Resolution No. 89-86 CITY or TIGARD, ORBOON
RESOLUTION NO. 89-$�''
A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING FINDINGS AND CONCLUSIONS TO
DENY AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT (CPA 89-08) AND ZONE
CHANGE (ZC 89-08) REQUESTED BY E- AT EN GROSS.
WHEREAS, the applicant requested a Comprehensive Plan Amendment for a 1.87 acre
parcel from Medium Density Residential to Neighborhood commercial and a Zone
Change from R-25 Multi-family Residential, 25 units/acre) to C-N (Neighborhood
Commercial)p
WHEREAS, the Tigard Planning Commission heard the above application at its
regular meeting of October 3, 1989, and recommended denial, and
WH3REAS, the Tigard City Council heard the above application at its regular
meeting of October 23, 1989.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The proposal is not consistent with all of the relevant
criteria noted in the attached findings (Exhibit "A").
Section 2: The City Council upholds the Planning Commission's
recommendation for denial of the Comprehensive Land Use Map
and Zoning Map Amendment as set forth in Exhibit "B" (map).
.section 3: The Council, therefore ORDERS that the above-referenced
request be DENIED. 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 parties in
this case.
PASSED: This __�L_th day of N VV-,M hf1, , 1989.
Mayor - city o`f-Tigard
ATTRST:
V.sgutf_ Recorder' - City of Ti rd
1 ,
Exhibit "A^
STRFB REPORT
AGENDA ITEM 5.2
01-TOSER 3, 1989
TIGARD CITY HALT, - TOWN PALL
13125 SW HALL BLVD.
TIGARD, OREGON
A. FACTS
1. General Information
CASE: Comprehensive Plan Amendment and Zone Change CPA 89-08/ZC 89-08
REQUEST: A request for approval of a Comprehensive Plan Amendment from
Medium High Density Residential to Neighborhood Commercial and
a Zone Change from R-25 (Multi-family Residential, 25
units/acre) to C-N (Neighborhood Commercial). Zone: R-25
(Multi-family Residential, 25 units/acre).
OOMPREHZNSIVE PLAN DESIGNATION: Medium-High Density Residential
ZONING DESIGNATION: R-25
APPLICANT: E. Aleen Gross OWNER: same
2955 SW Fairview Blvd.
Portland, OR 97201
LOCATION: Southwest corner of the intersection of SW Scholls Ferry Road
and SW 135th Avenue (WCTM 1S1 33CA tax lot 100).
2. Vicinity Information
The subject site is bordered by SW Scholle Ferry Road to the west, Old SW
Scholls Ferry Road to the northwest and north, SW 135th Avenue to the east
and a similarly coned R-25 (Multi-family Residential, 25 units/acre)
Parcel, containing a single family residence, to the south. The area
between new SW Scholls Ferry Road and old SW Scholls Ferry Road to the west
Is within the City of Beaverton. The City Of Beaverton also lies due north
on the other side of SW Scholls Ferry Road_
3. Bac$oround YZgarmation
The subject parcel was annexed to Tigard in June of 1983. No development
activity has occurred on the subject site since annexation with the
STAFF REPORT - CPA E9-08/ZC 89-08 _ GROSS - PAGE I
,y
exception of the installation of a traffic signal at the northern portion
of the subject property. Therefore, no land use requests have been
reviewed by the Planning Division staff with respect to the subject
property.
4. Site Information
The subject parcel involved in the proposed redesignation is approximately
1.871.87 acres in size and is largely covered by small deciduous and evergreen
trees. The eastern half of the subject site was included in the SW 135th
Avenue Local improvement District and Be possesses half-street
Improvements.
According to the applicant, the stated purpose of this redesignation is to
facilitate construction of a small retail commercial neighborhood center
which would subsequently require a City Site Development Review permit. A
redesignation to C-X would in no way limit the future development of this
parcel strictly to this specific retail use. The Code provides for a
variety of civic and commercial uses in the Neighborhood Commercial zoning
district.
5. Agencv and NPQ Cc�=maents
The Tigard Water District, the consolidated Rural Fire District and the
City Building Division have reviewed the proposal and have no objections to
it.
