Ordinance No. 85-19 i
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CITY OF TIGARD, OREGON
ORDINANCE NO. 85-, E
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AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN
AMENDMENT (CPA 1-85) AND ZONE CHANGE (ZC 1-85) PROPOSED BY KENNETH AND LAVAI..LE
ALLISON AND DECLARING AN EMERGENCY.
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WHEREAS, the applicant has requested a Comprehensive Plan Amendment from
Central Business District to Medium High Density Residential and a Zone Change
from CBD (Central Business) to R-25 (Residential, 25 units/acre); and
WHEREAS, the Planning Commission reviewed the proposal on April 2, 1985 and
recommended approval; and
WHEREAS, a public hearing was held before the City Council on April 22, 1985
to consider the Commission recommendation.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The proposal is consistent with all relevant criteria as discussed
in the April 2, 1985 Planning staff report to Planning Commission
(Exhibit "A").
Section 2: The City Council upholds the Planning Commission's recommendation
t' for approval, of the Comprehensive Plan Land Use Mats and Zoning Map
Amendment as set forth in Exhibit "B" (maps).
Section 3: Inasmuch as it is necessary to revise the City's Comprehensive
Plan Maps to allow development in a timely mannar, an emergency is
declared to exist and this ordinance shall become effective upon
its passage by Council and approval by the Mayor.
MASSED: By vote of all Council members present after
being ead by number and title only, this - day
of 1985.
Deputy City Recorder - City of Tigard
APPROVED: This day of 1985.
City of Tigard
x (KSL:b3/1232P)
ORDINANCE NO. 85
STAFF REPORT ^� AGENDA ITEM 5.5
April 2, 1985, 7:30 P.M.
TIGARD PLANNING COMMISSION
FOWLER JUNIOR HIGH SCHOOL, - LGI
10865 S.W. WALNUT
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TIGARD, OREGON 97223
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A. FACTS r
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1. General Information
CASE: Comprehensive Plan Amendment CPA 1-85 and Zone Change ZC 1-85
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REQUEST: Amend the Plan designation from the Central Business
District to Medium High Density Residential and subsequently 4
change the zone designation from CBD (Central Business
District) to R-25 (Residential, 25 units/acre) for a 2 acre t
parcel.
APPLICANT: Kenneth and La Valle Allison OWNER: Same
6445 N.E. Union Ave.
Portland, OR 97211
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LOCATION: 9655 SW McKenzie Street/Pacific Village Apts.
('dash. Co. Tax Map 2S1 2AC, Tax Lot 1800)
2. Background
On June 29, 1979, the Planning Commission approved the development of a
10 unit apartment building (SDR 34-79). An additional 4 unit building
was approved on September 17, 1984 (SDR 19-84/V 13-84) and construction
is expected this summer.
3. Vicinity Information '
Ring's Choice Apartments are located to the southwest and that property
is zoned R-25 (Residential, 25 units/acre). Commercial development
located along Pacific Highway is to the the north. Vacant land zoned
CBD which is included in the "Main Street" proposal, abuts the subject
property to the east and south.
4. Site Information
The property is developed with 32 apartment units and it is anticipated
that four additional units will be built this year. The applicant is
requesting the Plan Amendment and Zone Change so that the development on .
the vacant property to the east (Main Street project) will be required
to maintain a 30-foot building setback from the subject property. The
apartments are a permitted use in the CBD and R-25 zones.
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STAFF REPORT -CPA 1-85 ZC 1-85 PAGE 1
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As the Community Development Code is -Written, developments in the CBD
zone are not required "'to provide a setback when adjacent to property
that is also zoned CBD. The Site Development Review or Planned
Development criteria indicates that appropriate screening must be
provided between different uses (i.e. commercial and residential) but no
specific standards ,are given.
5. Agency and NPO Comments
The Engineering Division and Building Inspection Office have no
objections to the request.
Comments have not been received from NPJ #1.
B. FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Statewide Planning Goals 1 and 2
and Tigard Comprehensive Plan policies 2..1.1, 6.6.1, and Chapter 12,
Locational Criteria.
The Planning staff cuncludes that the propopal is consistent with the
applicable Statewide Planning Goals and Guidelines based upon the
following findings:
1. Goal #1 is met because the City has adopted a Citizen's Involvement
program iecluding review of all development applications by the
Neighborhood Planning Organization (NPO). In addition, all public
t notice requirements were met.
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k 2. Goal #2 is met because the City applied all applicable Statewide
Planning Goals, City Comprehensive Plan Policies and Development Code
VJ requirements to the application.
The Planning staff has determined that the request is consistent with
the applicable Comprehensive Plan policies based upon the following
la Plan Policy 6e6.1 is mer because the rezoning irould require the
application of specific setback standards for the proposed commercial
development to the east. Provision
of specific setback and acreeningg
standards between the existing residential use and the proposed
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commercial development is consistent with this policy.
k 2• The, proposal is consistent with the applicable Locational Criteria
contained in Chapter 12 of the Flan based upon the following findings:
a• The Land is not committed to low density development.
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a b. The property is developed and pre3en_�y buffered from the low
density residential uses to the south.
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r c. Theapartments have direct access to Pacific. Highway which is
't An arterial.
s d. The property is developed and no development limitations,
Including capacity of public facilities, are apparent.
STAFF REPORT -CPA 1-85 & ZC 1•-85 _ PAGE 2
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e. Public transit, is available 0A 2ar-ific Highway=
f. General commercial services are available within one quarter
milA along Pacific Highway and on Main Street.
F,
o Creek
g. The property is i-a close proximity to the proposed Fann
Park.
Finally, it should be noted that the existing,
CDD zone allows for �
equivalent to multi-family development
multi-familyrthat
bossy will reduce thee future
(Residential, 40 units/acre) zone. This p P
development potential of the property..
This proposal is directly linked to the aDeCermining n Street development what consitutes €"
will follow this item on the age between different land used is
adequate screening and bufferingsal meets the applicable criteria,
difficult at best. Since this Pro P it is also suggested that s
the staff is recommending approval. however,
cases be heard by the Commission before any recommendations
both or ,
decisions are made. , t`
C. RECOM14ENDATION
onclusions noted above, the Planning staff
Saeed upon the findings and c
recommends app
royal of CPA 1-85 and ZC 1-85.
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APPROVED BY. illi
PRENJU D YA Ke. th Liden Director
Associate Planner Community Development
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(br/1133P)
6 ZC 1-85 PACE 3
STAFF REPORT -CDA 1-85 -
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