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Resolution No. 86-56 CITY OF TIGARD, OREGON ( RESOLUTION No. 86-J�, A FINAI. ORDER IN THE MATTER OF THE APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT (CPA 2-86) AND ZONE CHANGE (ZC 4-86) REQUESTED BY WHITE AND WII.HELM, DENYING THE APPLICATION, ENTERING FTNDINGS AND CONCLUSIONS. WHEREAS, the applicants requested a Comprehensive Plan Amendment from Low and Medium Density Residential to Commercial Neighborhood and a Zone Change from R-4.5 and R-12 (Residential 4.5 and 12 units/acre) to C-N (Commercial Neighborhood); and WHEREAS, the Planning Commission heard the above applicatio r. at its Regular meeting of April 8, 1986 and recommended denial; and WHEREAS, the Tigard City Council heard the above application at its regular meeting of April 28, 1986. Dr. Wilhelm appeared representing the applicants, and Gary Ott, representing NPO ifl, Donna Sandbo, 11475 SW 91st, Tigard, and the Community Development Director reviewed the Planning Commission's recommendation for denial, appeared in opposition. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The proposal is not consistent with all relevant criteria as discussed in the April 8, 1986 Planning staff report to Planning Commission (Exhibit "A"). Section 2: The City Council upholds the Planning Commission's recommendation for denial of the Comprehensive Plan Land Use Map and Zoning Map Amendment as set forth in Exhibit "B" (maps) . Sectior. The Council, therefore, ORDERS that the above referenced request be, and the same hereby is, DENIED. The Council FURTHER 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: This a l"t1 day of �}`��L-� 1986. Mayor City of Tigard W TEST: r � put" City Recorder - City of Tigard �Tf.FF REPORT nGl NDA I)t.M ',. 1 TUESDAY, APRIL 8, 1986 - 7: 10 I'M TIGARD PLANNING �;OMMCSS ION FOWLER JUNIOR HIGH SC(400(. - LG 1 10865 S.W. WALNUT TI:GARD, OREGON 97223 A. FACTS 1, General Information CASE: Comprehensive Plan Amendment CPA 2--86 and Zone Change ZG 4--86 REQUEST: Comprehensive Plan Amendment from Low and Medium Density Residential. to Neighborhood ne Commercial and a Zone chag from R-4.5 (Residential 4,5 units/acre) and R-12 (Residential, 12 units/acre) tr, C-N (Commercial Nei.yhborhood) APPLICANT: Tom Fisher/Michael Wilhelm OWNER: Irma White 13085 SW View Terrace Michael Wilhelm Tigard, Oregon 11730 SW i.;reenburg Rd. Tigard, Oregon 97223 LOCATION: 11730, 11780, 11782, 11784 SW Greenburg Road (WCTM 1S1 3500, Tax Lot 7P00, 7600), 2, Background No previous land use applications have been reviewed by the City relating to this property. 3. Vicinity Information The area northeast and southeast of the two parcels is zoned R-4.5 and is occupied by single family residences. The properties on the east side of 90th Avenue contain apartment buildings which are zoned R--12. Greenberg Road borders the subject properties on the south and single family homes that are zoned C-P (Commercial Professionalare situated on the south side of the street. 4. Site Information and Property Description This proposal involves two separate parcels which havo two different Comprehensive Plan and Zone designations. One lot is located on the northeast corner of Greenburg Road and 90th Avenue. II: contains a triplex and is zoned R-12. The second lies immediately northwest along Greenburg Road and it is occupied by a house and is zoned R-4.5. STAFF REPORT - CPA 2--86/ZC 4-86 - PAGE 1 �o t The applicants' intend to use Lho pre,per-tiees for dental offices, 1-he proposed C-N zone allows den L.+l and medic;+l offices as wolf as a variety of other commercial activities, but the ma.i.mum siee ofany individual business is 4,000 square feet. of floor area. the northerly 80 feeL of the western parcel is intendeed to r(--La in the present R-4.5 zone designation. 