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Ordinance No. 16-17 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 2016- 17 AN ORDINANCE ADOPTING THE COMPREHENSIVE PLAN AMENDMENT (CPA2016- 00001) TO AMEND THE COMPREHENSIVE PLAN MAP AND ZONING FROM R-4.5 LOW DENSITY RESIDENTIAL TO R-7 MEDIUM DENSITY RESIDENTIAL FOR THREE PARCELS ON SW 113T'i AVENUE. WHEREAS, Tigard Municipal Code 18.320.020.0 allows an applicant to request concurrently with the annexation a comprehensive plan map and/or zoning map designation other than the designation automatically assigned; and WHEREAS, Tigard Municipal Code Section 18.380.020 requires quasi-judicial amendments to be undertaken by means of a Type 11I-PC procedure as governed by section 18.390.050; and WHEREAS, the applicant has requested to modify the comprehensive plan map designation and zoning from R-4.5 low density residential to R-7 medium density residential; and WHEREAS, the Tigard Planning Commission held public hearings which were noticed in accordance with city standards, on June 20, 2016 and July 18, 2016 and recommended approval of the proposed amendment CPA2016-00001 by motion of 7 to 1 in favor; and WHEREAS, the City Council held a public hearing, which was noticed in accordance with city standards, on August 9, 2016 to consider the Commission's recommendation on the amendment; and WHEREAS, Council's decision to approve CPA2016-00001/ZCA2016-00001 and adopt this ordinance was based on the findings and conclusions found in Exhibit "B" and the associated land use record which is incorporated herein by reference and is contained in land use file CPA2016- 00001/ZCA2016-00001. NOW, THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby amends the Tigard Comprehensive Plan Map to change the Comprehensive Plan Designations and Zoning Districts as shown in Exhibit "A". SECTION 2: The Tigard City Council adopts the findings and conclusions contained in Exhibit "B" in support of the Council's action and basis for approving the ordinance. PASSED: By Wf 7.4 l MllGt--I► vote of all Council members present after being read by number and title only, this fes- day of 14414 4l/0' , 2016. Carol Krager, City Recorde ORDINANCE No. 16- 1 Page 1 APPROVED: By Tigard City Council this fi, day of 4 tfo u&-t' 22016. Approved as to form: John Cook,Mayor City Attorney Date `1 � � 1llo ORDINANCE No. 16-17 Page 2 Y 6TH S ^ R-25 R-7\(PD) q�E C-V. (PD) G��ERFIELD DR o0 _ (P-D)- DURHAM RD Proposed R-7 Medium C-G Pr -R-25 / i Density Residential i �/ �----------- -� WACO R-24 � R-4�:5 Iw CH i�,l - AT_EAU LN CL ^' I TITAN LN w I BRE.T_TON-CT ACO R-5LJ I I KENT ST R 415 D) T-r-�-1 113th Avenue WACO -9 Comprehensive Plan Amendment / Annexation WACO R- Citi'of Tigard Oregon Q J I Data Sources �—J Tigard City Boundary City ofTigard > Metro Washingrton County Q Annexation Area Y 0 j 13125 SW Hall Blvd w+ Scale D Tigard,Oregon 97223 C - 4 Feet TIGAR Aps 503 .639.4171 o loo zoo M www.t;gard_ar.gav I I 1 I /I I L Exnibit B PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL FOR THE CITY OF TIGARD, OREGON is 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NO.: Comprehensive Plan Amendment(CPA) 2016-00001 Annexation(ZCA) 2016-00001 FILE TITLE: 113th Avenue Comprehensive Plan Amendment and Annexation APPLICANTS Vicki Craig Alexander&Theresa Scott & PROPERTY 16325 SW 113t1i Ave. 16380 SW 113th Ave. OWNERS: Tigard, OR 97224 Tigard, OR 97224 Timothy Meskel 16285 SW 113th Ave. Tigard, OR 97224 APPLICANT'S Emerio Design REP: Annemarie Skinner 8285 SW Nimbus Ave., Suite 180 Beaverton, OR 97008 REQUEST: The proposal is to annex three parcels and adjacent right-of-way (approximately 7.5 acres) located on SW 113th Avenue south of SW Durham Road into the City of Tigard. The site's current Washington County zoning is R-5, which when annexed automatically becomes City of Tigard R-4.5 zoning. The applicant is also requesting to amend the comprehensive plan map designation and zoning for the three parcels from Low Density Residential (R-4.5 zoning) to Medium Density Residential (R-7 zoning). LOCATION: 16285/16325/16380 SW 113th Ave.; WCTM and Tax Lots 2S115AB01500,2S115AB01400,and 2S115AB00500 COMP PLAN DESIGNATION/ ZONING DISTRICT: Existing Washington Co. Zoning: R5: Min. four units per acre/max. five units per acre Converted City of Tigard Zoning: Low Density Residential (R-4.5) Proposed City of Tigard Zoning: Medium Density Residential (R-7) PLANNING COMMISSION R1'COMM]''NDATION TO C11-1'COUNCIL. CPA 2016-00001/ZCA2016-00001 113111.venue Comprehensive Plan.Amendment/.Annexation PAGF 1 Oh 18 APPLICABLE Community Development Code Chapters: 18.320, 18.380, 18.390; REVIEW Comprehensive Plan Goals 1, 2, 10, 11 and 14; Oregon Revised Statutes CRITERIA: Chapter 222; Statewide Planning Goals 1, 2, 10, 11 and 14; and Metro Code Chapter 3.09 SECTION II PLANNING COMMISSION RECOMMENDATION [!Ihe Planning Co 'otrunends at th` opt by ormprehensive Plan Map Amendment and Annexation,as determined through the public hearing process. SECTION III BACKGROUND INFORMATION Site &Vicinity Description The site (approximately 7.5 acres) is made up of three parcels on the east and west sides of SW 113th Avenue about 700 feet south of SW Durham Road. The proposed annexation area also includes the adjacent SW 113th Avenue right-of-way. Each parcel is developed with a single-family home, which are served by septic and City of Tigard water. The site contains sensitive areas (drainageway and vegetated corridor). Due to the area's proximity to Durham Road and Pacific Highway, it has a variety of zoning designations and development types. Properties to the north are generally within the City of Tigard with the exception of tax lot 300, which is within unincorporated Washington County. This parcel is zoned Washington County R24 (residential, 19 units/acre min. density, 24 units/acre max. density) and developed with an apartment complex, approved by Washington County in May 2014. Other properties to the north are zoned City of Tigard C-G (General Commercial) and R-25 (Medium High Residential). These sites are developed with apartments and commercial buildings. Other zones in the area include Washington County R5 and R9 to the south and City of Tigard R-4.5 and R-2. Uses include single-family homes on lots of varying sizes and a mobile home park. Access to the subject site and homes to the south is via SW 113th Avenue from SW Durham Road; there are no other connections to streets in the area. The public right-of-way for 113th extends approximately 500 feet south of the subject site before becoming a shared private access drive for homes close