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Ordinance No. 89-15 i ' CITY OF TIGARD, OREGON - ORD'INANCE NO. AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT (CPA 89--03) AND -LONE CHANGE (IC 89--03) PR OPOSED BY RIVERWOOD PROPERTIES, WHEREAS, River-wood Properties has requested a Comprehensive Plan Amendment from Low Density Residential to General Commercial, and a "Lane Change from R•--3.5 (Residential, 3 .5 units/acre) to C- G (General Commercial) for- approximately 6.4 acres located along Duvall Street:; and WHEREAS, the Planning Commission reviewed the proposal on April 4, 1989, and recommended approval of the amendments; and WHEREAS, a public hearing was held before City Council on April 24, 1989, to consider the Commission recommendation. THE CITY OF -fIGARD ORDAINS AS FOLLOWS: Section 1: The proposal is consistent with all relevant criteria as discussed in the April 4, 1989, Planning Division staff report to the Planning Commission (Exhibit. "A"). Section 2: The City Council upholds the Planning Commission's April 4, 1989, recommendation for approval of the Comprehensive Plan Land Use Map and Zoning Map Amendment as set forth in Exhibit "B" (minutes). Section 3: This ordinance shall be effective on and after the 31st day after its passage by Council, and approval by the Mayor. PASSED: 8y /� lVllnUU� vote of all Council members present after being read by number and title only, this clay of - 1 - 1989. Catherine Wheatley, Deputy Rc� order APPROVED: This C Qlld day of 1989. Gerald R. Edwards, Mayor Approved as to form: 4tn ttorne _._.. Date cp/9773U ORDINANCE NO. 89- ` STAFF REPORT AGENDA .LiEM 5.3 APRIL 4, 1989 - 7:30 P.M. TIGARD PLANNING COMMISSION ( TIGARD CITY HALL - TOWN HALL \ 13125 SW HALL BLVD. TIGARD, OREGON 97223 A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 89-03, Zone Change 7_C 89-03 REQUEST: For a Comprehensive Plan Map Amendment from Low Density Residential to General Commercial and a Zone Change from R-3.5 (Residential, 3.5 units/acre) to C-G (General Commercial) for approximately 6.4 acres. APPLICANT: Riverwood Properties OWNER: Several 3483 River Road N See Addendum 1 Salem, OR 97303 LOCATION: 11630 through 1!965 SW Duvall Street (WCTM 2S1 36DC, tax lots 600, 700, 800, 900, 1000, 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2000, and 2100). 2. Background Information No previous land use applications have been reviewed by the City regarding these properties. 3. Vicinity Information Properties to the north, west, and south of the Duvall St: eet neighborhood are zoned C-G (PD) (General Commercial--Planned Development). The multi--screen Tigard Cinema development is located to the north. To the west is a 9.5 acre parcel containing only one single-family residence. To the south are three long narrow parcels and a fourth, smaller parcel. These four parcels contain three single-family residences. Further south and west are other undeveloped parcels which are also zoned C-G (PD). Across SW 72nd Avenue from the subject parcel is a developed residential neighborhood of approximately 15 acres that is zoned R-3.5 (Residential, 3.5 units/acre). This neighborhood is developed primarily along SW Baylor and SW Clinton Streets. The Baylor-Clinton neighborhood is surrounded by C-P (Professional Commercial) properties to the north and east and C-G zoned properties to the south and west. The Duva-11, Baylor•, and Clinton Street neighborhoods are within the Tigard Triangle. The Triangle, bounded by Interstate 5 on the east, Highway 217 on the southwest, and Pacific Highway on the northwest, is STAFF REPORT - CPA 89-03 and ZC 89-•03 (RIVERWOOD PROPERTIES) - PAGE 1 AP-. IMO17- predominantly retail and office commercial area. Several small residential neighborhoods are also included in the Triangle area. The City has proposed construction of the Dartmouth Street extension into, the heart of the Triangle in order to improve access to the area. 4: Site Information and Proposal Description The Duvall Street neighborhood is a small, single-street subdivision with 13 single--family residences on 15 lots. SW Duvall Street is a paved 16-foot wide street within a 30-foot wide right-of-way. Except for the four lots with frontage on SW 72nd Avenue, all lots are approximately one-half acre in size. The 72nd Avenue lots are slightly smaller. The applicant requests a Comprehensive Plan neap redesignation from Low Density Residential to General Commercial and a rezoning from R-3.5 to C-G for the Duvall Street neighborhood. The applicant has either purchased or entered into agreements to purchase all of the 15 parcels involved in the application. The applicant is involved in the potential commercial development of properties to the west of the Duvall Street neighborhood and would like to add the subject area to the available commercially developable property on either side of the proposed Dartmouth Street extension. 