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Ordinance No. 19-02 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 19- AN ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT CPA2018-00003 AND ZONE CHANGE ZON2018-00004 TO AMEND THE TIGARD COMPREHENSIVE PLAN DESIGNATIONS AND ZONING DISTRICTS MAP FROM R-4.5 TO R-7(PD) ON TAX LOTS 1S135DC 03600,03700 AND 03800. WHEREAS, Section 18.710.080 of the City of Tigard Community Development Code requires quasi-judicial amendments to be undertaken by means of a Type III-Modified procedure when a zone change application also involves a concurrent application for a comprehensive plan map amendment, as governed by Section 18.710.070;and WHEREAS, the applicant requests a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential, and a Zoning Map Amendment from R-4.5 to R-12,preferably,or R-7;and WHEREAS,on November 19,2018,the Tigard Planning Commission held a public hearing,which was noticed in accordance with city standards,and recommended approval of the proposed CPA2018-00003 by unanimous vote in favor and approval of the proposed ZON2018-00004 (R-7 zone, with recommended planned development overlay) by a vote of six in favor and one abstention;and WHEREAS, on January 29, 2019, a public hearing was noticed in accordance with city standards for Tigard. City Council to consider the Commission's recommendation on CPA2018-00003/ZON 2018-00004, hear public testimony, and apply applicable decision-making criteria; and WHEREAS, on January 29, 2019, the Tigard City Council, without opening the hearing for testimony, remanded the application back to the Planning Commission to address a change in site circumstances involving tree removal occurring between the two hearings that changed the factual basis on which a large portion of the recommendation had been made; and WHEREAS, on February 25, 2019, the Tigard Planning Commission held a public hearing on remand from Council, which was noticed in accordance with city standards, and affirmed its approval of the proposed CPA2018-00003 by a vote of eight in favor, one opposed, and approval of the proposed ZON2018-00004 (R-7 zone,with recommended planned development overlay) by a vote of seven in favor, one opposed, and one abstention; and WHEREAS, Council's decision to approve CPA2018-00003/ZON2018-00004 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 CPA2018-00003/ZON2018-00004. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard City Council amends the Tigard Comprehensive Plan and Zoning Maps to change the Comprehensive Plan Designations and Zoning Classifications as shown in Exhibit "A" ORDINANCE No. 19-Da Page 1 SECTION 2: Tigard City Council adopts the findings and conclusions contained in Exhibit"B"in support of the Council's action and to be the basis for this ordinance. PASSED: By WrtanviN\rup vote of all Counc. members present after being read by number and title only, this 2110 day of ,2019. 4.(,, A A V-5-&--I/rLQ___. Kelly Burgoyne, Deputy City Recorder APPROVED: By Tigard City Council this 26-4 day of i . ,2019. Jas. snider,Mayor Approved as to form: /1<-- City Attorney ORDINANCE No. 19-0 a, Page 2 MUG R-12 (PD) I r -- I I I,_._ i_ Zoning Map I-P \----"----7-1-..... - - NORTH DA iii ,MITA ST T -, i — H pq I Generalized Zoning Categories I W 1 / . - H R=12 ' \ � _ p Zoning Description 1 Ig E 111 R-4 5 y Residential Inim:ati��.. > > p \ Mixed Use Residential Q F. ___ .-- � _ � Z I aIt.' "' —.___ ( Commercial sn __ Cr, Q • • ,� u, �.�- _ — 'Mixed Use • .� H i ' IllTriangle Mixed Use cn ----_____.„ Mixed Use Employment ■ Industrial = � --.,..-----A IIIParks and Recreation R:7 12I dirlicri- WA-CNTY zProposed Change from R-4.5 to R-7(PD) 15 LN0 Overlay Zones �I 47� ..-i: Q Historic District Overlay r _ ami....._ _ ■ Z:: el013meu1t Overlay i■ rki , Suite • imi,, I . ll R-7 �JIiI moi' . R-11111 ' 2 0��' rd L . Lc.p i L, II _ .. �b 0�..• -r — H- , Map punted at 0(43 AM on 14-Jan-10 . � ��� <� Q _J c`,� !►� Inrom,.tbn on this map I.ror yyemnl Ionil on ony.na.rota be verified wnn the w„„ DevebpmeM st m.DNINon II. ST v' 4 • P "1 WART NITY REPRESENTATION ORLGU RANTEE AS TO THE CON ENr ACCURACY, �� ! 11P1‘ TIMELINESSFhOAD ASUMESOFANYOF THE DATA ANYPROVIDED HEREIN.THE CNC INACCURACIES SHALL NFORME NO LIABILITY FOR GA ERRORS,OMISSIONS,OR -P ti �� R-4s5 — IN THE INFORMATION PROVIDED REGARDLESS F HOW CAUSED. I R=7 ..sr 1Pir ilk COMMUNITY DEVELOPMENT DEPARTMENT • 4`• ' Gity of Tigard , p 13125 SW Hall Blvd ,`` I � +Q �� TIGrt APS Ti ard,oR 97223 ,� • I �,�-���� ��� M 503 639-4171 a • R7,25�` www.tigardor.gov 0 I•M nc;nKo EXHIBIT B Hearing Date: April 2.2019 Time: 7:30 PM PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL FOR THE CITY OF TIGARD, OREGON TIGARD 120 DAYS = (with 90-day extension) April 25, 2019 SECTION I. APPLICATION SUMMARY FILE NO.: Comprehensive Plan Amendment (CPA)2018-00003 Zone Change (ZON) 2018-00004 FILE TITLE: 95th AVENUE COMPREHENSIVE PLAN & ZONING MAP AMENDMENTS APPLICANT: Brian Cobb Infinite Architecture PO Box 664 Donald, OR 97020 OWNERS: Winters Salvage Yard,LLC 747 Micheltorena Street, Unit B Los Angeles, CA 90026 Hyperfight Holding,LLC 7420 SW Bridgeport Rd#101 Portland,OR 97224 REQUEST: The applicant requests a Comprehensive Plan Amendment from Low Density Residential to Medium Density Residential and a Zoning Map Amendment from R- 4.5 to R-12, preferably, or R-7. The subject property is comprised of three existing lots totaling 1.64 acres (71,438 sf),which are predominantly flat and open. The site is accessed on the west by 95th Avenue and on the east by 92nd Avenue. The R-4.5 zone abuts the property to the north and west and the R-7 zone abuts to the south and east. The purpose of the zone change is to increase density for the development of single-family housing units. Note: On January 29th, 2019, City Council remanded