The City Engineering Division has reviewed the proposal and makes the
following findings and observations:
Development under C-N zoning is likely to generate approximately 4,000
vehicle trips per day to and from the este. Development under the
current R-25 zoning would likely generate less than 300 trips per day.
Thus, the proposed zoning would likely result in a substantial increase
in the vehicles trips to and from the site. However, traffic impacts on
adjoining streets away from the site would likely be rather. minor.
The: types of businesses allowed under a C-N zoning tend to serve
predominately the adjoining neighborhood and passing motorists. Of the
4.000 trips per day the majority are likely to be motorists who are
a_ready passing by the site and stop briefly at the site; thus, these
trips would not represent new trips on Scholls Ferry Road.
A C-N type development would be expected to receive much of its business
from the adjoining neighborhood. To the extent that the C--N zoning
development provides a new business location for the neighborhood, it
may actually reprement a decrease in trips on Scholls Ferry Road-
Neighborhood residents c-uld shop in their nelghborhzod rather than
driving to a more distant commercial location.
STAFF REPORT - CPA 89-08/ZC 89-08 - GROSS - PAGE 2
Therefore, we cc�nc..i-...,...-,. r_hat the ed _..na change would lead to a
substantial in'rcease traffic: at t. `- sit-, wt:>uld probably lead to some
increase in the turning .t,ovefaerte at -he inte=rsection of 135th and
Sciaolls Ferry Road, but would lead to nor _ .:..ala traffic impacts on the
street system away from the itamed£ate viz.t,.,,.ted of the site. If the C-N
zoning is approved, It Appears that. adequate controls are available
through the site deve.Lopatent review pro<:eso to adequately accommodate
the increased potential trafflic to and from the site.
Impacts on the utility and storm drainage systems from dev-lopment under
the C-N zoning would be approximately the same as thorn :or de.elozm)t
under the existing R-25 zoning.
Recommendation: The Engineering Division has no objc...... ..:r- -.o tho
proposed zone change.
Washington County•s Department of Land Use and Tran.sportatio,.: ...::az rwvi.aw»d
the proposal and commentaz
Our primary concerns with this application are traffic ant: access
issues. The County and the Oregon Department of Transpartation (ODOT)
have been jointly developing plans to improve and widen Scholls Ferry
Road to accommodate existing and projected traffic to the year 2010.
Those improvements are intended to support the traffic generated by
existing land use plans, not to induce land use plan changes along the
Scholia Ferry Road corridor. The applicant asserts, without findings,
that this plan amendment will reduce congestion on Seholls Ferry Rcad.
The Schollo Ferry Road project includes elimination of the Old Scholls
Ferry/Scholls Ferry intersection by realigning Scholls Ferry Road with
Davies Road, constructing a cul-de-sac on the ex£stir:,g Scholls Ferry
Road, and vacating the existing connection to old Scholls berry. The
signal at this intersection will be removed, and a signal will be
Installed at SW 135th. Scholls Ferry Road will be widened to 5 lanes and
will require additional right-of-way from this site. Final glans have
not been completed, so the exa.,t amount of right-of-wa• needed is
unknown, but it will likely be approximately 30 feet, to accommodate a
right turn lane at 135th in addition to the through lanes. No access
could be granted on Sch..11s Ferry Road not only because of access
spacing criteria (1000 feet), but because of the standing queues at the
135th signal and the additional right turn lane onto 135th.
The proposed access on 135th would need to be analyzed, and a traffic
impact statement prepared before we could assess its impacts. The
additional traffic generated and the additional turning movements at the
1345th/Scholls Ferry intersection may cause an unacceptable level of
service for the design proposed in the Scholls Ferry Road project.
The State of Oregon Highway Division has reviewed the proposal and has
the following comments:
STAFF REPORT - CPA 89-08/ZC 89-08 - GROSS -- PAGE 3
The proposed zone change would generate additional vehicle trips on
both SW 135th and SW Scholls Ferry Road. A rough estimate with a
37,000 square foot retail center at 117.9/1,000 is 4360 ATR (averAge
trip rate) compared to 280 ATR for R-25 zoning. This should require a
traffic report before it is considered. An access peL-mit is required.
Frontage improvement should include a loft turn lane as well as the
curb and sidewalk.