5. Agency and NPO Comments NPO #4 has reviewed the proposal and has commented that the proposed redesignations are consistent with potential .usage of adjacent properi,ies and would not jeopardize the viaoility of other resid-entially developed areas in the Triangle. NPO members feel that the approval of the proposed plan amendment/zone change should be conditioned upon the applicant exercising the options for purchase of all involved properties so that the existing property owners are not saddled with commercial property tax rates on residential property. The Engineering Division will review the traffic and utility impacts of any future proposal for development on the site. No other comments were received. 8. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Planning Goals 1, 2, 9, and 10, and City of Tigard Comprehensive Plan policies 2.1.1, 5.1.4, 7.1.2, 7.6.1, 8.1.1, the locational criteria for General Commercial designated areas (Section 12,2), and additional Code and Plan requirements for a quasi-judicial plan amendment. The staff" concludes that the proposal is consistent with the applicable Statewide Goals based upon the following findings: STAFF REPORT CPA 89-03 and ZC 89-03 (RIVERWOOD PROPERTIES) - PAGE 2 r 1. Goal 1 is met because the City has adopted( a citizen involvement rogram including review of development applications b neighborhood planning organizations. In addition, all public notice requirements have been met with regard to this proposal. 2. Gaal 2 is met because file City ��nM upp--�- lied all relevant statewide Planning Goals, City Comprehensive Plan policies, and Community Development CGucewuire.,onts in the review of the application as described herein. 3. Goal 9 is met because the proposal would increase the City of Tigard's readily developable commercial land base thereby increasing economic opportunities within the City. 4. Goal 10 is satisfied because, although the proposed action would reduce the amount of residentially designated land in the City, the area to be redesignated is adversely affected by adjacent commercial development and nearby major highways and thus is not well suited for continued residential use. Redesignation of the area will not affect the City of Tigard's compliance with OAR Chapter 660, Division 7 - the Metropolitan Housing Rule's housing opportunity requirements for for single family -- multi-family mix and minimum residential density developable residential properties since the properties are presently developed and therefore are not considered buildable land by the Comprehensive Plan. The staff concludes that the proposal is consistent with the Comprehensive Plan based upon the following findings: 1. Policy 2.1.1 is satisfied because Neighborhood P1aoning Organization #4 and surrounding property ownerhave been given notice of the s hearing and an opportunity to comment on the applicant's proposal. 2. Policy 5.1.4 is satisfied because the proposed redesignation would not result in commercial encroachment into any residential neighborhood other than the neighborhood proposed for total redevelopment. The neighborhood has been adversely affected by recent commercial development of adjacent properties and would likely be further impacted by future development on nearby vacant commercially designated properties and therefore the neighborhood is no longer well suited for continued residential use. 3. Policies 7.1.2 and 7.6.1 are satisfied because adequate public facility (i.e. , sewer-, water, storm drainage) capacities exist to serve the area and any future development on the properties will be required to connect with those systems as a condition of approval for an.y future site development. Washington County Fire District #1 will be given the opportunity to review any proposal for development on the site. STAFF REPORT CPA 89-03 and ZC 89-03 (RIVERWOOD PROPERTIES) - PAGE 3 y . r 4, Policy 8.1.1 is satisfied because additional tr, ric generated by uses that would be allowed on the site by tFe C-G (General Commercial) zone should not result in traffic capacities of SW 72nd Avenue and other nearby streets being exceeded. The City is planning for the development of the Dartmouth Street Extension, a new major collector street that would link 1-5 and Pacific Highway, providing additional trans por 1:.)t ion capacity to serve the Tigard Triangle area. In addition, the Oregon Department of Transportation is considering other highway improvements that will provide improved access and capacity to serve the Tigard Triangle area. These possible improvements include