHINGTON WASHINGTON WASHINGTON IDAHO UTAH DISTRICT OF COLCWBIA 6 ~T~_')EL R(,)LEI IJONE; c; GREY Mr. Will D'Andrea August 1, 1994 Page 2 TCDC 18.22.040(A)(4) provides as follows: "Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of this development application." ' 1. EVIDENCE OF CHANGE IN THE NEIGHBORHOOD. The City annexed this site and the surrounding area along Cascade Avenue from Washington County in 1981. The county zoning designation was Industrial, M-1. The City imposed an equivalent zoning designation, I-P. A City of Tigard Planning Department 1987 study of the Cascade Avenue area identified zoning and land uses at that time. Eighteen of 25 lots on 40.95 acres were zoned-I-P. The remaining 12.94 acres were zoned C-G. Study at 1. See Exhibit 1. The study identified 17 businesses along Cascade* Avenue. See Study, Attachment C, "Businesses Surveyed." Nine of the businesses were industrial. Id. a. Past Land Use Decisions Have Recognized the Need for and Support of Commercial Zoning Designa- tions. Comprehensive plan and zoning map amendments since annexation have reduced the I-P zoned area to the lots along the middle part of Cascade Avenue. (1) ZC 16-80, 1980, 8.23 acres: changed the Portland Chain property (now occupied by Levitz Furniture and Toys R' Us) to C-G. The staff report stated: "This CC-G] request seems reasonable because of the area and what is presently 1(... continued) Based on TCDC 18.22.040(a)(4) and TCP Policy 1.1.2, Implementation Strategy 2,.if the City finds that the plan map change is justified by consistency with applicable plan policies, TCDC 18.22.040(A)(4) will be met because the I-P. zoning will-be inconsistent with the C-G map designation. PDX1-131666.1 23452 0001 Ing :1011 11311 1 1 1-0 111,11 MEMO= F ^h,Y • 'ZI'VEL MVES BOLEY Mr. Will D'Andrea August 1, 1994 Page 3 taking place on other parcels along Cascade. Power Rents is close to retail, the difference being that what is taken off the property is returned. PARGAS has a small retail operation. Franz Bakery has a retail outlet also. 1112 (2) CPA 91-0004ZZON 91-0007, 1991, 1.1 acres: changed the Tigard Times property (now The Shane Company) to C-G. While the staff report described this site as an t'I-P island," the report also noted: " . . the larger land area in the vicinity of the subject property at the Highway 217 and Scholls Ferry interchange is zoned and developed for general commercial uses and the subject property is no longer an appropriate location for Light Industrial development. "When the subject site was annexed into the City, the site was given the Tigard zoning designation which most closely matched the original Washington County zoning designation. However, the effect of the previous 8.23-acre zone change from I-fie-G, which occurred in 1980, is that a land use pattern had been created whereby the newly zoned subject site would not fit the existing land use pattern. In effect, an I-P island surrounded by commercial uses had been created. It appears that a C-G designation would have been a more appropriate designation when the property initially received a city zone." (Emphasis added.) (3) SDR 92-0006. 92-0013, and 94-0Qg5: Three site development approvals have allowed the expansion and improvement of Beaverton Honda, including a 12,000-square-foot showroom and-warehouse facility. 2PARGAS is now Suburban Propane; Power Rents is now Beaverton Honda. • t, PDk1•-131666.1 23452 0001 112 1 P Sam, STI OEL RIVE' BOLEY ~K)NES & CREY Mr. Will D'Andrea August 1, 1994 Page 4 The various land use actions since annexation have propelled a change in the area's uses and character from Industrial to Commercial. b. The Majority of Uses Are Now Retail or service, Not Industrial. Since the 1987 study, the number of industrial-uses has declined from 10 to 9. See Exhibit 2, Applicant's July 25, 1994 land use survey. New retail uses established in the I-P zone since 1987 include Beaverton Honda (replaced Power Rents), Office Depot and Designers Choice Furniture. New retail uses in the C-G district at the north end of Cascade Avenue include The Shane Company. The area along Cascade Avenue that the City surveyed in 1987 now contains 7 commercial. uses and 8 industrial uses. See Exhibit 3. i The Cascade Avenue and Greenburg Road intersection at the south end of Cascade Avenue is anchored by C-G zoning. A BP service station is on the northeast corner and a shopping center is on the northwest corner. The 1987 study identified 629 employees in 17 businesses. Sentrol employed 220 employees. C-G zoned businesses employed 94 people and I-P zoned businesses employed 535. Sentrol is now vacant and the Tigard Times building (now The Shane Company) is zoned C-G. The I-P zoned employment is now likely below 300 employees.while C-G zoned employment is likely above 100. If retail uses within the I-P district are considered, the ratio of I-P to C-G employees is likely much closer. Moreover, many of the new businesses established in the I-P district since 1987 are retail, not industrial, uses.' These changes indicate that the demand for the area is for retail, not industrial, uses. The industrial businesses that have remained in the area are "site dependent" (the PGE substation, which is difficult to move and Suburban Propane, 3Beaverton Honda, Designers Choice Furniture and Office Depot. PAX1-131666.1 23652 0001 c n r Isom ,;T. OEL KIVES COLEY J 0 N ES, & C.R,EY Mr. Will D'Andrea August 1, 1994 Page 5 , which requires rail access), are located on the single site which is developed in a manner as anticipated by the I-P district or are not "real" industrial park uses (Safeguard Mini-Storage and United Van Lines). Along Cascade Avenue (between Scholls Ferry and Greenburg), there are 8 commercial uses and 9 industrial uses. See Exhibit 2. While industrial uses have declined, commercial uses have increased. This represents a major change since 1987. C. Market Demand in the Area Is for Retail Use. Chris Johnson is a real estate agent who is familiar with the properties on Cascade Avenue. His letter demonstrates that most potential users for this site have been commercial, not industrial. See Exhibit 4. d. The Sentrol Building on the Site Is Not Needed for Industrial Use and It Underutilizes the Site. Exhibit 4 demonstrates that there is no demand for this vacant building for industrial use. The rear of the site, behind the building, is paved for non-parking use. It is unused and, unless an industrial use were to require unscreened, outdoor use, it would continue to be unused. 6 e. Transportation Changes Have Occurred in the Area. The. 1987 study identified transportation as an impediment to C-G zoning. The Cascade and Greenburg intersection has been signalized since 1987. The applicant's traffic study identified no transportation problems at either intersection on Cascade Avenue. The City Engineer concurred with this conclusion. CONCLUSION: Because of the zoning, land use, employment and transportation changes in the area, I-P zoning is no longer justified on this site,. POXI-191666.1 23452 0001 NOEL RIVE; BOLEY )ON ES C~ CREY Mr. Will D'Andrea August 1, 1994 Page 6 2. EVIDENCE OF MISTAKE IN THE COMPREHENSIVE PLAN AND ZONING MAP a. The Area Is Not Appropriate for the I-P or industrial-Designations. The 1991 comprehensive plan map and zoning map amendment decision acknowledged that this area or part of the area should not have been designated for industrial uses. See CPA 91-0004/ZON/91°0007. Moreover, the purposes of the I-P district as described in the TCDC and TCP are not met by this area: 4 (1) TCDC 18.68.010(A)(1). The area does not contain a combination of industrial uses that support one another. The area is anchored at either end by free-standing retail uses that are unrelated to the few remaining industrial uses. (2) TCDC 18.68.010(A)(3). The area does not contain common design features. Only one industrial structure exists which fits the I-P purposes. The area contains no unifying landscaping, architectural or signage features. Sidewalk improvements are sporadic. Further, because the ownership pattern is not unified, such features are impossible to require. (3) TCDC 18.68.010(A)(7). No internal circulation system exists. The area is too narrow to develop a street system independent of cascade Avenue. (4) TCDC 18.68..010(A)(8). No complete set of preimposed restrictions exist. None are possible because of the non-unified ownership pattern. b. Property Vacant in 1987 Is Still Vacant Seven Years Later. The two vacant parcels in 1987 are still vacant. New uses established since 1987 in existing buildings have largely been retail uses. The largest industrial building (located on `TCP Policy 12.3.1, Implementation Strategy 2(a)-(c), lists many of the same 9 purposes found in TCDC Chapter 18.68, "Industrial-Park District." PDX1-131666.1 23452 0001 r ' 5 ' ~tQEL RIVES BOLEY JONES & GREY Mr. Will ®'And rea August 1, 1994 Page 7 the subject site) is now vacant. The plan and zoning designations are a mistake because they have not encouraged I-P development and have discouraged development of vacant parcels. C. Rail Access Is Not Important to this Area. The only rail user is Suburban Propane. None of the other, uses require or use rail transportation. The spur line to another property have been removed. While TCP Policy 12.3(5) calls for industrial land designations to "take advantage of existing transportation facilities," industrial land use is not needed at this location to take advantage of rail facilities. d. Industrial Land Protection Not Needed. This site does not require I-P zoning to protect industrial land as called for by TCP Policy 12.3(3). The Sentrol site is vacant and the trend in this area is from industrial to retail uses. Moreover, the C-G and I-P districts have similar uses, dimensional requirements and require site design review. Moreover, the I-P district lists 24 permitted commercial uses. TCDC 18.68.030(A)(2). In fact, retail sales are a permitted use if not in excess of 20 percent of the square footage,of a development. TC®C 18.68.030(A)(2)(o). This ensures that C-G development on the Sentrol site will not interfere with existing industrial uses. PGE, a party to this request and adjacent to the Sentrol site, believes that this will be the case or it would not have joined in the request. e. The Major Stable Industrial Use Is Not Characteristic of the Largger Area. One development on Cascade Avenue contains a "typical" unified I-P development. The rest of the area has not developed and cannot develop in a similar manner. This is evidence that the plan and zoning designations for the area are mistaken. PMU-131666.1 29652 0001 r. nor rS STOEL RIVE; C-')LEY NE-5 & CREY ems. Mr. Will D'Andrea August 1, 1994 Page 8 f. The Original City Designations Are Not Justified The only reason that this site and the larger area are zoned I-P is because the City applied a similar zone to the Washington County zone when annexation occurred. The City is, therefore, maintaining a zoning designation established more than 14 years ago, by a different jurisdiction and with a now- different land use patterns In fact, the 1987 study noted that the City of Beaverton zoned land on Cascade Avenue for commercial use, not industrial use, upon annexation which would have matched Washington county's designation. Finally, the 1987 study noted that aconcentration of retail uses might reduce vehicle trips. This supports TCP Policy 12.2(5), encouraging the reduction of number and length of vehicle trips. CONCLUSION: The original comprehensive plan and zoning map designations on this site are mistaken because they are not required by the TCP nor do they reflect the development pattern in this area. Because of the land use and transportation changes that have occurred in the area since annexation, because there is no strong policy justification for I-P zoning on this site and because the area cannot fit the I-P characteristics, this request to change the plan map and zoning designation from Industrial (I-P) to Commercial (C-O) should be approved. Very truly yours, W-4k.,~ Michael C. Robinson MCR: cfz cc: Mr. Wayne Rembold Fir. Loy Rusch Fir. Steven Preece Mr. Dick Bewersdorff,.