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Resolution No. 92-24 CITY OF TIGARD, OREGON RESOLUTION NO. 92- � A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING FINDINGS AND CONCLUSIONS TO DENY AN APPLICATION FOR A COMPREHENSIVE PLAN AMENDMENT (CPA 92-0001) AND ZONE CHANGE (ZON 92-001) REQUESTED BY CHESTER ROBINSON .AT 10330 SW SCHOLLS FERRY ROAD (WCTM 1S1 34AB, TAX LOT 3300) WHEREAS, the applicant requested a Comprehensive Plan Amendment for a 2.55 acre parcel from Medium Density Residential to Medium-High Density Residential and a Zone Change from R-12 Multi-Family Residential to R-25 Multi-Family Residential; WHEREAS, the Tigard Planning Commission heard the above application at its regular meeting April 20, 1992, and recommended denial; and WHEREAS, the Tigard City Council hear the above application at its regular meeting of May 12, 1992. 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 Community Development 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 c7;)LG d y f , 1992. ayor - City of Tigard ATTEST: City Recorder - City of Tigard RESOLUTION NO. 92- Page 1 moon A"P.MV Alaw EXHIBIT is AGENDA ITEM - � STAFF REPORT TO THE PLANNING COMMISSION HEARING DATE: April 20,, 1992 - 7.30 P.M. HEARING LOCATION-- Tigard City Hall - Town Hall 13125 SW hall Blvd. Tigard, OR 97223 A. FACTS 1. General Information CASE: Comprehensive Plan Amendment CPA 92-0001 Zone Change ZON 92-0001 REQUEST: Plan .Map Amendment from Medium Density Residential to Medium-High Density Residential, and zone Change from R-12 (Residential, 12 units per acre) to R-25 (Residential, 25 units per acre). APPLICANT/OWNER: Chester Robinson 10330 SW Scholls Ferry Road Tigard, OR 97223 AGENT: Planning Resources, Inc. (Rick Givens) 6564 Lake Road Milwaukie, OR 97222 LOCATION: 10330 SW Scholls Ferry Road (WCTM 181 34A33, Tax Lot 3300) 2. Background Information The applicant's home, a single-family detached residence, is located on the property_ =There have been no land use applications approved by the City for this site. 3. _ Proposal Description The application requests a Plan Map Amendment from Medium Density Residential to Medium High Density Residential for the 2.55 acre site. Additionally, the applicant proposes to change the zone from the existing R-12 designation to R-25. The application package includes an applicant's statement prepared by Planning Resources, Inc. in support of the application. CPA 92-0001 / ZON 92-0001 ROBINSON Page 4 Mayin AMM 4. Vicinity Information Pages two and three of the applicant's statement i-nc).ude details on existing development both on the subject property and in the surrounding area. Additionally, this description provides information on public facilities which are available to serve future redevelopment of this site. 5. Agency and I4PO Comments The State of Oregon Highway Division-has reviewed this proposal and has offered the following comments- The jurisdiction over this section of Scholls Ferry Road has- been transferred from ODOT ta'washington County, therefore ODOT will defer to -the County's comments with regard to this section of. roadway. Upon completion of the Scholls Highway Widening - Project, the road will consist of four 12-foot travel lanes, a continuous 14-foot left turn median lane, additional right-turn lanes at most signalized intersecZlo-ns, 6-foot bicycle lanes, curbs, and -6-foot sidewalks, with a signal at Conestoga Drive. 1. The application states tha-c Statewide.P_1ann1ng Goal 12 and Tigard Comprehensive-P]an nut_ R 1 1 ca- be suet because "City staff have indicated that this roadway. has adequate..- capacity- to .service the proposed land use." However, no analysis has been preformed of the capacity of the new signalized intersection of Conestoga and Scholls to handle the auditi©nal traffic: TH& -1987- Traffic Analysis Report performed as part of the widening project indicates that the intersection after improvement will operate at Level of Service (LOS) ID" for the left turn movement from the north, and the through movement from the east_ Adding a phase to this intersection to accommodate traffic from the site Will definitely -impact the LOS of this intersection, and may bring it down to an unacceptable LOS "E"_ The applicant has not demonstrated that the proposed plan amendment and zone change can meet Statewide Planning Goal 12, City Policy 8_1_1, nor section OAR 660-12-060 of the Transportation Planning .Rule. Without additional information, it is not possible to evaluate whether the intersection has adequate capacity to handle the additional traffic that would be generated by a doubling of the density_ CPA 92-0001 / ZON 92-0001 ROBINSON Page 2 - -- Additionally, as S.ndicated by the Environmental Assessment for the Scholls Highway 'Widening project, noise walls will be constructed in front of the on-the-Green Condominiums, Conestoga Apartments, Westwood Green Apartments, and Springwood Village Apartments. The developer of this property should be aware that noise should be coni-dered in the future design of this project_ The Washington County Department of F.and 'Use and Transportation has reviewed this proposal and has offered the following comments: I. S`q Scholls Ferry Road is now under the jurisdiction of Washington County. 