ZON1993-00001 Decision - ARLINGTON RIDGE CITY OF TIGARD
Washington, County
NOTICE OF FINAL ORDER - BY PLANNING COMMISSION
1. Concerning Case Number(s): ZON 93 -0001
2. Name of Owner: Robert Ames
Name of Applicant: Bull Mountain Land Development Company
3. Address 16325 SW Boones Ferry Rd. City Lak Oswego State OR Zip 97035
4. Address of Property: North of "Ames Orchard" subidvision (northern
terminus of SW Hazelhill Drive), south and southwest of the intersection
of SW 121st Avenue and SW Gaarde Street
Tax Map and Lot No(s).: 2S1 1OBB, 600
5. Request: Zoning Map Change from R -1 (Residential 1 unit per acre,
30,000 sq. ft. minimum lot size for approximately 0.9 acres) and R -2
(Residential 2 units per acre, 20,000 sq. ft. minimum lot size) to R-
3.5 (Residential, 3.5 units per acre, 10,000 sq. ft. minimum lot size
for approximately 11.8 acres) APPLICABLE APPROVAL CRITERIA: Zoning Map
Change: Community Development Code Section 18.22.040; Code Chapter
18.48, Comprehensive Plan Policies 2.1.1, 6.1.1, 7.1.2, 7.3.1, 8.1.1,
and 12.1.1 (locational criteria for Low Density Residential zoning
districts); and evidence of a change in circumstances affecting the
property or evidence of a mistake in the current zoning designation.
i
Zone: R -2 (Residential, 2 units /acre) The R -2 zone allows single -
family detached residential units, public support facilities, farming,
manufactured homes, residential treatment homes, home occupations,
temporary uses, and accessory structures among other uses.
The R -3.5 zone (Residential, 3.5 units /acre) allows the same uses
outright with more conditional uses including cultural exhibits,
duplexes, cemeteries, hospitals and mobile home parks and subdivisions.
6. Action: X Approval as requested
Approval with conditions
Denial
7. Notice: Notice was published in the newspaper, posted at City Hall,
and mailed to:
X The applicant and owner(s)
X Owners of record within the required distance
X The affected Neighborhood Planning Organization
X Affected governmental agencies
8. Final Decision: THE DECISION SHALL BE FINAL ON April 21, 1993
UNLESS AN APPEAL IS FILED.
The adopted findings of fact, decision, and statement of conditions can
be obtained from the Planning Department, Tigard City Hall, 13125 SW
Hall, P.O. Box 23397, Tigard, Oregon 97223.
9. Appeal: Any party to the decision may appeal this decision in
accordance with 18.32.290(B) and Section 18.32.370 which provides that
a written appeal may be filed within 10 days after notice is given and
sent. The appeal may be submitted on City forms and must be accompanied
by the appeal fee ($315.00) and transcript costs, (varies up to a
maximum of $500.00).
The deadline for filing of an appeal is 3:30 p.m. April 21, 1993
10. puestions: If you have any questions, please call the City of Tigard
Planning Department, 639 -4171.
CITY OF TIGARD PLANNING COMMISSION
FINAL ORDER NO. 93 -07 PC
A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH CHANGES THE
ZONING OF A 12.68 ACRE PARCEL OF LAND LOCATED BETWEEN THE AMES
ORCHARD SUBDIVISION AND SW GAARDE STREET FROM R -1 (RESIDENTIAL, 1
UNIT /ACRE) AND R -2 (RESIDENTIAL, 2 UNITS /ACRE) TO R -3.5
(RESIDENTIAL, 3.5 UNITS /ACRE).
The Tigard Planning Commission has reviewed the applicant's
statement in support of the requested zone change, the Plannning
Division staff report, and the comments of reviewing agencies. In
addition, the Commission conducted a public hearing on April 5,
1993 for the purpose of receiving testimony on the proposed
rezoning and to allow the Commission to publicly deliberate on this
matter.
The Tigard Planning Commission concludes that the proposed Zoning
Map Change will promote the general welfare of the City and will
not be significantly detrimental nor injurious to surrounding land
uses, provided that development that occurs after this decision
complies with applicable local state and federal laws.