- Ms. Carol Lansman r„ WWashington Square Shopping Center, the major land use in the area, opened in 1974 and the Burlington Cascade Plaza opened sometime later. PD=-141666.1 23452 0001 111,10: 1 ME 11,111 Iffi WHE Raw= EXHIBITS Exhibit 1 1987 City of Tigard Study Exhibit 2 July 25, 1994 Land Use Survey by the Applicant Exhibit 3 Comparison of Uses in I-P District Exhibit 4 July 29, 1994 Letter from Chris Johnson to Steve Preece PAXi-131666.1 23452 0001 rH1 gill ffilfill, I:11 idt. a. CASCADE STEMY planning projects Division April 1987 t lEXNIBIT 1 a . .5 CASCADE STUDY The purpose of this study is to evaluate the Cascade Area for determination of the most desirable zone designation. The area has developed with industrial uses over 'the years and is now zoned predominately Industrial Park (I-P). Recently there have been requests from individual property owners for changes in the zoning designation on specific lots to allow more commercial type (retail) uses. In the summer of 1986, Earl and Barbara Marx requested an amendment to the City Code that. would have changed the allowable uses in the I-P zone. The amendment would have allowed them to put a retail use (furniture store) on their property at 10500 SW Cascade Boulevard which is presently zoned I-P. The request for amendment was denied by City Council. At that same time, Council requested City staff to conduct a study to determine if this area should remain zoned I-P or the area would be more appropriaately rezoned C-G. It was decided that rather than consider each property individually, it would be appropriate to study the area as a whole and make a decision on the zoning for the entire Cascade Area. CASCADE AREA For purposes of this study, "Cascade Area" is defined as that area bounded by Highway 217 and Greenburg Road on the east, Scholls Ferry Road on the north, the Southern Pacific Railroad right-of--way on the west and the southern boundary of properties fronting Cascade Boulevard on the south. (Attachment A) There is a total of 53.89 acres within the Cascade Area. Of that total, 33.76 acres are west of Cascade Boulevard and have access to the Southern Pacific Railroad. There are seven lots for a total of 12.94 acres or 24% of the overall acreage zoned General Commercial (C--G). The remaining eighteen lots covering 40.95 . acres (76%) are zoned Industrial Park (I-P). The commercially zoned properties are concentrated at either end-- of Cascade Boulevard near the intersections of Cascade' Boulevard with Scholls Ferry Road and with Greenburg Road. Zoning surrounding the Cascade Area is C-G to the southeast, and I-P on the west and southwest. The north is bordered by Beaverton and is zoned commercial. The east side across Highway 217 has just been annexed into Tigard and has yet to be rezoned by the City. -DEVELOPMENT OF CASCADE AREA A_small area near the Cascade Boulevard/Greenburg Road intersection is and has been zoned commercial since its annexation to Tigard in 1972. With this exception, the Cascade Area has historically been zoned industrial. The bulk of the Area was annexed to the City of Tigard in June 1981. At the time of annexation, the zone was changed from Washington County M-1 (Industrial) to Tigard M-4 (Industrial Park). A council finding of that annexation states: "The territory is substantially developed with industrial uses. There are some vacant lands suitable for industrial development." 3 M fn'July 1981, immediately following annexation, Portland Chain/Toys R Us was granted a zone change from M-4 to C-3 (Commercial General), for property located at the far north and west part of the Cascade Area. City staff report to the Planning Commission states that the area is a well established industrial zone and will not eventually go commercial. There was also Planning Commission discussion suggesting that, given the surrounding land uses, this"zone change would not set a trend. The 1.11 acre area north of Cascade Boulevard at its intersection with Scholls Ferry (Times Building) was annexed into Tigard in October 1985. Upon anne)Lation, this property was rezoned from Washington County MA-1 (Industrial) to Tigard I-P (Industrial Park). One other change of zone from industrial to commercial has occurred within the Cascade Area. In 1985, the property south of Cascade Blvd. at its intersection with Greenburg Road, formerly MAPCO, was granted a zone change to C-G. In 1986, the Portland Chain property, nort To s R Us, which was rezoned commercial in 1981, was developed as a furniture s ore Levitz). DEVELOPMENT OF SURROUNDING.AREA In records of zone changes and proposed zone changes within the Cascade Area, emphasis is placed on the proximity of Washington Square as a reason that commercial (retail) may be the best use of those particular properties. Since V ashington Square opened in the Spring of 1974, there has been a general ncrease in commercial type activity adjacent to the mall. One area that has experienced commercial growth is Cascade Avenue between Scholls Ferry Road and Hall Boulevard, within the City of Beaverton. This area is of particular interest for the study because of its similar locational characteristics in respect to Washington Square and Highway 217. The lack of a traffic signal at the intersection of Cascade Boulevard with Greenburg Road makes access to the Tigard Cascade Area somewhat more difficult. The area also differs from Tigard's Cascade Area in that the zone was changed from industrial to commercial upon annexation to Beaverton approximately 3 years ago and that there is only one established industrial use in the area. .A visual survey of the Cascade Avenue strip revealed that with the exception of View-Master, a long established industrial use, Malibu Grand Prix, an entertainment facility, and Benihana, a restaurant, every building either had space for lease or was vacant. According to a Portland Business Today story (1/27/87), Loehmann's Plaza, a shopping mall, was 62% occupied at that time. The article mentioned that one possible reason for the high vacancy rate could be the mall's location. It was noted that Loehmann's sign is visible from the freeway, but not from an exit. Consequently, Loehmann's is easy to see from the freeway, but is difficult for customers that are unfamiliar with the area to find. Any business within Tigard's Cascade Area mould face a locational constraint similar to that of Loehmann's. In fact,. Toys-R-Us currently has a Y" non-conforming off site sign at the Cascade Boulevard/Scholls Ferry Road intersection for visibility from the freeway exit. (Off site signs are not allowed under present Code regulations). Highway 217 and the Southern Pacific railroad act as bai-riers to east-west travel; ther^efore, it is unlikely that there will be additional access points to the Cascade Area in the future. L _ PUBLIC INPUT A zone alteration proposal should not be considered until all potentially affected parties have had a chance to voice their opinion(s). Contact with interested citizens was carried out through two avenues. Property owners were identified using Washington County tax records. Each of the nineteen property owners within the Cascade Area was mailed a letter (1/23/87) requesting comments on a possible zone change. (Attachment B) Response to the letter was requested by mid-February. Five written responses and Qne telephone response have been received. One response was from Ernest Marx, who supports a change to C-G zone. Four other- responses were from Vangas, Inc., Carol Pinger (Sylvania Lighting Services property), Universus, Inc. (Safegard Mini-Storage property) and George and Madeline Fourier (one vacant lot, Mayflower Moving & Storage and Capital Tire property) who each oppose a change of zone. Siemens, the other respondent, has no opinion regarding. rezoning. However, Siemens asks that they be "grandfathered" if a rezoning should occur so that future expansion would not be restricted. (If the area was rezoned to commercial, industrial uses would become non-conforming thereupon expansion would not be allowed.) Business people (owners or managers) were contacted either by telephone or in person. A total of seventeen business representatives were asked a series of questions (Attachment Q. The questions were designed to identify locational advantages/disadvantages, future plans and support or opposition to a possible change in zoning to commercial. The locational advantages mentioned most often were access to freeways (11) and central location (9). Disadvantages most often voiced were traffic congestion (8) and no disadvantages (7). Five businesses expect to expand at their Cascade location while twelve foresee no expansion in the near future. Only three businesses expect to relocate in the future. On the question of changing the zone to commercial, four businesses favored a change, six opposed a change and seven felt that a change would not affect them. The seventeen businesses witFri•n- the Cascade Area have a total of 629 employees. The businesses range from two employees to two hundred twenty employees (Sentrol). Commercially zoned businesses employ 94 while I-P zoned businesses employ 535. MARKETING There was nck consensus concerning a possible zone change among area realtors, but a majority felt that, eventually, the area would be commercial and commercial was probably the best use for the area. One reason cited was the increase in property values because of the proximity of Washington Square. It was also noted that there is presently an excess of office space throughout the Portland metropolitan area.. Many realtors said that they thought area property would be easier to market if it was zoned commercial. However, realtors who are presently marketing available