2_ This request could potentially result in an increase of traffic generated from the 2.55 acre site. v7ashington County is concawned that adequate findings be requixed for the record to show that this proposed Zone change will not impact Regional. and County Level of Service goals. According to the ITE trip generation data, this site could curren=tly generate 192 Average Daily Trips (ADT) and 19 Peak Hour Tri-Ps. ' The- proposed Zone Change could raise the-ADT to 400 -and.44 Peale Hour Trips [A difference of 308 ADT and 25 Peak Hour Tripsl. Tire County requests that the City defer,a decision. on -leis .-proposal - until the applicant provides - additioaal--traffic iaiformation which shows that_ The regional peals-hour level. of service goal is "D with 20 Minutes of E-- At this level these..is' 'moderate traffic _ congestion, and motorists are likely to stop for one signal cycle at each signalized intersection. Evidence must be sulsmitted that the above Level of Service requirement can, or gill, be met prior to approval of the Zone Change. 3. Scholls Ferry Road is a County Major ArteriaL with a minimum access spacing standard of 1,000 feet. Since the proposed access opposite Conestoga is less that 1,000 feet from SW Springwood, a variance to the Washington County Uniform Road Improvement Design Standards will be necessary to allow access to SW Scholls Ferry Road. An alternative to this could be obtained upon the acquisition of a shared access to SW Springwood to the south and east of f" the site. CPA 92-0001 1 ZON 92-0001 ROBINSON Page 3 a ( 743 WT 4. Adequate right-of-way exists along the site's frontage of SW Scholls Fe=ry Road. Therefore, County staff recommends that the proposed Lone Change be DEFERRED until adequate findings ase In the record which assure one of the following: 1) Adequate Levels of Sexvice can be mains a= for Scholls Ferry Road along the site's frontage. if such findings are an the record showing that Level of Service Goals can be met at the C-onestoga/Scholls Intersection, the applicant shall request and receive app=oval for a ModifIj=at On to the Washington County Uniform Road Improeement Design Standards to allow new access within 1,000 feet of SW Springwood; o= 2) Obtain access to the south and/or east of the site to S!?a SP=ingw—d D=ave. If such access Is possible and proposed, the applicant shall be required to demonstrate that t o Springwood/Scholls Intersect-Ion shall continue to operate at levels of service acceptable to the County_ Such access may require the signali.zation of the Springwooct/Scholls intersection. The City of Tigard Engineering Department has :reviewed this application and has determined that adeq-,sate public services are available to serve this site. The public zoning.designation could gene=rate t49ice as wacia traffic a=Uia this site as is 'possible with the curreznt R-12 zoning designation.. The applicant states that if a _multi-family development were to be constructed on this site (R-12 or R-25f,' the access point for the development would line up wit-!I the existing roadway (SW Co:lestoga Drive). The City will have the opportunity to further review future potential isimpacts under the Site Development Review application process. Tigard water. District has reviewed this proposal and has offered the following comments: Although we have no objections to the proposed zoning change, we . would like to inform the developer that an eight inch (minimum) water main would need to be extended from SW Scholls Ferry Road and SW Springwood Drive to the proposed development site_ As with all developments, water main size and location, including water meters, will be reviewed and approved through the water District. l CPA 92-0001 / ZON 92-0001 ROBINSON Page 4 School District number 48 has reviewed this proposal and has offered the following comments: This proposal for a Plan Amendment and Zone Change will not impact enrollment at Ueave1:t0 x School District_ Please submit when the property will be developed. 