In recognition of the findings and conclusions contained in the
staff report and the comments of other affected agencies and public
comments received on this matter, the Planning Commission hereby
approves Zone Change ZON 93 -0003 for the subject property, Tax Lot
600 of WCTM 2S1 lOBB, to R -3.5 (Residential 3.5 units per acre).
The Commission adopts the attached staff report as findings in
support of the Commission's decision to approve the requested zone
change for tax lot 600 of WCTM 2S1 lOBB to R -3.5.
It is further ordered that the applicant be notified of the entry
of this order.
PASSED: This 7 day of April, 1993, by the Planning Commission
of the City of Tigard.
/_Z
Mi ton ' r ``'resident
Tigard •TIMM7ing Commission
AGENDA ITEM 5.1
STAFF REPORT TO THE PLANNING COMMISSION
HEARING DATE: April 5, 1993 - 7:30 P.M.
HEARING LOCATION: Tigard City Hall - Town Hall
13125 SW Hall Blvd.
Tigard, OR 97223
A. FACTS
1. General Information
CASE: Zone Change ZON 93 -0001
REQUEST: Zoning Map Change from R -1 (Residential 1 unit
per acre, 30,000 sq. ft. minimum lot size for
approximately 0.9 acres) and R -2 (Residential
2 units per acre, 20,000 sq. ft. minimum lot
size) to R -3.5 (Residential, 3.5 units per
acre, 10,000 sq. ft. minimum lot size for
approximately 11.8 acres)
APPLICANT: Robert Ames AGENT:Alpha Engineering
(c /o Mark Rockwell) (Mark Dane)
16325 SW Boones Ferry 9600 SW Oak
Lake Oswego, OR 97035 Tigard, OR 97223
OWNER: Robert Ames
LOCATION: South of the intersection of SW 121st Avenue
and SW Gaarde Street, north of the Ames Orchard
subdivision.
PROPERTY DESCRIPTION: WCTM 2S1 10BB, Tax lot 600
STAFF RECOMMENDATION: Approval of the rezoning request.
2. Background Information
Apparently, this site was included as a part of the
original development plan for the Ames Orchard
subdivision (a.k.a., Hazeltree Hill) that was reviewed
and approved by the Washington County Planning Commission
in December, 1976. Only the first phase of that
subdivision was built - Ames Orchard I. The area that is
subject to the current application was to include 14 lots
averaging 35,000 sq. ft. in size. The County's approval
for this second phase apparently expired.
STAFF REPORT - ZON 93 -01 (AMES) - PAGE 1
The subject site and several neighboring properties on
the northern slope (including Ames Orchard I) of Bull
Mountain were annexed to the City of Tigard in 1978.
Robert Ames subsequently submitted three separate
applications for the subject site in order to develop a
14 lot subdivision on this site. The City Council
approved a zone change application to apply the City's
former R -30 zoning (30,000 sq. ft. minimum lot size)
subject to certain conditions which were to apply to
subsequent development of the site (see Ordinance No. 79-
13 for application ZC 28 -78, attached).
Mr. Ames also requested subdivision approval to create a
14 lot subdivision on the subject parcel (File S 12 -78).
Significant discussion occurred between the applicant and
several government agencies before a revised subdivision
preliminary plat was sent to the Planning Commission for
review in March, 1979. The Commission approved a
preliminary `plat that included an extension of SW
Hazelhill Drive into a collector street segment angling
across the site (see attached preliminary plat for Ames
Orchard No. 2 by David Evans and Associates). That
collector street was at that time called the 135th
Extension. The 135th Extension plan has changed over
time and has now been replaced with what is commonly
being referred to as the Gaarde- Walnut connector, -among
• other names. The 1979 subdivision approval also included
conditions of approval requiring right -of -way dedication
and street improvements to the segment of SW Gaarde
Street which abuts the site. A third application was
made to allow the approved extension of SW Hazelhill
Drive to vary from City road improvement standards so as
to match with the improvements in Ames Orchard I (File V
3 -79). That variance request was also approved by the
Planning Commission. The Subdivision and Variance
approvals were never acted upon and have subsequently
become invalid approvals.
