11/19/2018 - PacketPLANNING COMMISSION AGENDA – NOVEMBER 19, 2018
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1
City of Tigard
Planning Commission Agenda
MEETING DATE: November 19, 2018 - 7:00 p.m.
MEETING LOCATION: City of Tigard – Town Hall
13125 SW Hall Blvd., Tigard, OR 97223
1. CALL TO ORDER 7:00 p.m.
2. ROLL CALL 7:00 p.m.
3. COMMUNICATIONS 7:02 p.m.
4. CONSIDER MINUTES 7:04 p.m.
5. PUBLIC HEARING 7:05 p.m.
- 95th Avenue Zone Change -
Comprehensive Plan Amendment (CPA) 2018-00003;
Zoning Map Amendment (ZON) 2018-00004
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.
LOCATION: 11700 & 11730 SW 95th Avenue; TAX MAP 1S135DC 03600, 03700, and 03800.
6. OTHER BUSINESS 8:35 p.m.
7. ADJOURNMENT 8:45: p.m.
November 19, 2018 Page 1 of 8
CITY OF TIGARD
PLANNING COMMISSION
Minutes, November 19, 2018
Location: Tigard Civic Center
Town Hall, 13125 SW Hall Blvd.
CALL TO ORDER
Vice President Feeney called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Vice President Feeney
Commissioner Brook
Commissioner Hu
Commissioner Jackson
Commissioner Middaugh
Commissioner Roberts
Commissioner Schmidt
Alt. Commissioner Whitehurst
Absent: President Fitzgerald; Commissioner Lieuallen
Staff Present: Tom McGuire, Assistant Community Development Director;
Doreen Laughlin, Executive Assistant; Gary Pagenstecher, Project Planner
COMMUNICATIONS - None
CONSIDER MINUTES
The November 5, 2018 minutes will be considered at the December 17 public hearing.
PUBLIC HEARING
- 95th Avenue Zone Change -
Comprehensive Plan Amendment (CPA) 2018-00003;
Zoning Map Amendment (ZON) 2018-00004
DESCRIPTION OF PROPOSAL: 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.
LOCATION: 11700 & 11730 SW 95th Avenue
November 19, 2018 Page 2 of 8
QUASI-JUDICIAL HEARING STATEMENTS
Vice President Feeney read the required statements and procedural items from the quasi-judicial
hearing guide. There were no abstentions; there were no challenges of the commissioners for
bias or conflict of interest. Ex parte contacts: Commissioner Middaugh disclosed that he lives
on 94th Avenue - the street next to 95th. He said he did not speak to anyone in the neighborhood
regarding this case, and will not be biased. Site visitations: Commissioners Whitehurst, Feeney,
and Middaugh had visited the site. No one in the audience wished to challenge the jurisdiction
of the commission.
STAFF REPORT
Project Planner Gary Pagenstecher introduced himself and reminded the commissioners that
staff is looking for a recommendation of approval to the City Council – not a decision. He went
over the staff report (Staff reports are available on-line at the City website one week before scheduled public
hearings). He also went over a PowerPoint presentation (Exhibit A). He noted the proposed
change is from Low-Density Residential, R-4.5 to Medium-Density Residential, R-12 or R-7.
The site is 1.64 acres bordered by R-4.5 and R-7 zoned properties. He said the majority of the
area around the subject site has been fairly stable since it was zoned in the ‘80’s. The applicant
made the case that R-12 will, over time, become the predominant zone in this area. Legal non-
conforming apartments exist in this neighborhood within the R-4.5 and R-7 zone and
apartments would be allowed in the R-12 zone – Gary noted the applicant has said they are not
proposing to have multi-family dwellings there; however, if the zone were to be approved R-12
they could potentially sell the property, and that would be allowed. Regarding natural resources,
he said, “Even though R-12 development could be compatible with the adjacent development, if
it were to be limited in terms of its height or to the type of housing – being single-family for
example, when you add the retention of natural resources – the tree canopy – that really argues
for a development pattern that can be nimble and flexible enough to work tree preservation in
the development – and that’s why staff recommends the lower zone of the R-7 and the Planned
Development process to ensure that happens. That seems to be more protective of the adjacent
development and these natural resources.”
STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend to the Tigard City Council
APPROVAL of the proposed Comprehensive Plan Designation change from low to medium
density residential. Additionally, staff recommends changing the zoning classification from R -4.5
to the R-7 zone with future development reviewed through a planned development process as
conditioned.
QUESTIONS
Regarding the various zones – R-12 apartments are allowed, but R-7 are not allowed - is
that correct? Yes, that’s correct.
