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Ordinance No. 92-24 CITY OF TIGARD, ORE Ok�T ORDINANCE NO. 92- ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE A MPREHENSIVE PLAN AMENDMENT REQUESTED BY PHYLLIS ANDERSON (CPA 92- 0?02) . W IE Au, the applicant has requested a Co;apr4he„siva plan Amendment from Cpmmercial Professional (3.19 acres, WCTM 2S1 10AC, tax lots 1.300 aii%d 1400) and Low Density Residential (3.04 acre portion of WCTM 2S1 10DB, tax lot 2100) to Medium-High Density Residential; and WHEREAS, the Planning staff made recommendations of findings to the City of Tigard Planning Commission at a public hearing of April 20, 1992; and WHEREAS, the Tigard City Council held public hearing on the proposed changes on May 12, 1992 and August 11, 1992, to review Planning staff ad Planning Commission recommendations, as well as public testimony. T E CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all relevant criteria based upon the facts, findings, and conclusions noted in the attached staff report and packet, identified as Exhibit "A". Section 2: The City Council concurs with the staff recommendations and approves the request to redesignate the parcels illustrated on the attached map, identified as Exhibit "B" with a Comprehensive Plan designation of Medium-High Density Residential. This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. f PASSED: By U/n CL/YL�llyl_ �.e� vote of all Council members present after being read by number and title only, this day of -e� , 1992. Y. Cat'lierine Wheatley, City Rdborder APPROVED: This day f ' , 1992. I A4 era d R. dwards, Mayor Appr ved as to f r�u1 City Attorn y Date ORDINANCE No. 92- j Page 1 EXHIBIT "A" r. CITY OF TIGARD CITY COUNCIL FINAL ORDER ! A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH INCLUDES FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT RLOUESTED BY PHI-LLIS ANDERSON. 4 The Tigard City Council reviewed the application described below at a public hearing on August 81 1992. The Council approves the request. The Council hats based its decision on the facts, findings, and conclusions noted below. F A. FACTS 1. General Information i CASE: Comprehensive Plan Amendment CPA 92-0092 REQUEST: Plan Map Amendment from Commercial Professional (3.19 acres) and Low Density Residential (3.04 acres) to Medium-High Density Residential. APPLICANT/OWNER: Phyllis Anderson c/o Roger Anderson 8865 SW Center Street Tigard, OR 97223 AGENT: -Planning Resources, Inc. (Rick Givens) 6564 Lake Road Milwaukie, OR 97222 ' s LOCATION: 11550 SW Bull Mountain Road and abutting properties. The frontage of the site extends from approximately 500 feet to 1000 feet west of SW Pacific Highway. PROPERTY DESCRIPTION: WCTM 2S1 10AC, Tax Lots 1300 and 1400; approximately 3.04 acres of WCTM 2S1 1ODB Tax Lot 2100. 5 CURRENT ZONING: Washington County's R-6 zone (Residential, 6 units per acre) 2. Background Information The subject properties are within Washington County but are within the City of Tigard's planning area under the terms of the long- } standing intergovernmental agreement between the City and County. The City of Tigard's Comprehensive Plan Map designates tax lots 1300 and 1400 for Commercial Professional use and tax lot 2100 for Low � Density Residential use (See attached City of Tigard Comprehensive ' Plan Land Use Map). Washington County currently has all of the subject properties zoned R-6 (Residential, 6 units per acre). The owner of the subject properties has petitioned the City and the f Portland Metropolitan Area Boundary Commission for annexation of 4 these properties to the City of Tigard. The City Council and Boundary Commission reviews of the annexation request are yet to be scheduled. On April 20, 1992, the Manning Commission reviewed this application at a public hearing. At that time, however, the proposed redesignation to Medium-high Density Residential included approximately 1.5 acres of additional currently designated Low Density Residential land on the western portion of this site. The Planning Commission unanimously recommended denial of the application as it was proposed at that time. Staff has reported, however, that the Commission seemed to feel that the proposal had much merit except for its potential to place multi-family residential development next to an existing single family ne1C3l11Di7113V{Ju C"'U.T.wal tv ti -_-C'g..bOrC ...'.r..Ct.et+0-9forthe e'_.1k4-"t site. The neighbors, a .# b g expectations, however, did not appear to be consistent with the current Plan designation for commercial development of the site. The Commission briefly considered what other Plan designations might be more appropriate for the site rather than either the current and proposed Plan designations, but the Commission did not make a recommendation on this alternative. The application was forwarded to the City Council for review at the Council's May 12, 1992 meeting. Prior to the Council receiving oral comments on the proposal, the applicant requested that the Council's hearing on the item be continued to allow the applicant to meet with neighbors of the site to see if modifications to the proposal could be made that might make the request more acceptable to the commi.nity. On July 9, 1992, the applicant submitted the current revised request and the revised applicant's statement. The applicant also requested a further continuance of the Council's hearing on this matter to allow the community and the City's staff time to respond to the revised request. The Council continued the hearing to August 11, 1992. City staff prepared and :nailed a revised notice of the Council's August 8, 1992 hearing on this iters to clearly reflect the changed application. 