the Planning Commission's recommendation for reconsideration because trees had been cut on the subject property in advance of the Council Hearing and the presence of trees on the site were a significant part of the factual basis for the Commission's recommendations to Council. The findings in this Commission Recommendation on Remand address the change in circumstances in support of the Commission's recommendation, which remains unchanged. PLANNING COMMISSION RECOMMENDATION ON REMAND TO CI'IY COUNCIL CPA 2018-00003/ZON2018-00004 95t Avenue Zone Change PAGE 1 OF 15 LOCATION: 11700& 11730 SW 95th Avenue;TAX MAP 1S135DC 03600,03700,and 03800. COMP PLAN DESIGNATION/ ZONING DISTRICT: Existing: R-4.5: low-density residential zone. The R-4.5 zone is designed to accommodate detached single-family homes with or without accessory dwelling units at a minimum lot size of 7,500 square feet. Duplexes are permitted conditionally. Some civic and institutional uses are permitted conditionally. Proposed: R-12: medium-density residential zone. The R-12 zone is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet.A wide range of civic and institutional uses are permitted conditionally. Proposed (Alternate): R-7: medium-density residential zone. The R-7 zone is designed to accommodate attached single-family homes, detached single-family homes with or without accessory dwelling units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks are permitted outright. Some civic and institutional uses are permitted conditionally. APPLICABLE Community Development Code Chapter 18.795; Comprehensive Plan Goals REVIEW 1, 2, 10; Statewide Planning Goals 1, 2, 10; and Metro's Urban Growth CRITERIA: Management Functional Plan Title 1,Housing Capacity. SECTION II PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends to the Tigard City Council APPROVAL of the proposed Comprehensive Plan Designation change from low to medium density residential. The Planning Commission further recommends changing the zoning classification from R4.5 to the R-7 zone with future development reviewed through a planned development process, as conditioned below. CONDITION OF APPROVAL 1. To ensure compatibility with adjacent development, protection of mature trees and provision of open space on the subject site, approval of the R-7 zone shall require future development to be reviewed through the planned development process. SECTION III BACKGROUND INFORMATION Site Description The project site is located south of SW Greenburg Road in the north-central area of the city bounded by Hwy 217 to the northeast, the Washington Square Regional Center District to the northwest,the Pacific and Western railroad to the southwest, and Pacific Hwy to the southeast. The Comp Plan designations and zoning classifications of property within this area have remained stable since the early 1980s when the Comp Plan was initially adopted. However,zone changes occurred at the periphery of this area northwest of PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 2 OF 15 Greenburg Road with implementation of the Washington Square Regional Center Plan in 2001 and along Pacific Hwy with the expansion of the MU-CBD zone in 2009. The area can be generally described as having a core of low-density single-family dwellings ringed by denser residential areas and mixed use and commercial zones. The subject property is centrally located within this neighborhood,gently sloped north to south, and contains a few structures associated with the prior salvage use. A grove of mature trees, including Oregon white oaks, were present on site until a portion of them were removed by the owner prior to the City Council hearing on the matter. Proposal Description The applicant's narrative includes the following proposal description (edited for clarity): The proposed scope of this application includes re-zoning three separate but contiguous lots totaling 1.64 acres, from low-density R-4.5 to a medium-density residential zoning designation. Within a quarter mile of these properties there are six different planning zones ranging from R-4.5 to R-25 and I-L,C-P to CBD (see figure below). We are proposing a change in zoning for the subject parcels to R-12. While this would be a locally isolated section of R-12 zoning, for the time being, the subject parcels will be contiguous with the adjacent R-7 zone. The Comprehensive Plan considers R-7 & R-12 to both be medium density. So,in this respect, either R-12 or R-7 is consistent with the Comp Plan's Medium Density designation that the properties are adjacent to. Furthermore, there is a large area of existing R-12 zone within approximately 500 ft. of the northwest corner of the subject property (see figure below). The large section of R-12 zoned property to the northwest is second in size only to the R-4.5 low-density property that comprise the subject properties. The adjacent R-7 zone is smaller in size and more disconnected than the higher R-12 zone we are proposing to eventually connect with. We believe it is reasonable to see the R-4.5 zone in the surrounding area being changed to R-12 or split into R-7/R-12. These changes would provide more consistency to the zoning in the area by producing larger blocks of similar zones. We strongly feel that a R-12 zone change would be most beneficial to this area and aid in the future retention of the large blocks of lower density housing areas in other parts of the city, as addressed in R-12 compliance narrative in this application. Higher density housing in this area, as a buffer to commercial&industrial zones,works best as it allows for larger swashes of lower density homes away from less family-oriented zones. We feel that this zone change can be a catalyst to quality development which can provide additional living units, enhance the higher density zone buffers, and