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Resolution No. 89-42 C:1"I Y OF TIGARD, OREGON RFTSOLU rION NO. 89 A AQ - A RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS TO DENY A UMPREtIMS10T PLAN AMENDMENT' (CPA 89-M) AM iMC COMME (ZC 89-OZ) RVQUFStV--O BY PLANNING RESOURCES, INC. WHEREAS, the applicant requested a Comprehensive Plan Amendment for 4.2/ acres (eastern half of 11165 SW Naeue Sweet) From Medium Density Residential to Medium-High Density Residential and a Zonu Change from R42 (Residential, 12 witsjs"m) to R-25 Onsident4al, 25 units/acre): WHEREAS, the Planning Commission heard the about: application at its regular, meeting of April 4, 1939, and recommended denial; and WHEREAS, the Tigard City Council heard the above application at its regular- meeting egularmeeting of April 24, 1989. NW, THLRUORE, BE IT RESOLVED by the Tigard Gay Council that: Section 1: The proposal is not consistent with all relevant criteria noted in the attached findings (Exhibit "A"), tection 2: The City Council upholds the April 4, 1.989, Planning Commission recommoridatiw) for dinial of the Comprehensive Plan Land Use Map and Zoning Map Amendment as sat forth in the Commission's minutes (Exhibit "B"). Section 3: Thi4 Council, therefore ORDERS that the above referenced request laoDENIED. The Council. FURTHER ORDERS that the Planning Director and the City Recorder send a copy of the Final order as a Notice of Final Decision to the P- ies in this case. r PASSED: This -;Q—LA. day of -9. fi ATTEST: Tigard (0 lulvat bQputy Recorder :-dity of Ti4ard cp/9774D No.N RESOLUTION 4 Page STAFF REPORT AGENDA ITEM _ 5.2 APRIL 4, 1989 - 7:30 P.M. TIGARD PLANNING COMMISSION TIGARD CITY HALL - TOWN HALL_ 13125 SW HALL BLVD, TIGARD, OREGON 9:223 A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 89-02, Zone Change ZC 89-02 REQUEST: Comprehensive Plan Map Amendment from Medium Density Residential to Medium-High Density Residential and a Pone Change from R---12 (PD) (Multi.-Family Residential, 12 units per acre, Planned Development) to R-25 (PD) (Multi-Family Residential, 25 units per acre, Planned Development) for approximately 4.27 acres. APPLICANT: Planning Resources, Inc. OWNER: William & Claire Sanders 3681 SW Carman Drive 2236 Bents Street ML Lake Oswego, OR 97035 Aurora, OR 97002 LOCATION: Eastern half of 11165 SW Native Street (WCTM 2S1 1006, tax lot 200). 2. Background Information This parcel and adjacent parcels were annexed to the City of Tigard in 1981 with a Washington County zoning designation of RU-4 (Residential, 4 units/acre). City of Tigard Comprehensive Plan Revision CPR 1-81 approved redesignation of the entire parcel from Low Density Residential to Medium Density Residential and a zone change to R-12 (Residential, 12 units/acre). The Planned Development (PD) overlay zone was added to the requested R-12 designation so that all development proposals for the property would be required to be reviewed by the Planning Commission. In December 1986, the Tigard City Council gave conditional approval to the Albertson's Comprehensive Plan Amendment for changing the Plan designation of several properties located at the southeast corner o. Durham Road and Pacific Highway. This approval redesignated these properties from High Den,,ity Residential to Gcr:?ral Coe.:srercial. The result of this decision was the removal of the opportunity for approximately 400 potential multi-family housing units from Tigard's inventory of vacant, buildable land. The Metropolitan Housing Rule (Oregon Administrative Ruler., Chapter 660, Division 7) requires that Tigard provide a housing opportunity for at least 50 percent multi-family units and a net minimum housing density of 10 dwelling STAFF REPORT - CPA 199-02/ZC 89--02 (SANDERS) - PAGE 1 units per acre on vacant buildable land within the City's Urban Planning Area. The Albertson's CPA was gr-anted on the condition of redesignation of sufficient residential land to higher densities to make up for the housing opportunity shortfall created by the decision. Several sites throughout the City, including the subject parcel, were considered fur increased res identi.aI densities to make up for the housing opportunity shortfall created by the Albertson's decision. The western half of the subject property and the parcel to the west were proposed for Plan/zone redesiynation from Medium Density Residential/R-12 (PD) to Medium—High Density Residential/R--25 (PD) (CPA 87-07(G)/ZC 87-02(G)). No change in designation was proposed for the eastern half of the Sanders' parcel. The proposed redesignation of the western half of the property and the adjacent parcel was approved by the City Council on April 13, 1987. No other land use applications regarding this parcel have been reviewed by the City. 3. 