3. Proposal Description The applicant requests a Plan Map Amendment from Commercial Professional to Medium High Density Residential for the 3.19 acres f included in tax lots 1300 and 1400. In addition, the applicant requests a Plan Map Amendment from Low Density Residential to Medium High Density;Residential for a x pproximately 3.03 acres included in tax lot 2100. Washington County's R-6 zoning for these properties would not be affected by the proposed Comprehensive Plan Amendment; however, the zoning is proposed to be changed through the annexation request that is pending. The application package includes a revised applicant's statement prepared by Planning Resources, Inc. dated July 9, 1992 and a traffic study prepared by Meech Associates, Inc. in support of the application. The applicant's statement assumes that R-25 zoning would be applied upon annexation to implement the Medium-High Density Residential Comprehensive Plan designation. } a Page 2 3 4. Site and Vi,2„Dity information The applicants statement at pages 2 and 3 includes details on existing development on the subject properties and surrounding area as well as information on public facilities available to serve future redevelopment of the site. 5. A-gencv and NPO Comments The Oregon Department of Transportation-Highway Division, the Tualatin Valley Fire and Rescue District, Tigard School District 23J, the City of Tigard Building Division, PGB, GTE, and the Tigard Water District have reviewed the proposal and have offered no objections to the proposed redesignation. The Tigard Water District, however, notes that any future development of the site above elevation 295 above mean Beg level u!Mdz a,-, 4 Liao existing or proposed zoning, will require an extension of the water main from the west in order to have adequate water pressure. NPO #3 has submitted revised comments supporting the proposed redesignation, as long as the applicant enters into the agreement reached with neighbors of the site to reduce the area proposed for redesignation. However, the NPO questions whether there is adequate sight distance along Bull Mountain Road to allow for intensive development, of this property and desires that the City carefully review this issue when development plans are submitted for the site. The NPO also comments that access for this property should be coordinated with properties to the east of these properties if possible. Vicki Artis, Robert Ball, Herbert Moreno, and Mimi Stover - neighbors of the subject properties and CPO 4B submitted letters to the Planning Commission in opposition to the original proposal. These letters have been provided to the Council. B. FINDINGS AND CONCLUSIONS The City Council finds that the relevant criteria ,in this case are Statewide Planning Goals 1, 2, 9, 10, 11, 12, and 13; Tigard Comprehensive Plan policies 2.1.1, 6.1.1, 7.1.2, 7.6.1, 8.1.1, 8.2.2, 9.1.2 and 9.1.3, and Chapter 12.1.1, the locational criteria for residential Plan designations; and the change or mistake quasi-judicial map amendment criteria of both Comprehensive Plan Policy 1.1.2 and Community Development Code Chapter 18.22. The City Council concludes that the proposal is consistent with the applicable Statewide Planning Goals and Guidelines based upon the following findings: 1. Statewide Planning Goal #1 (Citizen Involvement) and Tigard Comprehensive Plan Policy 2.1.1 are supported because the City has adopted a Citizen involvement program including review of all land use and development applications by City established neighborhood s Page 3 i R planning organizations (.*Me) and nearby Washington County established community planning organizations (CFOs). NPO #3 and CPO #48 have been provided with an opportunity to review both the original proposal and the revised proposal submitted on July 9, 1992. The NPO°s comments have been reported above. No comments were received from the CPO with regard to the revised proposal. In addition, all public notice requirements related to this application have been satisfied. 2. Statewide Planning Goal #2 (band Use Planning) and the quasi- judicial plan and zone change approval standards of Code Section 18.22.040 and Implementation Strategy 2 under Plan Policy 1.1.2 are supported because the City has applied all applicable Statewide Planning Goals, City of Tigard Comprehensive Plan Policies, and Community Development Code tv the review of this proposal, as described. in this report. The City of Tigard has notified other affected units of government including Washington County, the Oregon Department of Transportation Highway Division, and the Oregon Department of Land Conservation and Development of the proposal. Service and utility providing agencies have also been notified of the proposal. 3. Goal #9 (Economy of the State) is supported by the proposal, although the proposal would reduce the City's inventory of developable commercial land, because: a. The reduction in Commercial Professional designated land proposed is not a large amount compared to the total amount of developable Commercial Professional designated land in the city. City staff are not aware of any prior- significant interest by others in development of tax lots 1300 and 1400 with uses permitted by the current Commercial Professional Plan designation applied to a portion of the site, or development of other properties in the general area of the site with uses permitted by the C-P zone. The amount of undeveloped and under-developed Cor.