to the Tualatin River. Proposal Description The proposal is to annex three parcels and adjacent right-of-way (approximately 7.5 acres) located on SW 113th Avenue south of SW Durham Road into the City of Tigard. The site's current Washington County zoning is R-5, which when annexed automatically becomes City of Tigard R-4.5 zoning. The applicant is also requesting to amend the comprehensive plan map designation and zoning for the three parcels from Low Density Residential (R-4.5 zoning) to Medium Density Residential (R-7 zoning). Planning Commission Recommendation On June 20, 2016 and July 18, 2016 the Tigard Planning Commission held public hearings to consider the proposal and make a recommendation to Council. At the June 20th hearing staff presented the staff report and recommended approval of the proposal. The applicant's representative presented the proposal and PI_-INNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2016-00001/ZCA2016-00001 113th Avenue Comprehensive Plan Amendment/Annexation PAGE 2 OF 18 testimony was given by both opponents and proponents of the proposal. Due to a late arriving petition from neighboring property owners opposing the changes to the Comprehensive Plan designation and zoning, the applicant's representative requested a continuance. The public hearing was held open and continued to a time certain Quly 18,2016). At the July 18th hearing, staff introduced written documentation received from the applicant public comments into the record. The applicant was given time to speak and additional public testimony was received. Written comments and public testimony are discussed in greater detail in Section VIII of this report and in the minutes of the hearing. All testimony was considered by the Planning Commission as part of their deliberations. At the conclusion of their deliberations, the Planning Commission voted 7 to 1 in favor of a motion recommending City Council adopt the proposed amendment and annexation. SECTION IV. REVIEW PROCESS This section outlines the application review process. The proposal includes an annexation and a comprehensive plan amendment/zone change. Section 18.320 of the Tigard Community Development Code (TCDC) states that annexations shall be processed by means of a Type IV procedure, which is a public hearing before the Tigard City Council. Because the request also includes amending the zoning and comprehensive plan map designation for three specific sites, it is considered a quasi-judicial amendment. According to TCDC 18.380.030.A, zone changes that include a comprehensive plan map amendment shall be processed by a Type III-PC procedure. The Tigard Planning Commission shall make a recommendation to the Council, and the council shall decide the applications. This application will be decided by Tigard Planning Commission making a recommendation to the Council using the review criteria outlined in the following sections of the Tigard Community Development Code: 18.320 Annexations 18.380 Zoning and Map Amendments 18.390 Decision Making Procedures (section 18.390.060.G) SECTION V. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS This section contains all the applicable city, state and metro policies, provisions, and criteria that apply to the proposed comprehensive plan map amendment and annexation. Each section is addressed demonstrating how each requirement is met. Tigard Community Development Code(Title 18) Chapter 18.320: Annexations 18.320.B.Approval Criteria. The decision to approve, approve with modification, or deny an application to annex property to the city shall be based on the following criteria: 1. All services and facilities are available to the area and have sufficient capacity to provide service for the proposed annexation area; and PLANNING CONMESSION RECOMMENDATION TO CITY COUNCIL CPA 2016-00001/ZCA2016-00001 11311,Avenue Comprehensive Plan Amendment/Annexation PAGE 3 Or 18 The City of Tigard Comprehensive Plan's Public Facilities and Services Chapter states that for the purposes of the Comprehensive Plan,public facilities and services refer to stormwater management,water supply and distribution, wastewater management, community facilities, and private utilities. In addition the Comprehensive Plan Glossary includes public safety, parks, and transportation. All services are available to the proposed annexation site and have adequate capacity to serve existing and future development. Water — City of Tigard/Tigard Water District. The property lies within the Tigard Water Service Area. The existing homes are served by city water. There are existing water lines in SW 113th Avenue, adjacent to the site. There is adequate capacity to serve future homes. Sewer— City of Tigard. The existing homes utilize septic tanks. Homes in the future subdivision will be served by extension of the existing public line east of the subject site. Based on comments from the City of Tigard Public Works Department — Engineering Division, sewer is available in the area and there is adequate capacity to serve the future homes. However, the applicant should note that the existing topography may make it difficult to adequately serve the area west of the deep ravine. Stormwater — City of Tigard. Stormwater from the future development will be directed to an on-site facility before being released into the on-site creeks. Treatment and detention will be required in accordance with Clean Water Services standards. Detention will control the amount and flow rate of water into the creeks. Streets — City of Tigard Engineering Division. The subject property is currently served by a public street (SW 113th Avenue). New public streets extending from 113th will be constructed as part of the development to serve future homes. Street improvements along the site's 113th Avenue frontage are also required for development. The properties are within the Washington County Urban Road Maintenance District and will be removed from the district upon annexation. Police — City of Tigard Police Department. Police services are currently provided by the Washington County Sheriff. If approved, the property will be withdrawn from the Enhanced Sheriffs Patrol District. Jim Wolf of the Tigard Police Department has reviewed the proposed annexation and has no objections. Fire — Tualatin Valley Fire and Rescue. The subject property is in Tualatin Valley Fire and Rescue's (fVF&R's) service area. The TVF&R District currently provides services to site, which will not change following annexation. The Fire District has personnel and equipment in the area that can respond to an emergency incident and implement such actions