November 19, 2018 Page 3 of 8
So even if it were changed to only R-7, you are recommending a review process later on
– is that just because you want to protect trees? Because I don’t see why we can’t just
say R-7 and be done with it, like the rest of the neighborhood. We have an image that
shows there are Oak trees there, but we do not have an inventory that says what the condition
of them are, what size, or anything like that. We just have a photograph suggesting that that
resource, and those mature trees would be worth protecting. We are extending our care of
White Oaks to wherever they are in the city. If you have the flexibility allowed under the
Planned Development standards to adjust to any measurable development standard – that is, the
set-backs, or lot sizes - then with that flexibility you have a much better chance of avoiding the
trees when you do your lot layout, and siting houses within those lots.
So, are there any other reasons why we’d want to recommend a planned development
process other than preservation of trees? Trees are the main focus.
But there is no law that could prevent the applicant from cutting down all the trees on
their property right now, right? Correct.
APPLICANT’S PRESENTATION – Architect Brian Cobb, Owner of Infinite
Architecture noted they’d put this proposal together to essentially combine the three different
lots which are under one local family’s ownership. They are wanting to develop the property and
provide some nice, affordable, single-family homes. While acknowledging that R-12 allows
multi-family up to three-story – that’s not the intent. He said, “We’re asking for R-12 because
that reduces the size of the lots minimum square footage, so we can have more lots to distribute
the overall cost of the general development, the street, all the other things that will be required
to build on the lot. The intent is to improve the areas, but in the end the number of lots
increased by skipping over R-7 and going to R-12 will allow the overall costs of the individual
homes to be brought down. A quick number… if you were to take an R-7, you’d essentially get
10 lots, you take an R-12, it’s 16 lots, so the overall cost of each lot is about 40% more if we
were to go for R-7 in lieu of R-12. So, there’s a fixed cost that could help alleviate some of the
end user’s affordability rating. There’s a lot of additional commercial zones – there’s
Washington Square to the Northwest, you’ve got the transit center to the southeast – so there’s
fairly close proximity to a lot of different activity in the area. We’re trying to make the most of
the land now.”
He said they’re looking for single family homes and while adding a bunch of other restrictions
are generally more prohibitive on the city side, we don’t have issues with limiting the building
types on R-12. The zone will allow it, but the only thing I can offer on that is we’re looking for
smaller lots and not necessarily taller buildings.
Regarding a hybrid – R-7 vs R-12 – speaking for us we want one or the other – we don’t want a
portion of the site being R-7 and another R-12. It makes no sense to have a smallish plot of land
split like that.
QUESTIONS
I’m curious if you’ve considered “missing middle housing” options in your initial plans.
I wasn’t aware of that, but we can certainly look into it.
November 19, 2018 Page 4 of 8
TESTIMONY IN FAVOR – Andrew Jones, 11700 SW 95th Ave., Tigard is the property
owner. He said he knows a lot of the opposition has been having the possibility of putting in
apartment complexes – and the ability to have the property rezoned to R-12 - and then maybe
resell it down the line. He wanted to explain the situation – both properties are paid off in full;
all his property is paid off in full; they aren’t getting any lending on the building; he’s self-
financing; and his builder is in the room. They have a set plan – nothing is going to come up
that’s going to require him to sell the property. They want to build single-family homes in the
neighborhood. He lives across the street, he grew up there, played there, went to Tigard High,
etc. He said he’s explained that to the neighbors and he realizes that someone could think he’s
lying and that he’s really going to sell the property and someone is going to come and build
apartment complexes on it - but he said he’s there to say that is simply not the case. He said he’s
testifying because he wanted to take the opportunity to explain the situation to those concerned.
Mark Lane 2633 19th Ave., Forest Grove 97116 – said he is an unbiased person. He’s worked
with Andrew Jones (the property owner), and with Joe Green Jr. (the builder) for a long time.
He owns a welding and fabrication shop in Forest Grove, and he’s done a lot of work for these
men. He said his experience in working with them is that he’s literally never seen them go sub-
standard with anything – ever. It’s always been the highest of standards and it’s always trying to
make sure they work with the community, that they work with everyone involved, and that
there’s never any way where things will be detrimental to everybody around them. He said he’s
literally watched this happen to the point where they sometimes drive him crazy because the
aesthetics are always important, the standards are always important, and everything that they do
they make sure it reaches the highest level, even to some of the smallest details. And that’s ju st
working with them and it’s his experience with the whole thing. He believes that when they do
this project and they build it, and they make it happen, it’s will always have that high standard -
because they don’t know to do anything else.
Kaylie McClung 11700 SW 95th – is in favor of R-12. It’s hard to find affordable housing. This
would be a good opportunity for that. The houses going into it will not affect the parking in a
detrimental way. She thinks that would also bring more children into the neighborhood. She
thinks it would be a great thing to make it an R-12.
