Loading...
Ordinance No. 89-30 I I .p . CITY OF TIGARD OREGON ORDINANCE NO. 89-30 AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE PLAN AMENDMENT AND ZONE CHANGE REQUESTED BY METZGER AND EMS (CPA 89-07/ZC89-07). WHEREAS, the applicant has requested a Comprehensive Plan Amendment from Commercial Professional to Medium High Density Residential on approximately 5.03 acres and a zone change from C-P (Commercial Professional) to R-25 (Residential, 25 units/acre); and WHEREAS, the Planning staff made recommendation of findings to the City of Tigard Planning Commission at a public hearing on October 3, 1989; and WHEREAS, the Tigard City Council held a public hearing on the proposed changes on November 20, 1989 to review Planning staff and Planning Commission recommendations as well as public testimony. NaA, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all relevant criteria based upon the facts, findings, and conclusions noted below: A. FACTS 1. Location 13265 SW 72nd Avenue. Approximately 5.03 acres located on the west side of SW 72nd Avenue, between SW Varns Street and SW Fir Street (see vicinity map, nage 10) WCTM 2S1 IDB, Tax Lots 800 and 801; WCTM 2S1 IDC, Tax Lot 3600 (portion). 2. Bac ground Information Creation of tax lots 800 and 801 from a single parcel was approved through Minor Land Partition MLP 1-81. The Plan and zoning designations for these parcels were changed from R-7 (Residential, 7,500 square feet minimum lot size) to their current Commercial Professional/C-P designations during city-wide Plan and zoning map revisions in 1983. No other previous land use or development applications regarding these properties have been reviewed by the City. 3. Vicinitv Information Adjacent properties to the north, west, and southwest are zoned R-3.5 (Residential, 3.5 units per acre) and are developed with single family residences. Properties directly south of the site are zoned C-P and are presently vacant or occupied by single family residences. Properties across SW 72nd Avenue from the site are also zoned C-P. These properties are developed with a number of office buildings containing a variety of commercial and professional uses. ORDINANCE NO. 89-3b Page 1, The subject site has 367 feet of frontage on SW 72nd Avenue. SW 72nd Avenue is functionally classified as a major collector street on the City's Transportation Plan Map. SW 72nd Avenue is developed with 44 feet of pavement, curbs, storm drains, streetlights, and a sidewalk along the site's frontage. The site has slightly more than 600 feet of frontage along SW Fir Street. SW Fir Street consists of 20 feet of gravel covered right-of- way which dead ends into the driveways of residences to the south of the site. The Transportation Plan Map designates SW Fir Street as a local street. Fully developed local streets typically consist of 50 feet of public right-of-way improved with full street .improvements. 4. Site Information and Proposal Description The subject property consists of three parcels totalling approximately 5.03 acres, including a 16.5 foot by 630 foot section of tax lot 3600 between SW Fir Street and the other involved parcels. The remainder of tax lot 3600 is not included in the proposed Plan Map Amendment and Zone Change proposal. Tax lot 800 contains a house in its northeastern corner. The other parcels are vacant. The site contains a grove of trees in the northeastern corner of the site. The remainder of the site is mostly open and covered with grasses, weeds, and fruit trees. The parcels are relatively flat with a slight slope towards the east. r The applicants request a Plan Map Amendment from Commercial Professional to Medium High Density Residential and a zone change from C-P (Professional/Administrative Office Commercial) to R-25 (Multiple- Family Residential, 25 Unita Per Acre,, for the subject parcels. Although a development plan for the parcel need no` pe sa mitted for a proposed plan/zone change, a conceptual site plan illust-r:.ting how the site might be developed with a multiple-family residential development has been provided by the applicants. The applicants' intent in providing the conceptual site plan was to illustrate that a multiple- family development which would comply with the Community Development Code's density transition requirements could be constructed on the site. Code Se^tion 18.40.040(A) requires that area within 100 feet of an established area not be developed at a residential density greater than 125 percent of the allowed density (as specified by the Comprehensive Plan designation rather than the current zoning designation) of the adjacent established residential area. For the subject properties, areas within 100 feet of the Rolling Hills Subdivision to the north and west could not be developed at a density greater than 6.25 unite per acre because the maximum density allowed by the Plan's Low Density Residential designation applied to Rolling Hills Is 5 units per acre. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Planning Goals 1, 2, 9, 10, 12, and 13; Tigard Comprehensive Plan policies 2.1.1, 6.1.1, 6.3.2, 6.3.3, 6.5.1`6.6.1, 7.1.2, 7.2.1., 7.4.4, 7.6.1,7.8.1, 8.1.1, 8.1.3, 8.2.2, 9.1.2, oRDINANCE NO. 89-,3D Page 2 I and Chapter 12, Locational Criteria; and the change or mistake quasi-judicial map amendment criteria of both the Comprehensive Plan and Community Development Code. The City Council concludes that the proposal is conoistent with the applicable Statewide Planning Goals and Guidelines based upon the following findings: 1. Goal #1 (Citizen Involvement) is met because the City has adopted a citizen involvement program including review of all development applications by Neighborhood Planning Organizations (NPO). In addition, all public notice requirements have been satisfied for this application. 