Ordinance No. 16-17 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 2016- 17
AN ORDINANCE ADOPTING THE COMPREHENSIVE PLAN AMENDMENT (CPA2016-
00001) TO AMEND THE COMPREHENSIVE PLAN MAP AND ZONING FROM R-4.5 LOW
DENSITY RESIDENTIAL TO R-7 MEDIUM DENSITY RESIDENTIAL FOR THREE
PARCELS ON SW 113T'i AVENUE.
WHEREAS, Tigard Municipal Code 18.320.020.0 allows an applicant to request concurrently with the
annexation a comprehensive plan map and/or zoning map designation other than the designation
automatically assigned; and
WHEREAS, Tigard Municipal Code Section 18.380.020 requires quasi-judicial amendments to be
undertaken by means of a Type 11I-PC procedure as governed by section 18.390.050; and
WHEREAS, the applicant has requested to modify the comprehensive plan map designation and
zoning from R-4.5 low density residential to R-7 medium density residential; and
WHEREAS, the Tigard Planning Commission held public hearings which were noticed in accordance
with city standards, on June 20, 2016 and July 18, 2016 and recommended approval of the proposed
amendment CPA2016-00001 by motion of 7 to 1 in favor; and
WHEREAS, the City Council held a public hearing, which was noticed in accordance with city
standards, on August 9, 2016 to consider the Commission's recommendation on the amendment; and
WHEREAS, Council's decision to approve CPA2016-00001/ZCA2016-00001 and adopt this
ordinance was based on the findings and conclusions found in Exhibit "B" and the associated land
use record which is incorporated herein by reference and is contained in land use file CPA2016-
00001/ZCA2016-00001.
NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The Tigard City Council hereby amends the Tigard Comprehensive Plan Map to
change the Comprehensive Plan Designations and Zoning Districts as shown in
Exhibit "A".
SECTION 2: The Tigard City Council adopts the findings and conclusions contained in Exhibit
"B" in support of the Council's action and basis for approving the ordinance.
PASSED: By Wf 7.4 l MllGt--I► vote of all Council members present after being read by number
and title only, this fes- day of 14414 4l/0' , 2016.
Carol Krager, City Recorde
ORDINANCE No. 16- 1
Page 1
APPROVED: By Tigard City Council this fi, day of 4 tfo u&-t' 22016.
Approved as to form: John Cook,Mayor
City Attorney
Date `1
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ORDINANCE No. 16-17
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PLANNING COMMISSION RECOMMENDATION
TO CITY COUNCIL
FOR THE CITY OF TIGARD, OREGON is
120 DAYS = N/A
SECTION I. APPLICATION SUMMARY
FILE NO.: Comprehensive Plan Amendment(CPA) 2016-00001
Annexation(ZCA) 2016-00001
FILE TITLE: 113th Avenue Comprehensive Plan Amendment and Annexation
APPLICANTS Vicki Craig Alexander&Theresa Scott
& PROPERTY 16325 SW 113t1i Ave. 16380 SW 113th Ave.
OWNERS: Tigard, OR 97224 Tigard, OR 97224
Timothy Meskel
16285 SW 113th Ave.
Tigard, OR 97224
APPLICANT'S Emerio Design
REP: Annemarie Skinner
8285 SW Nimbus Ave., Suite 180
Beaverton, OR 97008
REQUEST: The proposal is to annex three parcels and adjacent right-of-way (approximately 7.5
acres) located on SW 113th Avenue south of SW Durham Road into the City of Tigard.
The site's current Washington County zoning is R-5, which when annexed
automatically becomes City of Tigard R-4.5 zoning. The applicant is also requesting to
amend the comprehensive plan map designation and zoning for the three parcels from
Low Density Residential (R-4.5 zoning) to Medium Density Residential (R-7 zoning).
LOCATION: 16285/16325/16380 SW 113th Ave.;
WCTM and Tax Lots 2S115AB01500,2S115AB01400,and 2S115AB00500
COMP PLAN
DESIGNATION/
ZONING
DISTRICT: Existing Washington Co. Zoning: R5: Min. four units per acre/max. five units per acre
Converted City of Tigard Zoning: Low Density Residential (R-4.5)
Proposed City of Tigard Zoning: Medium Density Residential (R-7)
PLANNING COMMISSION R1'COMM]''NDATION TO C11-1'COUNCIL.
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APPLICABLE Community Development Code Chapters: 18.320, 18.380, 18.390;
REVIEW Comprehensive Plan Goals 1, 2, 10, 11 and 14; Oregon Revised Statutes
CRITERIA: Chapter 222; Statewide Planning Goals 1, 2, 10, 11 and 14; and Metro Code
Chapter 3.09
SECTION II PLANNING COMMISSION RECOMMENDATION
[!Ihe Planning Co 'otrunends at th` opt by ormprehensive Plan Map Amendment and Annexation,as determined through the public hearing process.
SECTION III BACKGROUND INFORMATION
Site &Vicinity Description
The site (approximately 7.5 acres) is made up of three parcels on the east and west sides of SW 113th
Avenue about 700 feet south of SW Durham Road. The proposed annexation area also includes the
adjacent SW 113th Avenue right-of-way. Each parcel is developed with a single-family home, which are
served by septic and City of Tigard water. The site contains sensitive areas (drainageway and vegetated
corridor).