Staff was unable to locate records of a land use action
affecting only this site to rezone the property from the
R -30 zoning applied in 1979 to the current R -1 and R -2
zoning. the City made substantial changes to the
Comprehensive Plan, Zoning Map and Community Development
Code in the early 1980s in response to the mandates of
the Oregon statewide planning laws. It is probable that
the zoning of this property was intensified to R -2 during
that process as major legislative changes were made to
the Plan and its implementing ordinances.
STAFF REPORT - ZON 93 -01 (AMES) - PAGE 2
3. Vicinity Information
The site and surrounding properties are all designated
Low Density Residential by the Tigard Comprehensive Plan.
Properties to the east and northeast are under the
jurisdiction of Washington County, but are within the
City's planning area.
Adjacent properties to the north and west are zoned R -4.5
(Residential, 4.5 units per acre). Properties to the
west are developed with single family residences on
parcels ranging in size from approximately 0.5 to 6.8
acres. An approximately 1500 to 1600 foot long private
dead -end road which extends northward from SW Bull
Mountain Road currently serves seven residences on these
parcels to the west. The property to the north of the
site has recently been approved for development of a 64
lot subdivision (SUB 92- 0005/Vista Point Subdivision).
This subdivision would include a westward extension of SW
Gaarde Street. SW Gaarde Street would abut the northern
- property line of the subject Ames property. Lots within
this subdivision on the north side of SW Gaarde Street
near the subject Ames property will average approximately
8,500 square feet in size.
Properties to the south of the Ames property are zoned
R -1 (Residential, one unit per acre) and contain 23
single family residences within the Ames Orchard I
subdivision. Lots within this subdivision range from
approximately 0.5 to 1 acre in size. This subdivision
was approved by Washington County in 1976 but was annexed
to the City of Tigard while the subdivision was under
construction. SW Hazelhill Drive extends through Ames
Orchard and is stubbed into the southern boundary of the
subject site.
The fully developed Shadow Hills subdivision is located
to the southeast of the subject site and west of Ames
Orchard subdivision. Shadow Hills is zoned R -2
(Residential, two units per acre Shadow Hills is
served by a loop road off of SW Bull Mountain Road.
Properties to the east of the subject site range in size
from 0.5 to 2 acres in size and contain single family
residences, filbert orchards, and a water tank.
Properties to the northeast in the Colonial View
subdivision range in size from approximately 14,000
square feet to 40,000 square feet and are developed with
single family residences.
STAFF REPORT - ZON 93 -01 (AMES) - PAGE 3
The subject site has approximately 900 feet of frontage
on SW Gaarde Street. SW Gaarde Street is functionally
classified as a major collector street by the City's
Transportation Plan Map. SW Gaarde Street, east of its
intersection with SW 121st Avenue, has approximately 24
feet of pavement, ditches, no sidewalk, and a few
streetlights. The preliminary plat approval for the
Vista Point subdivision required the developer to improve
a westward extension of SW Gaarde Street with 40 -44 feet
of pavement, curbs, storm drains, streetlights, and a
sidewalk along both sides of the street, including along
the SW Gaarde Street frontage of the Ames property.
4. Site Information and Proposal Description
The subject property consists of one parcel of 12.68
acres. The site contains a filbert orchard with no
other development. The site slopes towards the north and
northeast.
The applicant requests a Zoning Map Change from R -1
(Residential 1 unit per acre, 30,000 sq. ft. minimum lot
size) and R -2 (Residential 2 units per acre, 20,000 sq.
ft. minimum lot size) to R -3.5 (Residential, 3.5 units
per acre, 10,000 sq. ft. minimum lot size ).
The Zoning Map Change application was submitted as a part
of an application with a proposal to develop the subject
site as a subdivision (SUB 93- 0002). Code Section
18.32.110.A permits consolidation of applications
whenever an applicant is requesting more than one
approval and more than one approval authority is
involved. The applicant has requested a Zoning Map
Change which is under the jurisdiction of the Planning
Commission. The applicant has also filed a Subdivision
request. Subdivisions are typically reviewed by the
Hearings Officer. Therefore the applicant was allowed to
join the applications so as to avoid having different
hearings authorities decide the related applications.
