Resolution No. 88-115 CITY OF TIGARD, OREGON
RESOLUTION No. 88_
A RESOLUTION ADOPI'i NG FINDINGS
A AND CONCLUSIONS To DXNW
MIMKEN (CAL.88-04) AND ZONE CHANGE "C 88-10) R?QUESTED A COM NARDNAND LUC SIVZ N
LA
ems_ IE
"2R&AS, the aacrFPlfcant requested
prehensive
Zona /ahangPropertY lan
f=� LOW
4DSnt e d ntial�,al to MediumP ens Amendment for a 1 6
unite Y Residential
a 13.1
4.5 unite/acre) to R_7 1 and ;$
4iF,—r,�a a (Res
f dent is l 7
< the a1�.ai'
on
meeting of October 4,1g 988 and
01- the hof ahapl.ication pular,
recommended denial at its re
the Ts.gard Cit-
etings of Octaber 24, 1988oend fNovsmbsr, heard t4e above
91 88. aPPlicat
ion at ita reNOW gular
THERggp�• SE IT RESOLVED by Lha Tigard City Council that:
Sectfor. I: The
the
attached finnot93o�Esxhibit-.with
all relevant criteri
din
Section 2: A")• a noted in
The City Ccuncil Upholds the Pla'Inin
for denial of the Comprehensive Pla
Amendment g Ciasion•B recommendation
as 86t forth in Exhibit n Lard Uee
Section 3: "$" {map). Map and Zoning pyap
The Council, therefore ORDS
DENIED• The Council FUR RS that
the Cit FURTHER OBD the above referenced request be
Final d cisec Recorder send ERS that the Planning Director and
o the parties in this case. roar as a Notice of
PASSED; This
day of December, 1988.
Th • Dri• Mayor
n
ATTEST:
i.iiii'Fr �hPtC0), Cd t-RK-corderr
EXHIBIT "A"
A. FACTS
1. General Infoc-mation
C2SE: CPA 88-04 and ZC 87-10
REQUEST: Comprehensive Plan Amendment from Lew Density Residential
to Medium Density Residential and Zone Change from R-4.5
(Single Family Residential, 4.5 units per acre) to R-7
(Single Family Residential, 7 units per acre) for 13.16
acres.
APPLICANT: Leonard & Lucie Mielnik OWNER: John & Naomi Loewer
426 Mastick Avenue Richard & Barbara Bradley
San Bruno, California 94066 Waite- & Joan Brooks
Cary __at R -
Leonard & Lucie Mielnik
LOCATION: West of SW 75th, south of Centlewcods Subdivision, east of
SW 79th, and north of Bond Park Subdivision (WCTrl 2S1 12CA
Lots 700, 3500, and 3600; WCTM 2Si 12CD Lots 200 and 300).
2. Background Information
In uecember 1986, the Tigard City Council gave conditional approval to
the Albertson's Comprehensive Plan Amendment for changing the Plan
desi;nation of several properties located at the southeast corner of
Durham Road and Pacific Highway. This proposal requested redesignation
of these properties from High Density Residential to General
Commercial. The result of this decision was the removal of about 400
potential multi-family housir:g units from Tigard's inventory of vacant,
buildable land. The Metropolitan Housing Rule (Oregon Administrative
Rules, Chapter 660, Division 7) requires that Tigard provide a housing
opportunity for at least 5o percent multi-family units and a net
minimum housing density of 10 dwelling units per acre on vacant
buildable land within the City's Urban Planning Area. The Albertson's
CPA was granted on the condition of redesignation of sufficient
residential land to higher densities to make up for the hcuYing
opportunity shortfall created by the decision.
Several sites throughout the city, including the parcels involved in
the current application, were considered for increased residential
densities to make up for the housing opportunity shortfall created by
the Albertson's decision. The subject properties were proposed for
Plan/zone redesignation from Low Density Residential/R-4.5 to Medium
Density Residential/R-7 (CPA 87-07(D)!ZC 87-02(D)). No actions was
taken by the City on the proposed amendment rezoning for these
parcels. The City decided to increase allowable residential density on
several parcels near Pacific Highway to meet the requirement of the
Albertson's rezoning.
No other land use applications regarding these parcels have been
reviewed by the City.
PAGE 1
3. Vicinity Information
These properties are surrounded by the following zoning districts:
R-12 (Medium Density Residential 12 units per acre) to the south
and southwest; R-7 (Single Family Residential, 7 units per acre) on
the east and west sides; and R--4.5 (PD) (Single Family Residential,
4.5 units per acre - planned development overlay) to the north.
Subdivision development has already occurred on t..e south, north and
west sides of these properties. Part of Bond Park Subdivision is
located to the south. Although zoned R-12, all phases of that
subdivison have protective covenants restricting each lot to one
detached single family dwelling. Gentlewcods Subdivision, situated to
the north of the subject properties, is fully built. Ashford Oaks
Subdivision is currently unoer develop=ment to the west of ta;; lots 300
and 3600 across SW 79th Avenue. (SEE: ATTACHED HAP).
Access from all these subdivisions to Bonita Road and Durham Road is by
SW 79th Avenue and, to a minimal extent, from SW 76th Avenue. A second
phase of Ashford Oaks subdivision has recently been approved which
would provide for a road connection between SW 79th Avenue and Hall
Boulevard.
4. Site Information and Proposal Description
The lot sizes of these parcels which total 13.16 acres, range from just
under 2 acres up to 5.6 acres. Most. of the lots have homes built in a
semi-secluded manner among stands of trees. The terrain is varied with
several areas having slight slopes and swales. The area is mostly
wooded.