Due to the area's proximity to Durham Road and Pacific Highway, it has a variety of zoning designations
and development types. Properties to the north are generally within the City of Tigard with the exception of
tax lot 300, which is within unincorporated Washington County. This parcel is zoned Washington County
R24 (residential, 19 units/acre min. density, 24 units/acre max. density) and developed with an apartment
complex, approved by Washington County in May 2014. Other properties to the north are zoned City of
Tigard C-G (General Commercial) and R-25 (Medium High Residential). These sites are developed with
apartments and commercial buildings. Other zones in the area include Washington County R5 and R9 to
the south and City of Tigard R-4.5 and R-2. Uses include single-family homes on lots of varying sizes and a
mobile home park.
Access to the subject site and homes to the south is via SW 113th Avenue from SW Durham Road; there are
no other connections to streets in the area. The public right-of-way for 113th extends approximately 500 feet
south of the subject site before becoming a shared private access drive for homes close to the Tualatin
River.
Proposal Description
The proposal is to annex three parcels and adjacent right-of-way (approximately 7.5 acres) located on SW
113th Avenue south of SW Durham Road into the City of Tigard. The site's current Washington County
zoning is R-5, which when annexed automatically becomes City of Tigard R-4.5 zoning. The applicant is
also requesting to amend the comprehensive plan map designation and zoning for the three parcels from
Low Density Residential (R-4.5 zoning) to Medium Density Residential (R-7 zoning).
Planning Commission Recommendation
On June 20, 2016 and July 18, 2016 the Tigard Planning Commission held public hearings to consider the
proposal and make a recommendation to Council. At the June 20th hearing staff presented the staff report
and recommended approval of the proposal. The applicant's representative presented the proposal and
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CPA 2016-00001/ZCA2016-00001 113th Avenue Comprehensive Plan Amendment/Annexation PAGE 2 OF 18
testimony was given by both opponents and proponents of the proposal. Due to a late arriving petition
from neighboring property owners opposing the changes to the Comprehensive Plan designation and
zoning, the applicant's representative requested a continuance. The public hearing was held open and
continued to a time certain Quly 18,2016).
At the July 18th hearing, staff introduced written documentation received from the applicant public
comments into the record. The applicant was given time to speak and additional public testimony was
received. Written comments and public testimony are discussed in greater detail in Section VIII of this
report and in the minutes of the hearing. All testimony was considered by the Planning Commission as part
of their deliberations. At the conclusion of their deliberations, the Planning Commission voted 7 to 1 in
favor of a motion recommending City Council adopt the proposed amendment and annexation.
SECTION IV. REVIEW PROCESS
This section outlines the application review process. The proposal includes an annexation and a
comprehensive plan amendment/zone change. Section 18.320 of the Tigard Community Development
Code (TCDC) states that annexations shall be processed by means of a Type IV procedure, which is a
public hearing before the Tigard City Council.
Because the request also includes amending the zoning and comprehensive plan map designation for three
specific sites, it is considered a quasi-judicial amendment. According to TCDC 18.380.030.A, zone changes
that include a comprehensive plan map amendment shall be processed by a Type III-PC procedure. The
Tigard Planning Commission shall make a recommendation to the Council, and the council shall decide the
applications.
This application will be decided by Tigard Planning Commission making a recommendation to the Council
using the review criteria outlined in the following sections of the Tigard Community Development Code:
18.320 Annexations
18.380 Zoning and Map Amendments
18.390 Decision Making Procedures (section 18.390.060.G)
SECTION V. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS
This section contains all the applicable city, state and metro policies, provisions, and criteria that apply to
the proposed comprehensive plan map amendment and annexation. Each section is addressed
demonstrating how each requirement is met.
Tigard Community Development Code(Title 18)
Chapter 18.320: Annexations
18.320.B.Approval Criteria. The decision to approve, approve with modification, or deny an
application to annex property to the city shall be based on the following criteria:
1. All services and facilities are available to the area and have sufficient capacity to provide service
for the proposed annexation area; and
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The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the purposes
of the Comprehensive Plan,public facilities and services refer to stormwater management,water supply and
distribution, wastewater management, community facilities, and private utilities. In addition the
Comprehensive Plan Glossary includes public safety, parks, and transportation. All services are available to
the proposed annexation site and have adequate capacity to serve existing and future development.
Water — City of Tigard/Tigard Water District. The property lies within the Tigard Water Service Area.
The existing homes are served by city water. There are existing water lines in SW 113th Avenue, adjacent to
the site. There is adequate capacity to serve future homes.
Sewer— City of Tigard. The existing homes utilize septic tanks. Homes in the future subdivision will be
served by extension of the existing public line east of the subject site. Based on comments from the City of
Tigard Public Works Department — Engineering Division, sewer is available in the area and there is
adequate capacity to serve the future homes. However, the applicant should note that the existing
topography may make it difficult to adequately serve the area west of the deep ravine.
Stormwater — City of Tigard. Stormwater from the future development will be directed to an on-site
facility before being released into the on-site creeks. Treatment and detention will be required in
accordance with Clean Water Services standards. Detention will control the amount and flow rate of water
into the creeks.
