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Resolution No. 82-12 j RESOLUTION NO. 82- /.2 BEFORE THE CITY COUNCIL OF TIGARD, OREGON IN RE: Appeal of AMART ) CPR 15-81 DEVELOPMENT, LTD. ) FINAL ORDER THIS MATTER came before the Tigard City Council for a public hearing on January 25, 1982, upon the appeal of AMART DEVELOPMENT, LTD. The decision from which this appeal was taken was announced by the Tigard Planning Commission on November 10, 1981, following a public hearing on appellant's request for Comprehensive Plan change from R-7 Urban Low Density to A-12 PD Urban Medium Density Development and for a Preliminary Plan Review. The subject property is located north of Southwest Katherine between Southwest 126th and Southwest 128th (Washington County Tax Map 1S1 33D, Tax Lot 100) . The Planning Commission unanimously denied the request, based on the findings of fact and conclusions of law contained in the Staff Report and on testimony heard by the Commission. Appellant filed its Notice of Appeal, dated November 25, 1981, charging error in the Planning Commission's decision in that: "After careful review of the testimony in oppositio,, and comments of the Planning Commission, very few facts were presented supporting denial of the proposal. The major issues of compatibility of proposed housing types with existing neighborhoods and capacity of proposed streets were not deemed incompatible or unacceptable by the pre- sentation of facts with the exception that the proposal is in conflict with the NPO #7 Plan. All requests for change are inherently in conflict with existing plans but the City Council has shown a desire to increase density in the area and the proposal responds to that." (Attachment to Notice of Appeal) 1 - FINAL ORDER Resolution No. 82--12.` The appellant alleged that its interests were damaged by the Planning Commission's decision in that: "The applicant desires to build primarily single family homes on small lots in order to maintain construction quality but reduce overall costs and thereby provide homes on lots that people can afford. Most affordable (twenty percent of the proposed living units) would be condominiums which would not be built on lots but would allow home ownership. That cannot be accomplished under the existing Comprehensive Plan designation of R-7 for the site but could be accomplished through a Comprehensive Plan Revision to A-12. Consequently the Planning Commission decision to deny the change to A-12 does not allow the applicant to provide the city with the proposed affordable homes." (Attachment to Notice of Appeal) The appeal was heard de novo by the City Council under Rule 4 of City of Tigard Ordinance No. 81-68. Upon consideration of the Planning Commission recommendation, the record in this case and the public testimony heard on January 25, 1982, the City Council makes the following findings of fact and conclusions of law. STANDARDS APPLICABLE TO COMPREHENSIVE PLAN CHANGE Approval of a revision to the Tigard Comprehensive Plan must be based on findings and conclusions demonstrating that the change is consistent with the goals and policies stated in the Compre- hensive Plan. Because the Tigard Comprehensive Plan has not yet been acknowledged by LCDC as in compliance with the State-wide Planning Goals, the proponent of a plan change must also demonstrate compliance with those Goals. The City Council has considered the applicant's requested Comprehensive Plan change in the light of the applicable Comprehensive Plan Policies and State-wide Planning Goals and enters the following findings and conclusions. 2 - FINAL ORDER RESOLUTION No. 82--_& _ TIGARD COMPREHENSIVE PLAN Findings. The subject property is located within the area of Neighborhood Planning Organization #7. The NPO #7 Draft Plan is used by the City of Tigard as a policy guide for land use decisions concerning property within that planning area. Conclusion. The Comprehensive Policies directly relevant to the subject application are the Goals in the NPO #7 Draft Plan. Goal 1 - States the city's intention to limit population in the planning area to 115,000, with four categories of residential density to "accommodate the housing needs of r; different family sizes and income". Goal 1 further states: "The density of population influences the character of residential areas and determines the demand for public facilities and services in different parts of the city. The citizens of the community should know the density of development that is planned for different parts of the city as it affects their own neighborhoods. City officials need to know the demands for different public facilities and services in different parts of the city." Findings. The proposed Comprehensive Plan change would increase population by 519 over the projected estimate contained in the applicant's prior development plan for the subject property. The applicant proposed medium density housing in the form of attached single family dwellings, clustered single family units and condominiums. The proposed development is south of Summer fk' Lake I, a developed, low-density subdivision consisting primarily of single family dwellings