TESTIMONY IN OPPOSITION
Cory Montgomery 11680 SW 95th Ave., Tigard 97223 is not opposed to the development –
his issue is he doesn’t see a reason for the change, nor does he see it improving the
neighborhood. The current zone R-4.5 would accommodate six new properties and homes and
would not significantly impact the livability of the neighbors. He likes the neighborhood’s open
feel. The lots are enormous but the streets are narrow. The zone change could also be used to
incorporate multi-family units which was discussed earlier. This could cause much more traffic.
His children walk those streets every day to get to the school bus and it’s already dangerous with
no sidewalks and the narrow streets. With more vehicles parked on those crowded streets – it’s
going to get even more dangerous. Adding sidewalks in 50 years isn’t going to benefit anyone in
this room.
November 19, 2018 Page 5 of 8
Josh Jones – 9555 SW Lewis Lane, Tigard 97223 stated that he is not related to the applicant.
He said he came opposed to this change because of all the verbiage that had been received and
all the communications showed just changing it to R-12. He’s very much for R-7. He would love
to see the lots – the area developed. He’d prefer R-4.5 for the same reasons as Mr. Montgomery.
The traffic change between Greenburg and Shady Lane has already caused an increase in traffic
on 95th. Adding 16 dwellings to this acreage is too much of an increase for the area to handle.
He’s lived there 10 years and enjoyed walking and taking his kids and his dog out as well as
visiting with all the neighbors; it’s a very tight knit community. He was unaware of the
alternative for R-7 until this evening when looking at the application – so that’s why he signed
up for the opposition; however, he’s actually a proponent for a change to R-7.
Wayne Chapman, property owner at 11850/11900 SW 95th Ave., Tigard 97223 read and
submitted his written testimony for the record (Exhibit B). He endorses staff’s
recommendation for an R-7 change.
Marilyn Manson - wife of Wayne Chapman 6324 NE 32nd Place, Portland 97211 read and
submitted her testimony for the record (Exhibit C). She opposes the change to R-12.
Julia Good – 11865 SW 95th Ave. 97223 is opposed to an R-12 change. The small lots will not
work to continue the community feeling she has. She’s concerned about flooding and no
sidewalks. The street needs improvement and she’d like to see it stay R-4.5.
RESPONSE FROM STAFF
No follow-up.
QUESTIONS
I’m concerned about walkability; will they be required to build sidewalks in front of the
houses? Yes, they will – they are required to build the street section in front of the house –
sidewalk included.
What is staff’s opinion on spot zoning? If it’s bad, how would we otherwise increase the
density in the neighborhood? Gary read a working definition of spot zoning in the opinion of
land use attorney Daniel Shapiro – “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 determining spot zoning is the
extent to which the disputed zoning is consistent with the municipality’s comprehensive plan.”
So, the applicable comprehensive plan criteria are the ones that are in the staff report.
Tom McGuire continued “These types of cases – you’ve seen a few of these quasi-judicial
zone changes on individual properties come through and oftentimes there are unique
circumstances why a zone change makes sense. The general answer is, we don’t prefer to do it
this way – the preferred method of increasing density or changing zoning is through a legislative
project like the Triangle project or the River Terrace project. Oftentimes it happens when we
update our Goal 10 Housing Study, we have a housing study that says we have a needs analysis
November 19, 2018 Page 6 of 8
– that we need a certain range of housing types and/or prices – and then we do more of a
citywide look to see what makes sense.”
Is there a way the builders can pass along the savings? The houses would be smaller so
they would cost less.
APPLICANT COMMENTS
Brian Cobb – since this is new development, we have to put in the appropriate number of
street trees and sidewalks, while all stormwater has to stay on site as part of this development
we’ll have to fix some of the flooding issues on the east end of the site. They’d have to put
sidewalks on 95th or at least on our property line so at least that’s a start to getting sidewalks and
activity up to Greenberg. But we’d certainly be connecting to any sidewalks and street systems
on the street side. As far as the question about the number of lots and R-7 versus R-12 – R12,
our thinking is R-12 Planned Use Development would allow us to have smaller lots and
wouldn’t necessarily add up to 16 because you’d still have to maintain water quality contained on
site - so a portion of the lot will be devoted to clean water.
Ken Sandblast Westside Consultants – said this is a good chance for needed housing. To save
the trees on the end, the R12 does give the extra flexibility. The site planning and the idea about
the density – yes – on paper it may look like 10 more units, but that’s really not what happens –
what happens is you calculate this on a piece of paper, then you put it on the ground – and
when you do that, and especially on a constrained dimensional situation, achieving maximum
density is usually something less than maximum density on paper. It is an area that has some R-
4.5 and also is in transition for other reasons and will be in the future. Staff did a good job in the
staff report. The medium density is appropriate, without question. The question is just the R-7
or the R-12 – we would look for the R-12 support from you for some of the reasons talked
about this evening.