5. Agency and NPO Comments The Engineering Division has no objection to the request. It is noted, however, that a Site Development Review application will be necessary and that public facilities such as half street improvements will. be required prior to establishing a commercial use. The Building Inspection Division has no objection to the proposal. NPO N I is opposed to the application as it is not compatible with the concepts contained in the Comprehensive Plan. There is a limited opportunity to provide an adequate buffer between commercial development and adjoining residential uses. Some of the uses permitted in the C-N zone, such as convenience sales, are inappropriate for this area. B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Tigard Comprehensive Plan policies 2.1.1, 5.1.4, 6.3.3, 6.6.1, 8.1.1, and Locational Criteria in Chapter 1.2. Since the Comprehensive Plan has been acknowledged, the f' Statewide Planning Goals and Guidelines no longer need to be addressed. The Planning staff concludes that the proposal is not totally consistent with the relevant portions of the Comprehensive Plan based upon the findings noted below: a. Policy 2.1.1 is satisfiea because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing an an opportunity to comment on the applicant's proposal_ b. Policies 5.1.4 and 6.3.3 are not satisfied because the proposed change will introduce a commercial activity on the border of an established residential neighborhood. The parcels involved are across the street from single family residences that are zoned C-P but all other abutting properties are zoned for residential purposes. The plan to retain the northern 80 feet of the western (White) parcel a.s R-4.5 partially addresses the encroachment issue, but is not sufficient to overcome potential problems. When dealing with this issue it is also necessary to consider whether a precedent may be established to alln,,i si.mi.lar proposals in the future. It is common for requests such as this to create relatively small incremental changes but significant cumulative impacts over a period of time. STAFF REPORT - CPA 2-86/7C 4-86 - PnGf 2 c. Policy 6.6.1 calls for adeaquate screening and buffering between different lard uses such as residential and commercial development. It appears that for the proposed dental offices, the existing vegetation in combination with new plantings, fencing, etc. could achieve an adequate buffer as required by the Community Development Code. However, it is questionable whether other uses that are permitted in the C—N zone would also be capable of meeting Code requirements. d. Policy 9.1.1 obligates the City to plan for a safe and efficient street system which meets current and future needs. One component of such a system relates to the uses allowed and the access that is permitted along public streets. Although the traffic impact of two small dental offices will be minimal, additional commercial development situated with direct access to Greenburg Road will tend to impede traffic flow by attracting vehicles and causing an increase in the number of turning movements on and off of the street. . e. The Locational Criteria in Chapter 12 of the Plan are partially satisfied. The proposal is consistent with the criteria because the site is less than two acres, the service area for the proposed dental offices is greater than one half mile, the C—N zone would be located on one quadrant of the intersection, the site has direct access to Greenburg Road which is a major collector, and the site can probably accommodate the proposed dental offices. The request does not appear to comply with the other criteria because it has not been demonstrated that the uses allowed in the C—N zone will not create adverse impacts for adjacent residential properties and that the privacy of these uses will be maintained. In summary, the staff is concerned about this request because it represents the introduction of commercial uses in an established residential neighborhood. Although the proposal is modest, it will tend to set a precedent for similar rezoning applications which in turn lead to at "strip" commercial situation with the related traffic impacts and disruption of the established residential areas that straddle Greenburg Road from 90th Avenue to Tiedeman Avenue. C. RECOMMENDATION Based upon the above findings and conclusions, the Planning staff recommends denial of CPA 2-86/ZC 4-86, PREPAR D BY: Keith 1_iden AP DD BY: A. Monahan Senior Planner Director of Community Development (2437P/dmj) v STAFF REPORT — CPA 2-86/7C 4--56 — PAGF 3 ltJ D i ���2A+c� 3608 Q 80007 IOU 10 700 z p/ 3b396503A0 7c ;-36-0-9 4c 700(3-L, 50 — T /S(f�no 7900 7300 r — L�^ 3704724AC� 37-3 8 t 36 Ac45 Ac r RVQfo9Y }p 9°!) E Q J •!O ,.. °1 �. .I; rOe•4i• ,° r25 /e\ 7600 V• �5 Crj 7400 r !` ti^ c r•. o ,00 ,- T zs 20 I - 7700 o N 3701 i r6♦ ! 09°l1�H to v9��}�'E lJ } 3800 150Cr— ° z° Q25 20 3a A. 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