protect the large blocks of low density from the pressures of population needs. While we feel changing these properties to R-12 and their eventual connection to the northwest R-12 zone, we have provided an alternate request for a zone change to R-7, as addressed in the R-7 compliance narrative in this application. This request would provide additional living units,would be contiguous with an existing R-7 zone, and compatible with Comprehensive Plan for medium density housing. There is a high demand for housing of all types within the city limits that is close to essential services. Increasing density within the city reduces sprawl, costly service extensions, and PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 3 OF 15 automobile traffic. This zone change will bring much needed residential units within the city limits, aesthetically improve and contribute to the neighborhood, and dramatically increase the property tax revenue for these three lots. These three lots, and included street right-of- way, represents a large block of contiguous land adjacent to a R-7 zone and compatible in the larger&more long term "medium density" zone of the Comprehensive Plan. 1H'ML RPOUIS FROM PROPERTY CENTER "WM,' Wt,F-2 t maa mu' \\\\\1\111 Illlititi # - �� II \ R-4.5 •• • 500 FT RADIUS FROM I• I r,.... • PROPERTY CORNER - • • iC,--F a i = = t= 5 r i i • III '` II II _ .. ,, , . ',,,'itio, I/N111�1111/\\\\\\\�,,,,, IWIMTE PO.Bat Pbt REFERENCE DRAWING. nre MOWS MEC Oen�ORQicao PROJECT AREA ZONING n J� sw�9z99z SW 95TH REPLAT ..a""2"42 r.'a.BTC A2 Ip 503.,76.9013 MOOTEETNR '.1700&11730 SW 9511-1 TIGARD,OR 17223 SECTION IV. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS This section contains all of the applicable city, state and metro policies, provisions, and criteria that apply to the proposed comprehensive plan and zoning map amendments. 18.795 MAP AND TEXT AMENDMENTS 18.795.030 Quasi Judicial Amendments A. Approval process. 3. Quasi-judicial zoning map amendments that require a comprehensive map plan amendment shall be processed through a Type III-Modified procedure, as provided in Section 18.710.080, which shall be decided by the city council with a recommendation by planning commission. The proposed comprehensive plan and zoning map amendment is from low-density residential R-4.5 to Medium-Density Residential R-12 or R-7. Therefore, a Type III-Modified procedure is applicable. B.Approval criteria.A recommendation or decision for a quasi-judicial zoning map amendment or quasi-judicial comprehensive plan amendment shall be based on the following: PLANNING COMMISSION RECOMMENDATION ON REMANDTO CTIY COUNCIL. CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 4 OF 15 1. Demonstration of compliance with all applicable comprehensive plan policies and map designations; 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. 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 Comprehensive Plan amendment process, including public hearing notification requirements pursuant to Chapter 18.710 of the Tigard Community Development Code. On September 27, 2018, 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. On October 3,2018,the proposal was posted on the City's web site. On November 1,2018,the site was posted with a notice board. On November 12, 2018 the staff report was made available on the city's website and at the permit center for public review. On November 19, 2019, a Planning Commission hearing was held at which the Commission decided to recommend to Council approval of the proposed R-7 zone change, subject to a condition requiring planned development review. On January 29, 2019, City Council decided to remand the case back to the Commission to reconsider their recommendation based on a change in site circumstances involving tree removal. On February 4, 2019, a notice of public hearing for the Commission hearing on remand was mailed to property owners within 500 feet and interested parties. On February 25, 2019, a Planning Commission hearing was held at which the Commission decided to affirm their original recommendation to Council of approval of the proposed R-7 zone change, subject to a condition requiring planned development review. On March 18, 2019 a notice of public hearing for the City Council hearing was mailed to property owners within 500 feet and interested parties. FINDING: As shown in the analysis above,the Tigard Comprehensive Plan Goal 1.1 Policies 2 and 5 are met. Chapter 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 2 The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 5 OF 15 The City's development code,Title 18,and its Comprehensive Plan amendment process have been found to be consistent with the Comprehensive Plan. This policy is met. 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. Any comments that were received are addressed in Section VII: Outside Agency Comments,below. This policy is met. Policy 5 The City shall promote intense urban level development in Metro-designated Centers and Corridors, and employment and industrial areas. The Metro 2040 Growth Concept Map shows that Pacific Hwy, through Tigard, is designated as a "Corridor." The subject site is located within one quarter mile,within walking distance,of Pacific Hwy.The proposed comprehensive plan and zoning map amendments from low-density residential, R-4.5, to medium-density residential, R-12 or R-7, would promote more intense urban level development than the existing zone. The R-12 zone allows more dense development with a minimum lot size of 3,050 square feet per lot, versus 7,500 square feet per lot in the R-4.5 zone or 5,000 square feet per lot in the R-7 zone. This policy is met. Policy 14 Applicants shall bear the burden of proof to demonstrate that land use applications are consistent with applicable criteria and requirements of the Development