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Resolution No. 89-86 CITY or TIGARD, ORBOON RESOLUTION NO. 89-$�'' A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING FINDINGS AND CONCLUSIONS TO DENY AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT (CPA 89-08) AND ZONE CHANGE (ZC 89-08) REQUESTED BY E- AT EN GROSS. WHEREAS, the applicant requested a Comprehensive Plan Amendment for a 1.87 acre parcel from Medium Density Residential to Neighborhood commercial and a Zone Change from R-25 Multi-family Residential, 25 units/acre) to C-N (Neighborhood Commercial)p WHEREAS, the Tigard Planning Commission heard the above application at its regular meeting of October 3, 1989, and recommended denial, and WH3REAS, the Tigard City Council heard the above application at its regular meeting of October 23, 1989. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: The proposal is not consistent with all of the relevant criteria noted in the attached findings (Exhibit "A"). Section 2: The City Council upholds the Planning Commission's recommendation for denial of the Comprehensive Land Use Map and Zoning Map Amendment as set forth in Exhibit "B" (map). .section 3: The Council, therefore ORDERS that the above-referenced request be 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 __�L_th day of N VV-,M hf1, , 1989. Mayor - city o`f-Tigard ATTRST: V.sgutf_ Recorder' - City of Ti rd 1 , Exhibit "A^ STRFB REPORT AGENDA ITEM 5.2 01-TOSER 3, 1989 TIGARD CITY HALT, - TOWN PALL 13125 SW HALL BLVD. TIGARD, OREGON A. FACTS 1. General Information CASE: Comprehensive Plan Amendment and Zone Change CPA 89-08/ZC 89-08 REQUEST: A request for approval of a Comprehensive Plan Amendment from Medium High Density Residential to Neighborhood Commercial and a Zone Change from R-25 (Multi-family Residential, 25 units/acre) to C-N (Neighborhood Commercial). Zone: R-25 (Multi-family Residential, 25 units/acre). OOMPREHZNSIVE PLAN DESIGNATION: Medium-High Density Residential ZONING DESIGNATION: R-25 APPLICANT: E. Aleen Gross OWNER: same 2955 SW Fairview Blvd. Portland, OR 97201 LOCATION: Southwest corner of the intersection of SW Scholls Ferry Road and SW 135th Avenue (WCTM 1S1 33CA tax lot 100). 2. Vicinity Information The subject site is bordered by SW Scholle Ferry Road to the west, Old SW Scholls Ferry Road to the northwest and north, SW 135th Avenue to the east and a similarly coned R-25 (Multi-family Residential, 25 units/acre) Parcel, containing a single family residence, to the south. The area between new SW Scholls Ferry Road and old SW Scholls Ferry Road to the west Is within the City of Beaverton. The City Of Beaverton also lies due north on the other side of SW Scholls Ferry Road_ 3. Bac$oround YZgarmation The subject parcel was annexed to Tigard in June of 1983. No development activity has occurred on the subject site since annexation with the STAFF REPORT - CPA E9-08/ZC 89-08 _ GROSS - PAGE I ,y exception of the installation of a traffic signal at the northern portion of the subject property. Therefore, no land use requests have been reviewed by the Planning Division staff with respect to the subject property. 4. Site Information The subject parcel involved in the proposed redesignation is approximately 1.871.87 acres in size and is largely covered by small deciduous and evergreen trees. The eastern half of the subject site was included in the SW 135th Avenue Local improvement District and Be possesses half-street Improvements. According to the applicant, the stated purpose of this redesignation is to facilitate construction of a small retail commercial neighborhood center which would subsequently require a City Site Development Review permit. A redesignation to C-X would in no way limit the future development of this parcel strictly to this specific retail use. The Code provides for a variety of civic and commercial uses in the Neighborhood Commercial zoning district. 5. Agencv and NPQ Cc�=maents The Tigard Water District, the consolidated Rural Fire District and the City Building Division have reviewed the proposal and have no objections to it. The City Engineering Division has reviewed the proposal and makes the following findings and observations: Development under C-N zoning is likely to generate approximately 4,000 vehicle trips per day to and from the este. Development under the current R-25 zoning would likely generate less than 300 trips per day. Thus, the proposed zoning would likely result in a substantial increase in the vehicles trips to and from the site. However, traffic impacts on adjoining streets away from the site would likely be rather. minor. The: types of businesses allowed under a C-N zoning tend to serve predominately the adjoining neighborhood and passing motorists. Of the 4.000 trips per day the majority are likely to be motorists who are a_ready passing by the site and stop briefly at the site; thus, these trips would not represent new trips on Scholls Ferry Road. A C-N type development would be expected to receive much of its business from the adjoining neighborhood. To the extent that the C--N zoning development provides a new business location for the neighborhood, it may actually reprement a decrease in trips on Scholls Ferry Road- Neighborhood residents c-uld shop in their nelghborhzod rather than driving to a more distant commercial location. STAFF REPORT - CPA 89-08/ZC 89-08 - GROSS - PAGE 2 Therefore, we cc�nc..i-...,...