Streets — City of Tigard Engineering Division. The subject property is currently served by a public street
(SW 113th Avenue). New public streets extending from 113th will be constructed as part of the
development to serve future homes. Street improvements along the site's 113th Avenue frontage are also
required for development. The properties are within the Washington County Urban Road Maintenance
District and will be removed from the district upon annexation.
Police — City of Tigard Police Department. Police services are currently provided by the Washington
County Sheriff. If approved, the property will be withdrawn from the Enhanced Sheriffs Patrol District.
Jim Wolf of the Tigard Police Department has reviewed the proposed annexation and has no objections.
Fire — Tualatin Valley Fire and Rescue. The subject property is in Tualatin Valley Fire and Rescue's
(fVF&R's) service area. The TVF&R District currently provides services to site, which will not change
following annexation. The Fire District has personnel and equipment in the area that can respond to an
emergency incident and implement such actions as may be necessary for fire and/or rescue operations.
Parks—City of Tigard. The annexation and development of this property will not adversely impact the
city's ability or capacity to provide parks. System Development Charges for Parks will be collected for any
future homes constructed on the site.
FINDING: Based upon this review, staff finds that all public services and facilities (as defined by the
Comprehensive Plan) are available to the proposed annexation territory and have sufficient capacity to
provide service. The proposed annexation will not reduce the level of services within the City of Tigard.
This criterion is met.
2. The applicable comprehensive plan policies and implementing ordinance provisions have been
satisfied.
FINDING: The applicable comprehensive plan policies and implementing provisions have been satisfied
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as shown later in this report.
Chapter 18.380 Zoning Map and Text Amendments
Chapter 18.380.030.B. Standards for making quasi-judicial decisions. 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 Demonstration of compliance with all applicable comprehensive plan policies and map
designations;
2. Demonstration of compliance with all applicable standards of any provision of this code or
other applicable implementing ordinance; and
FINDING: The applicable comprehensive plan policies/map designations, code provisions, and
implementing provisions have been satisfied as shown later in this report.
3. 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.
The applicant submits there is a definite inconsistency between the property's current Washington County
R5 zoning designation and the City of Tigard's map designation of R-4.5. In Washington County's R5
zone, the minimum lot size is 5,500 square feet whereas in the City of Tigard's R-4.5 zone, the minimum
lot size is a much larger 7,500 square feet. If the property were to stay in Washington County and develop
under Washington County guidelines, the maxunum number of lots allowed is 37. Even with the
proposed map change to R-7, the maximum number of lots allowed by the City of Tigard's R-7 zone for
this property is only 33 which is less than what the County's guidelines would allow. Under the City of
Tigard's R-4.5 zone, the maximum number of lots allowed is 22. The applicant states that the City's R-7
zone is much more consistent with the County's R5 zone.
Chapter 18.390: Decision-Making Procedures
Chapter 18.390.060.G. Decision-making considerations. The recommendation by the Commission
and the decision by the Council shall be based on consideration of the following factors:
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes
Chapter 197;
2. Any federal or state statutes or regulations found applicable;
3. Any applicable Metro regulations;
4. Any applicable comprehensive plan policies; and
5. Any applicable provisions of the City's implementing ordinances.
FINDING: Findings and conclusions are provided within this report for the applicable factors listed
above for a Type IV review.
Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197,
The City's Comprehensive Plan incorporated the Statewide Planning Goals and was acknowledged by the
state as being in compliance with state law; therefore, the Statewide Goals are addressed under the
Comprehensive Plan Policies Sections. The following Statewide Planning Goals are applicable: Goal 1:
Citizen Involvement; Goal 2: Land Use Planning; Goal 10: Housing and Goal 14: Urbanization.
Applicable federal or state statutes or regulations;
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FINDINGS:
ORS 222:
State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous
territory when electors or landowners in the proposed annexation territory submit a petition to the legislative
body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous
territory. A city is not required to hold an election for such an annexation if it follows the noticing
procedures for a public hearing per ORS 222.120.
ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide
public notice to be published once each week for two successive weeks prior to the day of the hearing, in a
newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four
public places in the city for the same two week period. Because this application also includes an amendment
to the comprehensive plan map designation, the process also includes a public hearing with the Tigard
Planning Commission.A recommendation is made by the Commission to Tigard City Council.
The owners and registered voters of the subject parcels have signed petitions for annexation to the City. The
site is contiguous to the City's boundary. The City mailed notice on May 26, 2016, and published public
notice in The Tigard Times for two successive weeks Qune 9 and June 16, 2016) prior to the June 20,
2016/July 26, 2016 public hearings, and posted the hearing notice for public view on June 1, 2016 in the
Tigard Library,Tigard City Hall,Tigard Permit Center, and at the site on SW 113th Avenue. For the August
% 2016 hearing the notice was mailed and posted on July 19, 2016 and published in The Tigard Times for two
successive weeks Quly 28 and August 4, 2016).
CONCLUSION: Staff finds that the provisions of ORS 222 have been met.
