Resolution No. 85-94 CITY OF TIGARD, OREGON �� J
RESOLUTION NO.
A FINAL ORDER IN THE MATTER OF THE APPLICATION FOR A COMPREHENSIVE PLAN
AMENDMENT AND A LONE CHANGE REQUESTED BY ROSEBUD ENTERPRISES/U.S. CREDIT LOAN
SERVICE, FILE NO. CPA 1.3-85 AND ZC 1.5-85, DENYING THE APPLICATION REQUESTS,
ENTERING FINDINGS AND CONCLUSIONS.
The Tigard Planning commission heard the above application at its regular
hearing of October 8, 1985 and recommended denial.
The Tigard City Council heard the above application at its regular meeting of
October 28, 1985. The Council finds the following FACTS in this matter:
1. The applicant requested a Comprehensive Plan Amendment (CPA 13-85) from
Medium Density Residential. to Medium High Density Residential and for a
Zone Change From R-12 (Residential, I')' units/acre) to R-25 (Residential,
25 units/acre) on a property located -,t 10485 SW North Dakota (WCTM 1.51.
34DA, T.L. 100).
2. The Council. had before it the record of the proceedings before the Tigard
Planning Commission which recommended denial of the request, an October
8, 1985. The matter- was brought before the City Council as provided by
the Tigard Community Development Code.
3. Glen McCurdy and Jae Van I_om presented testimony on behalf of the
applicant.
Based upon the record in this case, the Council, concurs with the FINDINGS AND
CONCLUSIONS presented in the October 8, 1985 Planning stafF report which is
incorporated herein as Exhibit "A".
NOW, 1HEREFOPc, BE IT RESOLVED by the Tigard City Council that:
The above request be, and the same hereby is, DENIED.
The Council furthers ORDERS that the Planning Director and the City Recorder
send a copy of the Final. Order as a Notice of Final Decision to the parties in
this case.
PASSED: ThisLcj l,� day of Woo P.nA a.I, 1985.
'Mayor - City of Tigard
ATTES :-
Deputy City Recorder - City of Tigard
(KSL:pm24) �y '
RESOLUTION NO. 85-94f
�)CNISi'� „A
STAFF REPORT AGENDA ITEM cJ�
OCTOBER 8, 1985
TIGARD PLANNING COMMISSION
FOWLER JUNIOR HIGH SCHOOL - LGI
10865 S.W. WALNUT
TIGARD, OREGON 97223
A. FACTS
1. General Information
CASE; Comprehensive plan amendment (CPA 13-85) and Zone Change (ZC
15-85)
REQUEST: Comprehensive Plan Amendment form Medium Density Residential
to Medium High Density Residential and a Zone Change from
R-12 (Residential, 12 units/acre) to R-25 (Residential, 25
units/acre).
COMPREHENSIVE PLAN DESIGNATION:
ZONING DESIGNATION:
APPLICANT: Rosebud Enterprises Inc. OWNER: US Credit Loan Services
4209 SW Westdale Drive P.O. Box 4412 T-8
Portland, Oregon 97221 Portland, OR 97208
LOCATION: 10485 SW North Dakota Street (WCTM 1S1 34DA, T.L. 100)
2. Background
On February 26, 1979, the City Council adopted the. NPO 07 Plan by
Ordinance 79-11 which designated the property Urban Low Density. This
designation was modified on May 9, 1983 wh&— the Council adopted
Ordinance 83-24 which applied the 'Medium Density Residential
classification to the property. A Comprehensive Plan Amendment (CPA
6-83) from Medium Density Residential to Medium High Density Residential
and at Zone Change (ZC 7-83) from A-12 (Residential, 12 units/acre) to
A-20 (Residential, 20 units/acre) was proposed in 1983. The request was
withdrawn prior to action being taken by the City Council.
3. Vicinity Information
Properties to the north and east on the opposite side of Fanno CrQQk are
zoned Z P (Industrial Park) and are partially developed. The property
ljmadiafely.to the west remains under Washington County jurisdiction and
it is dQlmloped- with duplexes. Windsor Place subdivision (formerly
Rosebud subdivision) which is zoned R-7 (PC) (Residential, 7 units/atcre.
planned develspment) is Iodated to the nslrthwest. A small acreage
homesite zoned R-12 is on the south side of North Dakota Street.
STAFF REPORT - CPA 13-85 6 ZC '3-85 - PAGE 1
The subject property and the parcel to the south are identified in the
Comprehensive Plan as being within a Developing Area. The subject
property as well as the residential parcels to the west and the
industrial properties to the north and east are considered to be
Established Areas.
4. Site Information
The property is presently undeveloped. The parcel contains 6.39 acres
and approximately 2.35 acres situated in the southwestern portion of the
property is above the 100 year flood plain of Fanno Creek.
The applicant proposes to rezone the parcel to R-25 which is turn would
allow for the construction of additional dwelling units over what is
possible under the R-12 zone. Approximately 40 units would be allowed
with the present zone and about 84 units are possible under an R-25
designation, This request is essentially the same as the 1983 proposal
mentioned above.