-,. r_hat the ed _..na change would lead to a substantial in'rcease traffic: at t. `- sit-, wt:>uld probably lead to some increase in the turning .t,ovefaerte at -he inte=rsection of 135th and Sciaolls Ferry Road, but would lead to nor _ .:..ala traffic impacts on the street system away from the itamed£ate viz.t,.,,.ted of the site. If the C-N zoning is approved, It Appears that. adequate controls are available through the site deve.Lopatent review pro<:eso to adequately accommodate the increased potential trafflic to and from the site. Impacts on the utility and storm drainage systems from dev-lopment under the C-N zoning would be approximately the same as thorn :or de.elozm)t under the existing R-25 zoning. Recommendation: The Engineering Division has no objc...... ..:r- -.o tho proposed zone change. Washington County•s Department of Land Use and Tran.sportatio,.: ...::az rwvi.aw»d the proposal and commentaz Our primary concerns with this application are traffic ant: access issues. The County and the Oregon Department of Transpartation (ODOT) have been jointly developing plans to improve and widen Scholls Ferry Road to accommodate existing and projected traffic to the year 2010. Those improvements are intended to support the traffic generated by existing land use plans, not to induce land use plan changes along the Scholia Ferry Road corridor. The applicant asserts, without findings, that this plan amendment will reduce congestion on Seholls Ferry Rcad. The Schollo Ferry Road project includes elimination of the Old Scholls Ferry/Scholls Ferry intersection by realigning Scholls Ferry Road with Davies Road, constructing a cul-de-sac on the ex£stir:,g Scholls Ferry Road, and vacating the existing connection to old Scholls berry. The signal at this intersection will be removed, and a signal will be Installed at SW 135th. Scholls Ferry Road will be widened to 5 lanes and will require additional right-of-way from this site. Final glans have not been completed, so the exa.,t amount of right-of-wa• needed is unknown, but it will likely be approximately 30 feet, to accommodate a right turn lane at 135th in addition to the through lanes. No access could be granted on Sch..11s Ferry Road not only because of access spacing criteria (1000 feet), but because of the standing queues at the 135th signal and the additional right turn lane onto 135th. The proposed access on 135th would need to be analyzed, and a traffic impact statement prepared before we could assess its impacts. The additional traffic generated and the additional turning movements at the 1345th/Scholls Ferry intersection may cause an unacceptable level of service for the design proposed in the Scholls Ferry Road project. The State of Oregon Highway Division has reviewed the proposal and has the following comments: STAFF REPORT - CPA 89-08/ZC 89-08 - GROSS -- PAGE 3 The proposed zone change would generate additional vehicle trips on both SW 135th and SW Scholls Ferry Road. A rough estimate with a 37,000 square foot retail center at 117.9/1,000 is 4360 ATR (averAge trip rate) compared to 280 ATR for R-25 zoning. This should require a traffic report before it is considered. An access peL-mit is required. Frontage improvement should include a loft turn lane as well as the curb and sidewalk. Neighborhood Planning Organization #7 has .reviewed the proposal and has the following comments: After consideration of the applicant's statement, NPO #7 feels that the subject request can not be supported. A list of the major reasons why we feel we cannot lend our support to this request follows: a. Based on projected transportation and construction for the area, any business would be stressing an already congested intersection area which is planned for an even greater traffic load. b. This property Is already zoned R-25. If the zoning were to be changed, then this density level would have to be relocated somewhere else in the city. C. Properties located at SW Scholls and SW North Dakota, and at new Scholls and the proposed Murray extension, both barely outside 8 the Summercreek