as may be necessary for fire and/or rescue operations. Parks—City of Tigard. The annexation and development of this property will not adversely impact the city's ability or capacity to provide parks. System Development Charges for Parks will be collected for any future homes constructed on the site. FINDING: Based upon this review, staff finds that all public services and facilities (as defined by the Comprehensive Plan) are available to the proposed annexation territory and have sufficient capacity to provide service. The proposed annexation will not reduce the level of services within the City of Tigard. This criterion is met. 2. The applicable comprehensive plan policies and implementing ordinance provisions have been satisfied. FINDING: The applicable comprehensive plan policies and implementing provisions have been satisfied PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2016-00001/ZCA2016-00001 113d,Avenue Comprehensive Plan Amendment/Annexation PAGE 4 OF 18 as shown later in this report. Chapter 18.380 Zoning Map and Text Amendments Chapter 18.380.030.B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve, approve with conditions or to deny an application for a quasi-judicial amendment shall be based on all of the following standards: 1 Demonstration of compliance with all applicable comprehensive plan policies and map designations; 2. Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and FINDING: The applicable comprehensive plan policies/map designations, code provisions, and implementing provisions have been satisfied as shown later in this report. 3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the development application. The applicant submits there is a definite inconsistency between the property's current Washington County R5 zoning designation and the City of Tigard's map designation of R-4.5. In Washington County's R5 zone, the minimum lot size is 5,500 square feet whereas in the City of Tigard's R-4.5 zone, the minimum lot size is a much larger 7,500 square feet. If the property were to stay in Washington County and develop under Washington County guidelines, the maxunum number of lots allowed is 37. Even with the proposed map change to R-7, the maximum number of lots allowed by the City of Tigard's R-7 zone for this property is only 33 which is less than what the County's guidelines would allow. Under the City of Tigard's R-4.5 zone, the maximum number of lots allowed is 22. The applicant states that the City's R-7 zone is much more consistent with the County's R5 zone. Chapter 18.390: Decision-Making Procedures Chapter 18.390.060.G. Decision-making considerations. The recommendation by the Commission and the decision by the Council shall be based on consideration of the following factors: 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. FINDING: Findings and conclusions are provided within this report for the applicable factors listed above for a Type IV review. Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197, The City's Comprehensive Plan incorporated the Statewide Planning Goals and was acknowledged by the state as being in compliance with state law; therefore, the Statewide Goals are addressed under the Comprehensive Plan Policies Sections. The following Statewide Planning Goals are applicable: Goal 1: Citizen Involvement; Goal 2: Land Use Planning; Goal 10: Housing and Goal 14: Urbanization. Applicable federal or state statutes or regulations; PLANNING COMMISSION RL;COMMBNn 'ri0N TO CITY COUNCIL. CPA 2016-00001/'LCA2016-00001 1131h Avenue Comprehensive Plan Amendment/Annexation PAGE 5()F18 FINDINGS: ORS 222: State law (ORS 222.120(4)(b), ORS 222.125 and ORS 222.170(1)) allows for a city to annex contiguous territory when electors or landowners in the proposed annexation territory submit a petition to the legislative body of the city. In addition, ORS 222.111(2) allows for a city to act on its own motion to annex contiguous territory. A city is not required to hold an election for such an annexation if it follows the noticing procedures for a public hearing per ORS 222.120. ORS 222.120 requires the city to hold a public hearing before its legislative body (City Council) and provide public notice to be published once each week for two successive weeks prior to the day of the hearing, in a newspaper of general circulation in the city, and shall cause notices of the hearing to be posted in four public places in the city for the same two week period. Because this application also includes an amendment to the comprehensive plan map designation, the process also includes a public hearing with the Tigard Planning Commission.A recommendation is made by the Commission to Tigard City Council. The owners and registered voters of the subject parcels have signed petitions for annexation to the City. The site is contiguous to the City's boundary. The City mailed notice on May 26, 2016, and published public notice in The Tigard Times for two successive weeks Qune 9 and June 16, 2016) prior to the June 20, 2016/July 26, 2016 public hearings, and posted the hearing notice for public view on June 1, 2016 in the Tigard Library,Tigard City Hall,Tigard Permit Center, and at the site on SW 113th Avenue. For the August % 2016 hearing the notice was mailed and posted on July 19, 2016 and published in The Tigard Times for two successive weeks Quly 28 and August 4, 2016). CONCLUSION: Staff finds that the provisions of ORS 222 have been met. OAR 660-012-0060 (Transportation Planning Rule): State law (ORS 197.646) requires that local governments comply with statewide planning goals and rules adopted to implement them when they consider plan amendments. The Transportation Planning Rule (TPR) implements Statewide Planning Goal 12 (Transportation) which requires local governments to plan for a safe, convenient, and adequate transportation system. Before approving plan or zone changes, cities and counties must determine whether existing transportation facilities and planned improvements will provide adequate capacity to support the new development that would be allowed by the proposed land use changes. If there is not adequate planned capacity, a "significant effect" occurs. When a city or county finds there is a significant effect, it must take steps to put land use and transportation in balance. Ways to do this include: adding planned transportation facilities or improvements, limiting land use or modifying performance standards to tolerate additional congestion. The applicant has requested a change from R-4.5 (Low Density Residential) to R-7 (Medium Density Residential). Both zones allow single-family and duplex development along with some civic uses conditionally. The requested zone change would result in seven (7) additional units. If the site were developed with single-family detached homes (worst case scenario), these seven (7) units would be anticipated to generate 70 additional daily trips, of which seven trips would be during the peak hour. This trip generation would be less than the TCDC 18.81OCC thresholds of 300 trips per day or 50 trips per peak hour above which a traffic impact study would be required for impacts to an ODOT facility. In addition, any future development will be required to improve the SW 113th Avenue frontage to current street standards and pay fees to mitigate impacts to the transportation system. CONCLUSION: Staff finds that a significant effect does not occur with the proposed changes; therefore the provisions of OAR 660-012-0060 have been met. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2016-00001/"LCA2016-00001 1131h Avenue Comprehensive Plan Amendment/Annexation PAGE 6 OF 18 Applicable Metro regulations; Metro 3.09.045 (d) and (e.) (d)To approve a boundary change through an expedited process, the city shall: (1) Find that the change is consistent with expressly applicable provisions in: (A)Any applicable urban service agreement adopted pursuant to ORS 195.065; The proposed annexation is not being reviewed through an expedited process,but subsections (d) of Metro Code 3.09.050 requires that the standards of 3.09.045 (d) & (e) be addressed. The Tigard Urban Service Agreement (TUSA) is between the City, County, Metro, and the service Districts for water, sewer, transportation, parks and public safety. The agreement outlines the role, provision, area, and planning/coordination responsibilities for service providers operating in the Tigard Urban Services Area. These services are addressed above at the beginning of this report. The Urban Planning Area Agreement (UPAA) between the City and the County provides coordination of comprehensive planning and development, defines the area of interest, and includes policies with respect to the active planning area and annexation. The applicable annexation policies include the assignment of comprehensive plan and zoning designations addressed earlier in this report and acknowledgements that the City is the ultimate service provider of urban services within the Tigard Urban Service Area. The City has followed all processing and notice requirements in the UR-M,providing notice to Washington County. The agreement states that "so that all properties within the Tigard Urban Service Area will be served by the City, the County and City will be supportive of annexations to the City." (B) Any applicable annexation plan adopted pursuant to ORS 195.205; These statutes outline the process for annexations initiated by a city or district,including public hearings and voting procedures. This statute is not applicable since the annexation was initiated by the property owner. The applicant's representative has submitted petitions to annex signed by all property owners and a majority of the registered voters. (C) Any applicable cooperative planning agreement adopted pursuant to ORS 195.020(2) between the affected entity and a necessary party; ORS195.020(2) speaks to cooperative agreements between counties or Metro with each special district that provides an urban service within the boundaries of the county or the metropolitan district. Special districts would include fire,water, school,and sewer districts. These districts are the same within the county and city with the exception of the sewer district, which will be the City of Tigard following development of the subdivision. Planning for these areas will still be considered by the same special districts upon annexation due to existing agreements with the City. (D)Any applicable public facility plan adopted pursuant to a statewide planning goal on public facilities and services; and The City of Tigard Public Facility Plan was adopted in 1991 in compliance with statewide planning goals and Oregon Administrative Rule 660-11. A revised plan is currently being developed as part of periodic review. New Comprehensive Plan goals and policies for public facilities were adopted in 2008 (Goal 11), PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2016-00001/ZCA2016-00001 1134,Avenue Comprehensive Plan Amendment/Annexation PAGE 7 OF 18 and the applicable goals and policies were addressed previously in this report. The proposed annexation is consistent with the Tigard Public Facility Plan. (E) Any applicable comprehensive plan; and The Tigard Comprehensive Plan applies in this case. Applicable policies are satisfied as addressed later in this report. (2) Consider whether the boundary change would: (A) Promote the timely, orderly and economic provision of public facilities and services; (B) Affect the quality and quantity of urban services; and (C) Eliminate or avoid unnecessary duplication of facilities or services.The proposed annexation will allow urban services to be provided to the site for future homes. In addition,Tigard Police will serve the site instead of Washington County Sherriff. TVF&R will continue to provide service as it is a county-wide provider. (e) A city may not annex territory that lies outside the UGB, except it may annex a lot or parcel that lies partially within and outside the UGB. Neither a city nor a district may extend water or sewer services from inside a UGB to territory that lies outside the UGB. The property to be annexed is not outside the UGB. This criterion is not applicable. Metro 3.09.050 (b) (b) Not later than 15 days prior to the date set for a change decision, the approving entity shall make available to the public a report that addresses the criteria in subsection (d) below, and that includes at a minimum the following: A draft staff report was available June 6,2016, fifteen days prior to the public hearing. (1) The extent to which urban services presently are available to serve the affected territory including any extra territorial extensions of service; As addressed previously in this report, urban services are available and can be extended to the affected territory. (2) Whether the proposed boundary change will result in the withdrawal of the affected territory from the legal boundary of any necessary party; and The proposed territory will remain within Washington County but will be required to be withdrawn from the Washington County Enhanced Sheriffs Patrol District, Urban Road Service District, and Tigard Water District upon completion of the annexation. This withdrawal