Neighborhood Planning Organization #7 has .reviewed the proposal and has
the following comments:
After consideration of the applicant's statement, NPO #7 feels that
the subject request can not be supported. A list of the major reasons
why we feel we cannot lend our support to this request follows:
a. Based on projected transportation and construction for the area,
any business would be stressing an already congested
intersection area which is planned for an even greater traffic
load.
b. This property Is already zoned R-25. If the zoning were to be
changed, then this density level would have to be relocated
somewhere else in the city.
C. Properties located at SW Scholls and SW North Dakota, and at new
Scholls and the proposed Murray extension, both barely outside
8 the Summercreek neighborhood, are presently zoned Commercial
Neighborhood. It is felt that these properties if developed as
zoned, would service the area adequately with no need for
further zoning of this type.
No other comments were received.
S. FIND119GS AND CONCIMSIONS
The relevant approval criteria in this case are Statewide planning Goals
1, 2, 9, and Goal 10 and City of Tigard Comprehensive Plan policies
1.1.2, 2.1.1, 5.1.4, 6.1.1, 6.6.1, 7.1.2, 7.6.2, 8.1.1, and the
locational criteria for Neighborhood Commercial designated areas in
Section 12.2.
The staff concludes that the proposal is consistent with the applicable
Statewide Goals based upon the following findings:
1. Goal 1 is met because the City has adopted and follows a citizen
involvement program which includes review of development applications
by the Neighborhood Planning Organization. In addition, all public
notice requirements ha,•e been met for the subject application.
STAFF RXPORT - CPA 89-08/ZC 89-08 - GROSS - PAGE 4
2. Goal 2 is satisfied because the Citv has applied all applicable
- Statewide Planning Goals, City Comprehensive Plan policies, and
Community Development Code requirements in review of the application.
3. Goal 9 is met because the proposal would increase the City's
developable commercial land base thereby increasing economic
opportunities within the City.
4. Goal 10
The Metropolitan Housing Rule (OAR 660, Division 7) requires that the
average density allowed for all developable residential land within
the City's original planning area be a minimum of ten dwelling units
per acre. The City's acknowledged plan in 1984 inventoried 1,311
acres of developable re=sidential lane] in the City and the estimated
housing opportunity index was 13,110 units. Since then, eight plan
amendments have been approved which in turn amended the inventory.
Therefore, the City's current inventory includes 1,290 developable
acres and a housing opportunity for 13,212 units (20.16 units per,
acre).
The subject proposal would reduce the amount of developable
residential land by approximately _' acres and the housing
opportunity index by 47 units. It isstaff's opinion that this
property may ultimately be unsuitable for residential development due
to its small size and its close proximity to three streets. This
situation would be partially alleviated with the proposed closure of
SW Schoils Ferry Road at this location. If any residential
development were to occur on this property, substantial measures
would need to be taken in order to buffer the residents from the
adjacent noise and vibration of the three roadways surrounding the
property. Consequently, if the property were to be developed abs R-25,
large building setbacks and buffer areas, on-site accessways,
preservation of the large evergreen trees and the provi.31on of
residential amenities such as a pool, carports and/or garages could
reduce the amount of developable land to less than 1.87 acres. As a
result, the housing opportunity index would likely be far less than
47 units.
Another Comprehensive Plan Amendment, CPA 89-07/zc e9-07, is being
considered simultaneously by the Planning Commission and has the
potential to add almost 125 dwelling units to the housing opportunity
Index. This change to the Comprehensive Plan would negate the
relatively small reduction in potential housing units pending with _
this application. Should the Commission rule favorably on both
applications, the City's housing opportunity index would not be
adversely affected.
The staff concludes that the proposal is consistent with the Comprehensive
Plan policies based upon the following findings:
STAFF RRPORT - CPA 89--08/2C 89-08 - GROSS - PAGE 5
1. Policy 1.1.2, implementation Strategy 2 is satisfied because the
policies of the comprehensive Plan are satisfied as described below and
because significant physical changes in the neighborhood, as evidenced
by the great amount of development in the area surrounding the subject
site, have occurred since the site's annexation. Implementation strategy
2 is also stated as Code Section 18.22.040.