The redesignation is desired to allow for si:;gle-fa^ development
with smaller minimum lot sizes (5,000 minimum lot size) than is
required in the R-4.5 zone (7,500 minimum lot size). The properties
are all within a designated "Developing Area" in the Comprehensive
Plan. The proposed Plan amendment zone change would potentially result
in a net gain of 33 residential units.
5. Agency and NPO Comments
The Engineering Division reviewed the proposal and commented that the
proposed redesignation would increase the potential number of
residential units that could be developed in the area, with a
corresponding potential for increased traffic resulting from the
development. Currently, traffic capacity is not a significant concern
on adjoining streets. The small potential increase in traffic that
could result from the proposed redesignation would not have a
significant impact on traffic capacity.
Tigard School District 23J commented that, at the current time, the
area considered for redesignation is in the Durham Elementary School
attendance area. Durham School, as it. now stands, could not house
children expected to come from this area, especially when considering
other proposed developments in the area if these projects are completed
PAGE 2
prion• to September 1989. Evert with the prospect of
classrooms at Durham School by that time, the School
guaran'�ee that children fromrea additional
Will be able to attend Durham Elementary School. District cannot
he proposed redesignation
NPO
em r reviewed the proposal and conLilented that the majority of the NPO
members approve of the current proposal. Other member
maintaining the present Plan and zoning deli
noted that the requested redesignation seems to reflect s would prefer
market gnations• The NPO also
onditions, current
housing
The Building Division and the Tigard Water District
Proposal and offered no continents or objections.
reviewed the
No other comments were received.
B. FINDI!`GS AND CONCLUSIONS
The relevant criteria in this case are Tigard Comprehensive Plan
policies 2.1.1. 6.1.1, 7.1.2. 7.8.1, 8.1.3. and 12.1.
locational criteria for the Hadium Density ResiJential
well as Section 18.22040 of the Community 1(2), the
City Of Tigard'. Com re y Develcpment Codesignation as
epartment Of P pensive Plan has been acknowledged b Since the
Of Land Conservation and Development y the Oregon
the proposed amend.nent's consistingP Commission, an analysis
Coals is not necessary. with the state-
wide Planning
The City Council has determined that the propo
with all the relevant portions sal is not of the Comprehensive Plan based u the
findings noted below: consistent
Pon
1- Flan Policy 2.1.1 is satisfied because Neighborhood P1
Organization #5 and surrounding property owners were
of the hearing Planning
applicant's proFnsalnd had art opportunity given notice
Y to comment on the
2• Plan Policy
6.1.1 is satisfied because rezoning of
R-7 zone will allow for' a greater the Parcel
types as Permitted uses than are allowed variety of housing
Duplexes, attached single-familyin the R-4.5 zone.
Parks and subdivisions are residences, and mobile
Whereas the are Permitted uses in the home
-f conditional uses in the R_ R-7 zone,
zone also Permits greater housing 4.5 zone. The
smaller' minimum P densities through R-7
greater variety of ohousing types and than the R-4.5 zone. gToget her, ngthe
the R-7 zone should provide smaller lot sizes
housing units. greater varietyallowed in
an type and cost of
3. Policy 7.1.2 is
available satisfied o because adequate public
in the �.-.,., °f the services are
extensions will be a Proposed redesignation. Utility
Properties. necessary prior to development of
Of Ext Of necessary services will be hese
approval of any future subdivision of these a Condition
properties.
PAGE 3
4. Plan Policy 7.8.1 is not totally satisfied. The Tigard School
District has been informed of the proposal and has therefore been
given the opportunity to plan for any potential increase in
school enrollments resulting from potential increased residential
density in this area. The school District response does indicate
that this proposal could cause short-term difficulties because of
the present lack of capacity at Durham Elementary School.
5. Plan Policy 8.1.2 can be satisfied as a condition of approval of
any development proposal affecting the subject parcels through
requiring that necessary right-of-wax dedication and road
improvements be accomplished prior to development. However,
local residents voiced concern over the additional traffic impact
in consideration with the inadequate condition of the entire
length of SW 74th Avenue.
6. Plan Policy 12.1.(A)(2), the locational criteria for the Hedium
Dersity Residential Plan designation, is only part_-iatl_y satisfied
for the following reasons:
a. The area is sparsely populated and has substantial
potential for redevelopment. Adjacent areas are
predominantly designated for 'Medium Density Residential
development and are developing as such to the south and
west. However, the properties to the north are committed
to low density development.
b. Tax lots 3500 and 3600 both front on SW 79th Avenue which
is designated as a minor collector street by the City's
Transportation
Plan map.
C. Development limitations, such as flooding or steep slopes,
are not evident for any of the parcels.
d. necessary public facilities and services presently have the
capacity to serve additional potential development on the
properties, with the possible exception of the Tigard
School District. The School District has applied for
Conditional Use approval for construction of additional
classrooms at Durham Elementary School. Development of the
proposed classrooms would greatly improve the School
District's ability to serve additional students that might
indirectly result frou. approval of the proposed Plan
Amendment/rezoning.
e. Tri-Abet bus service is available on Upper Boones Ferry Road
which is located approximately one-third of a mile from the
site.
f. The parcels abut Low Density Residential designated
properties on the northern edge of the subject site.
Because of the lot sizes of &entlewoods Subdivision to the
north and the minimum lot size that would be permitted on
PACE 4
the subject properties if the Plan amendment/rezoning is
approved, the City Council finds this proposal to be
inappropriate.
7. Section 16.22.060 of the Code indicates that a change to the
Comprehensive Plan or Zoning map should be justified because of a
mistake made in the original land use designation or that there
has been a change in circumstances relating to the neighborhood
or community. The Council finds no evidence of any mistake or
change in circumstances. Development has occurred on nearby
properties, but in accordance with the adopted Plans and the
Council finds no reason to increase the allowable residential
density in this area.
(brf7254D)
PAGE 5
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