OAR 660-012-0060 (Transportation Planning Rule):
State law (ORS 197.646) requires that local governments comply with statewide planning goals and rules
adopted to implement them when they consider plan amendments. The Transportation Planning Rule
(TPR) implements Statewide Planning Goal 12 (Transportation) which requires local governments to plan
for a safe, convenient, and adequate transportation system. Before approving plan or zone changes, cities
and counties must determine whether existing transportation facilities and planned improvements will
provide adequate capacity to support the new development that would be allowed by the proposed land use
changes. If there is not adequate planned capacity, a "significant effect" occurs. When a city or county finds
there is a significant effect, it must take steps to put land use and transportation in balance. Ways to do this
include: adding planned transportation facilities or improvements, limiting land use or modifying
performance standards to tolerate additional congestion.
The applicant has requested a change from R-4.5 (Low Density Residential) to R-7 (Medium Density
Residential). Both zones allow single-family and duplex development along with some civic uses
conditionally. The requested zone change would result in seven (7) additional units. If the site were
developed with single-family detached homes (worst case scenario), these seven (7) units would be
anticipated to generate 70 additional daily trips, of which seven trips would be during the peak hour. This
trip generation would be less than the TCDC 18.81OCC thresholds of 300 trips per day or 50 trips per peak
hour above which a traffic impact study would be required for impacts to an ODOT facility. In addition,
any future development will be required to improve the SW 113th Avenue frontage to current street
standards and pay fees to mitigate impacts to the transportation system.
CONCLUSION: Staff finds that a significant effect does not occur with the proposed changes; therefore
the provisions of OAR 660-012-0060 have been met.
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Applicable Metro regulations;
Metro 3.09.045 (d) and (e.)
(d)To approve a boundary change through an expedited process, the city shall:
(1) Find that the change is consistent with expressly applicable provisions in:
(A)Any applicable urban service agreement adopted pursuant to ORS 195.065;
The proposed annexation is not being reviewed through an expedited process,but subsections (d) of Metro
Code 3.09.050 requires that the standards of 3.09.045 (d) & (e) be addressed.
The Tigard Urban Service Agreement (TUSA) is between the City, County, Metro, and the service Districts
for water, sewer, transportation, parks and public safety. The agreement outlines the role, provision, area,
and planning/coordination responsibilities for service providers operating in the Tigard Urban Services
Area. These services are addressed above at the beginning of this report.
The Urban Planning Area Agreement (UPAA) between the City and the County provides coordination of
comprehensive planning and development, defines the area of interest, and includes policies with respect to
the active planning area and annexation. The applicable annexation policies include the assignment of
comprehensive plan and zoning designations addressed earlier in this report and acknowledgements that the
City is the ultimate service provider of urban services within the Tigard Urban Service Area.
The City has followed all processing and notice requirements in the UR-M,providing notice to Washington
County. The agreement states that "so that all properties within the Tigard Urban Service Area will be
served by the City, the County and City will be supportive of annexations to the City."
(B) Any applicable annexation plan adopted pursuant to ORS 195.205;
These statutes outline the process for annexations initiated by a city or district,including public hearings and
voting procedures. This statute is not applicable since the annexation was initiated by the property owner.
The applicant's representative has submitted petitions to annex signed by all property owners and a majority
of the registered voters.
(C) Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between
the affected entity and a necessary party;
ORS195.020(2) speaks to cooperative agreements between counties or Metro with each special district that
provides an urban service within the boundaries of the county or the metropolitan district. Special districts
would include fire,water, school,and sewer districts. These districts are the same within the county and city
with the exception of the sewer district, which will be the City of Tigard following development of the
subdivision. Planning for these areas will still be considered by the same special districts upon annexation
due to existing agreements with the City.
(D)Any applicable public facility plan adopted pursuant to a statewide planning goal on public
facilities and services; and
The City of Tigard Public Facility Plan was adopted in 1991 in compliance with statewide planning goals
and Oregon Administrative Rule 660-11. A revised plan is currently being developed as part of periodic
review. New Comprehensive Plan goals and policies for public facilities were adopted in 2008 (Goal 11),
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and the applicable goals and policies were addressed previously in this report. The proposed annexation is
consistent with the Tigard Public Facility Plan.
(E) Any applicable comprehensive plan; and
The Tigard Comprehensive Plan applies in this case. Applicable policies are satisfied as addressed later in
this report.
(2) Consider whether the boundary change would: (A) Promote the timely, orderly and economic
provision of public facilities and services; (B) Affect the quality and quantity of urban services; and
(C) Eliminate or avoid unnecessary duplication of facilities or services.The proposed annexation will
allow urban services to be provided to the site for future homes. In addition,Tigard Police will serve the site
instead of Washington County Sherriff. TVF&R will continue to provide service as it is a county-wide
provider.
(e) A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel that
lies partially within and outside the UGB. Neither a city nor a district may extend water or sewer
services from inside a UGB to territory that lies outside the UGB.
The property to be annexed is not outside the UGB. This criterion is not applicable.
Metro 3.09.050 (b)
(b) Not later than 15 days prior to the date set for a change decision, the approving entity shall
make available to the public a report that addresses the criteria in subsection (d) below, and that
includes at a minimum the following:
A draft staff report was available June 6,2016, fifteen days prior to the public hearing.
(1) The extent to which urban services presently are available to serve the affected territory
including any extra territorial extensions of service;
As addressed previously in this report, urban services are available and can be extended to the affected
territory.