2. Policy 2.1.1 is satiefIed because Neighborhood Planning Organization 7
and surrounding property owners were given notice of the hearing and an
opportunity to comment on the applicant's proposal.
3. Policy 5.1.4 is satisfied because the neighborhood commercial
designation would not result in substantial neigiaborhood commercial
encroachment into a residential neighborhood. The subject parcel is only
1.87 acres large and is already surrounded by residentially zoned land.
The encroachment of residentially zoned and developed properties to the
northeast, southeast and south can already be readily observed.
Immediately to the east of the subject site lie about 17 acres of
buildable land also zoned R-25. This land could not readily be developed
as C-N designated land because of the Code's two acre maximum size
requirement for -N parcels, which in turn would require a partitioning
of the large acreage into smaller parcels.
It is speculative but possible that the adjacent land to the east might
someday also be rezoned C-G (Commercial General). However, a joint
study conducted by the Cities of Beaverton and Tigard on the amount of
commercially zoned land within the SW Scholls Ferry corridor concluded
that there are ample amounts of commercially zoned land and leasable
space already available in the area. Encroachment or sprawl of existing
general commercial land to the east (Greenway Town Center) is not
possible because of the Summerlake residential development extends to
and abuts SW Scholls Ferry Road inbetween the center and the 17 acre
residential parcel and so any resulting future commercial o rip would
not be corr_iguous. From the standpoint of good land use planning, the
creation of intermittent, abutting commercial and residentially zoned
land along the corridor is not desirable.
4. Policy 6.1.1 is satisfied because the proposed redesignation is not
anticipated to affect rent levels or housing opportuni iec in Tigard.
Approval of the proposed amendment would not affect the developable
acreage of 1,290 acres and the housing opportunity will be decreased but
by a small amount. This proposal w"3- reduce the cIty's housing
opportunity by at most 25 units to 13,065 units (10.14 units per acre)
(see attached memorandum).
So much multi-family development had occurred within Tigard in the last
few years that removal of the opportunity to build a relatively small
number should not dramatically affect the rental housing costs in
Tigard. In 1988, the City Building Division issued building permits
citywide for the construction of 229 multi-family residential and 297
single family residential units. Through July, 1989, over 292 building
permits have been issued for multi-family housing units and 183 for
�'
STAFF REPORT - CPA B9-08/ZC 89-08 - GROSS - PAGE 6
single family residences. At the half-year mark, the City is already far
ahead of its total 1988 housing unit total. Therefore, the HetroHousing
Rule's minimum density requirement will continue to be met by the
ty
If the proposed amendment is approved.
5. Policy 6.6.1, which requires buffering between different land use types,
will be addressed in conjunction with a development application.
6. policies 7.1.2, 7.3.1, 7.4.4 and 7.6.1 have been satisfied because the
City Engineering Division will review all utility plans prior to their
installation to ensure that they are of adequate capacity, that they
meet City design standards, that any new structures will connect to city
sewer and that water service for fire rcoteetion is accessible.
7. Policy 8.1.1 is eatLefied because this property fronts SW 135th Avenue,
a minor collector street and resulting traffic will not be directed
through existing neighborhoods.
S. The applicable locational criteria for Neighborhood Commercial
development are satisfied for the following reasons%
a, Spacing and Location
The site size will meet the locational scale criteria of a maximum
two acre site for a Neighborhood Commercial zone. Commercial activity
will be limited to the southwestern quadrant of the intersection of
SW 135th Avenue and SW Scholls Ferry Road. All other intersections
will remain residential. On the northern side of SW Scholls Perry
Road, the City of Beaverton has designated these lands Multi-family
Residential and Single Family Residential to the northeast.
The City of Tigard Comprehensive plan contains a spacing requirement
for the spatial distribution of neighborhood commercial zoning
districts throughout the City. A requirement for a one-half mile
service area radius of a neighborhood commercial center is intended
to distribute C-N zoning districts throughout the City. Staff notes
that there are currently only three neighborhood commercial zones in
the city, one of which is situated along the proposed SW Xurray B1-rd.
extension, about a half mile to the southwest. Another neighborhood
commercial zone is located approximately 0.5 miles to the east on the
southeastern corner of SW North Dakota and SW Scholls Ferry Road. The
third C-M parcel is located about 3.5 miles to the southeast at. SW
Durham Road and Hall Blvd.