widening Highway 217 and Pacific Highway, and reconstruction of the 1--5/Highway 217 and Highway 217/Std 72nd Avenue interchanges. The site should therefore be adequately served by the existing street network and by street improvements proposed for the area. 5. The applicable locational criteria for General Commercial development are satisfied for the following reasons: a. Spacing and Location The property is adjacent to other residential property only to the east across SW 72nd Avenue. The locational criteria state that a maximum of two sides of a commercial sig:_ may be adjacent to residential districts. This criterion is r,.et. b. Access Future commercial development on these properties will not likely create unacceptable traffic congestion as discussed above with regard to Policy 8.1.1. A traffic analysis study will be required as part of any future Site Development Review for this site. Measures to mitigate adverse traffic impacts of any proposed development may be required as a condition of development. Direct access to a major collector street, SW 72nd Avenue, is available. Pacific highway, Highway 217, and 1-5 are all arterials that also are in close proximity to this area. Public transportation is available on Slat 72nd Avenue. All access criteria are therefore satisfied. c. Site Characteristics The size of the area, especially when considered in combination with adjacent C-G zoned parcels, is large enough to accommodate all uses allowed by the proposed General Commercial designation. The site is highly visi3le from SW 72nd Avenue. The site characteristic criteria are therefore satisfied. STAFF REPORT CPA 84-03 and ZC 89--03 (RIVERWOOD PROPERTIES) - PAGE 4 Now d. Impact Assessment Without an actual development proposal, it is difficult to assess r whether the scale of deveiopment on a property will be compatible with adjacent uses. However, in the present situation the site is adjacent to a iiiajor roadway, to coiiiiiberclai de.ve.,,)pIlerlt, aiid to vacant commercially designated properties, and therefore it is reasonable to conclude that uses which might develop on the site would not be incompatible with adjacent uses. Review of any proposed development for the site through the Site Development Review process will assure that compatibility with surrounding uses will be assessed prior to development. The staff also concludes that the proposed redesignation complies with the Community Development Code and Plan requirement applicable to quasi—judicial map amendments that there be a finding that there has been a change of circumstances affecting the property or that a mistake was made in the original land use designation for the property (Comprehensive Plan, Volume 2, Policy 1.1, Implementation Strategy 2; Community Development Code Section 18.22.040(A)). The applicants assert that there has been a change in circumstances affecting this neighborhood that supports the request for redesignation to a commercial designation. Staff- concurs based on the following findings: Recent redevelopment of the adjacent Tigard Cinemas property and the apparent imminence of construction of the Dartmouth Street Extension have apparently changed the opinions of neighborhood residents regarding the long term viability of the area for residential use. This change in the neighborhood's opinion constitutes a change in circumstances which helps justify the proposed redesignation. During the development of the Comprehens?ve Plan, the City determined that the Tigard Triangle was best suited in the long run for commercial use because of the unique access available to the area and also because the area already was affected by neighborhing commercial uses and highways. However, in order to maintain the integrity of existing neighborhoods in the Triangle that were not ripe for redevelopment, the City applied residential Plan and zoning designations to certain areas in order to prevent incremental commercial intrusion into these neighborhoods. The City, however, committed to reconsider the designation of these neighborhoods at a later time when the commercial. redevelopment of these areas was determined to be appropriate. In the present situation, as in the earlier SW 79th Avenue redesignation, the neighborhood has indicated its assent to the redesignation thereby providing evidence of a change in circumstances affecting the involved properties. C. CONCLUSION AND RECOMMENDATION In conclusion, the staff finds that the proposed Plan Amendment from Low Density Residential to General Commercial and the proposed Zone Change from R-3.5 to C-G for the Duvall Street neighborhood are consistent with all applicable Statewide Planning Goals, City of Tigard Plan policies, and STAFF REPORT CPA 89-03 and ZC 