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Ordinance No. 94-12 s CITY Oar TIGARD, OREGON ORDINANCE NO. 94-_ ._ AN ORDINANCE ADOPTING FINDIiNGS AND CONCLUSIONS TO APPROVE A COMPREHENSIVE-PLAN AMENDMENT AND ZONING MAP AMENDMENT REQUESTED BY THE NATIONAL MORTGAGE COMPANY (CPA 94-0001, ZON 94-0001) . i TaHSRBAS, the applicant has requested a Comprehensive Plan and Zone Change Amendments from Commercial Professional to Medium High Density residential, R-25, for a 4.13 acre parcel (WCTM 2S110AC, tax lot 1100) and s .53 acre parcel from General Commercial (WCTM 2S110AC, tax lot 1200) to Medium High Density residential, R-25. SAS, the Planning Commission held a public hearing on April 18, 1994 and concurred with the Planning Division's recommendation for approval; and 2M, the Tigard City Council held a public hearing, on the request June 34, 1994 to review the applicants proposal, the staff report, the Planning Commission recommendation and , to receive public testimony. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consists-nt with all relevant criteria based upon the facts, findings, and conclusions noted in the attached final order and Exhibit A. SECTION 9: The City Council concurs with the Planning Commission and staff recommendations and approves the request to redesignate the parcels illustrated on the attached map, identified as Exhibit "A" with a Comprehensive Plan designation of Medium High Density residential and R-25 zoning. SECTION 3: This ordinance shall be effective 30 days after its passage by the City Council, approval by the Mayor, and posting by the City recorder. ORDINANCE No. 94w Page 1 PASSED; By UAa imous vote of all Council members present after being read by number and title only, this day of1994; 76mal Jnr Catherine Wheatley, C y Recorder APPROVED: This kA day of 1994. Paul Hunt, Council President Approved as to form: Ci Attorn y Date AMW ORDINANCE No. 94---L!-:-- Page 2 EXHIBIT "All CITY OF TIGARD CITY COUNCIL FINAL ORDER A FINAL ORDER INCLUDING} FINDINGS AND CONCLUSIONS WITH REGARD TO AN APPLICATION FOR A COMPREHENSIVE FLAN AMENDMENT AND ZONE CHANGE APPLICATIONS REQUESTED BY TNAE NATIONAL MORTGAGE COMPANY. The Tigard City Council reviewed the application below at a public hearing on June 14, 1994. The City Council approves the request. The Council has based its decision on the facts, findings and conclusions noted below. A. FACTS 1. GENERAL INFORMATION: CASE: Comprehensive Plan ?amendment (CPA 94-000.1 Zone Change ZON 94-0001) . REQUNST: An amendment to redesignate two piornerties from Professional Office and General Commercial on the Comprehensive Plan Map to Medium-High Density ANA Residential and amend the Zoning Map to designate the properties R-25. A,a?PLICANT/ National Mortgage Corporation OWNER: 621 SW Morrison, Suite 705 Portland, OR 97205 AGENT: Planning Resources (Rick Givena) 6564 SE Lake Road Milwaukie, OR 97222 LOCATION: 11240 SW Bull Mountain Road and an adjoining parcel to the west (WCTM 2S110AC, tax lots 1100 and 1200) . The parcels are on the south side of SW Bull Mountain Road, two and three parcels west of the intersection of SW Bull Mountain Road, and STN Pacific Highway. 2. Background Information: The smaller of the two properties is developed with a restaurant and is presently designated for General Commercial use. The restaurant has been unoccupied for STAFF REPORT CPA'94-0001/ZON 94-0001 - NATIONAL MORTGAGE PAGE 1 several years. The larger parcel to the west of the restaurant is presently vacant and is designated for Professional Office use. The City has no record of any previous development applications having been filed for the subject properties. The Comprehensive Plan and zoning designations of adjoining properties to the south and the west were' previously amended from Commercial-Professional to Medium-High Density Residential (R-25) . The Comprehensive Plan Amendment application for the property to the west (CPA 92-0002) was the subject of much neighborhood concern from adjoining property owners of lower density residential areas due to the site's existing Professional Commercial designation, t' e proposed Medium-High Density Residential Designation and traffic congestion problems on SW Buil Mountain Road and SW Pacific Highway. The City Council approved CPA 92-0002 and ZON 92-0002 on September 9, 1992. The City Council found that due to the site's steep topography and proximity to transit and other services available on SW Pacific Highway that a Medium High Density residential designation was an appropriate designation for the site. The City Council also found that medical and office professional business park uses were largely precluded due to development of the Wellington Estates Condominiums. It was noted that with the combination of the Wellington Estates property which also was amended from Professional Commercial to High Density Residential (CPA 84-0004 and ZON 84-0004, the Anderson Property (CPA 92. 