Code, the Comprehensive Plan, and when necessary, those of the state and other agencies. In the applicant's narrative, they acknowledge that they bear the burden of proof to demonstrate this application is consistent with applicable criteria and requirements of the Development Code. City staff have provided findings for each of the relevant approval criteria in this staff report with analysis based on the information and narrative provided by the applicant. This criterion 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; Transportation and other public facilities and services are available and of sufficient capacity to serve the land uses allowed by the proposed map designation because the site is already served by all necessary public facilities and services, which can accommodate the proposed development with some facility upgrades (as detailed in the city's Development Review Engineer's Pre-Application Memorandum dated March 23, 2018). The site has street frontage on SW 95th and access to a stubbed Tangela Street off of SW 92nd. Additionally, there is available transit service with two major bus lines (76 and 78) and four bus stops within 500 feet to provide sufficient capacity for increased density and to serve the land uses allowed by the proposed map designation. This criterion is met. B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services; PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 6 OF 15 Pre-Application Notes from Tigard's Development Review Engineer, included as Exhibit 5 in the application, demonstrate that public facilities and services can be available to serve the subject site without negatively affecting existing or planned transportation or other public facilities and services. This criterion is met. 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 new land use designation fulfills a proven community need with the provision of needed housing in this particular location, versus other appropriately designated and developable properties because this area currently consists of low density housing but it is located close to city services that would support higher density housing.According to the findings in the Comprehensive Plan's Land Use Planning Chapter: • "One of the biggest growth management challenges that Tigard will face, as well as the rest of the Portland region,is the need to accommodate up to a million new residents..." • "Another growth management challenge that Tigard faces is the lack of large vacant parcels available for urban development. This type of development is a thing of the past and most household and employment growth in Tigard will be the result of redevelopment and infill." • "Future commercial, employment, and multi-family growth will likely occur through redevelopment." The proposed Comprehensive Plan and Zone Change Amendments from Low-Density Residential, R-4.5, to Medium-Density Residential, R-12 or R-7, will allow more housing options with close proximity to Highway 99W and transit service including two major bus routes and four bus stops within 500 feet. This criterion is met. 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; The findings in the Comprehensive Plan state there is a lack of undeveloped parcels to accommodate affordable housing (Housing Strategies Report, May 28, 2013). The subject site is a small infill project surrounded by low and medium density residential development, including single-family and multi-family units. Increased density allowed by either the R-12 or R-7 zone, would contribute marginally to more affordable housing by spreading the cost of public facilities improvements over more units. Additionally, proximity to Highway 99W and public transportation warrants increased density at this location. This criterion is met. 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; No overlay district applies to the subject property. Land uses allowed in the proposed R-12 or R-7 zone could be developed in compliance with applicable regulations. This criterion 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 R-12 zone would permit multi-family residential,which is not allowed in the surrounding R- 4.5 or R-7 zones. Additionally, the R-7 zone would allow an increase in building height limits from 30 to 35 PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 7 OF 15 feet over the existing R-4.5 zone. However, existing land uses on adjacent properties include both single and two-story single detached houses and non-conforming single and two-story apartments. The environmental conditions of the site consist of relatively flat land with no wetlands or streams but did include the natural features of a grove of mature trees,many of them Oregon white oak trees,until many of them were cut down during this development review process in February. The existing land uses immediately around the site are primarily single dwelling houses. There are also a few non-conforming apartment complexes mixed into the neighborhood. Because of the mix of existing land uses in the area, either the proposed R-12 or R-7 could allow development potentially compatible with surrounding land uses. Compatible means uses that are capable of existing with or functioning well with other existing uses. Because the R-12 allows more density it may not be compatible with the existing environmental conditions to the extent that some mature trees remain on the subject site (no tree inventory of the site before or after tree removal has been available). Because there is existing non-conforming higher density in the neighborhood, it would be less compatible to the existing single dwelling houses to allow additional density. Less density with the proposed R-7 zone, together with the flexibility allowed with planned development review, would be more compatible with environment conditions