5ficinitylnformation The Sanders' property is surrounded by the following zoning districts: R-25 (PD) (Residential, 25 units/acre, Planned Development) to the west andsouth; r_c: (PD) (CLneral Commercial, Planned Development) to the southwest; R-25 to the southeast; and R-12 (PD) (Residential, 12 units/acre, Planned Development)to the north. Parcels to the west, east, and north are undeveloped, tree—covUred, and together with the subject parcel form the southern slope of tittle Bull Mountain. The Fountains at Summerfield condominiums are located directly south of the. Sanders' property. To the southwest are several undeveloped parcels as well as Hector's Nursery which fronts on Pacific Highway. The Sanders property has approximately 220 feet of frontage on Naeve Street. Naeve Street is designated as a minor- collector street by the City's Transportation Plan Flap. Naeve Street is generally substandard in width and in state of impr•ovemehts, with the exception of the frontage of tne, Fountains at Summerfield directly across from the Sanders' property. Half street improvements including 30 feet of pavement, curbs, a sidewalk, and streetlights have been installed along the Fountains' frontage. The developers of the Fountains have also installed a 20 foot wide interim road surface westward to Naeve Street's intersection with Pacific_ Highway. Pacific Highway, a four—lane divided arterial, is locates! approximately 500 feet wast of the Sanders' property. A left turn lane onto Naeve Street is provided for southbound traffic. The intersection of Naeve Street and Pacific Highway is not signalized. SW 109th Avenue is approximately 450 feet east of the property. South of the intersection, SW 109th Avenue is a fully improved street leading into the Summerfield planned co:smunity with connections east and west leading to Durham Road. SW 109th Avenue, north of the intersection with Naeve Street, is a steep grave] road extending approximately 1,200 feet to a dead end. SW 109th Avenue continues approximately 200 feet STAR REPORT — CPA 89-02/ZC 89-02 (SANDERS) — PACE 2 further north of the dead end. This northern section of SW 109th Avenue extends northward to Canterbury Lane. The City's Transportation Plan iMap calls for the two segments of SW 109th to be connected in the future. 4. Site Information and Pro osai Descriptior. Tax lot 200 is an 8.27 acre parcel presently developed with one single family residence and several outbuildings. The property slopes generally to the south and wrest with an average grade of 12 percent. The property formerly was used as a nursery. The site is mostly wooded .with a combination of evergreen and deciduous trees. The largest trees are on the northernmost portion of the property. The southernmost portion of the property, between the house and Naeve Street, is mostly open. The property is presently served by a septic system and a well. P, sanitary sewer and a storm -- or are located nearby at the intersection of 5w Naeve Street: nd SW Io9th Avenue. An B—inch diameter water, main is located along Naeve Street. The Sanders' property presently has split Plan and zoning designations. The we 4.0 acres is designated Medium—High Density Residential by the "rmprehensive Plan Map and is zoned R-25 (PD). The eastern 4.27 acres^ is designated Medium Density Residential. and is zoned R-12 (PD). The applicants request that the eastern 4.27 acres be redesignated Mediu.n—High Density Residential and be rezoned R-25 (PD). The applicants cite difficulties in marketing the property for development purposes because of the split des gna.A on. The Planning Division has previously responded to the owners' and potential developers' inquiries regarding the possibility of averaging the allowed densities for the two portions of the parcel with an interpretation that averaging was not possible. (Exhibit I_ July 11, 1988, letter to William Sanders from Jerry Offer.) 