2. Goal #2 (Land Use Planning) is met because the City has applied all applicable Statewide Planning Goals, City Comprehensive Plan Policies, and Community Development Code requirements to the review of the proposal. 3. Goal #9 (Economy of the State) is satisfied, although the proposal would reduce the City's inventory of developable commercial land, because 1) the reduction of C-P zoned land proposed is not a large amount compared to the total amount of developable C-P zoned land in the immediate area and the Tigard Triangle area; and 2) allowing multi- family development near C-P and I-P zoned developable properties may provide an attractive mix of land uses thereby helping spur commercial and industrial development in the area. Other communities have shown t that such a mix of land uses can successfully co-exist without adversely affecting commercial or industrial growth. The applicants have pointed to the neighboring Kruse way area of Lake Oswego where such a mixture of laid uses exists. 4. Goal t10 (Housing) is satisfied because the proposal will provide for additional housing opportunities as promoted by the City's Comprehensive Plan and the Metropolitan Housing Rule (Oregon Administrative Rules, Chapter 660, Division 7). Approval of the proposal would increase housing opportunities on the City's developable residential lands by a total of 125 dwelling units. Approval would also provide increased opportunities for multi-family development. The Metropolitan Housing Rule requires that the City maintain a minimum housing opportunity rate for developable land of 10 units per acre and a minimum 50/50 opportunity mix for single family and multi-family housing. 5. Goal #12 (Transportation) and Goal #13 (Energy Conservation) would be satisfied through providing the opportunity for an intensive land use near major transportation corridors (Highway 217 and 1-.5) as well as near employment centers. This promotes efficient use of the transportation system thereby promoting energy conservation. The City Council has determined that thL proposal is consistent with applicable portions of the Comprehensive Plan based upon the findings noted below: ORDINANCE NO. 89- Page 3 1. Plan Policy 2.1.1 is satisfied because Neighborhood Planning Organization #5 and surrounding property owners were given notice of the hearing and an opportunity to comment on the proposal. in addition, the applicants have met with the immediate neighbors of the site to present their proposal in advance of the public hearings. 2. Plan Policy 6.1.1 is satisfied because the proposal would provide the opportunity for additional multi-family development and would increase the net housing opportunity on buildable lands in the City. This is detailed in the discussion for Statewide Planning Goal 10 above and the attached memo regarding the effect of both current plan/zone amendment proposals on the City's compliance with the Metropolitan Housing Rule. 3. Plan policies 6.3.2 and 6.3.3 will be satisfied because the proposal would allow for development of the properties in ways that may be more compatible with adjacent established low density residential areas than the currently permitted uses of the C-P zone would be. Future residential development of the parcels will be subject to density transition limitations within 100 feet of the Low Density Residential Plan designated areas to the north and west of the site. These limitations would tend to lessen impacts on adjacent properties to a greater extent than Code requirements applicable to development proposals under the current Plan and zone designations. Both the existing C-P zoning designation and the proposed R-25 zoning designation allow a maximum building height of 45 feet. The C-P zone requires 20 foot side yard and rear yard setbacks from residential zones and thus under the current zoning designation, a 45 foot tall ( building could be constructed within 20 feet of the abutting developed - residential parcels. Because the density transition requirements of Policy 6.3.2(a) and Community Development Code Section 18.40.040(A) would apply if the properties were zoned R-25, it is unlikely that multi-family residential buildings taller than two stories tall would be built within 100 feet of the propetias' boundaries with adjacent developed residential parcels - much less within 20 feet of those properties. The applicants, conceptual site plan illustrates how development of the site might occur in light of the density transfer requirements. While the housing types allowed in the adjacent R-3.5 zone and the R-25 zone proposed for this site may be substantially different, the density transition requirements along with Code requirements regarding landscaping and buffering can be used to make the differing housing types compatible. 4. Plan Policy 6.5.1 will be satisfied through review of a development proposal for the site through the Site Development Review and building permit review processes to assure that developments on the site will not create nuisances and that all buildings will comply with the Uniform Building Code. 5. Plan Policy 6.6.1 will be satisfied through the imposition of buffering and screening requirements of the Community Development Code to any future development proposal for the properties. ORDINANCE NO. 89- Page 4 6. Plan Policies 7.1.2, 7.2.1, 7.4.4, and 7.6.1 are satisfied because adequate public service capacities are available to serve potential development on the properties. 