0002 and ZON 92-0002) and the subject properties that uue to their location, total acreage and favorable site topugyaphy the area was attractive for an office park. Direct access to both SW Beef Bend Road and SW Bull Mountain Road may have also been possible by consolidating several parcels. Because: the Wellington Estates Property was developed with condominiums the City Council found that other properties in the area zoned for Professional Commercial use were not as likely to be developed as such. On April 25, 1994 the Planning Commission recommended approval of the proposed Comprehensive Plan Map and Zone Change (CPA 94-0001 and ZON 94-0001) . At that public hearing the applicant presented a detailed traffic study for the site assuming a 93 unit residential project. The study found that ample capacity was STAFF REPORT CPA 94-0001/ZON 94-0001 - NATIONAL MORTGAGE PAGE 2 available under either zoning classification. The report recommended a review of a left turn refuge on SW Bull Mountain Road during the design phase of future development applications for these properties. 3. Propgoal Descrintion: The applicant requests Comprehensive Plan Map Amendments for one vacant 4.14 acre parcel from Professional Commercial to Medium High density residential. The applicant has also requested that a restaurant located on a .53 acre adjoining parcel be changed from General Commercial to Medium-High Density Residential. In conjunction with this request, the applicant has asked that the zoning designation for these parcels be changed from Commercial-Professional and General-Commercial to R- 25. 4. Site and Vicinity information: To the east of the subject parcels is an existing Texaco Service Station and Car Wash. To the west of the site is a 2.84 acre vacant property and a .35 acre property developed with a single family residence which are both designated for Medium-High Density Residential use as Ask amended through CPA 92-0002 and ZON 92-0002. To the north-is Christ the King Lutheran Church, a single family home, and vacant residential property. To the south is the Wellington Estates Condominium complex and the newly developing Helm Height subdivision which has been partially developed with single family residences. The developed restaurant property has frontage on two streets. One is a closed access road parallel to SW Pacific Highway. The property presently has frontage and direct access through a driveway from SW Bull Mountain Road. The larger up-developed parcel to the west of the restaurant has direct frontage on SW Bull Mountain Road. 5 Agency and CIT Comments Two neighborhood meetings were held concerning this application. Due to its location in proximity to thrqe CIT areas, the facilitators of the Central, South and West CIT's were notified of this request. The applicants and persons attending this meeting state that many of the primary issues brought up at the meeting were concerns over use of the properties for either their current commercial zoning designation or the proposed residential zoning due to traffic impacts to the intersection. of SW STAFF REPORT - CPA 94-0001/ZOP. 94-0001 - NATIONAL MORTGAGE PAGE 3 Bull Mountain Road and SW Pacific Highway. The residents were also concerned about the number of future driveways which could exist if the vacant 4.13 acre subject site and the property to the wr-st were developed along with the existing restaurant and Texaco Station driveways. The Oregon Department of Transportation has reviewed this request and stated that at the time of development pedestrian and bicycle improvements will be required along the property frontage on SW Pacific Highway. The Water Department reviewed this application and stated that water service to serge this property must be extended from the eastern boundary of the Aspen Ridge Subdivision, where a 12 inch water main is available with adequate pressure. The Water Department stated that the 12 inch water main along the frontage road (parallel to SW Pacific Highway) does not have adequate pressure to serve the site due to the hydraulic gradient. The six inch water main on Sid Bull Mountain Road is also inadequate due to both hydraulic gradient and ability to provide sufficient fire flows. The Maintenance Services Department stated that the site contains numerous existing springs which need to be taken into account when designing the storm drainage system for future development on the site. Future development