is incorporated into the proposed ordinance. (3) The proposed effective date of the boundary change. The public hearings will took place on June 20/July 18/August 9, 2016. If the Council adopts findings to approve CPA2016-00001 and ZCA2016-00001, the effective date of the annexation will be upon filing with the Secretary of State office in accordance with Oregon Revised Statutes (ORS 222.180). (c) The person or entity proposing the boundary change has the burden to demonstrate that the proposed boundary change meets the applicable criteria. PLANNING COMMISSION RE'COMME'NDATION TO CITY COUNCIL. CPA 2016-00001/ZCA2016-00001 113'1,Avenue Comprehensive Plan Amendment/Annexation PAGE'8 Ole 18 The proposed boundary change meets the applicable criteria as demonstrated by the application and supporting materials submitted by the applicant and evaluated in this staff report. (d) To approve a boundary change, the reviewing entity shall apply the criteria and consider the factors set forth in subsections (d) and (e) of Section 3.09.045. The criteria and factors outlined in subsections (d) and (e) of Section 3.09.045 have been previously addressed in this report and were found to be met. CONCLUSION: As shown in the above findings the proposal satisfies the Metro Code regulations related to Local Government Boundary Changes. This criterion is met. Applicable Comprehensive Plan Policies; Policies applicable to both the Comprehensive Plan Amendment and Annexation: Chapter 1: Citizen Involvement Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all phases of the planning process. Policy 2 The City shall define and publicize an appropriate role for citizens in each phase of the land use planning process. Policy 5 The opportunities for citizen involvement provided by the City shall be appropriate to the scale of the planning effort and shall involve a broad cross-section of the community. FINDING: Citizens, affected agencies, and other jurisdictions were given the "opportunity to participate in all phases of the planning process." Several opportunities for participation are built into the application review process,including: • Public Hearing notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code. Public hearing notice of the Planning Commission and City Council public hearings was sent to the interested parties list and all property owners within 500 feet of the subject parcels (May 26,2016 and July 19, 2016) and posted in City Hall, Permit Center and the Tigard Public Library Qune 1,2016 and July 19,2016). • Notices were published in the June 9,June 16,July 28, and August 4, 2016 issues of The Tigard Times (in accordance with Tigard Development Code Chapter 18.390 & Metro Code 3.09.050). The notice invited public input and included the phone number of the review staff to answer questions. • The site was posted with notice boards on June 1, 2016 and July 19, 2016. • Posting on the City's web site Qune 6,2016) and updated July 19, 2016. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2016-00001/ZCA2016-00001 1131h Avenue Comprehensive Plan Amendment/Annexation PAGE 9 017 18 CONCLUSION: Based on the findings above, Tigard Comprehensive Plan Goal 1.1 Policies 2 and 5 are met. Policies related to the proposed Comprehensive Plan Amendment.- Chapter mendment.Chaapter 2: Land Use Planning Goal 2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the legislative basis of Tigard's land use planning program. Policy 3 The City shall coordinate the adoption, amendment, and implementation of its land use program with other potentially affected jurisdictions and agencies. Potentially affected jurisdictions and agencies were given an opportunity to comment on the proposed annexation and zone change. Any comments that were received are addressed in Section VI: Outside Agency Comments. This policy is met. Policy 15 In addition to other Comprehensive Plan goals and policies deemed applicable, amendments to Tigard's Comprehensive Plan/Zone Map shall be subject to the following specific criteria: A. Transportation and other public facilities and services shall be available, or committed to be made available, and of sufficient capacity to serve the land uses allowed by the proposed map designation; The subject site's parcels are currently served by the existing public street SW 113th Avenue,which is a local street. New public streets extending from 113th will need to be constructed to serve future homes. Right-of-way dedication and street frontage improvements along SW 113th Avenue will also be required as part of any future development. The proposed plan map change is from the City of Tigard's R-4.5 zone to the R-7 zone. The applicant proposes to develop the site into a maximum of 29 lots. The maximum number of lots allowed under the R4.5 zone is 22, thus the applicant's proposal exceeds the R4.5 maximum by seven lots. If the site were developed with single-family detached homes (worst case scenario), these seven (7) units would be anticipated to generate 70 additional daily trips, of which seven trips would be during the peak hour. This trip generation would be less than the TCDC 18.810CC thresholds of 300 trips per day or 50 trips per peak hour above which a traffic impact study would be required for impacts to an ODOT facility. There is adequate capacity in the system to accommodate these additional trips.A traffic impact study will be conducted as part of the development application to identify and address traffic issues. This analysis is required for development under either the R-4.5 or R-7 zoning. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL. CPA 2016-00001/ZCA2016-00001 1130,Avenue Comprehensive Plan Amendment/Annexation PAGE 10 Or 18 B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; The subject parcels are currently in Washington County with an R5 zoning designation. If developed the site allows for a maximum of 37 units (minimum size of 5,500 square feet) under the current County zoning, 22 units under the City converted R-4.5 zoning (minimum lot size of 7,500 square feet), and 29 units under the applicant's proposed R-7 zoning (minimum lot size of 5,000 square feet). All of the designations allow detached dwellings as a permitted land use. The proposal as submitted calls for seven more detached dwellings than would otherwise be built under the City's R-4.5 zoning, but is eight fewer than under the property's present R5 zoning in the County. The subject property is accessed from SW 113th Avenue, a local street serving properties in the area. This includes the commercial and multifamily development to the north and approximately