and surrounding land uses. Additionally, the site borders R7 zoning to the south and east an R7 zone designation would be a compatible extension of that existing zone. As conditioned with planned development review, this criterion is met. G. Demonstration that the amendment does not detract from the viability of the City's natural systems. Staff finds that the natural systems on the property primarily consist of mature Oregon white oaks and other trees, in addition to open space.. Removing trees and eliminating open space does not support the viability of the on-site natural systems so to the extent that the proposed amendment allows for more retention of trees and open space the greater it meets the standard to "not detract from the viability of the natural systems." To the extent the zone change allows more dense development, the less likely it will be to retain existing tree canopy and open space. There is no guarantee that any future development proposal at the densities allowed under the proposed R- 12 zone would be designed to "not detract from the viability of the City's natural systems" through preservation of any remaining trees or open space on the site. In order to meet this criterion, the proposed R-7 zone seems more appropriate for the site and limits density to a level that would allow for some remaining trees and open space to be preserved within lots. The planned development review process offers developers flexibility to design the development to accommodate existing trees and open space. With the R- 7 zone and application of the planned development overlay,this criterion is met. 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. The applicant/owners intend to develop the site with single family detached residential units and, as stated in testimony at the Planning Commission on February 25th, 2019, they have so far indicated that they are accepting of the Commission's R-7 recommendation. The Commission's deliberation, as shown in the minutes of the February 25th hearing, favor the R-7 zone and application of the planned development process. Commissioners expressed a desire to allow the increase in zoning but were concerned about the lack of assurance that the viability of the trees and open space would be addressed with future development and that compatibility with adjacent development would PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 8 OF 15 be maintained. In order to assure development of a definite land use and per specific design and development requirements (i.e., the viability of the trees and open space and compatibility with adjacent development), the Commission recommends a condition of approval for the zone change to ensure a deliberative process provided by planned development review. As determined through the public hearing process, the city may exercise its discretion to assure the development of a definite land use(s) and per specific design /development requirements and require a condition of approval to require future development be approved through the planned development process. Policy 17. The City may allow concurrent applications to amend the Comprehensive Plan/Zoning Map(s) and for development plan approval of a specific land use. The applicant has applied for a zone change at this time and plans to follow the zone change decision with a subdivision application at a later time. Policy 21 The City shall require all development to conform to site design/development regulations. The proposal is for a zone change of the subject property and not for development,at this time.At the time a development application is submitted the city will require conformance with the applicable site design/development regulations. Policy 23. The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and future land uses. The proposed zone change would permit up to 16 lots that could be arranged on both sides of an extended Tangela St. from 92nd Avenue to 95th Avenue. On the south and east, the lots would back up to five single and two-story existing single family detached dwellings in an R-7 zone. On the north, the lots would back up to one existing two-story detached dwelling and two non-conforming apartment buildings in an R-4.5 zone. Existing abutting development would-potentially experience an additional abutting lot each under the proposed R-12 zone than under the R4.5 zone with an additional five feet in height permitted from 30 to 35 feet. This could result in greater massing due to three-story construction and increased density. The extension of the existing public street would be the same regardless of the zone. Currently, the neighborhood is a mix of conforming and non-conforming building types and heights. New development under the proposed zoning would continue this quality of dynamic infill. The proposed R-12 or R-7 zone could result in development compatible with the adjacent existing development that surrounds the subject site depending on the product type and size. As stipulated in Policy 16, above, 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. The R-7 zone would limit the maximum number of units to 10 and the height to two stories to ensure proposed development would be consistent with adjacent development. FINDING: As shown in the analysis above, the proposed zone change from R-4.5 to R-7 can be made consistent with the applicable Land Use policies as ensured by the city's discretion to add conditions of approval to assure the development of a definite land use(s) and specific design /development requirements,as determined through the public hearing process. PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 9 OF 15 CONDITION To ensure compatibility with adjacent development and the potential incorporation of mature trees and open space on the subject site, the Commission recommends approval of the R-7 zone with future development reviewed through a planned development process. 