applications will address drainage issues in detail. A copy of this request was also provided to the Engineering Department, the Long Range Planning Division, the Building Department, the Police Department, the Fire District, General Telephone, Northwest Natural Gas, DLCD, TRI-MET and METRO. The Planning Division has not received any other comments or objections. B. FINDINGS AND CONCLUSIONS The following criteria are applicable to this proposal: Statewide Planning Goals 1, 2, 9, 10, 11, 12, and 13; City of Tigard Comprehensive Plan Policies 1.1.2, 2.1.1, 6.1.1, 7.1.2, 7.6.1, 8.1.1, 8.2.2, 9.1.2, 9.1.3, 12 .1.1; and City of Tigard Community Development Code Chapters 18.22 and 18.32 The application is consistent with Statewide Planning Goal #1 (Citizen Involvement), and Tigard Comprehensive Plan Policy 2.1.1. The applicant conducted a neighborhood meeting on March 17, 1994 at Christ the King Lutheran Chuch across the street from the subject properties. Due to its location adjoining three Citizen STAFF REPORT CPA 94-0001/ZON 94-0001 14ATIONAL MORTGAGE PAGE 4 Involvement Team Areas (CIT's) , CIT Facilitators from the South, East and West areas were notified of the meeting. In addition to the Planning Commission Public Hearing an opportunity for citizen input will also be provided at the City Council Public Hearing for, this application. Statewide Planning Goal #2 (Land Use Planning) and the Quasi-Judicial Comprehensive Plan Map amendment and Zone Change approval standards of Code Section 18.22. , 18.32 and Comprehensive Plan Policy 1.1.2 are supported because the City has considered all applicable Statewide Planning Goals, City of Tigard Comprehensive Plan Policies and Community Development Code requirements in the review of this request. Other affected agencies including TRI-MET, the Oregon Department of Land Conse--_-cation and Development, the Oregon Department of Transportation and METRO. Service and utility agencies have also been notified of this proposal. Statewide Planning Goal #9 (Economy of the State) is supported by this proposal because development of these parcels as multiple family residential sites may result in a greater percentage of other local properties zoned. for General Commercial to be used fo-- professional offices. The veneral Commercial zone permits office uses. The economy of the State is al-co supported because the proposed land use would provide a range of housing at various prices. Due to the density allowed it is assumed that the housing developed on these properties would be more affordable than nearby detached single family residential areas. The applicant states that the vacant 4.13 acre parcel has been available for development since 1980 and has stated that they have had no interest expressed for development under the existing zoning designation. The City also has no record of any previous development applications having been filed for this site. The applicant also states that local construction jobs and building materials purchases may _provide for further support for the economy as a result of this amendment. Statewide Planning Goal #10 (Housing) is supported by the Oregon Metropolitan Rule (Oregon Administrative Rules, Chapter 660, Division 7) . The Metropolitan Housing Rule requires that the City maintain the opportunity for 10 dwelling units per acre. The City must also provide the opportunity for a mix of 50% multiple family housing to 50% single family housing.. Previous studies have found that approximately 56% of all housing in Tigard consists of single family detached dwellings. Approval of this proposal will increase the possibility of providing STAFF REPORT - OLA 94--0001/ZON 94-0001 NATIONAL MORTGAGE PAGE 5 closer to wane to one ratio of single.family to multiple family housing. Previous studies and subsequent Comprehensive Plan Map and Zoning Map changes since 1984 have maintained an opportunity for slightly over 10.20 dwelling units per acre. The proposed amendment would further increase the density of residentially zoned property within the City beyond 10 units to the acre. A Housing Affordability Study prepared by Washington County, dated December 1993, stated that multiple-family residential housing is not being built in sufficient numbers throughout the County's to satisfy the expanding population. The report stated that rents are high by historic standards, and vacancy rates for small to average sized apartments are low to zero in the Tigard, Tualatin, Sherwood metro area. Statewide Planning Goal #11 (Public Facilities and Services) has been met because adequate public facilities exist presently or can be extended to serve the proposed residential densities. Statewide