neighborhood, are presently zoned Commercial Neighborhood. It is felt that these properties if developed as zoned, would service the area adequately with no need for further zoning of this type. No other comments were received. S. FIND119GS AND CONCIMSIONS The relevant approval criteria in this case are Statewide planning Goals 1, 2, 9, and Goal 10 and City of Tigard Comprehensive Plan policies 1.1.2, 2.1.1, 5.1.4, 6.1.1, 6.6.1, 7.1.2, 7.6.2, 8.1.1, and the locational criteria for Neighborhood Commercial designated areas in Section 12.2. The staff concludes that the proposal is consistent with the applicable Statewide Goals based upon the following findings: 1. Goal 1 is met because the City has adopted and follows a citizen involvement program which includes review of development applications by the Neighborhood Planning Organization. In addition, all public notice requirements ha,•e been met for the subject application. STAFF RXPORT - CPA 89-08/ZC 89-08 - GROSS - PAGE 4 2. Goal 2 is satisfied because the Citv has applied all applicable - Statewide Planning Goals, City Comprehensive Plan policies, and Community Development Code requirements in review of the application. 3. Goal 9 is met because the proposal would increase the City's developable commercial land base thereby increasing economic opportunities within the City. 4. Goal 10 The Metropolitan Housing Rule (OAR 660, Division 7) requires that the average density allowed for all developable residential land within the City's original planning area be a minimum of ten dwelling units per acre. The City's acknowledged plan in 1984 inventoried 1,311 acres of developable re=sidential lane] in the City and the estimated housing opportunity index was 13,110 units. Since then, eight plan amendments have been approved which in turn amended the inventory. Therefore, the City's current inventory includes 1,290 developable acres and a housing opportunity for 13,212 units (20.16 units per, acre). The subject proposal would reduce the amount of developable residential land by approximately _' acres and the housing opportunity index by 47 units. It isstaff's opinion that this property may ultimately be unsuitable for residential development due to its small size and its close proximity to three streets. This situation would be partially alleviated with the proposed closure of SW Schoils Ferry Road at this location. If any residential development were to occur on this property, substantial measures would need to be taken in order to buffer the residents from the adjacent noise and vibration of the three roadways surrounding the property. Consequently, if the property were to be developed abs R-25, large building setbacks and buffer areas, on-site accessways, preservation of the large evergreen trees and the provi.31on of residential amenities such as a pool, carports and/or garages could reduce the amount of developable land to less than 1.87 acres. As a result, the housing opportunity index would likely be far less than 47 units. Another Comprehensive Plan Amendment, CPA 89-07/zc e9-07, is being considered simultaneously by the Planning Commission and has the potential to add almost 125 dwelling units to the housing opportunity Index. This change to the Comprehensive Plan would negate the relatively small reduction in potential housing units pending with _ this application. Should the Commission rule favorably on both applications, the City's housing opportunity index would not be adversely affected. The staff concludes that the proposal is consistent with the Comprehensive Plan policies based upon the following findings: STAFF RRPORT - CPA 89--08/2C 89-08 - GROSS - PAGE 5 1. Policy 1.1.2, implementation Strategy 2 is satisfied because the policies of the comprehensive Plan are satisfied as described below and because significant physical changes in the neighborhood, as evidenced by the great amount of development in the area surrounding the subject site, have occurred since the site's annexation. Implementation strategy 2 is also stated as Code Section 18.22.040. 2. Policy 2.1.1 is satiefIed because Neighborhood Planning Organization 7 and surrounding property owners were given notice of the hearing and an opportunity to comment on the applicant's proposal. 