on 7,000 square foot lots. Low density, single family neighborhoods zoned R-7 are also located to the IZ east, south and southwest of the subject property. Undeveloped �a land designated for Urban Low Density Residential use is located 3 - FINAL ORDER RESOLUTION No. 82_l,2 to the northeast, east, southwest and west of the subject property, with the exception of a small parcel directly west of the subject property which is designated for Urban Medium Density Residential use. The subject property is located south of Southwest of Scholls Highway and would depend on 130th Avenue and 128th Avenue, a local street, for traffic access to a main arterial. The site is not adjacent to a main arterial. The site is designated Urban Low Density on both the Tigard Comprehensive Plan Map and the NPO #7 Plan Map. Testimony at the hearing indicated that property owners in adjacent neighbor- hoods purchased their homes because of the area's low-density character and in partial reliance on the designation of the subject property for low-density residential development. The NPO #7 Plan Map designates areas along major arterials, including Southwest Scholls Highway to the north of the subject property, for medium density residential use. Conclusions. The requested Comprehensive Plan change violates Goal 1 because it represents an intrusion of medium- density residential use into a developed and designated low- density residential area. The proposed development is inconsis- tent with the character of surrounding neighborhoods. Its density is contrary to the expectations of citizens in adjacent neighborhoods and to the projections made by city officials in anticipating demands for public facilities and services in the area. NPO #7 Draft Plan provides for a range of residential uses within the area to serve different family sizes and incomes and has designated developable land with direct access to main traffic arterials for medium-density residential use. 4 - FINAL ORDER RESOLUTION No. 82-/.2- Goal 2 - "The Comprehensive Plan recognizes the established character of existing neighborhoods and seeks to preserve and enhance existing neighborhood values. Future development Proposals should be sensitive to the concern of citizens for their own immediate environment as well as to the well-being of the city as a whole." Findings. NPO #7 Plan Map designates the subject property and the bulk of surrounding property for low-density residential use. The character of developed neighborhoods immediately adjacent to the subject property is predominantly low-density residential. The applicant proposes an increase in density from approximately four single-family dwelling units per acre to approximately nine units per acre. Conclusions. The proposed development would not preserve and enhance the existing low-density character of existing, adjacent neighborhoods. The proposal ignores the concerns of adjacent property owners who considered the property's low- density residential designation in purchasing their homes. The proposal violates Goal 2 and is not justified in light of the availability of more appropriate sites within the: NPO 07 Plan area designated for medium-density residential use. Goal 3 - Recognizes the natural features that give the City a distinctive character and provide for their protection and enhancement of community Iiveability through creation of Y a greenway system. Findings. Summer Lake City Park is on the northern boundary .4 of the subject property and a north-south drainageway flowing 5 - FINAL ORDER RESOLUTION No. 82- l.;_ into Summer Lake will remain undeveloped as a greenway. The applicant has provided common open space and walkways connecting these features with school grounds to the east of the property and planned open space around Winter Lake on the property's western edge. Conclusion. The proposed Comprehensive Plan change and development plan is consistent with Goal 3. Goal 4 - Recognizes the inherent conflict between large volumes of vehicle traffic and directs major routes be designed and located so as to minimize those conflicts while providing an efficient circulation network for motorists. The Goal further states that: "the major street pattern indicated in the Comprehensive Plan will give notice as to how the city intends to route major traffic volumes in the future." Findings. Only two local capacity streets provide access to the property and they presently dead-end at the south and west boundaries. The construction of 130th Avenue as a neighbor- hood collector through the site could help alleviate potential traffic problems. The extension of 130th from the north connecting to S. W. 128th at the southern boundary is the only through street proposed for this project. There is a potential for large volumes of traffic exiting the property to the south and traveling on S. W. 128th Avenue, a local street leading through a developed, low density residential neighborhood. S. W. 128th Avenue and S. W. Walnut Street presently have traffic loads at or beyond their capacity. Finally, the subject property is not located adjacent to any arterial. 