-amerciai Professional designated properties in the City may indicates that the proposed redesignation will not result in a shortage of a needed type of commercial opportunity. b. The proposedredesignation of the Commercial Professional portion of this site may viewed by some as short sighted in that long range planning interests, such as the Regional Urban Growth Goals and Objectives program of Metro, urge the integration of employment opportunities in close proximity to housing opportunities. Removing the opportunity for development of office development of this site which is close to a Targe, strictly residential area to the west may be viewed as contrary to those goals and objectives. on the other hand, the Council finds that allowing multi- family development on this site near other commercially zoned developable, or developed but under-utilized, properties may provide;an attractive mix of land uses thereby helping epur further commercial development in the general area, although these other nearby properties are designated for General Commercial use rather than Professional commercial use. In Page 4 that way, the City finds that the proposed redesignation is supportive of the Regional urban Growth Goals and objectives through supporting existing commercial development adjacent to residential areas. A. Goal #10 (Housing) is supported 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). 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 affix for single family and multi-family housing. Approval of the proposal will increase the inventory of developable residential land within the City's planning area by 3.19 acres and will provide increased housing opportunities on the City's developable residential lands by a total of 135 diwailing units (at this maximum density for this site of 25 units per acre). This will increase the City's housing opportunity rate further beyond the 10 units per acre standard. (NOTE: updated inventory of developable residential lands includes 13,371 developable units based on assigned Comprehensive Plan designations, 1298 developable acres, and a housing opportunity of 10.3 units per acre). Approval will also provide increased opportunities for multi-family development relative to single family only opportunities. S. The proposal is consistent with the public facility objectives of Goal #11 (Public Facilities and Services) because adequate public facilities presently exist at or near the site to serve development at the residential densities proposed by the requested Plan amendment. As noted by the Water District, however, special attention will need to be paid to the design of water facilities to serve development of this site due to the site's topography. The City's Eng�.neering Department has echoed this concern with regard to future specific design considerations related: to storm drainage and sanitary sewers, although the overall storm sewer system and the sanitary sewer systems have adequate capacity to serve development of the site under either the proposed or current Plan designations. 6. Goal #12 (Transportation) and Goal #13 (Energy Conservation) are satisfied through providing the Plan change providing an opportunity ' for an intensive land use (multi-family development) to be located adjacent to a major transportation corridor (Pacific Highway) that presently is served by Tri-Met buses. In addition, the requested redesignation will provide housing opportunities near a substantial amount of existing retail and service opportunities (Canterbury Square shopping center).- The convenience of nearby tranuit service . and commercial opportunities to a higher density residential development can result in lesser needs for individual vehicle trips on overcrowded roads and a companion benefit of lesser energy resource use. Therefore, the land use pattern that would be furthered by the proposal is supportive of these Statewide Goals. The subject site is located along a major collector street, SW Bull Mountain Road. Specific design concerns related to access to this road will need to be considered in the development review process for future development of the site under either the current or proposed Plan designations. Page 5 Y The City Council finds that the proposal is consistent with applicable policies of the Comprehensive Plan based upon the findings noted below: 7. Plan Policy 6.1.1 is supported because the .redesignation will provide the opportunity for additional multi-family development and will increase the net housing opportunity on buildable lands in the City. This is detailed in the discussion for Statewide Planning Goal 10 above. 8. Plan Policies 7.1.2 and 7.6.1 are satisfied because adequate public water, sewer, storm sewer, fire and rescue, and police service capacities are available to serve potential development on the a subject properties. Specific concerns related to extenaicr, of utility services to the a{t_ :Zr andiysis of storm drainage provisions will need to be considered in the development review processes for future development of the site. 9. 