industrial property within the Cascade Area said that there has been some interest in the various properties. i `TRANSPORTATION The Cascade Area is served by Cascade Boaleva•°:. which is classified as a major _ collector on the Comprehensive Plan Map but `•:-i little shoulder and few curbs or sidewalks. Feeding Cascade Boulevard on I.l south is Greenburg Road which is also a major collector. Access to the -.v•th is via Scholls Ferry Road which is classified as an arterial. Access t, lighway 217 is within 400 feet on both Greenburg Road and Scholls Ferry Roou The intersection of Cascade Boulevard and Scholls Ferry Road is controlled by a signal while the Cascade Boulevard/Greenburg Road intersection has only a stop sign on Cascade. The Cascade/Greenburg intersection was identified as a problem by six of the seventeen business representatives surveyed. The Southern Pacific Railroad is currently bung used by only one business (Vangas) but is an available source of transportation for adjacent properties. The nearest public transportation is a Tri-Met stop on either Greenburg Road at Shady Lane (#78) or Scholls Ferry Road at Cascade Boulevard (#45). According to the City Engineer, commercial development typically generates more traffic than industrial development, especially during the afternoon peak period and on weekends and holidays. He would expect commercial development in the Cascade Area to have more severe impacts on the Cascade Boulevard intersections with Scholls Ferry Road and Greenburg Road than would industrial development. Since a thorough transportation/traffic analysis would require an outside consultant to be hired at a cost to the City, it has not been done at this time. If a zone change were proposed for the entire area, a traffic analysis may be necessary. RELEVANT CODE SECTIONS Standards for acceptance or denial of zone changes include evidence of change in the neighborhood or the community or mistake or inconsistency in the Comprehensive Plan or zoning map as it relates to the property which is the subject of the application. (18.22.040(4) and 18.30.120(b)(1)). With the exception of a small area presently and historically zoned commercial, the records clearly show that this area was consistently zoned industrial. The zone changes that did occur were for specific sites close to either Greenburg or Scholls Ferry and meant not to set a trend for the entire area. According to available evidence, there was no inconsistency or mistake made in the original zoning. Concerning evidence of change in the surrounding area, it can safely be said that there has been change. However, the change that has occurred since annexation to Tigard and the original zone designation, has not been as dramatic as one might think. At the time of annexation, when determination of this area was made, Washington Square had been in operation for approximately seven years. The development of Cascade Avenue in Beaverton and its vitality is of more relevance for determination of surrounding change. Hill: I `IA addition, Section 12, Locational Criteria, contains relevant passages. 12.3 INDUSTRIAL The intent of the Industrial land use designation is to: 1. Provide for the designation of suitable lands for industrial use. 2. Provide for economic growth and development.' 3_. Protect existing and potential lands suitable for industrial development from encroachment by non-industrial or incompatible uses. 4.. Provide land for industrial use by type to minimize the impact on surrounding development. 5. Take advantage of existing transportation facilities. Of particular interest to this study: (2) Economic development is a high priority both in Tigard and the region. (3) Protection of industrial land. (5) Eight of the industrial users in the Cascade Area mentioned access to freeways as an advantage of their location and one business stated that access to rail was vital to business. 12.2 COMERCIAL The Comprehensive Plan provides for four types of commercial development: neighborhood, general commercial areas, professional commercial and the central business district. It is the intent of plan that: 1. Commercial areas be planned at a scale which relates its location, site and type of stores to the trade area to be served. 2. Surrounding residential areas be protected from any possible adverse effects in terms of loss of privacy, noise, lights and glare. 3. Commercial centers and uses be aesthetically attractive and landscaped. 4. Ingress and egress points not create traffic congestion or hazards. 5. Vehicle trips be reduced both in terms of the length of vehicle trip and total number of 'rips. 6. The central business district is not included in the locational criteria because there is only one designated area. s. Of the particular interest to this study: (1) The determination of suitability of this location for commercial development. (4) There is a traffic congestion problem, either real or perceived, in the area now. Specific access criteria for General Commercial states: The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on the street capacity, existing and projected traffic volumes, the speed limit, number of turning movements, and the traffic generating characteristics of the various types of uses. (5) A concentration of commercial activities could reduce the number of vehicle trips if shoppers can purchase more of their needs in one area. Other, more specific standards, would come into play if a zone change is purposed. ECONOMY Another potential impact of rezoning concerns the economic contributions of commercial versus industrial activities. Such factors as job retention or creation, job quality, and effect to the monetary health of the local and regional economy are important when considering the most desirable use of property. For example: Siemens, Durand-Raute and Computer Forms Imprinting each said that a large percentage of their goods are sold outside the region. These "exporting" industries bring new money into Tigard and northwest Oregon. Conversely, since most retail uses sell a high percentage of their goods to local customers, money is recirculated within the region and there is only a very small influx of money from outside the region. The Comprehensive Plan Report on the economy states (p. I-144): "...locations along either side of Highway 217 will be developed for industry and offices providing employment opportunities for the region as a whole." While an in-depth economic analysis may be beyond the scope of this study, it is important to acknowledge the differing economic benefits of the various uses to the City and region. SUMMARY This study has investigated historical information, locational characteristics, surrounding activity, transportation issues, response from affected parties and relevant Community Development Code sections. Records of past decisions affecting zoning within the Cascade Area show that there was a desire to maintain this area for industrial uses. The properties that have been changed to a commercial zone are located near either Greenburg ^y ~ hold or Scholls Ferry Road. Many, comments made during hearings for these zone changes indicate that a commercial zone designation was appropriate only for the site in question, not for the entire area. Proximity to Washington Square appears to be a locational advantage for consumer oriented retail activities. However, a closer, look may show that if consumers cannot see a store or a sign for that store once they are off the freeway, they will not shop there. The high vacancy rate of Loehmann's Plaza is important because it has similar locational characteristics to those of the Cascade Area. It is also important to note that, while visibility may not be an advantage to industrial uses, proximity to the freeway system can be very important. Access to the Cascade Area is via Cascade Boulevard from either Greenburg Road on the south or Scholls Ferry Road on the north. Generally, a change to more commercial activities may increase traffic in the area, especially effecting the intersections used to enter/exit the area. A transportation/traffic study should be conducted if a zone change is proposed. A change of zone is supported by one property owner and four businesses but four property owners and six businesses oppose a change. The remaining eight respondents indicate no psreference. Twice as many potentially affected parties, that voiced an opinion, preferred that the zone remain Industrial Park. The Community Development Code locational criteria states that one of the intents of the industrial zone is to protect existing industrial lands from encroachment by non-industrial uses. It also states that the industrial lands should provide economic growth and development. These passages are important in that Cascade is an existing area and its disruption could have potentially harmful economic consequence. CONCLUSION The Cascade Area is an established, functioning industrial area. While suitable expansion of,-commercial areas can be beneficial, retention of established industrial uses is very important to the region. The results of this study show no compelling reason to change the zoning designation within the Cascade Area. - - 2977P/0046P n A Kra, ~'y, MINOR g! MINES i . 5" 2"M NO= iiii!l~~i;i;:ii Ilia JAY ►+ii aB ® l~l_ I _ ` -1.~, ~r ee ~~Q B ~~i mN J 'eRx v:i •r,•e N'~tYtS111 'Y'8 'r 40 O r Nei 'A' A ; V 'i r ve►i !ti r v. w a 0 win pi ffi ~ ~ (t~iN~iyi ~ a II n I j ~ SI Is I ~ II I ~ . 1 e II I °'s t ~ ~ it I I W It I V 41 0 Ws ~ p0 I I I I I I it I I pA T10~d0 ~ ~ 0 d rj a ••wpg^~ r"JpJ ~a • $ l 0 s a ~ • G = W rSOd30N01 '~1' I r »Rt/91 fl i te8 cl' _ ` ct 1 •,a•c o. ~ jj~pllp''gjppljj lg'jljgj~~tlllozjg~ SIR 1, I IBM_ OUR; RY 11; n CITYOFTIFAPD January 23, 1987 . ARE 25 Yew of SeMce 1 1-9986 RE: Tax Map 1S1 , Tigard, Oregon The City of Tigard has recently received requests for zone changes in the Cascade Industrial area. This area is now zoned predominantly Industrial Park (I-P). In response to zone change requests, the City of Tigard is conducting a study as to the appropriateness of the I-P zone in the entire. area. The study will determine if the area remains I-P or is more appropriate as a General Commercial (C-G) zone. Since you are listed as a property owner, your comments or suggestions will be appreciated. Your comments should reach me by mid-February for full consideration. It has also been suggested that this area could benefit from signs indentifying it as a distinct "area" (ex. Cascade Business Park). The signs would be located near the Cascade/Greenburg and Cascade/Scholls Perry intersections. The City of Tigard is prepared to acquire sufficient right-of-way for the signs. Please contact me before February 10, 1987 if you are interested in the signs'and are willing-to share in the funding of the signs. Sincerely, John Acker Assistant Planner JA: cn/0484th 13125 SW Hall BtvcL P.O. Box 23397, Igard 0regm 97223 (,%3)639-4171 'A 6 SQUARE . k`~Q a CRESCENT GROVE MALL CEMETARY h tt®L.L - - - ~ ®ua~eoass 1 Ag,q~ CENTER k n S J P d d d M a P P r C PROPERTY OURM c3 a-Carol Pinger* P f b1-Ernest & Barbara Marx* C-Geueral Telephone Co. ~•d - George & Madeline Fourier* 0 ' e-Guard Publishing Co. •A~~.,.