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Ordinance No. 85-21 e CITY OF TI:GARD, OREGON ' ORDINANCE NO. 85—j)i n AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREIIENSIVE PLAN AMENDMENT (CPA 6-85) AND ZONE CHANGE (ZC 7­85) PROPOSED BY JIM CHAi.I-ERLY AND DECLARING AN EMERGENCY. WHEREAS, the City has requested a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and a Zone Change from R-4.5 (Residential, 4.5 units/acre) to R- 7 (Residential, 7 units/acre); and WHEREAS, the Planning Commission reviewed the proposal on April 16, 1985 and recommended approval; and WHEREAS, a public hearing was held before City Council on May 6, 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 16, 1985 Planning staff report to Planning Commission (Exhibit "A") Section 2: The City Council upholds the Planning. Commission's recommendation for approval of the Comprehensive Plan Land Use Map and Zoning Map Amendment as set forth in Exhibit "8" (maps). Section 3: Inasmuch as it is necessary to revise the City's Comprehensive Plan Maps to allow development in a timely manner, an emergency is declared to exist and this ordinance shall become effective upon its passage by Council and approval by the Mayor. PASSED: By vote of all Council members present after being read by number and title only, this —( �h day of 19V5. eputy City Recorder — City of Tigard APPROVEn: This t,�7 ' day of blet _ 1985. ytra^ — City oi= Tigard. (KSL:bs/1283P) ORDINANCE NO. 95—C2,L ? P STAFF REPORT AGENDA ITEM 5.4 APRIL 16, 1985 - 7:30 P.M. TIGARD PLANNING COMMISSION FOWLER JUNIOR €IIGH SCHOOL - LGI 10865 S.W. WALNUT TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Comprehensive Plan Amendment (CPA 6-35) and Zone Change (ZC 7--85) t REQUEST: For a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and a Zone Change from R-4.5 (Residential, 4.5 units/acre) to R-7 i (Residential, 7 units/acre). APPLICANT: City of Tigard OWNER: Jim Chatterly 825 Valley Vista Fillmore, CA 93015 4 LOCATION: Southwest corner of Bonita Road and 79th Avenue (WCTM 2S1 12BD, TL 2900). 2. Background The City granted approval on June 8, 1981 for a Zone Change .from R-7 to R-5 (5,000 square foot lot) and a 10 unit subdivision on the subject property (CPR 6-81). The subdivision was not developed and the approval has expired. • On May 9, 1983, the City Council ratified a Comprehensive Plan Map designating the subject property for Medium Density Residential development. On June 28, 1983, Mr. Chatterly was assured by the Planning staff that because of this action, the R-7 zone, which allows for 5,000 square foot lots, vi(._'d apply to his property. The Plan map was amended several months later and the property has been zoned R-4.5 since November, 1983. 3. Vicinity Information Except for the Bonita Firs development on the north side of Bonita Road, the surrounding properties consist ofi small acreage homesites and vacant parcels. The area to the north and east is zoned R-7 and R-l- (Residential 12 units/acre) and the properties south and gest of Bonita Road and 79th Avenue are zoned R-4.5. 4 STAFF REPORT CPA 6-85 & 'LC 7-85 - PAGE i 4. Site Information ( The site is undeveloped and partially wooded. The property owner is interested in completing the subdivision that was approved in 1981. This would necessitate a new application, but this request should be in conformance with Code requirements of the R--7 zone. 5. Agent and NPO Comments Only three members of NPO # 5 were available to review the proposal, j however, no objections were raised. City Departments have no objection to the request. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Planning Goals 1, 2, and 10, and Tigard Comprehensive Plan policies 2.1.1, 6.1.1, 7.1.2, 8.1.3, 8.2.2, and Chapter 12, Locational C £teria. The Planning staff concludes that the proposal is consistent with the applicable Statewide Planning Goals and Guidelines based upon the following findings: 1. Goal #1 is met because the City has adapted a Citizens Involvement program including review of all development applications by the Neighborhood Planning Organization (NPO). In addition, all public 1" notice requirements are met. 2. Goal #2 is met because the City applied all applicable Statewide Planning Goals, City Comprehensive Plan Policies and Development Code requirements to the application. 3. Goal #10 is satisfied because the proposal will provide for housing as contemplated by the City Comprehensive Plan. The Planning staff has determined that the proposal is consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: 1. Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. 2. Policy 6.1.1 is satisfied because the zone change will allow for a higher density, single family development. The City of Tigard is obligated through the Metropolitan Housing rule to provide for an equal mix of single family and attached unite with an overall development density of 10 snits per acre. The City must ensure that silfficient higher density areas are available so the intent of the housing rule car.. be met. The proposed change is consistent with the intent of this rule. STAFF REPORT - CPA 6-8.5 S l.0 7-85 - PAGE 2 3. Plan Policy 7.1.2 is satisfied because>, adequate service capacities are available in the immediate area. 4. Plan Policy 8.1.3 will be satisfied as a condition for development of the property. if a subdivision does materialize, it will first require City approval through the subdivision review process. The necessary right-of-way and street improvements will be required at that time. 5. Plan Policy 8.2.2 cannot be satisfied at this time because Tri-Met does not offer bus service on Bonita Road or 79th Avenue. However, rush hour service is available approximately one-half mile away at Hall Blvd. and McDonald Street. 6. The Locational Criteria in Chapter 12 0£ the Plan are satisfied for the following reasons: a. The property is within a "Developing Area" which is not •committed to low density development. b. The parcel has direct access to 79th Avenue and Bonita Road, which is a major collector. C. Development limitations are not evident and public facilities have adequate capacity to serve the property. d. Pubic transit is not available presently, but Bonita Road is f a logical route for future eervice. e. Depending upon the type development proposed, the Code may require screening and buffering. This will b0 determined during the subdivision review process. f. General commercial and business centers are 0.5 to 1 mile away. j g. Public open space will be available nearby at Fanno Creek. The Comprehensive Plan has designated the Fanno Creek flood plain for open space purposes. As development occurs along the creek, dedication of the flood plain area is required. Also, the Tigard Area bicycle/Pedestrian Plan calls for a bicycle lane on Bonita Road. C. RECOMHENDALTIOtd Based upon the above findings and conclusions, the Planning staff recommends approval of ZC 2-85. Lz PREP E B reit Liden APPROVED BY: William A. Monahan _ Associate Planner Director of Planning, b Development �n (ICL:pm/1136P) STAFF REPORT - ;PA 6-85 & ZC 7-85 - PAGE 3 } • I l 1 t \ � i �.-. 1 t Lam_^^�::al_ - r W I4 --j R015 � 1 �^�/ �c (l�{'y(r��". Ii 1 olw 1 1r {)N�l'=,_J l� r^ .(`f} �,• -.--f' --- -- \�I ---, :. i QCT ,-7 3 1 APELTON� - , �t- �' 0 I :HOOL ACILNKa 9T 1 `L ) kOSS :TwCCT r ' I L KE LN e 5 l I DORtlURN PtRtE T• > / 14 13 60. � WT i TI GARS HIGH L i U.S.A. � SCHOOLTREATMENT FA 1 PLANT � of 4 m m e k .. 263.94 26006' 26+4.06' !!! N (0 O !a0 C O q0 h g b �w w co o Qi m o CJ -4 r (71 r \ FANNO CREEKru DRIVE 264.41. 26420' - 257.6 .� + #7 9A AVENUE$ 264.20 257.69 264.41` p o \ rn a 0 00 p e L �i ro Nrn w ,� Cn f7 0 26 .17' 259.32' c 264.74' � 170,-- t0 ❑ ZUj o i. � �