5. Agency and NPO Comments The Engineering Division has reviewed the proposal and offered the following comments: The subject site fronts onto Sw Naeve Street, a largely unimproved minor collector street. improvements to Naeve Street would be required as a condition of any development of the property. The improved roadway should provide adequate vehicular access for the site at the increased density. Sanitary sewer and storm drainage improvements would nave to be extended from existing manholes at SW Naeve Street and SW 109th Avenue. The sanitary sewer system is capable of providing the necessary service at the requested increased density. The existing storm drainage system would be required to be evaluated as a condition of development of the site. Increased density will typically increase runoff slightly but the overall impact on runoff (, from this site should be minimal. STAFF REPORT — CPA 89-02/ZC 89-02 (SANDERS) — PAGE 3 ( j The Oregon State highway Division has offered no objections or continents but has noted that future development of the regarding the Proposal !%r proposed densities may necessitate site at either the existing improvements to Naeve Street's intersection with Pacific Highway. Improvements would neer: to he constructed at the developer's expense. The Tigard Water District has commented that its water system has the capacity to serve the development. However, the Water District added that it may be necessary to serve the upper por-Lion of the site from a pumped water• line from Canterbury Lane and to serve the lower portion of the site from a main located along SW Naeve Street because of difficulties with water pressure. !%1p0 ##6 has commented that the western half of the property should ba down.-zoned to R-12 rather than having the eastern half of the property up-zoned to R-25. The NPO feels that this would make the parcel a more homogeneous, developable property that would be compatible with the existing neighborhood. Tigard School District 231 and Washington County Fire District N1 reviewed the proposal and have offered no comments or objections. Nov.. other _nrnme_._nts were received. g. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide planning Goals and 10; Tigard Comprehensive Plan policies 2.1.1, 5.1.1, 7.1.2, 7.8.1, 8.1.1, 8.1.3, 6.2.2, and Chapter 12, Locational Criteria; and the change or mistake quasi-judicial map amendment criteria of both the Comprehensive Plan and Community Development Code. The Planning staff' concludes that the proposal is consistent with the applicable Statewide Planning Goals and Guidelines based upon the following findings: 1, Goal 01 is met because the City has adopted a Citizens Involvement program including review of all development applications by he Neighborhood Planning Organization (NPO). In addition, all public notice requirements have been satisfied for t this application. 2. Goal ##2 is met because the city has applied all applicable Statewide Planning Goals, City Comprehensive Plan Policies and Community Development Code requirements to the review of the proposal.. 3. Goal N10 is satisfied because the proposal will provide for additional housing opportunities as promoted by the City's Rule (Oregon Campr•enensive Plan and the Metropolitan Housing Administrative_Rules, Chapter 560, Division 7). Approval of the ` proposal would increase housing opportunities- on the city's developable residential lands to 10.21 dwelling units per acre. f The t STAFF REPORT - CPA 89-02/2C 89-02 (SANDERS) - PAG= 4 Metropolitan dousing Rule requires that the City maintain z+ minimum housing opportunity rate for developable lands of 10 units per acro and a minimum 50/50 opportunity mix for single family and multi--fa;Aily housing. The Planning staff has determined that the proposal is consistent with the relevant portions c,F the Comprehensive noted below Plan b,a3ed upon the findings 1. Plan Palic v 2-1 .1 is satisfied because Neighborhood Planning Organization N6 and surrounding property owners were given notice of the hearing and an opportunity to comment on the proposal. 2. Plan Policy 6.1. is satisfied because the proposal would provide the opportunity for additional multi--family development and would increase the net housing opportunity an buildable lands in the City. This is detailed in the discussion for Goal 10 above. The City c F Tigar-i is obligated through the Metropolitan Housing Rule to Provide for an equal housing opportunity mix of single family and multi-family units with an overall development density of 10 units per acre. The City must ensure that Sufficient higher density areas are :Available so the intent of the Housinq Rule can be met. The PrOPused redesignation would further the City's compliance with these requirements. Reducing the allowed density on the property, as the NPO has recommended, would bring the City closer to hon-compliance with the Housing Rule requirements. 