~^ f -Paulsons Floor Coverings 9-Irwin Schimmel h-Levitt Furniture Co. i-Mobil Oil Corp. J - Paraas of Portland, Inc.* k - Portland General Electric i -Richard Kadel • . J M-Roger Belanich n-Siemens-Allis, inc.* O -Southland Corp. P-Thomas Bolce q -Toys R Us, Inc. r-United Statea Bakery 8-Unive.rsus, Inc.* *Have responded to a letter of Inquiry I SURVEY QUESTIONS 1. What is your business activity? a. Number of employees? 2. What do you consider advantages of this location? 3. What do you consider disadvantages of this location? 4. Do you anticipate any expansion in the future? 5. Do you anticipate relocating in the future? 6. Do you feel that a change in zoning designation would hurt your business? 7. Do you have an interest in signs at either end of Cascade Blvd. that would identify the area as a distinct location such as Cascade Business Park or ? a. Mould you be willing to share in the funding in the signs? 2977P cama► • r 'l' g 8 l ® (~CRESCEHT GROVE f MALL CIEME°Y r L w A°'v 1= xotL br CENTER S L B B o a ~ . H J C + G a.s'. aaatt+r tai. G EDSDWSES SURVEM q K ~ i.. • A-Center for Employment Trainin ® ,o B-Computer Forms Imprinting -Durand-Raute a -Farmers Insurance F-Levitz G-Mayflower Moving A Storage croelectronica, Inc 1-Power Rents J-Safegard Hini Storage L-Siemens Engergy & Automation, Inc. -Sylvania Lighting Services s-~ -The Other Guys - Imes Publishing Co. -Toys R Us •Q-vangas, Inc. + VACANT LAM Date: 2,1:~, 18-7 I Y% Name Of Business: Name of person contacted: SLASO.I ctcxyk Business activity-, Z610&~ t'06 Number of Employees: 10 toLu-.o lv0 s4t4je4lAS Locational advanta es: 4vI 7cdCAr;-, f 5 Locational disadvantages: 6r-0,tvl arml ( 'k-dVn (6-+ ~ ✓ E:xpan~ sion: 9J® Relocation: Yes Comments on zone:-gyp kL&Y+~~Q~4y CetP CA Interest in signs: Other comments : -TUT- e LLV'Ve.~> crVI aw-e. a- 2977P µ - - at2.* ~ Name of Business: c"I"-" e", Y-A&S Name of person contacted:`6,9 b Cv6-r0"*,4A- Business activity:-Prtyv~tyq Number of Employees: 17 Locational advantages_t~l-~Y"'ho-A ~gt-~ C~~~c~t. (~,,~•~C ~ c~~~., ~ ~~.p'J~o~¢~,c~ Locational disadvantages: yet Expansion: VAS o v e4ev- o,r v\G+ co, ~ $ acre Relocation: v e /y 16 i w~~ Comments on zone: 6/'l® ~C7C~--1~^~•~x_ Interest in signs: l)c S5 be- (S*c~t . • . - Other comments: 2977P Oate : Z f24-~~~ Blame of Business: ~u K2 YP0 ° Name of 2erson contacted: zevn 1 Business activity: w0,r re-Ae--cQa." t - sa-peo -tom Number of Employees: c~ 1 Locational advantages: A-cc-ea~ Pa (,-a ;,s CPjAr) Locational disadvantages: GTE fS 44,~ 4--ar. .e- Expansion: /VC7 Relocation:p Comments on zone: W c c-p- cs_ Interest in signs: Other comments: A -rz ' "a-Q- n. t7C82cc (Oct, V3 .4 ~~C A w~V T1 2977P a M. Name of Business: 1:tG~nrrvl game of eqrson contacted : Gouvil'l ve/Ge.v-~- Business activity: TenSw^z~..~S Number of Employees : Z Locational advantages: VLSI I.:, ~ Locational disadvantages! JjaJa Exp7ainsion:® Relocation: f36 Comments on 20--„e~ 6J1~- w&4 C1 P_ 4AOY Lb Interest in aims: other comments: 2977P 10,10 1 MIAMI III: - • `:Y. ~-f 3/mil Name of Business: Name of, person contacted : Li n&-. W Ylgk- ' V Business activity_;~15~~"- JACY'p Number of Employees: 35 locational advantages: C,eY.-k,-~X- Locational disadvantages C~O6ri Expansion: Relocation: Comments on zone: Interest in signs: YeA Other comments: X 2977P s El ~°k 1:1 3, F I 1, 1, ROOM Ill Room!! OHIO Date Name of Business : L.VZ Va ~ Name of person contacted : Business activity: 'R.~-.~ Q 4pQQS Number of Employees ' bLit+ Locational advantages : Ac-.,.5 a~tlt v(SI 7 Locational disadvantages: Not,3C- Exeansion• &JO Relocation: 1JO Comments on zone : LL)31 ~ v sp= k ujv l+ ' ~1~..1 V~? G9cSvv~B~ Interest in signs: t.~ G.ta-~~ WQ•"C'z^- ~-~cx..c.~:4r1~'~ other comments: 2977P ti MOM 2-19 -t' O~J vim' Name of Business: C1hcPA~l.(,t'.✓t Co-yp. Name of pqrson contacted : GOL,Vl business activity: ~C33VIYtq 5-6y' Number of Employees: Locational advantages : ro.Q Q=O-+(O't. A~ J . Zl Locational disadvantikaes: Expansion: NJ. 0 Relocation: jQ0 Comments on zone : (may, 0'5*, 0.'° Interest in signs: lt•` V other commQnts : 2977P [Elm OF MISS I son Date: Name of Business: Name of person contacted: JQ✓11'7 Business activity: ~'e~t-a le., µltC Plumber of Employees : 7 U IoEu~, Locational advantages: ms's" 46 Locational disadvantages: IA ~S v Expansion: Relocation: l Comments on zone: _ ®L1 - / NCyex-xse~, 4vc/~~ Interest in signs: / e.S Other comments: p~ 2977P ygj "z . RUN, wM1111 19 a MWE":C] jgil~ Z/ Flame of_~usiness:~~'~ Name of person contacted: j (2 Business activitu Number of Employees: 31 -e Locational advantages: Ni'-a✓Y I Locational disadvantages: Expansion: fJO ! NO Relocation: "0 1 T ~L ~ ` on zone: Comments -Interest in si ns: I13~ Other comments 2977P 3~ NMI! ess: 50 e9 l v8 Name of_Busin _ Nacre of person contacted : (X&-^ Business activity:.{`O~ Number of Employees: ' Locational advantages: C~ Locational disadvantages: Exoansion• IJ0 Relocation: MO Comments on zone,, Interest in signs: Other comments : tic"Ni-p- 2977P `a, Name of Business- c°~/9-``~®~~ ~ • Ptame of Person contacted : t,,,. ~a4,inQ4! activi_•v~ ~,S~G.~+Af~~ Y . dumber of Em®xo~~ ~.a,•t~ Locationa) advantaaaes : ' ` Locational disadvantages: '°~~~r ~ ~ T t YlSt i Val uj~d Expansian: Ye-SeA ve,8 i®eOoo s ti Relocati= Comments on zone: 4 CGrvaRUa:~ cCr,~ l ~ kLs- + 000i~~ lag_ Interest in signs: &-%m+ f~- QtI4'aa_rcott►ssent ~ . -L% ~4..un. G 4a.0 a ~YOe~~~/ 2977P jti„ , in ~:iili~iiii!iliiiiii t . Late. Tom.-. Name o'f 6 o Q¢ nartAtl Cnntartud: ~~.~Y'c~..gra l 'it~tL"t «1~~• d T Ct.~1r-^~ Cl-wi l tea. l Business aCt1V1tV: Number of Employees: 104 Location al advantages : ~"TV ~O v~ f ~oc.~a✓ Acv' ~,ocational ~i sadvantaaes ~atC, - Y1D StgY a"~ ~~ou-~~rfert~~c Fxcansion: yllcaT lv~ - baeavl/ - ~c.'~wrQ, l ou'v-, I doct eI E c',, L4:( "-~'7 Relocation: ytfl"~ i SAI l°c- WLL( b-e- cDv- " D-~ S- ~ Comments on zone: -Z-14--o r%Cj-WCLVC - LASe-S NI trIq 1\&-"C+ 60or W Uu l~ t Ccsrrt Eta wa. oLba,-.& i Interest Other comments: 2977P Z/3 f ra Name of Business: ~~.rry ec~• ~iCa~~lNq ..~lv~C,~S Name of person contacted: Business activity: Number of Empiovees: Locational advantages : 14 ( 0'r• I a. yca- , iq 4o 1:-s ,z.. I"7 Locational disadvantages: KEMr sion• \kS Relocation: Qot -k S`(P.&,-v$ WIA¢ ( LO W,O Comments on zone: 1.4jL4 (A.&P re,-6-Lk a,(~ U k6UX)4V dW'A C'~~•.1 ~-~e.S Interest in signs: Ot er cemmgnts : If 2977P 3 Y kaws! Name of Business: - he Name of person contact«2d: Ce~wneAes) Business activity: A&v fit S +~~p Number of Employees: Locational advantages: Locational disadvantages: &rcmje. ExE ans Son • A JO Relocation: PVC Comments on zone: Nrc> interest in signs: Other comments : 2977P ~f I F 'I 1111 A11,111 11 r ~ . Name of Business :---l I Ake5 Name of person contacted : ~1" HO-Lk 6c~ Gg.NJG~lsn~p~ ~ ~`/a`~t•~w~~~'°~ Business activity: Wv~- • r ~5 sA Qp ! Number of Employees: l.ocational advant_ aa es : v, S a b 1 vocational disadvantages: N30 0.00e&d Exr ans ion • 1QO Relocation: Go~- goMMents on zone: W 'u.L r cw~, C~.e/~Jt c3Y ~c L. Interest in signs:? Qt, ber aaenments : 2977P k , r~ A ' •Date • ~~Z.~~'~ Name of Business: Y. ~ Q,; Name of parson contacted: Business activity: Y-e- Sat-t'-5 Number of Employees: 'dQ Locational advantages : C~ ~cd4nrC, Locational disadvantages: 6~~ St Q„ eao&,.Areav-6Wy 'LVA6VS Expansion: AJC) RLlocation • Q0 Comments on zone: I&ez r joterest in signs: * Other comments: 2977P 11 g 1, y ltl` ayk date - Name-of _ Business: V O lr1RcLS IF -17v-, c-,- Name of person contacted: Je~~, tin, r Business Number of-EmploMOes' Locational ad_v_antaaes : `i04"C "),O 4o 4r'e~.:~ S C lIQ &o-4f; LocationaI disadyantaaes:_ Expansion: C-~ Q Relocation: comments on zone : 4T)pf~i*%Q-d - v9 ~~1~✓ Interest in signs: -.tL other comments:, ® \~O VL Avk vx~l t LS 2977P Milli! EXHIBIT 2 JULY 25, 1994 LAND USE SURVEY * Uses on the west side of Cascade Avenue in the C-G and I-P districts, from north to south: Levitz - Toys R' Us - Suburban Propane - PGE1 - Sentrol building (vacant) - Computer Forms, Inc. - Durand-Raute - Eclipse Technology - Sentrol - Mitron * Uses on the east side of Cascade Avenue in the C-G and i-P district, from north-to south: - The Shane Company2 - Farmers Insurance - Beaverton Honda - Designers Choice Furniture - Office Teapot - Min-Warehouse - vacant parcel - United Van Lines vacant parcel Franz Thrift Store 'This use was not listed in the 198,7 study. 2At least 4 other businesses are also on the site. PDXI-131666.1 23432 0001 I EXHIBIT 3 COMPARISON OF USES IN I-P DISTRICT 1987 Uses2 1994 Uses Industrial Industrial Computer Forms Imprinting Computer Forms, Inc. Mayflower Moving & Storage United Moving & Storage Durand-Raute Durand-Raute Pacific Bybrid Micro Eclipse Technology Electronics, Inc. Safeguard Mini-Storage Mini-Storage Sentrol, Inc. Sentrol, Inc. Siemens Energy & Automation, Mitron Inc. Sylvania Lighting Services Suburban Propane Times Publishing Co. Totes : 8 Vangas, Inc. Total• 10 1987 Uses 1994 Uses Commercial Commercial Center for Employment Training Farmers Insurance Farmers Insurance Franz Bakery Franz Bakery Levitz Levitz Beaverton Honda Power Rents Designers Choice Furniture The Other Guys Office Depot Toys R' Us Toys R' Us Total: 7 Totes : 7 'Includes all uses in area identified in City of Tigard 1.987 study. 2Taken from 1987 study; did not include PGE. 3Taken from 1994 survey. POMYI-121666.1 23452 0001 n 5032224053:9 2/ 3 BWENS1 PSON July 29, 1994 Mr. Steve C. Preece _ Preece & Floberd Commercial Real Instate ~s 834 SW St. Clair Avenue Portland, OR 97205 Dear Steve: As a follow up to your letter of July 26, 1494, relating to the Hoke property on Cascade Boulevard, 1. have the following information. n Norris, BeSgs & Simpson has been worm with Holce Invistmonts since the first quam. r of 1992 relvaive to .their real estate holditngs along Cascade Boulevard. This includes the existing, building, as well as the vacant land parcels. The initial efforts were concentrated on trying to retain Senttol, Inc., in the project. It became clear in April, 1993, that Sentrol would be relocating to Tualatirs to a build-to-suit that was being done by its parent company (Berwind). It was at this time that we tools the project to the market. Ile prospects that have expressed interest in the property have been predomInantly retain type users. With respect to the Pacific Building specifically (the 7.76 acres, 56,0W sure foot building), the only use that has toured the property and expressed serious interest, that would be allowable under the IP xoniaj, has beets two different car dealerships. The redder of the interest W. been from retail developers and big box retailers which include Builders Square, Best Buy, Sports Mart, Sports Authority, Comp LISA, and Smith's, just to name a few. With respect to the land parcels, we h&ve had several tenants, such as Comp USA, Designer Furniture, Peoples Furniture, and other similar We tenants express interest is the property. ne onnse-rims is that mer of the inqufties have been retaii oriented. Imoki at the overall inventofy in the City of Tigard, *of the industrial zoned properties, there are approximately 802 acres. It is broken down as follows: Business Park (IP) 448 Acres Light Industrial (IL) 305 'A Heavy Industrial (H-3) 48 Acres EXFHIEIn` 4 121 SW MORRISON STR MTi'. Sala7E 2W • PORTLAND. OREGON 9720A • l~a1B'~+.7tR7 . MAY-fKM%97gJV.