89•-03 (RIVERWOOD PROPERTIES) — PAGE 5 the locational criteria for General Commercial development. In addition, the impacts of recent commercial development on these properties along with proposed improvements to nearby roadways gave altered neighborhood sentiments regarding keeping this neighborhood designated for residential use. This change in neighborhood sentiment constitutes a change in circumstances which makes the proposed redesi^n=*i^n4 timely. Therefore, the staff recommends that the Planning Commission forward CPA 89-03 and ZC 89-03 to the City Council with a recommendation for approval based on the above findings and conclusions. PFRE PAR 1 BY"rry APPROVED RY: Keith Liden lanner Senior Planner ke/9382D Ll dv� r W �- Q . ST. SM. A NOAdWAV �t►�ue i � E:.AYL R 1 j 0 AL EE 1 � / 1 � J t r STREE T o S.W. CLIP T. � e A ?•MOUTH EXTENSION- o � 1 r STAFF REPORT — CPA 89-03 and ZC 89-03 (RIVERWOOD PROPERTIES) — PAGE 6 MILDRED RIBACK 7390 SW DUVALL ST TIGARD, OR 97223 1800 ( ,0 GRACE. MARIE MITCHELL TRICIA &AUGHMAN 7340 Sri DUVALL ST 11665 SW 72ND AVE TIGARD, OR 97223 :TIGARD, OR 97223 700 & 800 1900 ROGER RANDOLPH JAVEST II OREGON LTD. 1771 SW WOODLAND TERRACE 33 SW 3RD LAKE OSWEGO, OR 97034 PORTLAND, OR 97204 900 WILBUR & NINA HALFERTY 720 NE 91ST PORTLAND, OR 97220 1000 MARSHALL Y BARBARA THORSEN 7375 SW DUVALL ST TIGARD, OR 97223 1100 2000 RICHARD GEORGE & NETA BUSH STEVE & LILLIAN 'POWERS �a35 SW DUVALL ST 11735 SW 72ND AVE i-._ !ARD, OR 97223 TIGARD, OR 97223 1200 2100 RICHARD & CYNTHIA CLARK LOIS BRINK 7465 Sod DUVALL ST 11765 S'W 72ND AVE TIGARD, OR 97223 TIGARD, OR 97223 1300 HEmAPALA & LINDA mARAmBE 7505 Sod DUVALL ST TIGARD, OR. 97223 1400 ALBERT & VIOT.A PeARSON 7500 SW DUVALL ST TIGARD, OR 97223 1500 JOHN & CAROL PAXMAN 7460 STri DUVALL S TIGARD, OR 97223 1600 RAYMOND Y JUDY BURMAN 7430 SW DUVALL ST °.rIGARD, 0R 97223 ADDENDUM ONE ■ L� �1J Y �• t�l � n 11. .111 � � 1� - ,r,,�� ,_ 1� .111: 1 �!� 11111/ /1 /�1 ■ � ■. /111 / - _ � :y,t z�;��/ : � Mum 111 + �I�i'�►S.. 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CPA 89-03, VARIANCE V 89-03 DUVAM STREET ( PROPY.W79S) N PO" #­4 A request for a Comprehensive Plan Amendment from Lo=a-Density Residential to General Commercial and a Zone Change from R-3.5 (Residential, 3.5 units/acre) to C-G (General Commercial) for approximately 6.4 acres including properties on either side of Duvall Street west of SW 72nd Ave. LOCATION: WCTM iSl 36DC, Tax Lots 600, 700, 800, 900, 1000, 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2000, 2100, and intervening public right-of-way. Senior Planner Liden reviewed the proposal, the history of the Tigard Triangle, and made staff's recommendation for approval. APPLICANT'S PRESENTATION o Gordon Davis, 1020 SW Taylor, Portland, OR, Riverwood Properties explained that it has been clearly recognized that the Tigard Triangle will development with commercial and office uses. In 1986 a proposal was made where a portion of a neighborhood requeuted rezoning and it wax made clear by the City that an entire neighborhood needed to convert at one time and this is what they are proposing. Regarding the A'PO's concern if the deal falls through, he felt the City would initiate a change back to . residential. PUBLIC TESTIMONY o Dick George, 7435 6W Duvall, one of the prc_�>erties stated that all of the neighbors are in favor of the change, however, they do not want to be left having to pay commercial assessed values on residential property if the deal falls through. o Bill Horne, 7160 SW Baylor, opposed the request. He stated he was already having a problem with cars parking along both side of Baylor. Be wanted his neighborhood to remain residential. PUBLIC IMMING CT0SED o Consensus of Commission was for approval. Commissioner Castile was concerned regarding the trend that individuals would have difficulty in converting their property to cummeraial and that outside big developers would be the only ones who would gain from this process. * Commissioner Barber moved and Commissioner Castile moved to forward a recommendation for approval to City Council, also recommending that a condition be added which would allow for the properties to change back to residential if the deal would fall through. Motion carried unanimously by Commissioners present. l� ' PLMHFING COMISSION MINUTES APRIL 4, 1989 - PA4GN 4 6. OTHER BUSINUSS o Registration for a Planning Commission Training Program on Saturday, May 13, 1989, at the Red Tion inn, Portland center. o The Commission requested staff to investigate the possibility of having a study session prior to the public hearing. 7. ADJ 2 9:25 PM Diane M. Jelder , Secretary ATTEST: Milton F. Fy4e, Vice President dj/PCM44-4 PLaWMIG CGHWSSXON YSTHUTZS .. APRXL 4, 1989 PY49