6 - FINAL ORDER RESOLUTION No. 82^!L Conclusions. Permitting medium-residential use of the subject property would violate Goal 4 because such use would introduce large volumes of traffic into developed, low-density neighborhoods. Large volumes of traffic on local streets conflict with residential values and pose a threat to neighbor- hood liveability. The existing street network is inadequate to meet the influx of traffic entailed in the proposed development and the applicant has not adequately demonstrated that proposed street improvements would satisfy the demand and successfully eliminate the conflicts with adjoining residential neighborhoods. Goal 7 - Provides in relevant part that, "the location of schools and parks affects the liveability of Tigard's residential neighborhoods. Youngsters in the elementary grades should be able to walk to school and should not have to cross busy streets." Findings. Although the proposed development is located adjacent to Mary Woodward Elementary School in the Tigard School District, the children residing in the development would not attend this school. The subject property is located in the Beaverton School District, and the nearest elementary school serving the proposed development is approximately two to three miles away, on the north side of Scholls Ferry Road. Written testimony from the Beaverton School District indicates that the District has adequate classroom space to handle the projected number of students residing in the proposed development. However, the projection was based on current demographic studies indicating that condominiums and attached single-family units are purchased (' primarily by singles and families without children. Other testimony indicated that housing of this type may be the family 7 - FINAL ORDER RESOLUTION No. 82--1,2— f home of the future and that many more children may reside in the is proposed development than currently projected. Conclusions. Location of a medium-density residential development on the subject property is inconsistent with Goal 7, because children residing in the development would have to travel more than two miles to the elementary school serving the develop- ment. There was no testimony indicating that the nearby elementary school in the Tigard School District could adequately serve the proposed development. Nor was there any substantial testimony as to whether it would be feasible to incorporate the subject property into the Tigard School District. Allowance of the requested Comprehensive Plan change would constitute a potential violation of State-wide Goal 2 (see infra at 11) , because of the lack of coordination between local governmental units and special districts. Policy 5. "The single-family character of the area desig- nated on the Plan Map as Urban Low Density is viewed as a positive asset to be retained. Projects proposed for this area must be judged according to effects upon this character." Findings. See Findings on Goal 2, supra. Conclusions. The proposed Comprehensive Plan change is inconsistent with the low-density character of surrounding neighborhoods. The proposal would be detrimental to that character because of increased population density and increased automobile traffic and its attendant noise, fumes and risk of accidents on neighborhood streets. 8 - FINAL ORDER RESOLUTION No. 82-j,z_ Policy 8. "When developments are proposed in the Urban Low Density area for sites which include identified natural features worthy of preservation, the planned development concept shall be utilized if the Planning Commission determines it the best method for preservation." Findings. The proposal is for a planned development which identifies adjacent natural features and provides for their preservation and incorporation into the overall plan. Conclusions. The proposed development conforms to Policy 8. Policy 9. "The maximum overall density of development will be 12 dwelling units or 29 persons per gross acre." Findings. The proposed development's density per gross acre is 9.27 dwelling units. Conclusions. The proposed development is consistent with Policy 9. a Policy 11. "Development will coincide with the provision of public streets, water and sewerage facilities. These facilities a shall be (a) capable of adequately serving all intervening properties as well as the proposed development, and (b) designed to meet city or county standards." Findings. The subject property is served by a sewerline running north-south through the property. The property is served by S. W. 130th Avenue connecting north to S. W. Scholls Highway. S. W. 128th Avenue and S. W. Falcon Rise Drive, both local streets, presently dead-end at the southern and western boundaries of the property. Conclusions. For the same reasons cited in the conclusions under Goal 4, supra, the requested Comprehensive Plan change 9 - FINAL ORDER RESOLUTION No. 82 i violates Policy 11 because the applicant has not adequat-ly demonstrated that existing and proposed streets in the area will adequately serve the proposed development without substantial adverse impacts on adjacent residential neighborhoods. The City Council has considered Policy Nos. 10, 12, 13, 14, 21 and 22, discussed by