%= I - 1211 503222'4053 P. 03 _ MOLD TRUSTS Mr. Steve C. Preece July 29, 1994 Page 2 VACANT LAFdDZ ~l Business Park (1P) 150 Acres Light Industrial (II.) 81 Ages Heavy Industrial (11A) Total 232 Acres In review the existiatS inventory, it appears the overall industrial vacancy rate for the City of Tigard industrial and flea buildings is approximately 8016. Hopefugy this infor=tion is helpful. I look forward to talking to you in more detail. Please feel free to give me a call if you have any questions or need additional information. Sincerely, NORRIS, BEGGS & SINTSON Chris Joh . ®n Associate Vice President CJ/,t preecc.cj cc: Torn Hoke ll, as , . B'' orl o'er - KITTELSON & ASSOCIATES, INC. TRANSPORTATION PLANNING/TRAFFIC ENGINEERING 610 S.W. ALDER, SUITE 700 • PORTLAND, OR 97205 • (503) 228.5230 • FAX (503) 273-8169 August 22, 1994 Project No.: 1235.00 City of Tigard Planning Commission 13125 Hall Blvd. Tigard, OR 97223 SUBJECT: Applicant's Response to ODOT Region 1 Comments on CPA 94-003/ZON 94- 005 Rembold Trust, Inc. Dear Members of the Planning Commission: The purpose of this letter is to respond to the written comments made by Region 1 of the Oregon Department of Transportation (ODOT) regarding the above application for the comprehensive plan amendment and zone change. Two requests for more information have been made by ODOT and are responded to as follows: 1. The traffic impact analysis report does not include long-range analysis of the transportation system's ability to accommodate the anticipated traffic. ODOT would like the applicant to provide information demonstrating the trip generation in the current zone compared to the proposed zone. This type of analysis is typically - included in a traffic study for a comprehensive plan amendment and zone change application. The traffic study prepared by Kittelson & Associates, clearly compares both zonings, as documented in pages 13 through 21 of the report. This analysis confirms that the potential traffic impact of development under either zoning is similar. With regard to the comment on long-range analysis, the base year traffic volumes used in the study were obtained from the Hall/Greenburg/Scholls Area Traffic Needs Study prepared for the City of Tigard, per the direction of City of Tigard engineering staff. Further, because the comparative traffic impact under either zoning is similar in the near term, the impact will be similar in the long term, and thus we believe we have adequately addressed this issue. Ask BELLEVUE • PORTLAND • SACRAMENTO 4 City of Tigard Planning Commission August 22, 1994 Page 2 2. Because of the storage concerns, the applicant will need to address storage requirements for traffic turning onto Cascade Boulevard based on the proposed General Commercial zoning compared to the present Industrial zoning.. The zone change is expected to increase the westbound left turn lane demand on Scholls Ferry Road at the Cascade Boulevard intersection. This increased traffic is of concern to ODOT since the storage space available for this flow of traffic is limited because of the intersection's proximity to the southbound ramp for Highway 217. This issue was not addressed specifically in the traffic study because we did not believe it to be a significant issue with respect to the proposed zone change. However, with the mitigation recommended in the report for the Scholls Ferry/Cascade intersection, the maximum required storage for the westbound left turn from. Scholls Ferry Road onto Cascade Boulevard is projected to be 125 feet under the existing zoning and 150 feet under the proposed zoning, as shown in the exhibit attached to this letter. Since there is approximately 250 feet available between Cascade Boulevard and the Highway 217 ramps, the existing storage space will be adequate to handle the expected vehicle queues. We trust that this letter sufficiently addresses ODOT's concerns regarding this application. Sincerely, PROP FS ,78 ark A. Vandehey, P.E. 1$ ~f Associate EGG OREGON Attachment 599 ~-3 9'`A. v~ti III In 11 11 7 111 lill, I SIGNALIZED QUEUE ANAL MIS Project Name: CASCADE REZONE KITTELSON & ASSOCIATES, INC. Project Number: 1235 ,610 SW Alder, Suite 700 Analyst: LAR i Portland, Oregon 97205 Date: 08/18194 11(503) 228-5230 Filename: H:TROJFILE11235%SCHCSCDQ.WB1 I Fax: (503) 273-8169 Intersection: Scholls Ferry/Cascade Conditions (yr, alt., etc.): 1997 PM Peak: Existing, Proposed Zonings GENERAL INPUT PARAMETERS: Cycle Lb-n-g-K 90 sec Confidence Level (C.L.): 95% Storage length/vehicle: 25 feet Existin Propose EBLT E L WBTH EBLT BLT WBTH INPUT PARAMETERS: Volume (pre-PHF) (vph): 30 . 1690 115 1655 30 1725 140 1655 G/C for movement: 0.04: 0.53 0.11 0.60 0.04 0.54 0.13 0.63 Number of lanes: 13..:_ 1 2 1 3 1 2 CALCULATIONS: Length of red interval (sec): 86.4 42.3 80.1 36.0 86.4 41.4 78.3 33.3 Average total queue (veh): 0.7 19.9 2.6 16.6 '0.7 19.8 3.0 15.3 Maximum total queue (veh): 2 27 5 24 2 27 6 22 Total queue length (feet): 50 675 12EL 600 50 675 150 550 Required storage/lane (feet): 50 225 125 300 50 225 150 275 PERMITTED LEFT TURNS: Opposing volume (pre-PHF): Opposing sat. flow rate: CALCULATIONS: Opposing flow ratio (Yo): 0-04 ( ~e- Unblocked G/C: Effective red interval (sec): Average total queue (veh): Maximum total queue (veh): Total queue length (feet): Required storage/lane (feet): METHODOLOGY AND FORMULAS USED: Length of red interval = (1 - G/C) " Cycle length Queue length Maximum queue' Storage length per vehicle Average queueltane - Volume' Red Interval / 3600 Required storage per lane n Queue length / Number of lanes, rounded up to the next highest whole vehicle Maxirrrum queue: Random anival/Constant service Rands m arrivals behave according to a Poisson distribution. Opposing flow ratio Yo - opposing volume vo / opposing sat. flow rate sop There is a probability equal to the confidence level desired (e.g. 95%) that the queue formed during each red interval will be less the, Unblocked G/C (gu/C) - (p/C - Yo)/(!-Yo) or equal to the maximum queue. (Prob. of anivals = N) -(Red Interval)"N • exp(-N) / Nt (the Poisson distribution) (Prob. of arrivals N) -I -Sum of probabilities for vehicles 0.1, N-1 Max N: Highest N such that the sum of probabilities > (1 - confidence level) STOEL RIVES BOLEY RECEIVED JONES & GREY AUG 0 51994 ATTORNEYS AT LAW SUITE 2300 STANDARD INSURANCE CENTER COMMUNITY DEVELOPMENT 900 SW FIFTH AVENUE PORTLAND, OREGON 97204-1268 Telephone (503) 224-3380 Telecopier (503) 220-2480 Cable Lawport Telex 703455 Writer's Direct Dial Number (503) 294-9194 August 4, 1994 Mr. Will D'Andrea Planner City of Tigard Planning Department 13125 SW Hall Boulevard Tigard, OR 97223 Re: APPlication by Rembold Trusts, Inc. Dear Will: Please find enclosed a letter I received from Steve Preece discussing the applicant's motivation for the comprehensive plan map and zoning map amendment. As you can see, Steve's letter addresses the "mistake" requirement of the Tigard comprehensive plan regarding the existing plan map and zoning map designation for the property along Cascade Avenue. Please see that this.letter is entered into the record for this matter. Very truly yours, Michael C. Robinson MCR:cfz Enclosure cc: Mr. Wayne Rembold (w/encl.) Mr. Loy Rusch (w/encl.) Ms. Carol Lansman (w/encl.) PDX1-132455.1 23452 0001 PORTLAND, SEATTLE, BELLEVUE, VANCOUVER, BOISE, SALT LAKE CITY, WASHINGTON, OREGON WASHINGTON WASHINGTON WASHINGTON IDAHO UTAH DISTRICT OF COLUMBIA Iii'laiiiii I, 1111111's Y ME 01=1 REECE& E G C O M M E R C I A L R E A L E s r A T E July 26, 1994 Mr. Michael C. Robinson Stoel, Rives, Boley, Jones & Grey 900 SW Sth Avenue Portland, OR 97204 RE: Rembol.d Trusts, Inc . Zone Change and Map Amendment Tigard, Oregon Dear Mike: The motivation for Rembold Trusts,.Inc.'s application to change zoning of the subject property is because of the inordinate amount of "big box" retail requirements that have surfaced during the last 24 months. The retailing trend started with the Wal- Marts, Costcos and other "category killers". These users service the customer with a no-frills building utilizing high-cubed merchandising areas without typical service like the strip retail store usually emphasizes. As this concept has continued to grow through the dry goods industry and into groceries, we've seen several new "category killers", specifically in electronics, appliances and furniture, books, records, clothing (in addition to Outlet Centers) and auto- related goods. These users are unwilling to continue to pay the high common area costs for mall tenancy, strips or other upgraded development categories since their intention is to build a ware- house-style building, high cubed with very little window space and competitively advertise price to draw in the patrons. A favorite location for this use has been near regional malls, feasting off the traffic and name familiarity generated by locations such as Clackamas Town Center and Washington Square. The subject property you represent for the zone change and plan amendment process has three user-prospects at this point in time. They are in the home furnishings and electronics business, the books, records, tapes and video business and in auto parts. All three are 40,000 square feet as a minimum and typically lower in traffic generation than normal strip center retailers. They each advertise price to create higher average ticket sales. There are several attempting to enter the Portland market at this time including Home Depot, Best Buy, Circuit City, Future Shops and Goon Guys. In addition, there are two auto parts retailers and major book and entertainment companies. A number of office supply chains, large pet supply stores and toy alternatives similar to Toys 'r Us are also expanding to or within Portland's market. They.all seek identity, access and visibility. The well-defined location like "near Washington Square" creates the easily- identifiable and regional-scale location that is desired.. c 634 SOUTHWEST ST CLAIR AVENUE PORTLAND OREGON 97205 S03/225-0700 ' FAX 503/226.2533 C 30 e Mr. Robinson Page 2 July 26, 1994 Burlington Cascade Plaza, directly north of the subject site above Scholls Ferry Road, is currently under redevelopment for a similar style use but in the City of Beaverton. The developer will apparently remove