(2) Whether the proposed boundary change will result in the withdrawal of the affected territory
from the legal boundary of any necessary party; and
The proposed territory will remain within Washington County but will be required to be withdrawn from
the Washington County Enhanced Sheriffs Patrol District, Urban Road Service District, and Tigard Water
District upon completion of the annexation. This withdrawal is incorporated into the proposed ordinance.
(3) The proposed effective date of the boundary change.
The public hearings will took place on June 20/July 18/August 9, 2016. If the Council adopts findings to
approve CPA2016-00001 and ZCA2016-00001, the effective date of the annexation will be upon filing with
the Secretary of State office in accordance with Oregon Revised Statutes (ORS 222.180).
(c) The person or entity proposing the boundary change has the burden to demonstrate that the
proposed boundary change meets the applicable criteria.
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The proposed boundary change meets the applicable criteria as demonstrated by the application and
supporting materials submitted by the applicant and evaluated in this staff report.
(d) To approve a boundary change, the reviewing entity shall apply the criteria and consider the
factors set forth in subsections (d) and (e) of Section 3.09.045.
The criteria and factors outlined in subsections (d) and (e) of Section 3.09.045 have been previously
addressed in this report and were found to be met.
CONCLUSION: As shown in the above findings the proposal satisfies the Metro Code regulations related
to Local Government Boundary Changes. This criterion is met.
Applicable Comprehensive Plan Policies;
Policies applicable to both the Comprehensive Plan Amendment and Annexation:
Chapter 1: Citizen Involvement
Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to
participate in all phases of the planning process.
Policy 2 The City shall define and publicize an appropriate role for citizens in
each phase of the land use planning process.
Policy 5 The opportunities for citizen involvement provided by the City shall be
appropriate to the scale of the planning effort and shall involve a broad
cross-section of the community.
FINDING: Citizens, affected agencies, and other jurisdictions were given the "opportunity
to participate in all phases of the planning process." Several opportunities for
participation are built into the application review process,including:
• Public Hearing notification requirements pursuant to Chapter
18.390.060 of the Tigard Community Development Code. Public
hearing notice of the Planning Commission and City Council public
hearings was sent to the interested parties list and all property owners
within 500 feet of the subject parcels (May 26,2016 and July 19, 2016)
and posted in City Hall, Permit Center and the Tigard Public Library
Qune 1,2016 and July 19,2016).
• Notices were published in the June 9,June 16,July 28, and August 4,
2016 issues of The Tigard Times (in accordance with Tigard
Development Code Chapter 18.390 & Metro Code 3.09.050). The
notice invited public input and included the phone number of the
review staff to answer questions.
• The site was posted with notice boards on June 1, 2016 and July 19,
2016.
• Posting on the City's web site Qune 6,2016) and updated July 19, 2016.
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CONCLUSION: Based on the findings above, Tigard Comprehensive Plan Goal 1.1 Policies 2
and 5 are met.
Policies related to the proposed Comprehensive Plan Amendment.-
Chapter
mendment.Chaapter 2: Land Use Planning
Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action
plans as the legislative basis of Tigard's land use planning program.
Policy 3 The City shall coordinate the adoption, amendment, and
implementation of its land use program with other potentially affected
jurisdictions and agencies.
Potentially affected jurisdictions and agencies were given an opportunity to
comment on the proposed annexation and zone change. Any comments that
were received are addressed in Section VI: Outside Agency Comments. This
policy is met.
Policy 15 In addition to other Comprehensive Plan goals and policies deemed
applicable, amendments to Tigard's Comprehensive Plan/Zone Map
shall be subject to the following specific criteria:
A. Transportation and other public facilities and services shall be
available, or committed to be made available, and of sufficient capacity
to serve the land uses allowed by the proposed map designation;
The subject site's parcels are currently served by the existing public street SW
113th Avenue,which is a local street. New public streets extending from 113th
will need to be constructed to serve future homes. Right-of-way dedication and
street frontage improvements along SW 113th Avenue will also be required as
part of any future development.
The proposed plan map change is from the City of Tigard's R-4.5 zone to the
R-7 zone. The applicant proposes to develop the site into a maximum of 29
lots. The maximum number of lots allowed under the R4.5 zone is 22, thus the
applicant's proposal exceeds the R4.5 maximum by seven lots. If the site were
developed with single-family detached homes (worst case scenario), these
seven (7) units would be anticipated to generate 70 additional daily trips, of
which seven trips would be during the peak hour. This trip generation would
be less than the TCDC 18.810CC thresholds of 300 trips per day or 50 trips
per peak hour above which a traffic impact study would be required for
impacts to an ODOT facility. There is adequate capacity in the system to
accommodate these additional trips.A traffic impact study will be conducted as
part of the development application to identify and address traffic issues. This
analysis is required for development under either the R-4.5 or R-7 zoning.
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B. Development of land uses allowed by the new designation shall not
negatively affect existing or planned transportation or other public
facilities and services;
The subject parcels are currently in Washington County with an R5 zoning
designation. If developed the site allows for a maximum of 37 units (minimum
size of 5,500 square feet) under the current County zoning, 22 units under the
City converted R-4.5 zoning (minimum lot size of 7,500 square feet), and 29
units under the applicant's proposed R-7 zoning (minimum lot size of 5,000
square feet). All of the designations allow detached dwellings as a permitted
land use. The proposal as submitted calls for seven more detached dwellings
than would otherwise be built under the City's R-4.5 zoning, but is eight fewer
than under the property's present R5 zoning in the County.