fifteen single-family homes south of the subject property. As part of development, the applicant is required to construct street improvements and dedicate needed right-of-way to bring SW 113th Avenue up to local street standards. In addition, a traffic study will be performed as part of the subdivision application. The traffic study will give recommendations for any mitigation that may be necessary as a result of this development Other public facilities have adequate capacity to serve the additional seven units allowed under the proposed R-7 zoning. The applicant will extend public lines to serve future homes. C. The new land use designation shall fulfill a proven community need such as provision of needed commercial goods and services, employment, housing, public and community services, etc. in the particular location, versus other appropriately designated and developable properties; The applicant submitted data sheets from Altos Research that demonstrate the strong seller's market currently being experienced all over the Portland and greater Portland area. The Market Action Index is a metric to evaluate and compare this market data. The figure of -30 indicates a buyer's market, 0 indicates an even market and +30 indicates a seller's market. The data shows a 65.6 Market Action Index in the Portland Metro Area, and that the market recently went below the 1,000-home availability level for inventory with approximately 742 homes on the market in the Portland area. Data for Tigard specifically shows a Market Action Index of 50.3 with only 138 single-family homes currently available for purchase. According to the applicant local real estate agents have recorded a huge demand for single-family housing all over the City and stated that new houses just can't be built quickly enough to fulfill the demand. PLANNING COMMISSION RECOMMENDATION TO CYIN COUNCIL CPA 2016-00001/7CA2016-00001 1136,Avenue Comprehensive Plan Amendment/Annexation PAGE 11 OF 18 D. Demonstration that there is an inadequate amount of developable, appropriately designated, land for the land uses that would be allowed by the new designation; In the near vicinity and referring to Exhibit Al of the applicant's supplemental narrative, it can be seen that many areas surrounding the site are fully developed — meaning there is a limited supply in the area. The parcels to the east are developed housing projects, the area to the northeast is a developed apartment complex, the area to the south is developed as large-lot single-family dwelling units and the area to the west is a developed mobile/manufactured home park. E. Demonstration that land uses allowed in the proposed designation could be developed in compliance with all applicable regulations and the purposes of any overlay district would be fulfilled; Both the proposed R-7 and the designated R-4.5 are residential zones with largely the same regulations for single-family residential subdivisions. The difference is the minimum lot size (R-7 is 5,000 square feet and R-4.5 is 7,500 square feet) and density (R-7 will allow for a maximum of 29 lots and the R-4.5 allows for a maximum of 22 lots). A conceptual layout has been submitted showing the subdivision can be developed to be in compliance with all of the applicable R-7 regulations. The site does not have any overlay districts, although there are vegetated corridor/sensitive areas crossing the property which have been delineated by a professional environmental consultant and will be deemed as non-buildable areas. Any proposed subdivision would have to be designed around these areas.This policy is met. F. Land uses permitted by the proposed designation would be compatible, or capable of being made compatible, with environmental conditions and surrounding land uses; and The proposed zone would allow uses compatible with adjacent uses;including single-family detached homes. The property is surrounded by residential uses with the exception of the commercial use to the northwest of the subject site. There is no overlay district on the subject properties. There are vegetated corridor/sensitive areas crossing the property which have been delineated by a professional environmental consultant and will be deemed as non-buildable area. Any proposed subdivision would have to be designed around these areas. This policy is met. G. Demonstration that the amendment does not detract from the viability of the City's natural systems. The subject property has a total of approximately 88,460 square feet of vegetated corridor/sensitive area as determined by a professional environmental consultant.All of this area is proposed to be preserved,with the exception of a single suspended bridge crossing across the creek to provide access to the residential lots on the west side of the creek. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2016-00001/ZCA2016-00001 1131h Avenue Comprehensive Plan Amendment/Annexation PAGE 12 OF 18 The proposed amendment from R-4.5 to R-7 does not in any way affect the vegetated corridor/sensitive area. This area has to be preserved regardless of the zoning designation. Regulations protecting the resource are the same for both R-4.5 and R-7 zoning. Policy 16 The City may condition the approval of a Plan/Zoning map amendment to assure the development of a definite land use(s) and per specific design/development requirements. Staff has no conditions of approval to recommend. CONCLUSION: Based on the findings above, Tigard Comprehensive Plan Goal 2.1 Policies 3, 15, and 16 are met. Chapter 10: Housing Goal 10.1 Provide opportunities for a variety of housing types at a range of price levels to meet the diverse housing needs of current and future City residents. Policy 1 The City shall adopt and maintain land use policies, codes, and standards that provide opportunities to develop a variety of housing types that meet the needs, preferences and financial capabilities of Tigard's present and fixture residents. Currently, approximately 69% of land is zoned for residential land uses. In 2013 the Council adopted a Housing Strategies report prepared by Angelo Planning Group and Johnson & Reid in support of the Periodic Review update to Goal 10,Housing. Background data for this report illustrated that at that time the city had about twice as much buildable land in areas zoned R-4.5 (149.5 net buildable acres) than in areas zoned R-7 (72.1 net buildable acres). The report analyzed the city's current and future housing needs. The land supply meets the projected 20-year need for 6,550 new housing units in the city. However, this assumes the potential to build mostly