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 5. The City shall provide for high and medium density housing in the areas such as town centers (Downtown), regional centers (Washington Square), and along transit corridors where employment opportunities, commercial services, transit, and other public services necessary to support higher population densities are either present or planned for in the future. The site is within a half mile of Highway 99W, a transit corridor, and within 500 feet of four bus stops on SW Greenburg Road. The site can support R-12 densities with existing and planned public facilities. There is a demonstrated need for more affordable housing in the city. These factors combined make this location appropriate for increased density from low-density to medium density residential, zoned either R-12 of R-7. This policy is met. GOAL: 10.2 Maintain a high level of residential livability Policy 5. The City shall encourage housing that supports sustainable 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 proposed amendments would allow denser residential development on the subject site, from six units under R-4.5 to a maximum of 16 units under R-12. Higher densities generally are a more efficient use of land and the site has easy access to services and parks. Staff has determined that the mature oak trees on the property are the only natural resources on the site. The highest densities requested (R-12) may not support the conservation of these natural resources on the site. As discussed elsewhere in this staff report,with development of a definite land use and specific design /development requirements, established through conditions of approval, the natural resources in the form of the mature oak trees can be conserved and resource efficient design and construction with the use of renewable energy resources can be ensured. The subject site is located within 500 feet of four bus stops on SW Greenburg Road and within a half mile of Pacific Hwy. The proposal supports a sustainable infill development pattern that promotes the efficient use of land and easy access to public transit and other efficient modes of transportation. As conditioned, this policy is met. Policy 6. The City shall promote innovative and well-designed housing development through application of planned developments and community design standards for multi-family housing. The developable configuration of the subject site is determined in large part by the required extension of SW Tangela Street through the center of the site and the preservation of the mature trees. The application of planned development standards or the community design standards for multifamily housing would need PLANNING COMMISSION RECOMMENDATION ON REMAND TO CPI'Y COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 10 OF 15 to be required through conditions of approval. Multi-family housing would only be permitted by the R-12 zone. If Planning Commission decides to allow the proposed R-12 zone change, then the Commission should consider a condition of approval requiring a planned development process to develop the site with multi-family housing.With such a condition this policy is met. If R-7 is approved,this policy does not apply. 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. Staff has determined that the natural resources on the site consisted of mature trees,including Oregon white oak trees. The residential densities allowed by the R12 zone may not be appropriate for this location due to site conditions and the presence of the remaining mature trees. The higher density makes it more difficult to develop the site while preserving these natural resources. The density resulting from the R-7 request is more appropriately related to locational characteristics and site conditions in regard to the natural resources on the site.There does not appear to be any evidence of natural hazards on the site. The site is an infill parcel with a zone change request to allow a more dense single-family residential use. Public facilities are available, or can be improved, to serve additional development on the subject site. The proposed amendments allow for additional density where services exist, including public transit. The proposed R-7 zone best matches the existing land use pattern and site conditions. This policy is met. Policy 8. The City shall require measures to mitigate the adverse impacts from differing, or more intense, land uses on residential living environments, such as: A. orderly transitions from one residential density to another; B. protection of existing vegetation, natural resources and provision of open space areas; and C. installation of landscaping and effective buffering and screening. The applicant proposes a zone change for the subject property to increase density to better distribute the cost of improvements over more units. The proposed R-12 zone would allow up to 16 units, the proposed alternate R-7 zone would allow up to 10 units over the currently allowed six units. The applicant proposes single-family detached development and has expressed a willingness to accept a condition to assure that outcome. Given the site configuration would most likely not support multi-family housing type construction, the adverse impacts are most likely to be due to single-family development due to the impact on lot and street configurations and overall site development resulting from the increased density. The density allowed by R-12 will likely create adverse impacts to existing vegetation, natural resources, and provision of open areas due to the more intense land use. In addition, the increase density would impact the back yards of the 14 units abutting the subject site more or less depending on