the applicant in its development proposal. The City Council finds that the development as proposed provides two separate accesses to collector streets and concludes that it would comply with Policy 21. It is concluded that the other policies discussed by applicant are not relevant to the City Council's determination of this application and that compliance with them would be determined during site design review. The City Countil concurs with applicant's conclusion that Policy J �7 Nos. 15, 16, 17, 18, 19 and 20 are not applicable to this Comprehensive Plan change proposal. s } STATE-WIDE PLANNING GOALS GOAL 1 (Citizen Involvement) -- Goal 1 requires the city to provide opportunities for citizens to be involved in the decision-making process. Findings. Notice of the Tigard Planning Commission's hearing was published in the Tigard Times on October 29, 1981 z and November 5, 1981. Notice was mailed to surrounding property owners within 300 feet on October 30, 1981. Appropriate noti- fication of the City Council hearing on January 25, 1982, was provided in conformance with the Tigard Municipal Code. 10 - FINAL ORDER RESOLUTION No. 82- Conclusions. The hearing process involved in the city's consideration of the subject Comprehensive Plan change request conforms with Goal 1 and citizens were given adequate opportunity to be involved in the decision. GOAL 2 (Land Use Planning) -- Goal 2 requires that (1) the City of Tigard have an adequate factual base for its decision, E: t; (2) the decision be consistent with the city's Comprehensive Plan, and (3) the needs and concerns of other affected units of s government be considered and accommodated to the extent feasible. Findings. The City Council, in these findings, has demon- strated the factual base for its decision. The findings and y conclusions addressing the goals and policies in the NPO #7 Draft _F Plan demonstrate that the requested Comprehensive Plan change ' does not conform to the Tigard Comprehensive Plan. The findings and conclusions concerning Goal 7, supra, at 7, indicate a potential lack of coordination between the City of Tigard and other affected local governments and districts with respect to y provision of public schools and distribution of classroom loads, if the proposed development were approved as requested. Conclusions. An adequate factual base for the City Council's +i decision has been demonstrated. The requested Comprehensive Plan change is inconsistent with applicable goals and policies of the Tigard Comprehensive Plan and would entail a lack of coordination between local governments, with respect to provision of public schools, in violation of Goal 2. GOAL 3 (Agricultural Lands) -- Goal 3 requires that agricul- tural lands be preserved and maintained for farm use. 11 - FINAL ORDER RESOLUTION No. 82- /..? Findings. The subject property is entirely within the City of Tigard's Urban Growth Boundary and, therefore, contains no agricultural land. Conclusions. Goal 3 is not applicable to the City Council's decision. GOAL 4 (Forest Lands) -- Goal 4 requires that forest lands be preserved and maintained for forest uses. Findings. The subject property is entirely with the City of Tigard's Urban Growth Boundary and, therefore, contains no land designated for forest use. Conclusions. Goal 4 is not applicable to the City Council's decision. GOAL 5 (Open Spaces, Scenic and Historic Areas and Natural Resources) -- Goal 5 requires protection of listed types of natural resources, including needed open space and sites/structures with historic or cultural significance. Findings. Summer Lake City Park is on the northern boundary of the subject property and a drainageway flowing into Summer Lake bisects the property in a north-south direction. The proposed development designates the drainageway as a greenway and is designed to maintain and enhance the resource values of Summer Lake. Conclusions. The proposed development is in compliance with Goal 5, because it would protect natural resources on t:ie subject property. GOAL 6 (Air, Water and Land Resource Quality) -- Goal 6 requires the protection of the air, water and land resource quality of the state. 12 - FINAL ORDER RTSOLUTION No. 82-_62— a Findings. Public testimony indicated that increased auto traffic on the local streets through the adjacent residential neighborhoods would be detrimental to air quality in those areas. There was insufficient evidence to establish a threat to compliance with or attainment of federal, state or local air s quality standards. Increased volume and velocity of storm runoff from the development as a result of construction at a higher density may increase turbidity of Summer Lake and reduce its quality as a recreational resource. Conclusions. Approval of the requested Comprehensive Plan t may violate Goal 6 because of potential threats to air and water quality. GOAL 7 (Areas Subject to Natural Disasters and Hazards) -- Goal 7 requires the protection of life and property from natural disasters and hazards. Findings. Public testimony indicated that Summer Lake has approached its capacity during certain periods of rainy weather in the past. Development of the subject property at an increased i density could add to the volume and velocity of storm runoff and exacerbate the potential flooding problem in the greenway. The record does not indicate the presence of any other natural hazards in the area. Conclusions. The applicant has not adequately addressed the impact of developing the subject property at an increased density on storm runoff and potential flooding in the Summer Lake greenway. 