Planning Goal #12 (Transportation) has been addressed because the applicant has shown that based on trip generation studies that Medium-High residential (developed at 25 dwelling units per acre) would create 30 to 50%- fewer trips than either general office or medical offices. This does not address issues related to commuting travel which can be shortened or avoided by the use of the site as a work place destination. It is anticipated that residents of the Bull Mountain Area will require longer commuting trips to access commercial- profeasional sites. Due to other factors outlined within this report these specific properties have not been viewed as 'viable for either office or commercial uses. The site has direct frontage on SW Bull Mountain Road which is a major collector street. Specific design concerns related to development of this site and other adjoining properties will be addressed through the site development review process under either the current land use designation or the proposed designation. The site is appropriate for residential uses in part because mass transit bus service is presently available on SW Pacific Highway which is, less than 300 feet from the property. Comprehensive Plan Policy 6.1.1 states that the City shall provide an opportunity for a diversity of housing densities and residential types at various prices and STAFF REPORT - CPA'94-0001/ZON 94-0001 - NATIONAL MORTGAGE PAGE 6 rent levels. This policy is supported by the proposed amendment due to the ability for the .site to be need for a variety of residential types. The Community Development Code also permits a range of dwelling unit densities to be developed up to 25 units per acre. Comprehensive Plan Policy 7.1.2 states that as a pre- condition to development approval, adequate service capacity shall be made available for all public utilities. The: City sahall also ensure that utilities are capable of serving all intervening properties and that all utilities shall be placed underground. In support of this policy serving utility agencies were notified of this application and have indicated that service is available or can be extended to serve the proposed land use type. Comprehensive Plan Policy 7.6.1 states that all new development shall be provided with adequate water pressure for fire protection purposes. This policy has been supported because the Water Department was informed of this application and stated that adequate water pressure can be made available to the site upon development. Comprehensive Plan Policy 8.1.1 states that the City shall plan for a safe, efficient street and roadway system that meets current needs and anticipated future growth and development This amendment supports this policy because the applicant has demonstrated that this change will result in a net decrease in traffic generation during peak travel periods. Comprehensive Plan Policy 8.2.2 states that the City shall encourage the expansion and use of public transit by: a. Locating lard intensive uses in close proximity to transit ways; b. Incorporating provisions into the Development Cede which require development proposals to provide transit facilities; and c. Supporting efforts by TRI-MET and other groups to provide for the needs of the transportation disdvantaged. This boli:y is supported by this amendment due to the proximity of the site to a mass transit route and commercial ares located on SW Pacific Highway. SW STAFF REPORT - CPA 94-0003/ZON 94-0001 - NATIONAL MORTGAGE PAGE 7 Pacific Highway is approximately 300 feet from the subject properties. In support of sections b and c of this policy Section 18.120.180 (12) of the Community Development Code, requires that future development which is adjacent to existing or proposed transit routes make provisions through the Site Development Review process for .on site transit facilities. Comprehensive Plan Policies 9.1.2 and 9.1.3 state that the City shall establish a balanced and efficient transportation system which is designed to complement the land use plan and is designed to minimize energy impacts. The City shall encourage energy conservation design and construction. These policies are supported because the proposed land use allows Medium-High Density residential uses near major goods and services and mass transit service. It is anticipated that a greater percentage of General Commercial zoned property will be used for professional office uses. Several such developments are existing within this area both within the City of Tigard and King City on SW Pacific Highway. The proposal is consistent with applicable policies of the Comprehensive Plan set forth in locational criteria 12.1.1 for Medium High Density