whether the zone is changed to R-12 or R-7. An R-7 zone would provide a more orderly transition between zones and proved greater potential to preserve trees. The applicant states, "While a change to R12 would provide more financial security and opportunities for the development as a whole, a R7 zone change would provide a suitable increase to meet the project goals as well as City of Tigard development codes." Accordingly, staff recommends approval of the R-7 zone change request with previously stated conditions of approval in order to mitigate the potential adverse impacts of the request.With such conditions,this policy is met. At issue, given removal of the oak trees,is whether the conditioned planned development review procedure is still applicable. Policy 8 requires the City to require measures to mitigate the adverse impacts from differing, or more intense, land uses on residential living environments, including, among others, the provision of open space areas. Therefore, in considering the proposed zone change that would permit R-7 zoning adjacent to R-4.5 zoning along the northern property line, the Commission could require the PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 11 OF 15 proposal to include open space, such as a pocket park,within the development area. The City's Park System Master Plan (2009) identifies the subject area as park deficient and includes guidance for pocket parks that are applicable to the proposed site. Accordingly, the Commission continues to recommend approval of the R-7 zone with a planned development overlay to ensure an open space component is included in the development plan to ensure the Goal of maintaining a high level of residential livability and the policy to mitigate the adverse impacts from differing, or more intense,land uses on residential living environments are met. Policy 9. The City shall require infill development to be designed to address compatibility with existing neighborhoods. The application is for a zone change and not development, at this time. However, the city may still exercise its discretion to condition the subsequent development permit to be compatible with the existing neighborhood on approval of the zone change. With previously discussed conditions of approval,this policy can be met. FINDING: As shown in the analysis above, the proposed comprehensive plan amendment from low- density to medium-density residential complies with the applicable comprehensive plan Housing policies. On balance, the proposed R-7 zone better meets the applicable comp plan policies than the R-12 zone with respect to compatibility with existing adjacent development and protection of existing vegetation and natural resources. Proposed conditions of approval would ensure future development of the site would be designed to preserve the mature oaks on the site. METRO Urban Growth Management Functional Plan Title 1: Housing Capacity The Regional Framework Plan calls for a compact urban form and a "fair-share" approach to meeting regional housing needs. It is the purpose of Title 1 to accomplish these policies by requiring each city and county to maintain or increase its housing capacity. FINDING: The City's Housing Strategies Report indicates "in general, there is a need for some less expensive ownership units and rental units." This type of housing is possible in the R-12 zone, which allows attached housing on 3,050 square-foot lots and multi-family unit housing. With this quasi-judicial action, the zone change to R-12 on the subject site will result in a marginal increase of R-12 zoned land in the City of Tigard resulting in an increasingly compact urban form and a contributing towards its "fair-share" of regional housing needs. The proposal increases Tigard's housing capacity, consistent with the purpose of Title 1. 18.795.030.B.2 Demonstration that adequate public services exist to serve the property at the intensity of proposed zoning. Factors to consider include the projected service demands of the property, the ability of the existing and proposed public services to accommodate the future use, and the characteristics of the property and development proposal, if any. The proposed change in zoning from R-4.5 to R-12 more than doubles the allowed density from six units to 16 units maximum. The applicant provided the following findings with respect to the adequacy of public services to serve the increased density: PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 12 OF 15 "As part of the preapplication process, City of Tigard Engineering reviewed our potential preliminary subdivision plans (Pre-Application Notes, Exhibit 5 of the application). It was noted that there would be adequate public utilities available to the site, based on R4.5 density, with some potential upgrades and adjustments. Public utilities will continue to be adequately available to the site to serve higher density development such as R-12. The water line may require upsizing and the storm system may require repairs in the area for known maintenance issues. Both of these issues, as well as others, are correct-able as part of and over the course of this development." FINDING: As shown in the findings above, the applicant demonstrates that adequate public services exist to serve the property at the intensity of the proposed R-12 zoning. SECTION V. ADDITIONAL CITY STAFF COMMENTS The City of Tigard's Development Services Division (Engineering) reviewed the proposal for a Pre- Application Conference on April 3, 2018 and provided comment in a Memorandum dated March 23, 2018. The findings of the Memorandum are contained within this Staff Report. SECTION VI. OUTSIDE AGENCY COMMENTS The following agencies/jurisdictions had an opportunity to review this proposal and did not respond: Metro Land Use and Planning and the Oregon Department