'geighborhood Planning Organization #7 has reviewed this proposal and has offered the following comments: NPO #7 would like to table this application until the next meeting to allow: 1) the surrounding residents to be notified by the City; 2) a comment period to be provided; and 3) item F of the application elements to be satisfied. T_-.x reQponse to the dents from NPO 07, notice of this Public Hearing was nailed to all property owners within 250 feet of the subject site on March 31, 1992. Therefore, the comment period which is required by the State of Oregon (20 days) has been met. Additionally, item F on the CPA./ZON appli-cation form xecuests a list of property owners and addresses within 250 feet of the subject site. This list is in the applicant's file and was generated prior to the mailing of the notice. It was this list xwhich was used by_the City to mail the public hear-ing notice to all property owners -'ithIn 250 feet of the subject site. There- was no comment from the NPO regarding-_,the specific-application request. Tualatin Valley Fire and Rescue District #1, and The City of Beaverton have reviewed the proposal and have offered ` no o'njectioans to tfie proposed redeasignation_ B. FINDINGS AND CONCLUSIONS The relevant criteria in this case are Statewide Planning Goals 1, 2, 10, 11, 12, and 13; Tigard Comprehensive Plan Policies 1.1.1, 2.1.1, 6.1.1, 6.6.1, 7.1-2, 7-2.1, 7.4.4, 7.6.1, 8.1-1, 8.1.3, 8.2.2, 9.1.2, and Chapter 12, Locational Criteria, and the change or mistake quasi-judicial map amendment criteria of both the Comprehensive Plan and Community Development Code. The Planning Division concludes that the proposal is consistent with the applicable Statewide Planning Goals and Guidelines based upon the following findings_ 1. Goal #1 (Citizen Involvement) and Tigard Comprehensive Plan Policy 2.1.1 are satisfied because the City has CPA 92-0001 / ZON 92-0001 ROBINSON Page 5 adopted a citizen involvesaent.program including review of all land use and development. applications by City established Neighborhood Planning Organizations (NPOs)- NPO #7 has been provided with an opportunity to review this proposal. These comments have been included in this staff repOrt. In addition, public notice re uj=emests related to this application have been satisfied. 2. Goal 92 hand Use Planning), Plan Policy 1-1.1, and the quasi-judicial plan and zone change approval standards of Code section 18.22-040 are satisfied because the City has applied all applicable Statewide Planning Goals, City of Tigard Comprehensive Plan Policies, and Comxmanity Development Code requirements to the rev ew Of The City of proposal, as described in this repo Tigard has notified other affected units of go®erncaent including wash3-ngton County, the Oregon Department of Transportation Highway Division, and the Oregon Department of band Conservation and Development of the proposal. Service and utility providing agencies have also been notified of the proposal. 3. Goal 910 (Housing) is satisfied because the proposal would provide for additional housing opportunities as promoted by. the City's -Comprehensive Plan .and the Metropolitan Housing Rule (Oregon Administrative Rules, Chapter 660, Division 7). The Metropolitan Housing Rule requires that the City maintai-n a minimum housing opportunity.rate. for developable land of 10 Units filer acre and a minimum iivusirg opportunity mid of 50/50 or- single family and multifamily housing. Approval of the proposal would provide increased housing opportunities on the City's developable residential lands by 33 dwelli-ng. units_ 4- The proposal is consistent with the public facility objectives of Goal #11 (Public Facilities and Services) because adequate public facilities presently exist at or near the site to serve development at the residential densities proposed by the requested Plan Amendment As pointed out in the applicant's narrative, sanitary sewer is available to service the site from a 15 inch trunk line which follows the south and west boundary lines of this property- water service is available from the 12 inch water main in Sw Springwood Drive. All uti-li-ties will be provided concurrently with the further development Of this site, and will be designed to City standards, and will be placed underground. 