3. Plan Policy 7.1.2 is satisfied because adequate public service capacities are available to serve potential development on the site at th_ pr�pused increased density as indicated by the comments of service providers. Storm sewer and sanitary sewer extensions will be necessary to serve the property. This can be accomplished as a condition or developing the site. 4. Plan Policy 7,8.1 is satisfied because the Tigard School District was informed of this proposal. The Schaal District is presently constructing an ac+dition to the Durham Elementary School and is also reviewing proposed changes to school attendance boundaries. These actions are -intended to alleviate overcrowding in existing classrooms and to provide additional capacity to serve future growth in the area. 5. Plan Policy 8.1..i, commits the City to plan For a safe and efficient street and roadway system that meets current needs and anticipated future development. This policy would be satisfied because additional anticipated traffic resulting from the increased number of dwelling units that could be developed on the site world rcpt cause SW Naeve Street and adjacent streets to exceed normal traffic levels for their functional classifications, SW Naeve Street and SW Summerfield Drive, which is located to, the south, are both functionally classified as minor collector streets_ SW 104th Avenue and other streets in the area are functionally classified as local streets. STAFF REPOPT - CPA �y-{t212r.nom? PAGE 5 c.za The applicants have submitLed a preliminary traffic analysis prepared by Robert Keech and Associates, consulting traffic engineers (Exhibit 2). This analysis concludes that the proposed redesignation would be expected to result in an additional 320 vehicular trips per day fro n; the site beyond what would be expected under full development with the existing zoning. The traffic analysis Projects that 33 percent of these trips, or 122 tripes per day, would be anticipated to travel south and east through the Summerfield planned community to Durham Road. The J '`7 analysis projects 42 additional trips would travel westbound on Summerfield Drive and 00 eastbound trips on Summerfield Drive. Although any additional traffic on £ummerfield Drive will be of concern to residents of the Summerfield community, the puteni,iai additional traffic should not result in the suggested traffic range of SW Summerfield Drive being exceeded. The suggested traffic range of minor collector streets, as specified by the Transportation section of the Comprehensive Plan, is up to 3,000 vehicle trips per day. The additional traffic also should riot exceed the zuggested traffic range for SW 109th Averue which is functionally classified by the Pian as a local street. The Plan states that the suggested traffic range of improved local streets ..s up to 1,500 vehicle trips per day. The traffic analysis projects that an additional 198 vehicle trips westward on Naeve Street would be anticipated from full development at the proposed density as compared to full development at the current density opportunity applicable to the Sanders' property. This additional traffic is not anticipated to result in exceeding the suggested traffic range of SW Naeve Street, a minor collector street, or Pacific Highway which is functionally classified as an, arterial. It is noted, however, that any development of the Sanders' property, either with the density limits of the current or proposed zoning, will likely require off—site interim street improvements to Naeve Street: in both directions as well as improvements to the intersection of Naeve Street and Pacific Highway. Because the proposed redesignation would not result in normal traffic ranges of adjacent streets being exceeded by traffic generated by the additional dwelling units that could be developed, and also because the parcel is served by an adequate network of minor collector streets and an arterial, Plan Policy 8.1.1 would be satisfied if the proposed redesignation is approved. 6. Plan Policy 3.1.3 will be satisfied as a condition of approval of any future development of the property. Necessary right—of—way dedication and street improvements would be required at that time. The City's Engineering Division and the Oregon State Highway Division will review any development proposal for the site. STAFF REPORT — CPA89--02/ZC 89-02 (SANDERS) -- PACE 6 7. Plan Policy 8.2.2 is satisfied because Tri—Met offers bus service on Pacific Highwray less than one quarter mile from the property. 