of Land Conservation and Development. Tualatin Valley Fire and Rescue reviewed the proposal and provided a comment letter dated April 3, 2018 addressing basic approval standards for potential subdivision development, as proposed at the applicant's pre-application conference. SECTION VII. INTERESTED PARTIES COMMENTS The applicant held a neighborhood meeting on May 11, 2018. Documentation is provided in Exhibit 4 of the application. Fourteen attendees discussed the proposed comprehensive plan and zone change amendments. Issues discussed focused on consistency with the Comp Plan, spot zoning, multifamily development,quality of product, traffic,parking,ownership vs rental units, and schedule of development. On September 27, 2018, the city mailed notice of Notice of Public Hearing to property owners within 500 feet of the subject site and to interested parties.The city received two written comments: Robert Ruedy, an interested party at 14185 SW 100th Avenue, submitted a comment letter, undated but received on October 11, 2018, opposing the application. Mr. Ruedy raises the issue of spot zoning arguing the three stories allowed under R-12 represents a "neighborhood livability" issue with the surrounding two- story R-4.5 zone. Mr. Ruedy also worries that "Frequent Public Transit" is too far to be useful to future residents of the subject property. RESPONSE: The following is a working definition of"spot zoning" in the opinion of land use attorney Daniel Shapiro,on the Planners Web site: "When considering spot zoning, courts will generally determine whether the zoning relates to the compatibility of the zoning of surrounding uses. Other factors may include; the characteristics of the land, the size of the parcel, and the degree of the "public benefit." Perhaps the most important criteria in PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 13 OF 15 determining spot zoning is the extent to which the disputed zoning is consistent with the municipality's comprehensive plan." The city's goal of increasing affordable housing is a public benefit identified in the city's comprehensive plan policies. The protection of existing uses by ensuring new development is compatible is also a public benefit identified in the city's comprehensive plan policies. The Commission's recommendation and Council's action on the proposed amendments can address these potentially competing "goods" through exercise of their discretion to condition the zone change to reduce the impacts while supporting density. For example, approving the R-12 zone, while limiting the use allowed to single-family detached units not to exceed two stories. Bus lines # 76 and #78 run on Greenburg within approximately 500 feet of the subject property on both SW 92nd and 95th, which have 30-minute headways where 15-minute headways are generally considered frequent service. More frequent service is provided within a half mile on Pacific Hwy. Wayne Chapman, property owner at 11850/11900 SW 95th Ave., submitted a comment letter undated but received on October 11,2018 (attached),raising questions of procedure and substance and opposing the zone change. Mr. Chapman worries that "ordinary procedure for public input seems to have been short- circuited" with inclusion in the application of an alternate R-7 proposal to the R-12 primary request. Mr. Chapman is similarly concerned with spot zoning where the proposed R-12 zone may not be compatible with existing adjacent R-4.5-zoned property. The prospect of apartments, allowed under the R-12 zone,and the need for a clearer comparison of types of construction permitted under the two proposed zones are also at issue. RESPONSE: The hearing process provides interested parties notice of hearing which provides information to timely access the application to become fully aware of the proposal. In addition, the staff report to the Planning Commission and, in turn, the City Council, is made available to the public one week prior to the hearings. In this manner, the city provides the public access to the substantive content of the application, as demonstrated in Mr. Chapman's case. The issue of spot zoning is addressed above under the response to Mr. Ruedy.The issue of multi-family use and the comparison of types of construction permitted under the R-7 and R-12 zones is addressed in the findings in the staff report,above. In addition, at the Commission's February 25, 2019 Hearing on Remand, additional written and oral testimony was received by the city in opposition to the proposed development. The concerns ranged from increased traffic, hazardous materials on site, pedestrian safety, through traffic, and tree removal and are contained in the record for CPA2018-00003 and reflected in the minutes of the Commission hearing. SECTION VIII. CONCLUSION and RECOMMENDATION The Planning Commission finds that the proposed comprehensive plan and zoning map amendment from R-4.5 to R-7 complies 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,as conditioned. By a vote of 8 in favor, one opposed, the Planning Commission recommends the Tigard City Council APPROVE the proposed Comprehensive Plan Designation change from low to medium density residential. By a vote of 7 in favor, one opposed, one abstention , the Planning Commission further recommends amending the zoning classification from R4.5 to R-7 (PD) consistent with the Comp Plan policies to mitigate adverse impacts to adjacent properties and to identified on-site natural resources. PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 14 OF 15 RECOMMENDED: THE 25TH DAY OF FEBRUARY 2019 BY THE CITY OF TIGARD PLANNING COMMISSION. Brian Feeney, Planning Commission Vice President Dated this 15th day of March 2019 PLANNING COMMISSION RECOMMENDATION ON REMAND TO CITY COUNCIL CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 15 OF 15