5- Goal §12 (Transportation) and Goal 013 (Energy Conservation) would be satisfied through providing an CPR 92-0001 / zON 92-0001 ROBINSON Page 6 opportunity for an intensive land use to be adjacent--to a major transportation corridor-(Scholls Berry Road) that presently is served by Tri- Let buses. In addition,-the proposed redesignation would provide increased housing opportunities near a substantial amount of existing retail and service opportunities. The convenience of nearby transit service and commercial opportunities to a higher density residential development can result in a lesser need fox individual vehicle trips on nearby�o�` and a companion benefit of lessened energy consumption. Therefore, this proposal would be supportive of these Statewide goals- The subject site is located along an arterial, SW Scholls Fe=--y Road_ Specific design concerns related to access to this road .will need to be considered .in the development review process-for futuxe development of the site- F$owever, the applicant does state: that rhe future access point to this proper_'ty upon further development- would an ingress and egress point lined up with the Intersection of Conestoga Drive and Scholls Ferry 12oad- The planning Division staff has determined'that the p fpothae is largely consistent with :applicable portions _ Comprehensive Plan based upon the findings noted below-- 6. plan policy 2-1.1 (Citizen Involvement.) is sans€ied- because Neighborhood Plann;ng Organization 7 and surroundings property owners were given notice of the public hearing related to this request as well as their opportunity to comment on the proposal 7. Plan policy-- (Housing Needs) is sa.tj.sfied because the proposal-would provide the opportunity for additional. medium-high density multi-family development which would increase tate net housing opportunity on buildable lands in the City. This is detailed in the above discussion regarding Statewide Planning Coal 10- 8_ Plan policy 6.6.1 (Buffering and Screening) will be satisfied through the application of the buffering and screening requirements of the Community Development Code to any future development proposal for this property. 9- plan policies 7.1.2, 7.2.1, 7.4.4, and 7.6.1 (Public Facilities and Services) are satisfied because adequate public water, sanitary sewer, storm sewer, fire and rescue, and police service capacities are available to serve potential development on the subject property. Specific concerns related to extension of utility ( services to the site or analysis of storm drainage CPA 92-0001 / zON 92-0001 ROBINSON page 7 provisions will need to be considered in the development review processes upon future development of the site. 10. plan Policy 8-1.1 (Transportation) requires the City to plan for a safe and efficient. street and roadway system that meets current needs and anticipated future development.. The subject property fronts SW Scholls berry Road. This street is an arterial and is currently being improved to four traffic lanes and a center left turn lane along the frontage of this site. As stated above the Agency Comwents section, a traffic analysis would provide verification as to whether the potential increase of density on this site would produce negative traffic impacts on SW Scholls Ferry Road. 11- plan Policy 8-1.3 will be satisfied as a condition of approval of any future development of the. property. Street improvements are currently being installed by the State of Oregon Highway Division as specified above under Plan Policy. 8.'1.1. Street right-of--way has already been dedicated along the property frontage to allow for the widening of Scholls Ferry Road. The City's Engineering Division will review any futuce development proposals for this property to ensure that all necessary on-site streets, curbs and side-calks will be constructed at the time of development- 3.2. Plan Policies 8.2-2 and 9.1.1 are satisfied because Tri- Met offers bus service on SW Scholls Ferry Road in close prox1= ty_.to._this site. In addition, a variety of commercial and serv*lce Opportunities exist along sw Scholls Ferry Road relatively close to the site_ Therefore, the proposed redesignation would locate an intensive type of..development within close proximity to an existing public transit route and needed retail services supportive or residents' needs, thereby encouraging a reduction in energy consumption as compared to typical suburban development patterns. 13. Plan Policy 9.1.2 is satisfied because the proposed redesignation would provide the opportunity for medium- high density residential development in proximity to transit routes, major highways, and existing commercial services thereby promoting cffic.i.ent use of the transportation system and possible reduced energy consumption- 14- The locational criteria specified in Plan Policy 12.1-1 for Medium-High Density Residential use are satisfied for / the following reasons: l CPA 92-0001 / ZON 92-0001 ROBINSON Page 8 . r a_ The land use pattern surrounding the ' subject property is predominantly multifamily residential_ As the applicant's statement points out, _the surroundir-g .area specifies a Medium Density Comprehensive Plan designation to the immediate south, west