3. Policy 5.1.4 is satisfied because the neighborhood commercial designation would not result in substantial neigiaborhood commercial encroachment into a residential neighborhood. The subject parcel is only 1.87 acres large and is already surrounded by residentially zoned land. The encroachment of residentially zoned and developed properties to the northeast, southeast and south can already be readily observed. Immediately to the east of the subject site lie about 17 acres of buildable land also zoned R-25. This land could not readily be developed as C-N designated land because of the Code's two acre maximum size requirement for -N parcels, which in turn would require a partitioning of the large acreage into smaller parcels. It is speculative but possible that the adjacent land to the east might someday also be rezoned C-G (Commercial General). However, a joint study conducted by the Cities of Beaverton and Tigard on the amount of commercially zoned land within the SW Scholls Ferry corridor concluded that there are ample amounts of commercially zoned land and leasable space already available in the area. Encroachment or sprawl of existing general commercial land to the east (Greenway Town Center) is not possible because of the Summerlake residential development extends to and abuts SW Scholls Ferry Road inbetween the center and the 17 acre residential parcel and so any resulting future commercial o rip would not be corr_iguous. From the standpoint of good land use planning, the creation of intermittent, abutting commercial and residentially zoned land along the corridor is not desirable. 4. Policy 6.1.1 is satisfied because the proposed redesignation is not anticipated to affect rent levels or housing opportuni iec in Tigard. Approval of the proposed amendment would not affect the developable acreage of 1,290 acres and the housing opportunity will be decreased but by a small amount. This proposal w"3- reduce the cIty's housing opportunity by at most 25 units to 13,065 units (10.14 units per acre) (see attached memorandum). So much multi-family development had occurred within Tigard in the last few years that removal of the opportunity to build a relatively small number should not dramatically affect the rental housing costs in Tigard. In 1988, the City Building Division issued building permits citywide for the construction of 229 multi-family residential and 297 single family residential units. Through July, 1989, over 292 building permits have been issued for multi-family housing units and 183 for �' STAFF REPORT - CPA B9-08/ZC 89-08 - GROSS - PAGE 6 single family residences. At the half-year mark, the City is already far ahead of its total 1988 housing unit total. Therefore, the HetroHousing Rule's minimum density requirement will continue to be met by the ty If the proposed amendment is approved. 5. Policy 6.6.1, which requires buffering between different land use types, will be addressed in conjunction with a development application. 6. policies 7.1.2, 7.3.1, 7.4.4 and 7.6.1 have been satisfied because the City Engineering Division will review all utility plans prior to their installation to ensure that they are of adequate capacity, that they meet City design standards, that any new structures will connect to city sewer and that water service for fire rcoteetion is accessible. 7. Policy 8.1.1 is eatLefied because this property fronts SW 135th Avenue, a minor collector street and resulting traffic will not be directed through existing neighborhoods. S. The applicable locational criteria for Neighborhood Commercial development are satisfied for the following reasons% a, Spacing and Location The site size will meet the locational scale criteria of a maximum two acre site for a Neighborhood Commercial zone. Commercial activity will be limited to the southwestern quadrant of the intersection of SW 135th Avenue and SW Scholls Ferry Road. All other intersections will remain residential. On the northern side of SW Scholls Perry Road, the City of Beaverton has designated these lands Multi-family Residential and Single Family Residential to the northeast. The City of Tigard Comprehensive plan contains a spacing requirement for the spatial distribution of neighborhood commercial zoning districts throughout the City. A requirement for a one-half mile service area radius of a neighborhood commercial center is intended to distribute C-N zoning districts throughout the City. Staff notes that there are currently only three neighborhood commercial zones in the city, one of which is situated along the proposed SW Xurray B1-rd. extension, about a half mile to the southwest. Another neighborhood commercial zone is located approximately 0.5 miles to the east on the southeastern corner of SW North Dakota and SW Scholls Ferry Road. The third C-M parcel is located about 3.5 miles to the southeast at. SW Durham Road and Hall Blvd. Good land use planning ideally provides for neighborhood commercial zoning districts that are distributed throughout the city and which are close to densely populated residential areas. The purpose of a C- N zone is to provide pedestrian-oriented, small scale services to residents of the immediate neighborhood. The addition of this neighborhood commercial