The subject property is accessed from SW 113th Avenue, a local street serving
properties in the area. This includes the commercial and multifamily
development to the north and approximately fifteen single-family homes south
of the subject property. As part of development, the applicant is required to
construct street improvements and dedicate needed right-of-way to bring SW
113th Avenue up to local street standards. In addition, a traffic study will be
performed as part of the subdivision application. The traffic study will give
recommendations for any mitigation that may be necessary as a result of this
development
Other public facilities have adequate capacity to serve the additional seven
units allowed under the proposed R-7 zoning. The applicant will extend public
lines to serve future homes.
C. The new land use designation shall fulfill a proven community need
such as provision of needed commercial goods and services,
employment, housing, public and community services, etc. in the
particular location, versus other appropriately designated and
developable properties;
The applicant submitted data sheets from Altos Research that demonstrate the
strong seller's market currently being experienced all over the Portland and
greater Portland area. The Market Action Index is a metric to evaluate and
compare this market data. The figure of -30 indicates a buyer's market, 0
indicates an even market and +30 indicates a seller's market. The data shows a
65.6 Market Action Index in the Portland Metro Area, and that the market
recently went below the 1,000-home availability level for inventory with
approximately 742 homes on the market in the Portland area. Data for Tigard
specifically shows a Market Action Index of 50.3 with only 138 single-family
homes currently available for purchase. According to the applicant local real
estate agents have recorded a huge demand for single-family housing all over
the City and stated that new houses just can't be built quickly enough to fulfill
the demand.
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D. Demonstration that there is an inadequate amount of developable,
appropriately designated, land for the land uses that would be allowed
by the new designation;
In the near vicinity and referring to Exhibit Al of the applicant's supplemental
narrative, it can be seen that many areas surrounding the site are fully
developed — meaning there is a limited supply in the area. The parcels to the
east are developed housing projects, the area to the northeast is a developed
apartment complex, the area to the south is developed as large-lot single-family
dwelling units and the area to the west is a developed mobile/manufactured
home park.
E. Demonstration that land uses allowed in the proposed designation
could be developed in compliance with all applicable regulations and the
purposes of any overlay district would be fulfilled;
Both the proposed R-7 and the designated R-4.5 are residential zones with
largely the same regulations for single-family residential subdivisions. The
difference is the minimum lot size (R-7 is 5,000 square feet and R-4.5 is 7,500
square feet) and density (R-7 will allow for a maximum of 29 lots and the R-4.5
allows for a maximum of 22 lots). A conceptual layout has been submitted
showing the subdivision can be developed to be in compliance with all of the
applicable R-7 regulations. The site does not have any overlay districts,
although there are vegetated corridor/sensitive areas crossing the property
which have been delineated by a professional environmental consultant and
will be deemed as non-buildable areas. Any proposed subdivision would have
to be designed around these areas.This policy is met.
F. Land uses permitted by the proposed designation would be
compatible, or capable of being made compatible, with environmental
conditions and surrounding land uses; and
The proposed zone would allow uses compatible with adjacent uses;including
single-family detached homes. The property is surrounded by residential uses
with the exception of the commercial use to the northwest of the subject site.
There is no overlay district on the subject properties. There are vegetated
corridor/sensitive areas crossing the property which have been delineated by a
professional environmental consultant and will be deemed as non-buildable
area. Any proposed subdivision would have to be designed around these areas.
This policy is met.
G. Demonstration that the amendment does not detract from the
viability of the City's natural systems.
The subject property has a total of approximately 88,460 square feet of vegetated
corridor/sensitive area as determined by a professional environmental consultant.All
of this area is proposed to be preserved,with the exception of a single suspended
bridge crossing across the creek to provide access to the residential lots on the west
side of the creek.
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The proposed amendment from R-4.5 to R-7 does not in any way affect the
vegetated corridor/sensitive area. This area has to be preserved regardless of the
zoning designation. Regulations protecting the resource are the same for both R-4.5
and R-7 zoning.
Policy 16 The City may condition the approval of a Plan/Zoning map
amendment to assure the development of a definite land use(s) and
per specific design/development requirements.
Staff has no conditions of approval to recommend.
CONCLUSION: Based on the findings above, Tigard Comprehensive Plan Goal 2.1 Policies
3, 15, and 16 are met.
Chapter 10: Housing
Goal 10.1 Provide opportunities for a variety of housing types at a range of price levels
to meet the diverse housing needs of current and future City residents.
Policy 1 The City shall adopt and maintain land use policies, codes, and
standards that provide opportunities to develop a variety of housing
types that meet the needs, preferences and financial capabilities of
Tigard's present and fixture residents.
Currently, approximately 69% of land is zoned for residential land uses. In
2013 the Council adopted a Housing Strategies report prepared by Angelo
Planning Group and Johnson & Reid in support of the Periodic Review
update to Goal 10,Housing. Background data for this report illustrated that at
that time the city had about twice as much buildable land in areas zoned R-4.5
(149.5 net buildable acres) than in areas zoned R-7 (72.1 net buildable acres).