Nevertheless Code Section 18.32.100.D.3 states that
separate actions shall be taken on each application.
Because of this directive, the applications will be
separated into two separate hearing items to be heard at
one Planning Commission meeting.
The applicant has submitted a narrative report dated
March 10, 1993 in support of the applications. The
narrative describes both the zone change and subdivision
applications separately - almost. Staff urges the
Commission to remember to consider the applications
STAFF REPORT - ZON 93 -01 (AMES) - PAGE 4
separately when reading the narrative and understand that
the current subdivision proposal is not necessarily what
may result if the zone change is approved. For that
reason, staff urges the Commission to look at the full
potential for development of the site if rezoned - not
just what is currently proposed.
5. Agency and NPO Comments
Staff has reviewed the comments received from reviewing
agencies. Comments focus only on the subdivision
development proposal rather than the Zoning Map change
proposal. The only comment that is related to the
rezoning proposal's potential effect on service and
utility capacities is the comment submitted by Tigard
School District 23J. The School District's comments are
attached as an appendix to this report.
B. FINDINGS AND CONCLUSIONS
APPROVAL STANDARDS FOR A ZONING MAP CHANGE
Community Development Code Chapter 18.22 provides standards and
procedures for the review of proposals to amend the zoning
district map. This Chapter recognizes that amendments may be
necessary from time to time to reflect changing community
conditions, needs and desires, to correct mistakes or to
address changes in applicable laws. Section 18.22.030.A.2
assigns responsibility for zone changes not involving a
Comprehensive Plan amendment to the Planning Commission.
Section 18.22.040.A provides standards for the approval or
denial of a request for a quasi- judicial map amendment. The
standards are:
1. The applicable Comprehensive Plan Policies and Map
designation and; the change will not adversely affect the
health, safety and welfare of the community.
2. The statewide planning goal adopted under Oregon Revised
Statutes Chapter 197, until acknowledgement 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 Plan or
STAFF REPORT - ZON 93 -01 (AMES) - PAGE 5
zoning map as it relates to the property which is the
subject of the development application.
Staff finds that the applicable criteria in this case are
Tigard Comprehensive Plan policies 2.1.1, 3.1.1, 6.1.1, 6.3.1,
7.1.2, 7.2.1, 7.5.1, 7.6.1, 7.8.1, 8.1.1, and Chapter 12,
Locational Criteria; and the change or mistake quasi- judicial
map amendment criteria. In addition, the proposal must be
shown to not create inconsistencies with the standards of the
proposed R -3.5 (Community Development Code Chapter 18.48)
zoning district upon rezoning of the property. Since the
Tigard Comprehensive Plan has been acknowledged by the Oregon
Land Conservation and Development Commission, it is no longer
necessary to address the statewide planning goals for a zoning
map change that does not affect the Comprehensive Plan.
CONSISTENCY WITH PLAN POLICIES
The Planning staff has determined that the proposal is
consistent with applicable portions of the Comprehensive Plan
based upon the findings noted below:
1. Plan Policy 2.1.1 is satisfied because opportunity has
been provided for citizen involvement in the review of
this proposed Zone Change. Neighborhood Planning
Organization #3 and Washington County Community Planning
Organization CPO #4B were given notice of the proposal.
Neighboring property owners within 250 feet of the site
have been provided with notice of the Planning Commission
hearing consistent with the requirements of Community
Development Code Section 18.32.130. Notice of the
upcoming hearing was also advertised in the Tigard Times
newspaper's legal notice section. In addition, the
applicants as well as City staff have separately met with
neighbors of the site to consider concerns relative to
the proposal in advance of the public hearing and the NPO
and CPO meetings. Therefore, these efforts clearly
demonstrate that there has been a substantial opportunity
for affected citizens to review and comment on the
proposal consistent with this Plan policy.