8. The Locational Criteria specified in Chapter 12 of the Plan for MediumrH igh Density Residential use are satisfied for the following reasons: a. The pr<.perty is within a "Developing Area" which is not committed to low density development. b. The property is approximately 400 feet from the nearest properties desi,jnated by the Plan for single family residential use; future development on the site would therefore be adequately separated from low--density development thereby minimiz ioj the potential for conflicts. C. The parcel has direct access 'to Native Street, a mind collector street, as well as indirect access to Pacific Highway, an arterial street, as designated by the Comprehensiv,E- Plan's 'Transportation Plan Map. The parcel is less than 500 feet from Pacific Highway. d. Serious development limitations affecting the site are not evident and public facilities can be extended to serve the property. e. Public transit is available on Pacific Highway within a quarter mile of the site. f. Convenience retail service is available nearby along Pacific Highway. Commercial and business centers are located approximately 0.5 to 1 mile from the parcel. g. Property north of the site has slopes in excess of 25 percent that will be difficult to develop and therefore will likely remain as private open space. Common open space and recreational facilities that cusomarily are provided with multi-family development will also likely be provided as the subject property is developed. No public open space is located within the vicinity of the parcel. In order to approve a quasi-judicial amendment to-the Plan and Zoning Maps, the City must also find that there is evidence of a change in the neighborhood or community which affects the subject partcel. Alternatively, the City must find that there has been a mistake or inconsistency made in the original designation of the parcel. (Comprehensive Plan, Volume 2, Policy 1.1.1, Implementation Strategy 2; Community Development Code Section 18.22.040(A)). Staff concurs with the applicant's assertion that a mistake was made in designating the Sanders' property with two Plan and Zoning designations splitting the parcel longitudinally. The current- split designations makes the parcel very difficult to develop because the allowable densities of the two zones cannot be averaged over the entire parcel. The staff believes that it would be better to distribute the units throughout the site STAFF REPORT -- CPA 89--02J7c 89--02 (SANDERS) ._ Pnrr 7 - with respect to any actual development constraints or opportunities inherent in the site rather than with respect to an arbitrary zoning district boundary. The proposed redesignation would correct the mistake that was made in the original split designation of the parcel. C. RECOMMENDATION The Planning staff recommends that the Planning Commission forward a recommendation for approval of CPA 69-02/ZC 63-02 for the eastern portion of the Sanders` property (17.165 SW Naeve Ctreet, WCTM 2S1 1ODB, tax lot ZOO) to Medium-High Density Residential and R-25(PD). Ala," PREPoft ED BY. err;,Cyffer APPROVED BY: Keith Liden Ass (/ant Manner Senior Planner br/9412D l STAFF nEi-c:+nT - ,,,ter. ^,2;ter-.ao_rE? (nAM)E'RS3 - PAGE 8 NWI/4 SEI/4 SECTION 10 TZS RlW WM. WASHINGTON COUNTY OREGON <v<c«attccc�i< `OO - Iw R*.J f 'A fZ :Els:: h �JY j I I ::w.... ........ sr ' At 40,0 .................... r � - .................... ............. . r �� , C.Y i if 5o7 .......... . i i s e 5(40/EC-T To FZAA.; Z0lV. epA, l6E �Rop�s AL PLAm MAP I C-0 T;T'7T T It un LJl LL rT—I ,IF SUijkjj4.Cjr AREA LOW ! I ri ol T- T 1 T7 ZONING MAAP I jLi f—I �� - v 1 711 IT WGH - SC - > { iEMPIET --t-- /s ®� ���'1111 EAREA LMT OOL . l R- - - 4-4 J ---_.--_�' T�-1 . of Li . � .ctaeaansunennee _-_��..s� r�/-! {~-�^"♦ j . PUBLIC HEARING CLOSED o commissioner Castile favored the proposal with conditions proposed at the previous hearing- He felt that this was not a normal right-o£-way. o commissioner Saporta had previously opposed the request, however, after visiting the site he felt it would be difficult to construct another type of sign. Lie favored the proposal with conditions previously proposed. o commissioners Rosborough, Leverett, and Pyre agreed and favored the proposal.. o Commissioner Barber and Peterson opposed the proposal. They did not feel a sign should be permitted in the public right-of-way. * Commissioner Castile moved and Ccw=lssioner Saporta seconded to approve SCE 89-04 and V 89-04 with the following conditions: 1. The existing sign is to be removed. 2. The new sign will be constructed as prop.ised. 3. The electrical line ..ill be moved. 