7. Plan Policy 7.8.1 is satisfied because the Tigard School District was informed of this propo•isal. The School District has not commented that the proposed addition of housing opportunities within the District would cause exceeded capacities in the District's schools. The School District has been making plans for increased school capacity through several preliminary school construction and expansion proposals for which funding has been approved through the recent school funding tax levy request. 8. 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 would be satisfied because development resulting from the proposed redesignation of these parcels would tend to reduce the anticipated traffic onto SW 72nd Avenue and other nearby streets as compared to development under the current zoning. SW 72nd Avenue is a major collector street developed with primarily commercial and industrial uses and with good connections to several arterials. Although residential use of the site would be anticipated to generate more nighttime and weekend traffic than most of the permitted uses in the current C-P zone, that traffic would be expected to be on SW 72nd Avenue and not on local streets in the adjacent residential neighborhood. The Engineering Division will review any future development proposal for the property and may require improvements to affected public streets to reduce impacts resulting from future developments. 9. Plan Policy 8.1.3 will be satisfied as a condition of approval of any future development of the properties. Necessary street improvements would be required at the time of development. The City's Engineering Division will review any future development proposals for the properties. 10. Plan Policy 8.2.2 is satisfied because Tri-Met offers bus service on SW 72nd Avenue on which the parcels have frontage. Therefore, the proposed redesignation would locate an intensive type of development within close proximity to an existing public transit route. 11. Plan Policy 9.1.2 is satisfied because the proposed redesignation would provide the opportunity for high density residential development in proximity to transit routes, major highways, and employment centers thereby promoting efficient use of the transportation system and reduced energy consumption. 12. The Locational Criteria specified in Chapter 12 of the Plan for medium- High Density Residential use are satisfied for the following reasons: a. The subject properties are not committed to low density development. b. Density transition, buffering, and screening requirements of the ORDINANCE NO. 89-- Page 6 "ell Community Development Code may be used to help make future development on the subject properties compatible with neighboring low density single family residences to the north and west. C. The subject parcels have direct access to SW 72nd Avenue, a major collector street, and are in close proximity to Highway 217 and I- 5, both which are functionally classified as arterials. d. S,;rioue development limitations affecting the properties, such as steep slopes or poor drainage, are scot evident. Essential public facilities are present to serve future development on the properties and have sufficient capacity to serve any increase in demand caused by development of the site. a. public tranoit is available on SW 72cid Avenue in :,:cont of the site. f. The properties are located within one quarter mile of a business and office center across SW 72nd Avenue from the site. The site is also relatively close to the under-developed Tigard Triangle area which is anticipated to be a major employment center in the future. The applicants point out that there are few multi-family housing opportunities, 6aveloped or undeveloped, within close proximity to this future major employment center. Development of additional housing near the Triangle may result in reduced needs for automobile commuting between home and work. The applicants point to the successes of the Kruse Way corridor to the east a3 an example for the Triangle area of a successful mix of new, high quality office development, mixed density residential development; and limited retail development. Although the site is some distance from convenience retail services at this time, it is quite possible that convenience retail uses may become available as adjacent properties and the Triangle are developed. g. The applicants anticipate that private open space as well as recreational facilities will be provided as part of development of the site. 13. The Locational Criteria for the Commercial Professional Plan designation include a policy of not locating this use type on property which abuts residential districts on more than two sides. The subject property is adjacent to the R-3.5 zone on two and one half sides and therefore the present designation is not in total compliance with this criteria. In order to approve a quasi-judicial amendment to the Plan and zoning maps, 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 (Comprehensive Plan, volume 2,Policy 1.1.1, Implementation Strategy 2; Community Development Code Section 15.22.040(A)). ORDINANCE NO. 89-30 x Page b The applicants assert that a change in circumstances has occurred in that there is now a significant demand for housing opportunities within close proximity to employment centers. This sort of demand was not as evident just a few years ago. Substantial recent growth in the region has led to increased traffic congestion and increased commuting times. Proximity to one's place of employment is now a major factor in deciding where to call home. The housing industry has responded by develop,-.ng all densities of housing close to employment centers. The applicants point to the neighboring Kruse Way area as an example of such a mixed use, mixed residential density area