2. Plan Policy 3.1.1 is satisfied because there is no
evidence of severe development limitations on this site
such as wetlands, severely steep slopes, earth movement,
or weak soils. Even if there were evidence of such
limitations, the proposed Zone Change would not appear to
conflict with the purposes of this Plan policy since the
proposed zone would not change the types of uses or
significantly affect the sizes of structures as compared
STAFF REPORT - ZON 93 -01 (AMES) - PAGE 6
to what is permitted by the present zone in ways that
would be affected by these limitations.
3. Plan Policy 6.1.1 is satisfied because the proposal would
provide the opportunity for additional residential
development, thereby slightly increasing the net housing
opportunity on buildable lands in the City. Under the
current R -1 and R -2 zoning districts, there would be an
opportunity for 24 dwelling units on the site. Under the
proposed R -3.5 zoning district, there would be an
opportunity for 44 dwelling units on the site. The
proposal would therefore provide for an additional 20
dwelling units within the City and slightly improving the
City's cushion above the minimum 10 dwelling units per
acre standard required by the Metropolitan Housing Rule
(Oregon Administrative Rules Chapter 660 Division 7).
Because the requested R -3.5 zoning district conditionally
permits duplexes as well as manufactured home parks and
subdivisions as conditional uses whereas the current R -1
and R -2 zones applied to the site do not, the proposal is
found to provide for a greater variety of residential
types and presumably costs than is presently permitted.
Therefore, the request is found to be further consistent
with this Plan policy. Staff points out, however, that
these additional housing types conditionally permitted by
the R -3.5 zoning district would appear to be unlikely
development on this site.
Other than the above noted differences in listed
conditional uses, the R -1, R -2 and R -3.5 zoning districts
permit identical types of residential uses.
4. Plan Policy 6.3.1 would be satisfied because the proposed
Zone Change would not allow uses or densities not
presently permitted in surrounding area and would
therefore maintain the character of this area. Permitted
uses in both the currently applied R -1 and R -2 and the
proposed R -3.5 zones are identical, but the conditionally
permitted uses in the R -3.5 zone are somewhat more
extensive. Conditional uses in the R -3.5 zone include
duplexes, mobile home parks and subdivisions, libraries
hospitals, and cemeteries.
In addition, dimensional standards of the three zones are
not significantly different so that the proposed Zone Map
Change would not appear to greatly affect residential
character in the area due to dimensional requirements.
The existing R -1 and R -2 zoning designation and the
proposed R -3.5 zoning designation allow a maximum
building height of 30 feet. The current R -1 and R -2
STAFF REPORT - ZON 93 -01 (AMES) - PAGE 7
zones require a 30 foot front yard setback, 25 foot rear
yard setback, and a 100 foot average minimum lot width.
The requested R -3.5 zone requires a minimum 20 foot front
yard setback, 15 foot rear yard setback, and a 65 foot
average minimum lot width.
5. Plan Policies 7.1.2, 7.5.1, and 7.6.1 are satisfied
because adequate public utility (water, storm drainage
and sanitary sewers) and service (police, fire
protection, other private utilities) capacities are
available to serve potential increased development on the
properties. Public utility and service providing
agencies were provided with requests for comments on the
combined zone change and subdivision proposal. Although
some of these agencies raised concerns with the proposed
development plan, none raised concerns with their ability
to provide necessary utilities or services to the site
relative to the increased residential opportunities that
would be permitted by the Zoning Map Change request.
6. Plan Policy 7.8.1 is satisfied because the Tigard School
District was informed of this proposal and therefore has
been provided with the opportunity to comment on the
proposal's effects on the school system. Notification
provides the School District with an opportunity to plan
for the potential effects of future residential growth
within the District. The School District has not
specifically commented that the proposed increase in
housing opportunities resulting from the proposed Zone
Map Change would cause exceeded capacities in the
District's schools, but instead the District has provided
the standard residential impact statement assessing the
impacts of the associated subdivision proposal.
Notification of proposed land use or development
applications is all that Policy 7.8.1 requires - not a
finding of adequate school capacity.