Good land use planning ideally provides for neighborhood commercial
zoning districts that are distributed throughout the city and which
are close to densely populated residential areas. The purpose of a C-
N zone is to provide pedestrian-oriented, small scale services to
residents of the immediate neighborhood. The addition of this
neighborhood commercial center could reduce automobile passenger
trips to other commercial areas for convenience goods and services,
STAFF RRPORT - CPA 89-08/2C 89-08 - GROSS - PAGE 7
reduce the duration of such trips and possibly reduce energy
Aff consumption.
b. Access
According to the City Engineering Division, th,7 State Highway
Division and the City of Beaverton, a commercial development at this
site would likely exacerbate traffic congestion already present in
the vicinity of old and new SW Scholls Ferry Roads. Future
development on the subject property will be allowed access only on SW
135th Avenue, a collector street, and will not cause traffic to
meander through local neighborhoods to get to the site. Additional
comments regarding access can be found in a discussion later in this
report concerning impact assessment.
c. Site characteristics
The site will have direct access from SW 135th Avenue, a minor
collector street, and indirectly from SW Scholls Ferry Road.
Development on this property will not direct traffic through local
neighborhoods to get to the site. The site has no development
limitations which would restrict commercial construction other than
the proximity of the three streets and the large evergreen trees.
d. Impact Assessment
The scale of the site will be commensurate with the surrounding
residential uses. The size of the parcel is within the maximum
allowed by the Code for properties to be designated as neighborhood
commercial. The configuration of the site and its relationship with
the street system is such that the adjacent residential land ta the
south can be buffered with landscaping and other screening,
specifically a combination of trees, shrubbery and possibly even a
fence. Unique features on the subject site primarily include its
trees, which can be protected by tree removal permits at the time of
development and which can be incorporated into the Site's
landscaping. Adjoining residential uses can be protected by off-site
Impacts by Careful City review of the placement of building
mechanical equipment and loading and parking areas. There are also no
adjoining non-residential uses which would be affected by any
associated glare, lights, noise and other commercial activities or
impacts generated from this site.
Four different commenting agencies have noted that the traffic
impacts of a commercial development at this site would be greater
'than that of a residential development. .;such uncertainty surrounds
the issue of long-term impacts caused by traffic because the much-
discuosed transportation improvements are still uncertain. It may be
that once these and other Area-wide improvements have been completed
and SW Scholls Ferry Road to the east of the site has been widened,
then any impacts caused by this proposal and subsequent development
STAFF REPORT - CPA 89-08/ZC 89-08 - tiROSS - PP-GLF 8
i
A
will negligibly affect the area. However, staff concludes that the
current congestion and safety encountered by motorists at peak
traffic hours on SW 5cholls Ferry Road should not be exacerbated by
additional motorists until transportation improvements are in place.
In conclusion, staff finds that the proposed Plan Amendment from High
Density Reeidenrial to Neighborhood Commercial and the proposed Zone
Change from R-25 to C-N for the subject 1.87 acre site are generally
consistent with all applicable Statewide Planning Goals, City of
Tigard Plan policies, and the locational criteria for Commercial
Neighborhood development. The City of Beaverton, Washington County,
the State Highway Division and staff all share concerns about the
short-term impacts of traffic in the area and access to and from the
property. The housing opportunity index may be slightly and
negatively afected by this proposal; yet approval of other
concurrent proposals by the Commission may outweigh a reduction in
the housing opportunity index resulting from this proposal. Future
construction plans for the SW scholls Ferry corridor, this
tuterer -tion and old and new SW Scholls Ferry Road are not final at
this time. Therefore, staff recommends that an approval of this
proposal be delayed until such time that the public improvements to
the area are completed and traffic impacts of any development on the
subject parcel can be adequately assessed.
C. TIO
To forward CPA 89-08/ZC 89-08 to the city Council with a recommendation
for denial based on the above findings and conclusions.
PREPARED BY: Deborah Stuart APPROVED BY: Elizabeth Newton
Assistant Planner Senior Planner
.. STAFF REPORT - CPA 89-238/ZC 89-08 - GROSS - PAGE 9 '.
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