center could reduce automobile passenger trips to other commercial areas for convenience goods and services, STAFF RRPORT - CPA 89-08/2C 89-08 - GROSS - PAGE 7 reduce the duration of such trips and possibly reduce energy Aff consumption. b. Access According to the City Engineering Division, th,7 State Highway Division and the City of Beaverton, a commercial development at this site would likely exacerbate traffic congestion already present in the vicinity of old and new SW Scholls Ferry Roads. Future development on the subject property will be allowed access only on SW 135th Avenue, a collector street, and will not cause traffic to meander through local neighborhoods to get to the site. Additional comments regarding access can be found in a discussion later in this report concerning impact assessment. c. Site characteristics The site will have direct access from SW 135th Avenue, a minor collector street, and indirectly from SW Scholls Ferry Road. Development on this property will not direct traffic through local neighborhoods to get to the site. The site has no development limitations which would restrict commercial construction other than the proximity of the three streets and the large evergreen trees. d. Impact Assessment The scale of the site will be commensurate with the surrounding residential uses. The size of the parcel is within the maximum allowed by the Code for properties to be designated as neighborhood commercial. The configuration of the site and its relationship with the street system is such that the adjacent residential land ta the south can be buffered with landscaping and other screening, specifically a combination of trees, shrubbery and possibly even a fence. Unique features on the subject site primarily include its trees, which can be protected by tree removal permits at the time of development and which can be incorporated into the Site's landscaping. Adjoining residential uses can be protected by off-site Impacts by Careful City review of the placement of building mechanical equipment and loading and parking areas. There are also no adjoining non-residential uses which would be affected by any associated glare, lights, noise and other commercial activities or impacts generated from this site. Four different commenting agencies have noted that the traffic impacts of a commercial development at this site would be greater 'than that of a residential development. .;such uncertainty surrounds the issue of long-term impacts caused by traffic because the much- discuosed transportation improvements are still uncertain. It may be that once these and other Area-wide improvements have been completed and SW Scholls Ferry Road to the east of the site has been widened, then any impacts caused by this proposal and subsequent development STAFF REPORT - CPA 89-08/ZC 89-08 - tiROSS - PP-GLF 8 i A will negligibly affect the area. However, staff concludes that the current congestion and safety encountered by motorists at peak traffic hours on SW 5cholls Ferry Road should not be exacerbated by additional motorists until transportation improvements are in place. In conclusion, staff finds that the proposed Plan Amendment from High Density Reeidenrial to Neighborhood Commercial and the proposed Zone Change from R-25 to C-N for the subject 1.87 acre site are generally consistent with all applicable Statewide Planning Goals, City of Tigard Plan policies, and the locational criteria for Commercial Neighborhood development. The City of Beaverton, Washington County, the State Highway Division and staff all share concerns about the short-term impacts of traffic in the area and access to and from the property. The housing opportunity index may be slightly and negatively afected by this proposal; yet approval of other concurrent proposals by the Commission may outweigh a reduction in the housing opportunity index resulting from this proposal. Future construction plans for the SW scholls Ferry corridor, this tuterer -tion and old and new SW Scholls Ferry Road are not final at this time. Therefore, staff recommends that an approval of this proposal be delayed until such time that the public improvements to the area are completed and traffic impacts of any development on the subject parcel can be adequately assessed. C. TIO To forward CPA 89-08/ZC 89-08 to the city Council with a recommendation for denial based on the above findings and conclusions. PREPARED BY: Deborah Stuart APPROVED BY: Elizabeth Newton Assistant Planner Senior Planner .. STAFF REPORT - CPA 89-238/ZC 89-08 - GROSS - PAGE 9 '. ex a 28127- 33134 8 2733 34 __ �_ _ - g�► f s. �G o 0=0 SUMMERL / ` � AKE_PARK J-1 C--TTT-TTT IT m 33 34, :> 4 '—.-..� a`�`o s 5 �i � �n,"�� li�-J '1 s•� ,�c�t'—}t �—�—_rl-M r cif � 3 11 r I r