some of the strip retail to create larger- scale user spaces for clothing, linens and bedding, office supplies, appliances, electronics and home furnishings. The total redevelopment of the center will turn what has been a very high- vacancy retail space into a very popular "901s" retail center. Similar users existing around Washington Square today include Target, Lamonts, Circuit City at Washington Green, Pacific Linen, Barnes & Noble and Cost Plus Imports in addition to Burlington Coat Factory. This is the wave of the 90's as retailing continues to change to meet the consumer's demand and desire. I'd be happy to answer any other questions. Yours very truly, V - Ste a P. re SPP/am v cc: Wayne Rembold ji: x AGENDA ITEM # For Agenda of September 27, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Comprehensive Plan Amendment CPA 94-0004---and Zone Change ZON 94-0004° - PREPARED BY; Mark Roberts DEPT HEAD OK _ CITY ADMIN OK~ ISSUE BEFORE THE COUNCIL Should the City Council approve a Comprehensive Plan Map Amendment from I-L (Light Industrial) to C-G (General Commercial) and a Zone Change request from S-P (Industrial Park) to C-G (General Commercial)? STAFF RECOMMENDATION Staff recommends that the City Council approve Comprehensive Plan Amendment #94-0004 and Zone Change #94-0006. INFORMATION SUMMARY The amendment concerns a parcel of property located at 10115 SW Scholls Ferry Road which is at the south west corner of SW Scholls Ferry Road and SW Nimbus Avenue. The site is within the Koll Business Center Industrial Park development and is zoned I-P. The I-P zone limits commercial uses such as restaurants and retail sales to a maximum of 200 of the entire development complex. The property proposed for change is presently developed with a fast food restaurant and a commercial tenant suite building that includes a drive through bank. The I-P commercial use restrictions have limited the range of prospective tenants in the commercial building and made it more difficult to lease existing space. The intent of the I-P zone was to protect industrial land inventories by limiting the extent of commercial use allowed. The impacts of the proposed change and of commercial uses versus industrial park office uses are negigible in this area. The Planning Commission recommended approval at its hearing on August 22, 1994. The applicant's statement, Planning Commission Minutes, proposed Final Order and Ordinance are attached. OTHER ALTERNATIVES CONSIDERED 1. Approve the attached ordinance thereby approving the requested Comprehensive Plan Map Amendment and Zoning Map Change and adopting the staff report as findings in support of the decision. 2. Deny the Comprehensive Plan Map Amendment and Zoning Map Change request. FISCAL NOTES' No direct fiscal impacts. Statement in Support of Application for Quasi-Judicial Comprehensive Plan Map Amendment and Zone Change 1. Introduction This application is for a quasi-judicial comprehensive plan map amendment from bight Industrial (I-L)-to General Commercial' (C-G) and a zoning map amendment from Industrial Park (I-P) to General Commercial (C-G) for the Nimbus Center. The subject property is located at the intersection of S.W. Scholls Ferry Road and S.W. Nimbus Avenue, with access onto both streets. The- property is fully developed, with a freestanding restaurant (Burger King) and a commercial center of approximately 22,500 rentable square feet. The property does not share its street access with any surrounding property. The property includes a landscaped parking area,-with approximately 95 parking spaces. The applicant has no current plans for any additional development on the subject property if 'the property is rezoned.: Indeed, the potential for significant changes in the density of; development on the property is limited by the size and shape of the site and the applicable code requirements for lot coverage, landscaping, and parking. Under the current I-P zoning, the permissible range of commercial uses is limited, and a maximum of 20% of the development complex may be devoted to (1) convenience sales and personal services; (2) children's day care; (3) eating and drinking establishments; (4) personal services facilities; and (5) general retail sales. The applicant is seeking the change to the C-G designation so that the subject property can be leased for a full range of commercial uses, without the 20% limitation. Development in the adjoining I-P district, which includes many thousands of square feet of flex space, does not currently utilize the full 20% allowance and given its lack of visibility, is unlikely ever to do so. Moreover, there is no danger that additional areas in the adjoining I-P district would be converted to General Commercial zoning; the subject property is uniquely situated, based on its location and visibility. The adjoining I-P zoned property would not satisfy the locational requirements for the C-G district. II. Ap roval Standards Section 18.22.040 of the Tigard Community Development Code sets the standards for quasi-judicial map amendments. The standards which must be addressed are: A. The aplicable comprehensive plan policies and man designation and: the change will not adversely affect the health, safety and welfare of the community. m Imam, (1) Applicable comprehensive plan policies and map designation The Comprehensive Plan establishes the following description of the General Commercial zone: "General Commercial areas are intended to provide for major retail goods and services. The uses classified as general commercial may involve drive-in services, large space users, a combination of retail, service, wholesale and repair services or provide services to the traveling public. The uses range from automobile repair and services, supply and equipment stores, vehicle sales, drive-in restaurants to laundry establishments. It is intended that these uses be adjacent to an arterial or major collector street." Response: Current uses on the property include the restaurant, a furniture store, a dental office, a travel shop, a dry cleaning service, and -a copying service. However, more than half of the space in the commercial building (i.e., excluding the freestanding restaurant) is currently vacant. General Commercial zoning will allow this property to compete on an even footing with other high-visibility properties, because it will be possible to lease to prospective tenants without the limitations inherent in the current I-P zoning. The Comprehensive Plan establishes the following locational criteria for the General Commercial zone: 3pmcing and location: The commercial area is not surrounded by residential districts on more than two sides. Response: The subject property does not abut any residentially zoned property. There is a residential area to the south of the subject property; however, the Nimbus Center is separated from that residential area by a landscaped buffer on the subject property and by a greenway through which Fanno Creek runs. Access: The proposed area or expansion of an existing area shall not create traffic congestion or a traffic safety problem. Such a determination shall be based on street capacity, existing and projected traffic volumes, the speed limit, number.of turning movements and the traffic generating characteristics of the various types of uses. Response: The proposed change will not alter the existing development. Although the range of permitted commercial uses - will be expanded by the change, there is no reason to expect any significant change in trip generation or the creation of traffic congestion or traffic safety problems. 2 mean IIIIIM Access: The site shall have direct access from a major collector or arterial street. Response: The site has existing direct access from S.W. Scholls Ferry Road, which is designated as an arterial. Access: Public transportation shall be available to the site or general area. Response: The Tri-Met No. 45 bus line serves S.W. Scholls Ferry Road in the immediate vicinity of the site. Site Characteristics:; The site shall be of a size which can accommodate present and projected uses. Response: The site is already fully developed, and includes adequate parking for full commercial use of the site. Thus, the site clearly can accommodate present and projected uses. Site Characteristics: The site shall have high visibility. Response: The site is located at the intersection of S.W. Scholls Ferry Road and S.W. Nimbus Avenue. The existing development on the property is oriented entirely toward the intersection, giving it high visibility. The commercial nature of the site is highlighted by the Burger King restaurant, which is located closest to the intersection. Impact Assessment: The scale of the project shall be compatible with the surrounding uses. Response: This application does not involve any change to the scale of the project, which is already developed. In addition, the site size and the zoning constraints (maximum lot coverage, minimum landscaping, and parking), retrict the potential for substantial additional development on the property. The existing development consists of two single-story structures. The scale of the development is compatible with the flex-space buildings in the adjoining I-P zoned area. The development is also consistent with the relatively dense residential development to the south, although the subject property is shielded from view of the residential development by the Fanno Creek greenway and a landscaped buffer. Impact Assessment: The site configuration and characteristics shall be"such that the privacy of adjacent non-commercial uses can be maintained. Response: As discussed above, the existing development is oriented entirely toward the intersection of S.W. Scholls Ferry Road and S.W. Nimbus Avenue. There are no adjacent non- 3 F H' f MOM III ORROM -mom commercial uses. The residential area located to the south is shielded and separated from the subject property by the Fanno Creek greenway and a landscaped buffer. impact Assessment: it shall be possible to incorporate the unique site features into the site design and development plan. Response: Applicant is not aware of any unique site features. Moreover, the site is already fully developed. Impact Assessment: The associated lights, noise and activities shall not interfere with adjoining non- ' residential uses. Response: The orientation of the existing development toward the intersection and away from the adjoining flex space development will prevent any interference with adjoining non-residential uses. The "Economy03 element of the Comprehensive Plan sets forth policies applicable to this proposal. In particular, the change to C-G district will help to diversify economic opportunities and provide jobs (Policy 5.1.1) by providing a zoning designation that will allow more complete utilization of the existing development on the property. The current zoning designation is preventing the applicant from leasing existing space to retail commercial tenants who are best suited to the location. As a consequence, much of the Nimbus Center space has been vacant for an extended period, and contributes nothing to the local economy. The proposal involves existing development and does not encroach on residential areas (Policy 5.1.4). Because the property is already developed, the applicant has already satisfied requirements for transportation and parking (Policy 8.1.3). As discussed above, the site has direct access to S.W. Scholls Ferry Road, an arterial street, as required by the Comprehensive Plan's criteria for the C-G district. (2) Affect on health, safety and welfare of the community The subject property is fully built out. Thus, the proposed map amendment will not alter the physical development of the property. The.only effect of the change will be to allow a wider variety of commercial uses within the existing development. There is no reason to believe that the change will have any adverse impact on the health, safety and welfare of-the community. 