4. The sign will be subject to a license. 5. The applicant will obtain a street opening c5e3rmlt. 6. No freeway oriented sign will be permitted on the site. Motion passed by majority of Commissioners present. Commissioners Barber and Peterson voting no. 5.2 COMPREHENSIVE PT.AX MU=MJMT CPA 89-02, .EONS CMANGE rC 89-02 SABERS (PI.A.AmraG nu ........5, INC.) NPO # S Request for a Comprehensive Plan Amendment from Medium Density Residential to Medium-High Density Residential and a Zone Change from R-12 (Residential, 12 units/acre) to R-25 (Residential, 25 unite/acre) for appror_imately 4.27 acres. The remainder of the parcel is desISnated Medium-High Density Residential and In zoned R-25. LOCATION- Eastern half of 11165 sW Naeve Street (WCTM 2S1 1GDB, eastern half of tax lot 200). Senior Planner Liden reviee-ed the proposal and made staff's recommendation for approval. adding that the primary concern was for transportation and the effe,,= it would have on Summerfield. Discussion followed with Commissioners regarding the history around the rezoning of the Albertsons• sit_ and how the property ended up with a split zone. APPI.ICAMM'S PRESENTATION o Bill Sandesa, 22362 Bents Street HE, Aurora, OR 97002, explained that their representative had not arrived and they would like the opportunity for him to be able to speak. He stated *hat they had purchased the property in 1950 and had operated a nursery business untl! 1975 when the State took away their water rights. Now they were trying to sell the property and finding it difficult because of the split zoning. PLi MXW, COMMISSION MINuTUS - APRIL 4, 1989 - PAGE 2 PUBLIC TESTI-OWINY o Dave Atkinson, 10460 SW Century Oak Drive, Tigard, OR 97224, a Summerfield resident, stated he had been involved in the density planning process fer eleven years. His primary concern was for traffic. He stated that Naeva Road at 109th had been intended to be block off to protect the residential area of Summerfield. He explained that Summerfield is unique and because of the golf cart traffic does not have normal traffic patterns. He disagreed with staff's estimate regarding traffic. He questioned why NPO # 6 was required to absorb the increased densities resulting from the rezoning of the Albertsona' development. o Sane M` I.er, 10920 SW Highland, Tigard, OR 97224, agreed with Dave Atkins:.- and added that both she and Dave had served on NPO # 6 when the Comprehe._ •ive Plan was first implemented. She opposed increasing the density because of the traffic impact to Summerfiela. She read a portion of a letter which had been directed to Phil Pasteris, former NPO # 6 Chairperson, from Randy Wooley, City Engineer, regarding traffic concerns_ She react, and submitted into the record a petition from the residents of the Fountains opposing the density change. o Rick Givens, Planning Resources, Inc., 3681 SW Carmen, Lake Oswego, Or, 97035, ic..presenting the Sanders, reviewed the proposal and difficulties they �.Iere encountering with the split zoning. He stated that their goal was not to increase density but to allow for homogeneous development. - V'ie roads are devigned to handled the proposed density. He added that the adjoining property had been purchased by a church which indicates that it will probably be development as a church facility. He concluded that the density requested is compatible with the surrounding area and requested that the Planning Commission recommend approval. o Discussion followed with staff and the Commissioaz regarding the split zoning, approval criteria, approval based on specific plan, and blocking off 109th and Naeve Road. PUBLIC SSARIM CLOSED a Consensus of the Commission was to leave the zoning as is. Discussion followed regarding the possibility of allowing the site to develop by combining the densities, which would allow 15 to 13 units per acre for the entire.,site. Discussion on the type of recommendation that could be made. * Commissloner Castile` moved and Commissioner I,everett seconded to re,vomm*,nd denial of CPA 89-02 and ZC 89-02. Motion carried unanimously by Commissioners present. * Commissioner Castile moved and Commissioner Peterson seconded to recomme.sd to City Co-.incil that some type of method be worked out to ,average the denalty and allow development of 15 units per acre over the entire site to allow for a uniform development. Motion carried by majority of Commissioners present. commissioners Barber, Rosborough, and Saporta voting no. PZJUMING CORKySSION 141YO-KS - APRIL 4, 1989 - PBGH 3