The report analyzed the city's current and future housing needs. The land
supply meets the projected 20-year need for 6,550 new housing units in the
city. However, this assumes the potential to build mostly attached or mult-
family units in every zone above R-2, which leaves relatively little capacity to
accommodate the projected need for single-famly detached housing in some
of these same zones. Once these detached units are accommodated, then the
actual achieved housing capacity is less. Therefore, the proposed change to R-
7 could provide additional capacity. This policy is met.
CONCLUSION: Based on the findings above, Tigard Comprehensive Plan Goal 10.1 Policy
1 is met.
Goal 10.2 Maintain a high level of residential livability.
Policy 5 The City shall encourage housing that supports sustainable
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development patterns by promoting the efficient use of land,
conservation of natural resources, easy access to public transit and
other efficient modes of transportation, easy access to services and
parks, resource efficient design and construction, and the use of
renewable energy resources.
The site is adjacent to an area with commercial services and transit is available
along SW Pacific Highway (approximately 1/3 of mile from the site). There
are vegetated corridor/sensitive areas crossing the property which have been
delineated by a professional environmental consultant and will be deemed as
non-buildable area. Through a Planned Development process the applicant
could develop the property in a sustainable pattern that promotes the efficient
use of land and conservation of natural resources while also accommodating
the higher density allowed by the zone change.
Policy 7 The City shall ensure that residential densities are appropriately related
to locational characteristics and site conditions such as the presence of
natural hazards and natural resources, availability of public facilities
and services, and existing land use patterns.
The site does include a natural resource (drainageway). Both the R-4.5 zone
and R-7 zones allow development of the site if the applicant can demonstrate
compliance with Clean Water Services regulations. Through a Planned
Development process the applicant could develop the property in a
sustainable pattern that promotes the efficient use of land and conservation
of natural resources while also accommodating the higher density allowed by
the zone change.
CONCLUSION: Based on the findings above,Tigard Comprehensive Plan Goal 10.2 Policies
5, and 7 are met.
Policies related to the proposed Annexation:
Goal 11.1 Develop and maintain a stormwater system that protects development, water
resources, and wildlife habitat.
Policy 4 The City shall The City shall require a property to be located within the
City limits prior to receiving City stormwater services.
Stormwater will be collected, treated and released into the on-site creeks. A
downstream analysis will be necessary as part of the subdivision application to
determine what improvements must be provided by the applicant to
accommodate the increased stormwater.
CONCLUSION: Based on the findings above, Tigard Comprehensive Plan Goal 11.1 Policy
4 is met.
Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and
future needs of the community.
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Policy 4 The City shall require a property to be located within the City limits
prior to receiving City wastewater services.
City of Tigard sanitary service is available to the east of the site. All future
public lines within the proposed subdivision will be owned and maintained by
the City of Tigard. The applicant will not receive City services prior to
annexation.
CONCLUSION: Based on the findings above, Tigard Comprehensive Plan Goal 11.3 Policy
4 is met.
Goal 14.1 Implement the Tigard Urban Services Agreement through all reasonable and
necessary steps, including the appropriate annexation of unincorporated properties.
Policy 1 The City shall assign a Tigard zoning district designation to annexed
property that most closely conforms to the existing Washington County
zoning designation for that property.
The applicable Tigard zoning district designations are addressed in the
fmdings for Section 18.320.020.C.
Policy 2 The City shall ensure that capacity exists, or can be developed, to
provided needed urban level services to an area when approving
annexation.
Capacity has been addressed above under 18.320.020.B.1, consistent with this
policy.
Policy 3 The City shall approve proposed annexations based on findings that
the request:
A. can be accommodated by the City's public facilities and services:
and
B. is consistent with applicable state statute.
The availability of the City's public facilities and services has been addressed
above under 18.320.020.B, consistent with this policy. As reviewed earlier in
this report, staff finds that the provisions of ORS 222 have been met,
consistent with this policy.
Policy 4 The City shall evaluate and may require that parcels adjacent to the
proposed annexations be included to:
A. avoid creating unincorporated islands within the City;
B. enable public services to be efficiently and effectively extended to
the entire area; or
C. implement a concept plan or sub-area master plan that has been
approved by the Planning Commission or City Council.
The proposed annexation creates an unincorporated island within the City
made up of one parcel (tax lot 300) north of the site on the east of SW 113th
Avenue. To avoid this, the City sent invitations to all adjacent owners to join
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the annexation but did not receive any requests to join. Services can be
efficiently provided by extending lines from adjacent sites or streets. The site
is not part of a concept plan or sub-area master plan.
CONCLUSION: Annexation of additional parcels is not necessary at this time. The city has
coordinated with all jurisdictions and agencies within/near the annexation
site. The City of Tigard has the services/facilities available and at adequate
capacity to serve the site.The proposed annexation is consistent with
Tigard Comprehensive Plan Goal 14.1 Policies 1, 2, 3, and 4 are met.
Any applicable provisions of the City's implementing ordinances.
FINDINGS: Applicable criteria from the Tigard Community Development Code (Title 18) have been
addressed previously in this report. The only additional City ordinance related to the proposal is Resolution
15-07. This resolution extended previously approved incentives for property owners that voluntarily annex
into the city limits for reasons that do not include the need for city services. These incentives include waiver
of the annexation application fee, assistance with paperwork and, phasing in of increased property taxes.