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. Theoretical traffic generation figures for development of typical uses and intensities under the current and proposed Plan designations are relatively similar. The traffic study submitted by the applicant assumes development of the current Commercial Professional designated portion of the site with medical I and dental offices which has a high traffic potential. Because of this assumption, the traffic study is able to conclude that development under the proposed multi-family residential redesignation would result in less traffic than development under the current mix of Plan designations. While this might be true for a comparison of "worst case" development situations, it is difficult to make assumptions at this point with regard to actual types or intensities of development under either the current or proposed Plan designations.- However, the Council finds that the requested change should not u:2u6au«..<. -- the objectives of Plan policy 8.1.1 due to the absence of an increase in anticipated traffic levein. Questions related to adequacy of sight distance and necessary street improvements sb+ou A not i.� _ -'.` ..{�L wta _ �_ h t::: proposed redesignation would not appear to significantly affect traffic potential from the site. These issues will need to be reviewed closely under the site development review process for any development of the site. 4; 10. Plan Policies 8.2.2 and 9.1.2 are satisfied because Tri-Flet offers bus service on SW Pacific Highway approximately 500 feet from the 4 eastern edge of the site. 3n addition, a variety of commercial and service opportunities exist along SW Pacific Highway relatively close to the site. Therefore, the proposed redesignation would locate an intensive type of development within close proximity to an existing public transit route and needed retail services supportive or residents, needs, thereby encouraging a reduction in energy consumption as compared to typical suburban development patterns. 11. Plan Policy 9.1.3 is supported because the requested redesignation would allow for the possible development of passive solar designed multi-family residential units maximizing the sites south facing orientation thereby resulting in reduced energy consumption as Page 6 r r ,. r compared to building residential units at a 1680 favorably situated site. This is not to say that the eame benefits could not result Y from development of various uses under the Commercial Professional Plan designations. 12. The locational criteria specified in Plan Policy 12.1.1 for Medium- High Density Residential use are satisfied for the fallowing reasons: a. The subject properties are not committed to low density development. As the applicants statement points out, the surrounding area contains quite a mixture of land uses including multi-family residential development immediately to the south. b. Density transition, buffering, and screening requirements of the 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. In addition, topography and existing trees could also be utilized to buffer multi-family usage on this site from those neighboring single family residential areas. C. The subject parcels have direct access to SW Bull Mountain Road, a major collector street. The subject properties are ! also in close proximity to SW Pacific Highway which is functionally classified as an arterial street. s d. Serious development limitations affecting the properties, such as flood plains, excessively steep slopes or poor drainage, are not evident. The site does contain steep slopes, but these slopes are not anticipated to negatively impact the residential developability of the site. e. Essential public facilities are present to serve future development on the properties, although extensions of some service facilities to the site itself will be .neceaswi 13. in order to approve a quasi-judicial amendment to the Plan's land use map, the City must also find that there is evidence of a Physical 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 Coda Section 18.22.040(A)). The applicant's statement at page 5 asserts that a mist- waa made in the oriainat desig atio_ '- �••..•.,��.,., of a portion of the site with the Commercial Professional Plan denignation in that office building development is often difficult to accomplish on hillside sites. Portions of the subject site contain slopes of approximately 15 percent grade. The applicant states that multi-family development can be more readily accommodated on steep sites because of the use of smaller buildings than typical office buildings and the ability to step foundations between units. The applicant's statement asserts that "the presence of a steep hillside on this property constitutes a development limitation for which the 1983 designation did not account and, therefore, the application of the c-P designation to this site should be considered a flaw, or mistake, in that plan designation." The Council concurs with the applicant that the substantial slope of 15 to 25 percent on portions of this site is typically not conducive for typical office development. As was recently demonstrated by the Council's approval of the Triad apartment site plain, slopes similar to the subject site's can be conducive, and actually attractive, for multi-family development. The Council therefore finds that a mistake was apparently made in designating a portion of the subject site Commercial Professional due to the development limitations imposed by the site's slope on the construction of typical office buildings found in that zone. The applicant also has argued that the Plan Amendment and Zone Change (file #CPA 4-84/ZC4-84, approved May 14, 1984) and subsequent development of the Wellington Estates condominium complex which occurred subsequent to the original designation of the subject properties