residential based upon the following findings: a. The Comprehensive Plan requires that property proposed to be rezoned for Medium High Density residential use not presently be designated for Low Density Residential development. The properties are presently zoned for Professional Office and General Commercial use. b. The Comprehensive Plan requires that Medium High Density residential areas be buffered. from lova density residential areas. Through the site development :review process the site can be buffered from the existing single family residential use west of the vacant property. C. The Comprehensive Pian requires that Medium High Density residential areas have access to a major collector or arterial street. The subject parcels have direct access to SW Bull Mountain Road which is a major collector street. The properties are also within 217 to 300 feet of SW Pacific highway which is classified as an arterial street. d. The Comprehensive Plan requires that Medium Density residential sites not have serious development STAFF REPORT - CPA 94-0001/70N 94-0001 - NATIONAL MORTGAGE PAGE 8 limitations such as flood plains, excessively steep. slopes (in excess of 25%) or poor drainage conditions. The site has slopes which range from 8 to 15% but construction of smaller residential structures is not expected to require as much site grading as compared with larger professional office structures. e. The Comprehensive Plan requires that existing facilities have the capacity for additional development. Essential public facilities are existing nearby to serve future development of the properties. Extension of utilities will be necessary upon development of the site. Service and utility agencies have not provided objections to extension of service to this property for this change in land -use type. f. The Comprehensive Plan requires that transit be available within one quarter mile of the property. Public transit is available within 300 feet on SW Pacific Highway. g. The Comprehensive Plan requires that Medium High Density residential properties be located within one-quarter mile of commercial goods and services. The properties are adjacent to incidental commercial services at the adjoining Texaco Station. The properties are also less than one- quarter mile from commercial goods and services at the Canterbury Square Shopping Center. h. The Comprehensive Plan requires that the Medium High Density reside :tial '.tes be located within one-quarter :,dile of either private or public permanent open space areas. Tl e Par;:: and Trail Master Man identifies this part of the City as a target area for future park sites. There are no exioting parks within one mile of the slte.. The Community Development Code recruires that upon site development that a minimum of 20% of Medium High Density residential sites be developed with landscaped areas. The Code also requires that a minimum of 200 to 300 square faet of open space area for each dwelling unit be provided for either outdoor open space or recreational facilities. In order to approve a quasi-judicialamendment to the Comprehensive Plan Map Policy 1.1.1. states that the City nust find that there is evidence of a change in the neighborhood or community which affects the subject STAFF REPORT CPA 94-0001/ZON 94-0001 NATIONAL MORTGAGE PAGE 9 parcel. ' The planned land uses in the adjoining area has changed considerably due to Comprehensi:'e Plan Map Amendments previously enumerated in this report. Due to the topography of the vacant site which ranges from 8 to 15%, this specific area is more appropriate for smaller residential structures than larger office buildings. It is anticipated that less overall grading will be necessary to accomodate residential uses than commercial uses. Upon review no mistake can be said to have been found in the original zoning designation. Instead, Comprehensive Plan Amendments to adjoing properties within the area, construction of the Wellington Estates Project and difficult site topography of the remaining parcels conflict with the current land use designations of the subject properties. C. DACISION The City Council approves the requested Comprehensive Plan Amendment for Washington County Tax Map properties 2S110AC, tax lots 01 .00 and 01200 from General Commercial and Professional Office respectively tc Medium-High Density Residential, R--25. The City Council finds that the change will promote the general welfare of the City and will not be significantly detrimental or injurious to surrounding land uses. It is further ordered that the applicant and parties to these proceedings be notified of the entry of this order. STAFF REPORT = CPA 04-0001/ZON 94-0001 NATIONAL MORTGAGE PAGE 10