5. Agency and NPO Comments
The Engineering Division has no objection to the proposal but it is
noted that development of the property will probably require a Sensitive
!ands Permit. Also, half street improvements will be necessary along
the North Dakota .Street frontage.
The Building Inspection Division, Washington Count, Fire District No. 1,
and School District 233 have no objection to the request.
NPO #7 is opposed to the application because the rezoning woeld allow
residential densities that are not consistent with the surrounding
area. Also, it is felt that the accepted flood plain elevation of 162
feet is too low and practical experience indica`ces that this flood level
is over 162 feet.
S, FINDINGS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan
Policies 2,1.1, 3.2.1, 3.2.2, 3.2.31 3.5.3,3.5.4, 6.1.1. 6.3.2, 6.6.1,
7.1.2, 7.6.1, 8.1.3, 8.2.2, 12.1.1. and the Locational Criteria relating
to Medium High Density Residential Development. Since the Tigard
Comprehensive Plan has recently been ackowledged by L.C.D.C., it is no
longer necessary to address the Statewide Planning Goals.
The Planning staff has determined that the proposal is only partially
consistent with the relevant portions of the Comprehensive Plan based
upon the findings noted below:
1. Policv 2.1.1 is satisfied because- the Neightcrhood Planning
Organization and surrounding prcYorty owners were given notice of
the hearing and an opportunity to comment on the applicant's
proposal.
2. Policies 3.2.1, 3.2.2, 3.2.3 and 7.2.1 relate to protection of the
floor F,l^.in. These policies are more appropriately addressed in
conjunction with a specific land development proposal• but it
appears that a portion of she parcel can be developed in a manner
consistsnt with City policy.
STAFF REPORT - CPA 13-SS & ZC 15-85 - PAGE 2
3• Policies 3.5.3 and 3.5.4 can be satisfied as a condition of
development approval. The dedication of the 100 year flood plain
as gr'eenway and the construction of a pedestrian/bicycle path will
be required at that time.
4. Policy 6.1.1 is satisfied because the proposal will not have a
significant impact upon the diversity of housing types available
in Tigard. The R-25 zone allows for a higher residential density
but also permits the same lower density uses, such as
single-family residential, as the R-12 zone.
5• Policies 6.3.2 and 6.6.1 can
development however, be better addressed at the time of
it appears that satisfactory compliance with
density transition and buffering requirements can be met.
6• Policies 7.1.2, 7.6.1 and 8.
for 1.3 are satisfied because adequate
service capacity Public water, sanitary sewer, storm sewer,
tion exist. Specific arrangements to utilize these
facilities can be made when the property develops.
7• Policy 8.2.2 is satisfied because the property is within one
quarter mile of the Tri-Met bus service on Greenburg Road as
prescr-•ibed by the Locational Criteria for Medium High Density
Residential Development. _
6. Policy 12.1.1 is met
because the ble Plan oliies,
Locational Criteria and Community 00velopmentaCode provisionschave
been applied.
9• The proposal is not consistent with all of the rmlevant Locational
Criteria as noted below:
a• The property is not committed to Low Density Residential
development and therefore is eligible for a higher density
designation.
b. It appears that the subsequent development of the property
the west.
could be adequately buffered from the residential uses to
-
C. North Dakota Street is a minor collector and therefore, the
criteria requiring direct access to major collector or
arterial street is not n:et.
d' Much of the property has limited development potential
because of the 100 year flood plain but the remain-4::g 2.38
acre area is suitable for residential use.
e. Adequate public facilities (except for streets as noted
above) are available.
f• The property is within one quarter mile of Greenburg Road
which has scheduled bus service provided by Tri-Met.
STAFF REPORT - CPA 13-85 & ZC 15-05 - PAGE 3
9. The convenience stores located at Greenburg Road and Shady
Lane are over one quarter mile (.35 mile) from the eastern
odge of the subject property and therefore the distance
standard to a commercial center has not been met.
h. The property includes a segment of the Fanno Creek flood
plain which will be dedicated as part of the open space
system as a condition of development.
In summary, the proposal complies with the majority of Comprehensive
Plan policies. The two shortcomings of the application relate to the
lack of direct access to a major collector or arterial street and the
distance to commercial services. The purpose of these two standards, as
well as the other criteria relating to service availability, is to
locate higher density residential development as close to essential
services as possible. When these policies are implemented, higher
density residential uses will tend to be clustered together near
commercial centers rather than being interspersed within areas of lower
density development.
C. RECOMENDATION
Based upon the above findings and conclusions, the Planning Staff
recommends denial of CPA 18-85 and ZC 15-85.
s
PREPA ED BY: Keith Li,',-:n APPROVED BY: William A. Monahan
Senior Planner Director of Planning 6
Development
(KSL:br01952)
No
STAFF REPORT — ::PA 13-85 ZC 15-85 — PAGE 4
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