Because the annexation is needed to serve the site for future development, these incentives cannot be
extended to the applicant. As demonstrated in previous sections of this report, the proposed annexation is
consistent with all other applicable provisions of the Tigard Development Code.
CONCLUSION: Based upon the findings above, all applicable provisions of the city's implementing
ordinances are satisfied
SECTION VI. ADDITIONAL CITY STAFF COMMENTS
The City of Tigard's Building Division, Police and Public Works Department had an opportunity to
review this proposal and had no objections.
The City of Tigard's Public Works Engineering Division has reviewed the proposal and provided
comments regarding streets,water,and sewer. No capacity issues were noted. Comments include:
• street improvements along the site's SW 113th frontage will be required with development
• sanitary sewer is available in the area but topography may make it difficult to serve the entire site
• water is available in SW 113th Avenue
SECTION VII. OUTSIDE AGENCY COMMENTS
The following agencies/Jurisdictions had an opportunity to review this proposal and did not respond:
Metro Land Use and Planning, Clean Water Services, Tigard Tualatin School District #23J,
Washington County Department of Land Use and Transportation, Oregon Department of Land
Conservation and Development, Oregon Department of Transportation Region 1.
Utility providers such as Century Link, Portland General Electric, NW Natural Gas, Frontier
Communications, and Comcast were notified of the proposal. Only Frontier responded with a request
for the developer to contact Frontier's office.
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SECTION VIII. INTERESTED PARTIES COMMENTS
Written comments were received from one neighboring property owner during the review period; these
comments were included in the Staff Report to the Planning Commission. These comments were passed
along to the applicant. A written response to the commenter was not received, but the applicant noted that
these concerns would be addressed during the public hearing. The comments are related to the current
request to annex and amend the zoning/comp plan designation, while others are more related to future
development. Only comments related to the current proposal can be considered. Staff responded in writing
stating that compliance/consistency with city/regional/state requirements must be satisfied and that
regulations related to development will be addressed in future applications.
A petition against rezoning the property was received the day of the June 201h public hearing (Exhibit A of
the June 20, 2016 Planning Commission meeting minutes). Additional written comments were received
from three neighboring property owners the day of the July 18th public hearing, in addition to an updated
petition against rezoning the property that was signed by additional petitioners (Exhibits A-D of the draft
July 18, 2016 Planning Commission meeting minutes).
The Planning Commission received and considered both written and oral comments from residents
and stakeholders as part of their deliberations on July 18, 2016.
Written comments were submitted by the following interested parties:
• Todd Ourts, 16425 SW 113th Ave., Portland, OR 97224, including a petition signed by 28
neighboring residents/property owners
• Robert Began, 16795 SW 113th Ave., Tigard, OR 97224
• Ramona Steel, 16440 SW 1131h Ave., Tigard, OR 97224
• Vicki Craig (16325 SW 113th Ave., Portland, OR 97224), Tim & Kelia Meskel (16285 SW
113th Ave., Tigard, OR 97224), and Al & Theresa Scott (16380 SW 113th Ave., Tigard, OR
97224) —one letter signed by site property owners
Oral comments were submitted by the following individuals:
• Olivia Derringer, 16425 SW 113th Ave., Portland, OR 97224
• Todd Ourts, 16425 SW 113th Ave., Portland, OR 97224
• Robert Prokop, 16445 SW 113th Ave.,Tigard, OR 97224
• Vicki Craig, 16325 SW 113th Ave.,Portland, OR 97224
• Dustin Pheif, 1 Jefferson Pkwy. #211,Lake Oswego, OR 97035
• Dave Hopkins, 4300 Orchard Wy., Lake Oswego, OR 97035
• Connie Krueger, 16785 SW 113th Ave., Portland, OR 97224
Listed below are the main highlights from the oral and written comments received. The full text of
all comments can be found in the project file and Planning Commission minutes of June 20 and July
18, 2016.
Testimony in favor, received from one of the site property owners, notes there is a limited amount of land
in the Tigard area and that the homes will be a good addition to the neighborhood and Tigard.
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Testimony in opposition, received from neighbors,identify the following concerns:
• Residents in the neighboring mobile home park (Royal Villa) were not notified of the proposal
• Increased traffic (Durham and 113111) and on-street parking on SW 113th
• Loss of wildlife habitat and trees
• Loss of livability due to more residents/noise/litter/crime/smaller lots not in keeping with
neighborhood character
• Impacts to on-site creeks
• Not opposed to development,just development at a higher density
The Planning Commission was presented copies of all written comments and heard all oral
testimony before a motion to recommend approval of the proposed amendments. Overall, the
Planning Commission found the project to meet all relevant approval criteria pertaining to the issues
raised by the public.
SECTION IX. CONCLUSION
As demonstrated by the findings above, the proposed changes comply with the applicable Statewide
Planning Goals, applicable regional, state and federal regulations, the Tigard Comprehensive Plan, and
applicable provisions of the City's implementing ordinances.
Therefore, the Planning Commission recommends that the City Council adopt by ordinance the proposed
Comprehensive Plan Amendment and Zone Change, as determined through the public hearing process.
olu July 27 2016
PREPARED BY: Cheryl Caines DATE
Associate Planner
f �ene
-July 27 2016
D
APPROVED BY: Tom McGuire TE
Assistant Community Development Director
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