0 13 - FINAL ORDER RESOLUTION No. 82- i Z GOAL 8 (Recreational Needs) -- Goal 8 requires governmental '�... units that have responsibility for recreation areas and facilities to plan for meeting the recreational needs of the citizens of the state and visitors. Findings. Applicant has donated the land around Summer Lake to the city and made many of the improvements during development of Summer Lake Phase I. The proposed development is consistent with the Tigard Park and Open Space Plan. Conclusions. The proposed development complies with Goal 8. GOAL 9 (Economy of the State) -- Goal 9 requires the diversi- fication and improvement of the economy of the state. Findings. Development of the subject property at the requested density, instead of for low density residential use for which it is presently designated, will have no significant impact on the economy of Tigard or the state. Conclusions. Denial of the requested Comprehensive Plan change will not adversely affect the economy of the area. GOAL 10 (Housing) -- Goal 10 requires comprehensive plans to provide for the housing needs of citizens of the state. Findings. NPO #7 Draft Plan provides for a mix of adequate numbers of housing units to meet varying, family sizes and incomes. The applicant relied heavily on the argument that its proposal will provide "affordable housing"for those who cannot presently purchase conventional single-family homes on large lots. The applicant's testimony indicated that the single-family attached units would range in price from $105,000 to $120,000. Conclusions. It is questionable whether the applicant's Cis proposed housing units prices in excess of $100,000 will help 14 - FINAL ORDER RESOLUTION No. 82_ el_ g alleviate the need for affordable housing referred to in Goal 10. The proposed development seems to provide exclusive hcusing, on a scale commensurate with the surrounding, low-tensity single- family neighborhoods, but at a density incompatible with the existing development pattern in those neighborhoods. Denial of the requested Comprehensive Plan change will not adversely affect the provision of affordable housing needed by the state's citizens. GOAL 11 (Public Facilities and Services) -- Goal 11 requires local governments to plan for a timely, orderly and efficient arrangement of public facilities and services. Findings. Public testimony indicated that the subject property is served adequately by sewer and water facilities. There was conflicting testimony concerning the adequacy of the existing and proposed street system to serve the increased residential density contemplated. The applic.aut's own testimony presumed reconstruction of the intersection at S. W. 130th Avenue and Scholls Ferry Road with a traffic signal. Conclusions. The requested Comprehensive Plan change violates Goal 11, because it would require additional street improvements not presently planned or necessary for the existing level of low-density residential development. GOAL 12 (Transportation) -- Goal 12 requires the provision of a safe, convenient and economic transportation system. Findings. The potential adverse impacts of the proposed development on the existing street network, the need of improve- ments to handle the increased traffic resulting from the development and the location of medium-density residential use without direct access to a traffic arterial place stress on the 15 - FINAL ORDER RESOLUTION No. 82- /2_ existing transportation system and disrupt planning for future transportation needs in violation of Goal 12. GOAL 13 (Energy Conservation) -- Goal 13 requires local governments to encourage the conservation of energy. Findings. The proposed development would include condominiums and attached single-family units and the site design would encourage conservation. Conclusions. The proposed development complies with Goal 13. GOAL 14 (Urbanization) -- Goal 14 requires an orderly and efficient transition from rural to urban land uses. Findings. The subject property is located within the Tigard Urban Growth Boundary and the city limits of Tigard. Conclusions. The requested Comprehensive Plan change complies with Goal 14. GOALS 15 - 19. Findings. The subject property does not include any portion of the Willamette Greenway and is not in the coastal area of the state. Conclusions. Goals 15 - 19 are not applicable to the City Council's decision. Based upon all of the foregoing considerations and the findings and conclusions set forth above, IT IS HEREBY ORDERED that the requested Comprehensive Plan change be and hereby is DENIED. 3 16 - FINAL ORDER RESOLUTION No. 82-12-.— PASSED: This day of 1982. ayor - City of Tigard i ATTEST: Recorder - City of Tig .9 { 17 - FINAL ORDER RESOLUTION No. 82- /1