with their current Plan deoiglations constitutes a substantial change in circumstances in the neighborhood of the site that affects the subject properties. CPA 4-84 redesignated the Wellington Estates site from the Commercial Professional Plan designation to High Density Residential with R-40 zoning. The 6 current applicant's statement says that "the elimination of this area of potential office development seriously eroded the feasibility of developing an office park in this area as it removed access to Beef Bend Road. As a result, all of the impact of office ' related traffic would fall upon Bull Mountain Road rather than being split between two intersections with Highway 99W." Staff testified a - that comments from residents of the subject area indicates that this potential traffic impact, coupled with what the neighbors perceive as an intrusion of commercial development into a residential area, would be very undesirable to the neighbors. The Council concurs that the rezoning of the Wellington Estates site and the subsequent developmecit of apartments on the Wellington site was certainly a change in physical circumstances affecting this area. This change has removed the potential for developing these Page 8 { 1 s i parcels jointly with a possible road connection to Beef Bend Road. In addition, the current application has made neighbors of the subject site aware of the site's current Plan designation and its potential for office development. Many neighbors were apparently unaware of this development potential and have essentially opposed not only the proposed Plan redesignation to Medium-high Density Residential but also the current Plan designation bsc=Auee of potential traffic conflicts aad feelings of incompatibility between differing land uses. These neighbors should understand that due to the proximity of this area to Pacific Highway and the intensive development that necessarily exists along such a roadway, there has to be some interface between different land uses in this area. That interface has previously been established by the Comprehensive Plan to bisect the Anderson properties in the boundary between Commercial Professional and Low Density Residential designations. It would be very difficult for the City to now down-zone the higher intensity designated, but as yet undeveloped properties so as to move this interface between uses further eastward to "protect" the low density uses to the west but to diminish the values of these properties. However, the current proposal offers to replace the current potential for office development with a possibly more acceptable potential use from the neighbors, perspectives. while this change in the neighbors' awareness of the current development potential of the subject site, and possibly a change in what the neighbors feel is an acceptable neighboring land use, are not changes in physical circumstances, these circumstances certainly are relevant information for the City council to consider in considering a modification to the Plan designation of the subject site. The applicant has offered to change this application from how it was — originally proposed to essentially ;Uarantaa a physicai separation between existing low-density residential development owned by others and thepotentialmulti-family development on the subject site through removing some of the applicant's property from consideration for intensification. This also should result in a less significant increase in traffic on Bull Mountain Road upon development of the site than was assumed in the applicant's traffic study. This change in the application should Y .e to ms,.e the Curr6iaar^gie8awere acceptable to the neighbors than has been reflected in the earlier comments received by the Planning Commission and City Council. C. DECISION The Tigard City councii concludes that the requested Comprehensive Plan Amendment will promote the general welfare of the City and will not be significantly detrimental non injurious to surrounding land uses, provided that development that occurs after this decision complies with applicable local state and federal laws. In recognition of the findings and conclusions contained herein, and incorporating the staff report and other reports of affected agencies and public testimony and exhibits received in this. matter, the Council approves the requested Plan Map Amendment from Commercial Professional to Medium High Density Residential for the 3.19 acres included in tax lots 1300 and 1400 and from Low Density Residential to Medium High Density r Residential for approximately 3.03 acres included in tax lot 2100 (See lz Page 9 Exhibit B). Because the redesignation will result in a split Plan designation for tax lot 2100, approval of the redesignation request is conditioned upon the applicant adjusting the property boundaries for this tax lot through either a lot line adjustment or minor land partition prior to or concurrent with any development application for the laarcel. It is further ordered that the applicant and parties to these proceedings be notified of the entry of this order. PASSM This day of August, 1992, by the City Council of the City of Tigard. Gerald Edwards, Mayor Tigard City Council Page 10 f . �....... •} : r'1 EXHIBIT "B' rc:5 1 1-C I A _•- . � SIJ Y ... P=��' 200 w'f }tom c MY t� ~ 31 .' �:s� o.•7 7,y�°�! r' f� �� _ � :fi? � .'.s+dr.•-'/'P_ � �R,..-. `t"-`a:��'�i2f0�4:° +Ge C ••y !Y1'"7r"P -: �+t�. n' ,. � // 1200 ® �, 9iLb ,,...a..r•• tel. 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