4 B. The statewide planning goals adopted-under Oregon Revised Statutes Chapter 197 until acknow edcment of the comnrehensime P-1-an an! ft- The City.°s comprehensive plan and ordinances have been acknowledged by LC®C; therefore, the statewide planning goals are not approval standards for this application. C. The ap2licable standards of any orovision_of this code or other anOlicable implementing ordinance. Chapter 18.62 of the Community Development Code establishes the development standards for the C-G zoning district. The existing development conforms with the development standards for the C-G district. The zone change therefore would not result in nonconforming development: (1) leverage minimum lot width exceeds 50 feet. (2) The property does not abut a residential district. Therefore, there are no required setbacks. (3) Height of the buildings does not exceed 45 feet. (4) The site satisfies both the maximum coverage limitation of 85% and the minimum landscaping requirement of 15%. Additional development requirements are imposed elsewhere in the code. However, these requirements (e.g., landscaping and screening; off-street parking and loading) would not differ between the I-P district and the C-G district. Thus, the zone change does not affect whether the development is consistent with these standards. With respect to parking requirements, applicant notes that staff has indicated that the existing parking (approximately 95 spaces) exceeds the minimum parking required by Chapter 18.106. D. Evidence of chance in the neighborhood or community or mistake or inconsistency in the co=rehensive plan or zoning mats as it relates to the property which is the subject of the development application. The subject development was developed at a high visibility intersection, and is oriented toward that intersection, rather than toward the adjoining I-P zoned development. The high visibility of the subject property makes it more suitable for General Commercial zoning. in addition, although the commercial development on the property may have appeared economically viable within the I-P zone at the time of development, the zoning now appears to be an impediment to leasing. Fiore than half of the space in the 22,500 square foot building is presently vacant. 5 MINE s_ a IN Emu The greater flexibility of the General Commercial zone should help alleviate this situation. III. Conclusion For the reasons stated above, applicant requests that the Comprehensive Plan nap designation for the property be changed from Light Industrial to General Commercial, and that the zoning of the property be changed from Industrial Park to General commercial. w Y e., fi S 1 .a a i, P, 1111 ''Ill DRAFEET TIGARD PLANNING COMMISSION Regular Meeting Minutes - August 22, 1994 1. CALL TO ORDER: President Fyre called the meeting to order at 7:30 p.m. The meeting was held in the Tigard Civic Center - Town Hall - 13125 SW Hall Boulevard. 2. ROLL CALL Present: President Fyre, Commissioners DeFrang, Holland, Moore, Saporta and Wilson Absent: Commissioners Collson, Saxton and Schweitz Staff Present: Will D'Andrea and Mark Roberts, Assistant Planners and Leslee Gemmill, Planning Commission Secretary 3. APPROVE MINUTES Commissioner Moore motioned to approve the June 20, 1994 meeting minutes as submitted and Commissioner Saporta seconded the motion. A voice vote was taken and the motion was approved unanimously. Commissioner Holland motioned to approve the minutes of the July 18, 1994 meeting minutes as submitted and Commissioner Saporta seconded the motion. A voice vote was taken and the motion was approved unanimously. Commissioner DeFrang abstained. Commissioner Saporta motioned to approve the August 8, 1994 work session minutes as submitted and President Fyre seconded the motion. A voice vote was taken and the motion was approved unanimously. Commissioners Holland, Moore and Wilson abstained. 4. PLANNING COMMISSION COMMUNICATIONS None 5. PUBLIC HEARING 5.1 SITE DEVELOPMENT REVIEW SDR 94-0008 VIPS/SANK OF AMERICA LOCATION: 9575 SW Locust Avenue (WCTM 1S1 26FDC, tax lots 4700 and 4701). An appeal of a Director's Decision approving a 56 unit motel with morning breakfast service. Specifically conditions 1 and 2 relating to sight-or-way dedication and street improvements. APPLICABLE APPROVAL CRITERIA: Community Development Code Chapters 18.32, 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, 18.150, and 18.164. Zone: C-P (Professional Commercial) The C-P zoning district permits a range of professional and personal services. The zone allows transient lodging and restaurant facilities. . nt isill- 1, Ill 101 1 UNION', Mark Roberts, Assistant Planner, informed the Planning Commissioners that on June 17, 1994, staff recommended approval for a 56 room motel at the vacant property at Locust Avenue and Greenburg Road. In the decision, Conditions of Approval #1 and #2 required the applicant to dedicate and improve the site's frontage along SW Greenburg Road to the ultimate .right-of-way width of 49 feet. On June 27, 1994, the applicant appealed the conditions of approval stating they were not warranted due to the minimal projected impact of the motel given the current levels of service on that portion of Greenburg Road. He said the applicant's traffic report indicated that motel use expected to generate less traffic during peak periods than professional-office use, the primary use permitted for this site. Assistant Planner Roberts continued and informed the Commissioners that the City attorney recommended the Planning Commission uphold the applicants appeal and staff recommended that Conditions of Approval be revised to require the applicant amend the site and landscape plan to indicate the ultimate right-of-way width but not actually construct or dedicate the improvements. The Attorney further recommended that Condition of Approval #2 be revised and the applicant be required to sign a waiver of remonstrance against the future formation of a Local Improvement District to improve SW Greenburg Road to the ultimate street width. Assistant Planner Roberts said staff recommended the proposed changes to the staff decision issued for the Phoenix Inn Motel. APPLICANTS PRESENTATION Steven V. Johnson, P 0 Box 2508, Salem, OR 97308 representing VIPS Industries, Inc. addressed the Planning Commissioners. He stated he really had nothing to add but did talk briefly about Washington County's review of the application. PUBLIC HEARING CLOSED Commissioner Holland motioned to uphold the applicants' appeal in accordance to the recommended changes and Commissioner Saporta seconded the motion. A voice vote was taken and the motion was passed unanimously. 5.2 COMPREHENSIVE PLAN' AMENDMENT CPA 94-0003/ZON 94-0005 REMBOLD TRUST, INC. LOCATION: 10075 SW Cascade Boulevard (WCTM 1S1 35BB, tax lots 300 and 500). To amend the Comprehensive Plan Map from Light industrial to General Commercial and a zoning change from I-P (Industrial Park) to C-G (General Commercial). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.22, 18.32, 18.62; Comprehensive Plan Policies 1, 2, 4, 5, 7, 8 and 12. Zone: I-P (Industrial Park) The I-P PLANNING COMMISSION MEETING MINUTES - August 22, 1994 - Page 2 Fs - . zoning allows public agency administrative services', public support facilities, professional and administrative services, financial,. insurance and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage and distribution among other uses. The C-G zoning designation allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, and eating and drinking establishments among other uses. Assistant Planner, Will D'Andrea presented to the Planning Commission, the staff report. He informed the Commissioners that the subject site was located on the west side of SW Cascade Boulevard between ✓W Scholls Ferry Road and SW Greenburg Road and the adjacent properties to the north, east, west and south were zoned I-P. The subject site and the majority of the Cascade Boulevard area was annexed into the City in June 1981. At that time, the zone was changed from Washington County M-1 (Industrial-to Tigard M-4 (Industrial Park) and no other land use applications had been filed with the City. He highlighted for those present the established retail/commercial businesses in the immediate area and indicated the remaining sites were developed with industrial type uses or were vacant. Assistant Planner D'Andrea said two separate ownerships comprised the site. Will D'Andrea informed the Commissioners that the applicant's possible uses for this site included construction of a Smith's Home Furnishings store and a second specialty retail building each containing 50,000 square feet. He said the applicant had presented evidence of a change or mistake that justified a zone change on this parcel and he summarized for the Commissioners, the evidence. In conclusion, Assistant Planner D'Andrea said that staff recognized some changes had occurred but whether the changes were significant enough to justify the change from Industrial to General Commercial was questionable particularly given some of the staff concerns about the future of the Cascade area. He said the issue before the Planning Commission was whether or not the area along Cascade Boulevard should be Industrial or Commercial and if the proposed change was made, it should be made with the notion that the entire area be commercial. He said that while there was some justification for the change, the Planning Division found it difficult to give more than a limited endorsement for approval for reasons including the general question of appropriate land-use and the Oregon Department of Transportation concern about traffic. 