and east of the site. General Commercial is located further to the west, with Industrial Park further to the east_ Condominluas and apa t1Ments are located directly north of the site,, within the jurisdiction of City of Beaverton, whereas t"a area south of the site and across Englewood Park is designated Low Density Residential_ b- Density tzansition, buffering, and screening requirements of the Community Development Code may he uased to help make any future development on the subject P=Qperty more compatible with the low density single family 'residences located to the south,- across _Englewood Park_ This on-site Perimeter landscaping shall be addressed during any future site development review. c. The site has. direct access from Scholls Ferry Road which is functionally classified as an arterial { street_ l d_ Serious development limitations affectiag the properties, such as flood plains, excessively steep slopes-or,poor drainage, are not e. Essential public facilities are present in to serve future development on this site. Ir. appears that these-facritias and sufficient capacity to serve any increase in demand caused by development of the site. f_ Public transit is available on SW Scholls Ferry Road directly at the site. Transit service is provided by Tz-1-Met route 45. g_ A small commercial center (Parkside Shops and Offices) is located immediately to tlae northeast of this site across Scholls Ferry Road. A larger shopping center, the Greenway Town Center development, is located approximately 1,200 feet to the ,nest of the subject property. h- The subject property is contiguous to Englewood Park along its south and west boundaries. Englewood Park has been dedicated as permanent open space_ CPA 92-0001 / ZON 92-0001 ROBINSON Page 9 15. in order to approve a cluas.--judicial amendment to the Plan and zoning maps, the City must also find that there is evidence of a change in the neighborhood or community which z.ffects the subject parcel. Alternatively, the City gust find that there has been a mii.stake or inconsistency made in the original designation of the parcel (Comprehensive P1ax3, Volume 2, Policy 1.1.1, Impleffie:nt.ati[sn !Ctrategi 2 e Commu nit Davrai.aagsuaantt Cad . Section 18.22.040(A)j. The applicants statement concedes that no mist-- ce was made 1n the original designation of the site w:Lt:h the Medium Density Residential designation. The app?icant contends, however, that the developutent of the apka=�ents across the street in the City of Beaverton and the development of commercial uses immediately to the northeast have dramatically changed the character of this area. The major upgrading caf Scholls Ferry Road such is under construction at this time is also a major change In the character of the neighborhood. Thus the applicant feels that a reconslderatilx>n of the land•use designation of the subject property is appropriate. This application proposes to provide the opportun-1ty to utilize the road improvements along SW Scholls Ferry % Roads for benefit of future Medium-High Density Residential development at this site_ one of the issues raised by Washington Co4axxty Departmeaat of Land Use & Transportation states that those road Improvements were desiyzxed•tv: accommodate future traffic volumes under the current land use zoning designations along Scholls Ferry Road_ In other words, these road improvements were designed to accommodate traffic impacts dua to build-out of cu=sent -zoning; not necessarily to accommodate the impact of the doubling of zoning densities on abutting land_ while changes have occurred near the subject site, staff contends that these changes have simply been the result of expected development, given the existing zoning. Therefore, these "changes are not of substantial merit so as to necessitate the approval of the requested Comprehensive Pian Amendment and Zone Change_ The argument and findings made by the applicant in favor of Medium-High Density could also be applied to Medium Density_ This implies that the original land use designation is certainly adequate to allow reasonable development of this site_ Staff does not agree that the character of the area has changed on the south side of Scholls Ferry Road as this area has been developing as planned_ CPA 92-0001 / ZON 92-0001 ROBINSON Page 10 MM. - C. RECOMMENDATION Based upon the findings and conclusions listed above, the Planning Division recommends that the P1a xru ng Commisslon forward a recommendation for denial of tine request to 21 redesignate the subject p=c:bpex-ty with the weA: +ram-High Density Residential Comprehensive P.-an Map designation and R-25 zoning designation. 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