7. Plan Policy 8.1.1 commits the City to plan for a safe and
efficient street and roadway system that meets current
needs and anticipated future development. This policy is
satisfied because the proposed Zoning Map Change would
not be anticipated to cause significant overloading or
unsafe conditions on streets serving future development
of the site due solely to increased numbers of
residential dwelling units that would be permitted by the
Zoning Map Change. The future road development pattern
related to development of this site may, however, have
involve significant questions related to safety and
traffic levels on nearby streets.
STAFF REPORT - ZON 93 -01 (AMES) - PAGE 8
Based upon generally accepted traffic generation
estimates for single family residences (the primary
intended use of both the current and proposed zoning
districts), an average of 10. daily vehicle trips (ADT)
would be anticipated to be generated from each residence.
Under the current residential opportunity for 24 dwelling
units in the R -2 zone, a total of 240 ADT would be
anticipated. Under the proposed residential opportunity
for 44 dwelling units in the R -3.5 zone, a total of 440
ADT would be anticipated. While this potential increase
in anticipated ADT certainly could result in noticeable
additional traffic in the eyes of neighbors of the site,
this additional traffic would not be anticipated to
result in overloading of adjacent streets, although both
the additional trips as well as the numbers of residences
may have a bearing upon decisions regarding future road
development patterns in this area as well as increased
needs for road improvements. The Planning Commission or
Hearings Officer will--review any future development
proposal for the property and may require improvements to
affected public streets to reduce impacts resulting from
future development of the site.
8. Policy 12.1.1 states that the City shall provide for
housing densities in accordance with: a) the applicable
Plan policies; b) the applicable locational criteria;
and c) the applicable Community Development Code
provisions. Applicable Plan policies are addressed
above. Applicable Code provisions will be discussed
below in the discussion of basic standards of the R -3.5
zoning district. Locational criteria are specified at
Chapter 12 for Low Density Residential use at Policy
12.1.1.1 A and B (Volume II, page II -78).
The Low Density Residential locational criteria are split
into two groups. The first group are criteria to be
considered in designating an area as Low Density
Residential on the Comprehensive Plan Map. The subject
site is already designated Low Density Residential on the
Plan Map and therefore these criteria technically need
not be addressed. The applicant has nevertheless
addressed these individual criteria. Staff finds that it
is good to revisit these criteria at this time to
reaffirm the existing Low Density Plan designation as
applied to this site - although it should be emphasized
that these are not approval standards for the current
request. The current Low Density Residential Plan
designation is consistent with these locational criteria
for the following reasons:
STAFF REPORT - ZON 93 -01 (AMES) - PAGE 9
a. The subject property and surrounding area are
already committed to low density development. The
Plan designation therefore is consistent with this
criterion;
b. SW Gaarde Street and SW 121st Avenue, both collector
streets, are located adjacent to the site. The
site also abuts a stub of SW Hazelhill Drive, a
local street which provides a connection to SW Bull
Mountain Road. No arterial streets are within one
half mile of the site. Therefore, the general area
of the site is situated "... where street facilities
are limited to collectors and local streets"
consistent with this criterion;
c. Serious development limitations •affecting the
property and general area, such as steep slopes or
poor drainage are not evident from the development
limitations inventory of Volume I of the
Comprehensive Plan, the National Wetlands Inventory
maps, or the 1990 wetlands inventory for the City of
Tigard prepared by SRI, Inc. The Plan designation
therefore is consistent with this criterion;
= 1
d. Essential public facilities (sewer, water, storm
drainage, and schools) and services (police, fire, 1
and health) are present to serve this area
consistent with this criterion.
The second group of locational criteria are to be
considered in determining zoning and therefore allowed
density within the larger Low Density Residential Plan
designation.
a. The subject site is currently undeveloped and
therefore is not committed to a certain lot size to
reflect an existing development pattern;
b. Essential public facilities (sewer, water, storm
drainage) and services (police, fire, and health)
are present to serve this site as addressed in
response to Plan policies 7.1.2, 7.5.1, and 7.6.1
above.