attached or mult- family units in every zone above R-2, which leaves relatively little capacity to accommodate the projected need for single-famly detached housing in some of these same zones. Once these detached units are accommodated, then the actual achieved housing capacity is less. Therefore, the proposed change to R- 7 could provide additional capacity. This policy is met. CONCLUSION: Based on the findings above, Tigard Comprehensive Plan Goal 10.1 Policy 1 is met. Goal 10.2 Maintain a high level of residential livability. Policy 5 The City shall encourage housing that supports sustainable PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2016-00001/ZCA2016-00001 1134,Avenue Comprehensive Plan Amendment/Annexation 13 OF ]8 development patterns by promoting the efficient use of land, conservation of natural resources, easy access to public transit and other efficient modes of transportation, easy access to services and parks, resource efficient design and construction, and the use of renewable energy resources. The site is adjacent to an area with commercial services and transit is available along SW Pacific Highway (approximately 1/3 of mile from the site). There are vegetated corridor/sensitive areas crossing the property which have been delineated by a professional environmental consultant and will be deemed as non-buildable area. Through a Planned Development process the applicant could develop the property in a sustainable pattern that promotes the efficient use of land and conservation of natural resources while also accommodating the higher density allowed by the zone change. Policy 7 The City shall ensure that residential densities are appropriately related to locational characteristics and site conditions such as the presence of natural hazards and natural resources, availability of public facilities and services, and existing land use patterns. The site does include a natural resource (drainageway). Both the R-4.5 zone and R-7 zones allow development of the site if the applicant can demonstrate compliance with Clean Water Services regulations. Through a Planned Development process the applicant could develop the property in a sustainable pattern that promotes the efficient use of land and conservation of natural resources while also accommodating the higher density allowed by the zone change. CONCLUSION: Based on the findings above,Tigard Comprehensive Plan Goal 10.2 Policies 5, and 7 are met. Policies related to the proposed Annexation: Goal 11.1 Develop and maintain a stormwater system that protects development, water resources, and wildlife habitat. Policy 4 The City shall The City shall require a property to be located within the City limits prior to receiving City stormwater services. Stormwater will be collected, treated and released into the on-site creeks. A downstream analysis will be necessary as part of the subdivision application to determine what improvements must be provided by the applicant to accommodate the increased stormwater. CONCLUSION: Based on the findings above, Tigard Comprehensive Plan Goal 11.1 Policy 4 is met. Goal 11.3 Develop and maintain a wastewater collection system that meets the existing and future needs of the community. PLANNING COMMISSION RI'COMMFNDA"PION TO CITE'COUNCIL CPA 2016-00001/"LCA2016-00001 11311,Avenue Comprehensive Plan Amendment/Annexation PAGF.14 01, 18 Policy 4 The City shall require a property to be located within the City limits prior to receiving City wastewater services. City of Tigard sanitary service is available to the east of the site. All future public lines within the proposed subdivision will be owned and maintained by the City of Tigard. The applicant will not receive City services prior to annexation. CONCLUSION: Based on the findings above, Tigard Comprehensive Plan Goal 11.3 Policy 4 is met. Goal 14.1 Implement the Tigard Urban Services Agreement through all reasonable and necessary steps, including the appropriate annexation of unincorporated properties. Policy 1 The City shall assign a Tigard zoning district designation to annexed property that most closely conforms to the existing Washington County zoning designation for that property. The applicable Tigard zoning district designations are addressed in the fmdings for Section 18.320.020.C. Policy 2 The City shall ensure that capacity exists, or can be developed, to provided needed urban level services to an area when approving annexation. Capacity has been addressed above under 18.320.020.B.1, consistent with this policy. Policy 3 The City shall approve proposed annexations based on findings that the request: A. can be accommodated by the City's public facilities and services: and B. is consistent with applicable state statute. The availability of the City's public facilities and services has been addressed above under 18.320.020.B, consistent with this policy. As reviewed earlier in this report, staff finds that the provisions of ORS 222 have been met, consistent with this policy. Policy 4 The City shall evaluate and may require that parcels adjacent to the proposed annexations be included to: A. avoid creating unincorporated islands within the City; B. enable public services to be efficiently and effectively extended to the entire area; or C. implement a concept plan or sub-area master plan that has been approved by the Planning Commission or City Council. The proposed annexation creates an unincorporated island within the City made up of one parcel (tax lot 300) north of the site on the east of SW 113th Avenue. To avoid this, the City sent invitations to all adjacent owners to join PLANNING COMMISSION RICO�4A1P.NI�1V"I'K)N TO CITY COUNCIL CPA 2016-00001/ZCA2016-00001 1131"Avenue Comprehensive Plan Amendment/Annexation PAGE 15 OF 18 the annexation but did not receive any requests to join. Services can be efficiently provided by extending lines from adjacent sites or streets. The site is not part of a concept plan or sub-area master plan. CONCLUSION: Annexation of additional parcels is not necessary at this time. The city has coordinated with all jurisdictions and agencies within/near the annexation site. The City of Tigard has the services/facilities available and at adequate capacity to serve the site.The proposed annexation is consistent with Tigard Comprehensive Plan Goal 14.1 Policies 1, 2, 3, and 4 are met. Any applicable provisions of the City's implementing ordinances. FINDINGS: Applicable criteria from the Tigard Community Development Code (Title 18) have been addressed previously in this report. The only additional City ordinance related to the proposal is Resolution 15-07. This resolution extended previously approved incentives for property owners that voluntarily annex into the city limits for reasons that do not include the need for city services. These incentives include waiver of the annexation application fee, assistance with paperwork and, phasing in of increased property taxes. Because the annexation is needed to serve the site for future development, these incentives cannot be extended to the applicant. As demonstrated in previous sections of this report, the proposed annexation is consistent with all other applicable provisions of the Tigard Development Code. CONCLUSION: Based upon the findings above, all applicable provisions of the city's implementing ordinances are satisfied SECTION VI. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Building Division, Police and Public Works Department had an opportunity to review this proposal and had no objections. The City of Tigard's Public Works Engineering Division has reviewed the proposal and provided comments regarding streets,water,and sewer. No capacity issues were noted. Comments include: • street improvements along the site's SW 113th frontage will be required with development • sanitary sewer is available in the area but topography may make it difficult to serve the entire site • water is available in SW 113th Avenue SECTION VII. OUTSIDE AGENCY COMMENTS The following agencies/Jurisdictions had an opportunity to review this proposal and did not respond: Metro Land Use and Planning, Clean Water Services, Tigard Tualatin School District #23J, Washington County Department of Land Use and Transportation, Oregon Department of Land Conservation and Development, Oregon Department of Transportation Region 1. Utility providers such as Century Link, Portland General Electric, NW Natural Gas, Frontier Communications, and Comcast were notified of the proposal. Only Frontier responded with a request for the developer to contact Frontier's office. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2016-00001/ZCA2016-00001 113th Avenue Comprehensive Plan Amendment/Annexation PAGE 16 OF 18 SECTION VIII. INTERESTED PARTIES COMMENTS Written comments were received from one neighboring property owner during the review period; these comments were included in the Staff Report to the Planning Commission. These comments were passed along to the applicant. A written response to the commenter was not received, but the applicant noted that these concerns would be addressed during the public hearing. The comments are related to the current request to annex and amend the zoning/comp plan designation, while others are more related to future development. Only comments related to the current proposal can be considered. Staff responded in writing stating that compliance/consistency with city/regional/state requirements must be satisfied and that regulations related to development will be addressed in future applications. A petition against rezoning the property was received the day of the June 201h public hearing (Exhibit A of the June 20, 2016 Planning Commission meeting minutes). Additional written comments were received from three neighboring property owners the day of the July 18th public hearing, in addition to an updated petition against rezoning the property that was signed by additional petitioners (Exhibits A-D of the draft July 18, 2016 Planning Commission meeting minutes). The Planning Commission received and considered both written and oral comments from residents and stakeholders as part of their deliberations on July 18, 2016. Written comments were submitted by the following interested parties: • Todd Ourts, 16425 SW 113th Ave., Portland, OR 97224, including a petition signed by 28 neighboring residents/property owners • Robert Began, 16795 SW 113th Ave., Tigard, OR 97224 • Ramona Steel, 16440 SW 1131h Ave., Tigard, OR 97224 • Vicki Craig (16325 SW 113th Ave., Portland, OR 97224), Tim & Kelia Meskel (16285 SW 113th Ave., Tigard, OR 97224), and Al & Theresa Scott (16380 SW 113th Ave., Tigard, OR 97224) —one letter signed by site property owners Oral comments were submitted by the following individuals: • Olivia Derringer, 16425 SW 113th Ave., Portland, OR 97224 • Todd Ourts, 16425 SW 113th Ave., Portland, OR 97224 • Robert Prokop, 16445 SW 113th Ave.,Tigard, OR 97224 • Vicki Craig, 16325 SW 113th Ave.,Portland, OR 97224 • Dustin Pheif, 1 Jefferson Pkwy. #211,Lake Oswego, OR 97035 • Dave Hopkins, 4300 Orchard Wy., Lake Oswego, OR 97035 • Connie Krueger, 16785 SW 113th Ave., Portland, OR 97224 Listed below are the main highlights from the oral and written comments received. The full text of all comments can be found in the project file and Planning Commission minutes of June 20 and July 18, 2016. Testimony in favor, received from one of the site property owners, notes there is a limited amount of land in the Tigard area and that the homes will be a good addition to the neighborhood and Tigard. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL CPA 2016-00001/ZCA2016-00001 1134,Avenue Comprehensive Plan Amendment/Annexation PAGE 17 OF 18 Testimony in opposition, received from neighbors,identify the following concerns: • Residents in the neighboring mobile home park (Royal Villa) were not notified of the proposal • Increased traffic (Durham and 113111) and on-street parking on SW 113th • Loss of wildlife habitat and trees • Loss of livability due to more residents/noise/litter/crime/smaller lots not in keeping with neighborhood character • Impacts to on-site creeks • Not opposed to development,just development at a higher density The Planning Commission was presented copies of all written comments and heard all oral testimony before a motion to recommend approval of the proposed amendments. Overall, the Planning Commission found the project to meet all relevant approval criteria pertaining to the issues raised by the public. SECTION IX. CONCLUSION As demonstrated by the findings above, the proposed changes comply with the applicable Statewide Planning Goals, applicable regional, state and federal regulations, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, the Planning Commission recommends that the City Council adopt by ordinance the proposed Comprehensive Plan Amendment and Zone Change, as determined through the public hearing process. olu July 27 2016 PREPARED BY: Cheryl Caines DATE Associate Planner f �ene -July 27 2016 D APPROVED BY: Tom McGuire TE Assistant Community Development Director PLANNING COMMISSION 11I:COMMENDATION'1'O CHY COUNCIL , CPA 2016-00001/Z(:i\201G-00001 1131",\venue Comprclicnsive Plan Amendment/Annexadon 1),\G 18 OI;18