that has developed in recent years. opportunities within the City of Tigard within one mile of the Triangle area for developing any type of housing, especially multi-family housing, are extremely limited except for multi-family development above the first floor in mixed use developments within the Triangle. The City Council concurs with the applicants, assessment of the increased demand for housing opportunities near employment centers. This assessment is based not only upon discussions with potential developers but also on discussions ;with potential residents of the City looking to live nearby their places of employment and with current residents who are concerned with their increased commute times. The Council also has noticed an increase in mixed use developments and less strict segregation of land uses in other cities. Primarily because such mixtures of uses can result in decreased traffic and fuel consumption, the Council supports integration of land uses where it is possible for the uses to harmoniously co-exist through proper site planning. The City Council also believes that a mistake in the original Plan designation for this site in particular as well as mistakes in the Plan Asap city-wide exist that the proposed action can help to rectify. It is difficult to assert that a mistake was made in the Professional/Commercial designation of this particular site in 1983 because of the extensive discussions and deliberations regarding this site that occurred at that time. Nevertheless, the Council believes that the mistake which was made here, and in other locations throughout the City, was that not enough attention was paid to the need for multiple family residential opportunities at locations such as this that are near major employment centers, near commercial centers, near major highway corridors, and near public transit corridors. By locating higher density residential opportunities near employment/commercial centers and with respect to transportation opportunities, reduced dependence on automobile transportation could have been promoted and some of Tigard°s present traffic congestion could have been avoided with positive impacts for the entire City. Instead, the current Pian Asap designates the majority of areas available for new multiple family residential development far from employment and commercial centers. The primary areas that are designated for multi-family housing opportunities are at the far western and southwestern edges of the city. The City Council and Planning Commission are well aware of the difficulties that have arisen as these areas have developed and as rapid growth has hit the city in general. A common complaint in recent years has been the great increase in traffic in the newly developing areas and in developed areas through which the new residents must pass in their travels to I-5, Highway 217, and local employment and commercial centers. Providing multi-family housing opportunities nearer the Triangle, the SW 72nd Avenue Corridor, onvgmcS No. Hg-_3® Page 7 Washington Square/Lincoln Center, the central business district, and near I-5 and Highway 217 can help correct the mistakes of current Plan designations and minimize future traffic congestion. The Council therefore finds that the current designation of this site can be categorized as a mistake in that it represents a lost opportunity to serve the City as a whole through locating multi-family housing opportunities close to typical traffic attractors. Such a redirection will require difficult decisions regarding existing neighborhoods, such as the Rolling Hills neighborhood, but the countl believes that the density transition requirements of the Community Development Code and careful site selection and site plan scrutiny can be utilized to afford compatibility between housing developments of differing intensities. The Council finds that the subject site is ideally located with regard to the Plan's locational criteria for multiple family residential opportunities, especially with respect to proximity to employment centers and highway and transit access. The Council also find that the applicants' conceptual site plan illustrates how the density transition requirement and careful site planning could make high density residential use of this site largely compatible with the adjacent low density residential development. SECTION 2: The City Council reverses the Planning Commission's recommendation for denial and approves the request as illustrated on the Comprehensive Plan Land Use Map and Zoning Map as set forth in Exhibit "A" (map). SECTION 3: This ordinance shall be effective on and after the 31st day after its passage by council, and approval by the Mayor. PASSED: By LCLAJ q N.1�rrx) S vote of all Council members present after being read by number and title only, this ( dk h day of December, 1989. 4itherine Wheatley, Deputy City Re der APPROVED: This �1 � day l of December, 19$x}, �i Y t:rf A. c.it i&VJ1+ Approved as to form: C ty Attorney �Z- 1 ( F� Date CPA89--07.ord/kl ORDINANCE NO. 89-30 Page 8 _s m N v N to 4 o W "' N CO m EXHIBIT "A" M 122.21 k 0444'E 122 /27. ._ 294. ko.a 6 NW 1/4 SE 1/4 SECTION 1 TM Riw W as.s .PeL v v Np) p 3 Q n w m nr q o'J CA Or A7 I 49.2 8' �! NO*41'E 1 �_. - Commercial Professional TO/Amediurn High DensitY 00 z w Ou 118esittetl$1al O _ .__•� Q CO /ap To 2 N w N u m m m 1 43.08' C, 0 u N C4 ro C ro N o to !+ ti c+ N �.41 c®r 0 34.4 a' SO-O9'E 643.26' 42_ ® a s w N - 0 del o m b u O i0 si N • 4 N " 50 5 ypy� n 165.8 1, S Og05'W 122.88' J AVENUE SUE canI - 120.3' _ on Its q `� g� N O yap 12 8 R a� iC.S.18.524) r p., 1 n N OCP 42 E ' 77 iz N W j U m q7 > may{ « I 19$.01 M �/1 0 `1a y ra-,v-r.......,. -. ..