4 1 PLANNING COMMISSION MEETING MINUTES - August 22, 1994 - Page 3 V!, 1111gill APPLICANTS PRESENTATION Michael C. Robinson, Attorney at Lava, 900 Std Fifth Avenue, Suite 2300, Portland, OR 97204, using a map and aerial photograph, highlighted for the Planning Commission the location and businesses of the proposed comprehensive plan amendment/zone change. He outlined briefly the applicant's disagreement with staff regarding whether or not to take action on a single parcel or the entire zone and provided details of justification that changes indicated the demand for the area was for retail and not industrial use. He referred to Chris Johnson, a real estate agent's opinion that the market demand in the area called for retail use. Mr. Robinson outlined the criteria used and provided argument that he said justified evidence of change in the neighborhood or a mistake or inconsistency in the comprehensive plan/zoning map as it related to the subject property. Mr. Robinson briefly talked about traffic issues and Oregon Department of Transportation's comments he said were without benefit of the traffic study. He referred to the Rittelson & Associates traffic study that compared both zonings that confirmed the potential traffic impact of development under either zoning would be similar. In conclusion, Mr. Robinson indicated that because of the zoning, land use, employment and transportation changes in the area, I-P zoning was no longer justified for this area and i asked the Planning Commission recommend approval of the plan map/zoning map to the City Council. Mr. Robinson then distributed a letter addressed to the Planning Commission dated August 22, 1994. The letter was from Rittelson & Associates, Inc. regarding the applicant's response to ODOT- Region One's comments on CPA 94-0003/ZON 94-0005 Rembold Trust, Inc. Commissioner Saporta asked the Rittelson representative to address the Planning Commission regarding the traffic issues. Mark Vandehey, Transportation Planning/Traffic Engineer Associate, Rittelson & Associates, Inc., 610 SW Alder, Suite 700, Portland, OR 97205 summarized ODOT's outstanding concerns as outlined in the August 22, 1994 document regarding Project No. 1235.00 distributed earlier to the Commissioners. PUBLIC HEARING CLOSED Commissioner Saporta stated he understood the arguments for a change of circumstance and mistake but was bothered by the fact that a C-G island would be created. PLANNING COMMISSION MEETING MINUTES - August 22, 1994 - Wage 4 z.v M_. ~~.la%.Ci "may Commissioner Holland mentioned there were retail outlets in the I-P making it C-G already. Commissioner Wilson indicated the area was in transition and did not want to hold up the applicants request. The Commissioners briefly discussed the Cascade Boulevard area and the proposed comprehensive plan amendment and zone change. Commissioner Moore motioned to approve the Comprehensive Plan amendment from Light Industrial to General Commercial and a zoning change from I-P (Industrial Park) to C-G (General Commercial). Commissioner Holland seconded the motion. A voice vote was taken and the motion was approved unanimously. 5.3 COMPREHENSIVE PLAY AMENDMENT CPA 94-0004/ZON 94-0006 NIMBUS CENTER LOCATION: 10115 SW Nimbus Avenue (WCTM 1S1 34AA, tax lot 1900). The site is located at the southwest corner of SW Scholls Ferry Road and SW Nimbus Avenue. Amend the Comprehensive Plan Map from Light Industrial (I-L) and Zoning District Map from Industrial Park (I-P) to a General Commercial Comprehensive Plan Map and zoning designation (C- G). APPLICABLE APPROVAL CRITERIA: Comprehensive Plan Policies 1, 2, 4, 5, 8 and 12; Community Development Code Chapters 18.22, 18.32 and 18.62. ZONE: The current zone Industrial Park permits a range of light industrial uses within an industrial park. Light industrial also permits up to 20% of a development complex to be used for a range of commercial uses. The C-G zoning designation allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance and real estate services, business support services and eating and drinking establishments among other uses. Mark Roberts, Assistant Planner, stated this application was similar to item 5.2 on the agenda. He said the subject site was 2.43 acres in size and located on the southwest corner of SW Scholls Ferry Road and Nimbus Avenue within the Koll Business Center. The site was a single parcel developed with light industrial office space buildings and a Burger Ding restaurant. The applicant's primary reason for requesting this land-use amendment was because of its limited number of commercial uses permitted under the Planned Industrial designation that had limited the range of tenants which were permitted to lease suites at the site. The subject property was highly visible to motorists and pedestrians traveling on SW Scholls Ferry Road. Assistant Planner Roberts said in terms of location and design, the site presently functioned as a G-C site and appeared to drags much of its customer base from passing PLANNING COMMISSION MEETING MINUTES - August 22, 1994 - Page 5 P 1' 111111,111' 1111,1121111!, 1! :10 I'll ""_T, r7. motorists on Scholls Perry Road. By allowing the G-C zoning, the site could offer a great number of goods and services both to the tenants of Koll Business Center and surrounding area. For this reason, it could be said that the zoning could have been a mistake as it related to the specific design of the site. in conclusion, he said staff recommended that the Planning Commission forward a recommendation to the City Council to approve Comprehensive Plan 94-004 Zone Change 94- 0006. APPLICANTS PRESENTATION Richard Allan, 101 SW Fain, Suite 1100, Portland, OR 97204, representing Nimbus Center Associates, the applicant, addressed the Planning Commission. He said over 50% of the development was not leased and it is its own complex separate from Koll Business Center. He talked about the situation of having to lease 80% of the center's space for I-P permitted uses and having to compete with the Roll Business Center right next door. In conclusion, he emphasized there were currently no plans for any changes in structure and they are in compliance with C-G and therefore asked the Planning Commission to recognize the reality of the situation. PUBLIC HEARING CLOSED Commissioner stated he was surprised the center wasn't C-G in the first place. Commissioner Saporta mentioned the center was indeed separate and essentially functioned and looked like it was C-G. Commissioner Wilson motioned to approve the request for approval of Comprehensive Plan Amendment 94-0004 and Zone Change 94-0006. Commissioner Saporta seconded the motion. A voice vote was taken and the motion was approved unanimously. 6. OTHER BUSINESS None 7. ADJOURNMENT The meeting adjourned at 8:25 p.m. Leslee`Gemmil , ]Planning Commission.. Secretary ATTEST: President Pyre PLANNING COMMISSION MEETING MINUTES - August 22, 1994 - Page .6 i 11 1918i t AGENDA ITEM For Agenda of September 27, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Water Supmly Plan Update. August 1994 PREPARED BY : ~ DEPT HEAD OK x CITY ADMIN OTC ISSUE BEFORE THE COUNCIL Shall the City Council approve and implement the water Supply Plan Update submitted by Murray Smith and Associates in August of 1994. STAFF RECOMMENDATION The City Council approve the water Supply Plan Update as submitted by Murray Smith and Associates and recommended by the Intergovernmental Water Board. We further recommend that staff begin negotiation with the City of Lake Oswego in developing a long term water supply partnership. Resolution to be hand delivered at the September 27, 1994 Council meeting. INFOM14ATION SUMMARY Murray Smith and Associates was contracted with to study and make recommendations on long term water supply needs for the City of Tigard water service area. After several months of reviewing alternatives and the City of Lake Oswego commissioning a report on the Evaluation of Water service with and without the City of Tigard, certain evaluation criteria were developed and used. The Intergovernmental Water Board and its member agencies have had an opportunity to review and on September 14, 1994 recommended that the City of Tigard officially adopt the Murray Smith and Associates Water Plan Update and begin working with the City of Lake Oswego to develop a long term water supply commitment. OTHER ALTERNATIVF,,S CONSIDERED The City of Tigard could make recommendations about the water Supply Plan Update or choose to make another alternative a priority. FISOAL NoTEs Upon successful completion of a long term water supply contract a capital improvement program will have to be developed for the Tigard water service rea, with all jurisdictions participating. The Maintenance Services Division will be coordinating the supply plan and potential capital improvement program. affl; 01 111 SEEM= 4'~V AGENDA ITEM No. 9 WAS AN ORAL REPORT mom Will INNER AGENDA ITEM For Agenda of September 27, 1994 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Parking restrictions on SW 108th Avenue. PREPARED BY: R. Wooley DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Parking restrictions on SW 108th Avenue. STAFF RECOMMENDATION Approval of the attached ordinance prohibiting parking on a portion of SW 108th Avenue. INFORMATION SUMMARY A petition has been received from residents of the 108th Avenue area south of Durham Road. The petition requests that parking be prohibited on the west side of 108th across from the Durham Park Apartments. The manager of the apartments and the Tigard Police have also indicated support for the parking rohibition. On the west side of 108th, across from the apartments, full street improvements have not been completed. As a result, when vehicles are parked on both sides of 108th, there is not sufficient room for two-way traffic. SW 108th is a minor collector and carries more traffic than a local street. In addition, there is a significant amount of turning traffic from the apartment driveways. There appears to be widespread support for prohibition of parking on the west side of 108th where full street improvements do not exist. The attached ordinance would create the requested parking prohibition. OTHER ALTERNATIVES CONSIDERED FISCAL NOTES Approximately $250 would be required for signing and would be paid from the current street maintenance budget. rw/108-rep 1 :NQ i; x t x i on rE SEP 1 1994 Randy Wooley CITY OE TIGARD City Engineer 13125 SW Hall Blvd. Tigard, OR 97223 ✓-V~s Mr. Wooley, We, the undersigned residents of the subdivisions off 108th Avenue, request the west side of 108th Avenue between Durham Road and Chateau Lane, where it is unimproved, be posted "24 Hour No Parking." The road width in this area is approximately 31 feet wide with only the east side of the street having been improved. At the narrowest point, where both sides of the street are unimproved, the road is 22 feet wide. Cars are being parked on both the west side of the street as well as on the east side of the street. This leaves approximately 12 feet for cars to drive, and is being perceived as a traffic hazzard. Thank you for your attention to this matter. 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