This locational standard also lists schools as a
facility whose limits on capacity are to be
considered. The City of Tigard recognizes the
funding and classroom size issues affecting Tigard
School District 23J, as well as many other school
districts throughout the state. However, the school
impact statement provided by Tigard School District
STAFF REPORT - ZON 93 -01 (AMES) - PAGE 10
23J does not demonstrate that adjusted school
capacities (which include actual enrollments and
potential enrollments from other proposed
developments as well as the subject proposal) would
exceed the design capacity of the schools serving
this site, with the exception of Tigard High School.
The third sheet provided by the School District,
however, indicates that Tualatin High School
currently is at less than its capacity by 481
students. With this sort of documentation provided
by the School District, the City has to conclude
that school capacity exists within the District,
even if there may be a need to further shift school
boundaries. Based on this information, it appears
that the proposed Zoning Map Change would not cause
capacities for schools serving the site to be
exceeded.
Essential public facilities (sewer, water, storm
drainage, and schools) and services (police, fire,
and health) therefore are found to have adequate
capacities to serve the limited additional demand on
those facilities that the requested rezoning would
be anticipated to produce. The request is therefore
consistent with this criterion.
• c. Public transit is not available in the vicinity of
the site, although it is not unimaginable that
transit service may someday be available on SW 121st
Avenue and SW Gaarde Street adjacent to the site.
For this reason, the slight increase in density that
is requested may actually be supportive of getting
transit service to this area.
d. The fourth criterion states that areas within close
proximity of jobs, commercial areas and public
facilities should be zoned for smaller lots. The
subject property is located greater than two - thirds
of a mile from commercial areas, employment centers,
and other services located along SW Pacific Highway.
Therefore, this site should clearly not be zoned
with the R -4.5 zoning district which is the most
intensive of the four zoning districts which
implement the Low Density plan designation, yet this
criterion really does not provide any direction with
which to determine whether the R -1, R -2 or R -3.5
zoning districts should apply to areas removed from
such facilities. Considering the zoning pattern
elsewhere in this area and throughout the City, it
is probably reasonable to apply the R -3.5 zone to
this site with respect to this criterion.
STAFF REPORT - ZON 93 -01 (AMES) - PAGE 11
.r- CHANGE OR MISTAKE
In order to approve a quasi - judicial amendment to the
zoning map, the City must also find that there is
evidence of a change in the neighborhood or community
which affects the subject parcel. Alternatively, the
City must find that there has been a mistake or
inconsistency made in the original designation of the
parcel ( Community Development Code Section
18.22.040(A)).
The applicant (in addressing locational criterion B1
PP ( � g )
asserts that a change in circumstances has occurred in
the area immediately surrounding the site as well as in
the general Bull Mountain area since this site was
designated with the R -1 and R -2 zoning districts. The
applicant has attempted to report the history of
development and zoning of the neighboring area. However,
like too many areas along the city boundaries, the
history of this area is not easy to fully discern due to
incomplete records. It is clear that prior to annexation
of any of the area to the city, the surrounding areas
were designated by the Washington County for either low
density or intermediate urban designations. Upon =
annexation in 1978, the City Council assigned City of -
Tigard Plan and zoning designations to properties that V'
were most similar to the prior County designations. This
resulted in Ames Orchard I receiving the City's R -1
designation and Shadow Hills and the subject site
receiving the R -2 designation. Adoption of the County's
Bull Mountain Community Plan for the unincorporated
"urban area" in 1983, resulted in areas further to the
west being upzoned with densities averaging 5 units per
acre. It is not clear to staff whether the similar
zoning which applies to the properties to the east of the
subject site was applied at this same time as the
applicant states since these properties are not included
within the Bull Mountain Community Plan. The applicant
asserts that these changes affect the site in ways that
justify the requested upzoning to R -3.5. Staff concurs
with this finding, mildly.
Staff does not find that the above described changes in
zoning of neighboring properties alone justifies the
request. Staff finds that the recent approval of the
proposed Vista Point subdivision and SW Gaarde Street
extension alignment directly to the north of the subject
site provides the additional evidence of change necessary
to justify the finding of changed circumstances
supporting the requested zone change. These actions will
place a greater density development immediately to the
STAFF REPORT - ZON 93 -01 (AMES) - PAGE 12