PUBLIC HEARING CLOSED
DELIBERATION
Commissioner Brook said she was a bit conflicted on this. She’s concerned about parking and
walkability and thinks the car situation is not acceptable. She’s against the R-12, but open to R-7.
She doesn’t like the idea of 32 additional cars.
Commissioner Jackson is comfortable saying that he thinks the proposition of it being rezoned
R-7 satisfies the criteria. He’s less comfortable with R-12 without at least a couple of additional
conditions of approval. Between the two - he likes the R-7 zoning better.
Commissioner Hu thinks the first motion for the Comprehensive Planned Amendment
rezoning from low to medium density is fine and everyone agrees. The issue for them is to make
it into R-7 or R-12, which would be the second motion for the zone change (ZON2018-00004).
He’s comfortable with R-12 with the condition of limiting it to single detached homes. He
believes it offers more flexibility. And for tree preservation purposes, there’s really no guarantee
that R-7 will preserve more trees. R-12 may even allow for more tree preservation and a way of
November 19, 2018 Page 7 of 8
managing water runoff. Also, affordable housing is important. He’s okay with R-7, but he thinks
R-12 might be the better approach.
Commissioner Middaugh understands the concern with R12 and the apartments. He knows the
owner has said they would not sell property to build apartments, but he’s also heard other public
testimony against the R-12 and with staff recommending R-7 as well, he’s leaning more towards
R-7.
Commissioner Roberts is also in favor of R-7, the people of the neighborhood are asking for it.
Commissioner Schmidt is in favor of R-7 – he believes it’s the right move – it gives flexibility
and is more consistent with the adjacent neighborhood than an R-12.
Commissioner Feeney is in favor of R-7 over R-12. It’s consistent with the neighborhood – a
transition from the R-4.5. The larger lots allow for more parking. Adding connectivity would
spread the traffic out a bit more and allow for better fire protection to that neighborhood as
well. His recommendation is to adopt the staff report as written.
MOTION FOR COMPREHENSIVE PLAN AMENDMENT
Commissioner Hu made the following motion: “I move the Planning Commission forward a
recommendation of approval to the City Council for CPA2018-00003, which is a
proposed Comprehensive Plan designation change from low to medium density
residential, and adoption of the findings based on the testimony received.”
Commissioner Roberts seconded the motion.
VOTE 7 - 0
All in favor, none opposed 7-0
RESULT
Recommendation for APPROVAL passes.
MOTION FOR ZONE CHANGE
Commissioner Roberts made the following motion: “I move the Planning Commission
forward a recommendation to the City Council to approve Zone Change ZON2018-00004
from R-4.5 to R-7 per the staff report and the testimony received. The motion was
seconded by Commissioner Schmidt.
VOTE
Six in favor, none opposed, one abstained
Commissioner Hu cast the abstaining vote.
C I T Y O F T I G A R D
R e s p e c t a n d C a r e | D o t h e R i g h t T h i n g | G e t i t D o n e
95th Avenue
Comprehensive Plan and Zoning Map Amendments
Low-Density to Medium-Density Residential
R-4.5 to R-12 or R-7
Planning Commission Hearing
Community Development
November 19, 2018
C I T Y O F T I G A R D
Proposed change from Low-
Density Residential, R-4.5 to
Medium-Density Residential,
R-12 or R-7
1.64 acre site bordered by R-4.5
and R-7-zoned properties
R-7 allows increased density up
to four additional units, and
increased height to 35 feet.
R-12 allows increased density
up to ten additional units,
increased height to 35 feet, and
multifamily housing type.
Comprehensive Plan and Zoning Map Amendments
C I T Y O F T I G A R D
Existing Zoning and Adjacent Development
“Permitted land
uses compatible
with surrounding
land uses.”
Immediate neighbor-
hood has retained
1980’s zoning.
Legal non-
conforming
apartments exist
within the R-4.5 and
R-7 zone.
C I T Y O F T I G A R D
Oregon white oak tree canopy on site
“Demonstrate
Amendment does
not detract from the
viability of the
City’s natural
systems.”
Extension of Tangela
Street shows net
developable areas
north and south
containing Oregon
white oaks and other
trees.
C I T Y O F T I G A R D
Recommendation
Staff recommends that the Planning Commission
recommend to the Tigard City Council APPROVAL of the
proposed Comprehensive Plan Designation change from low
to medium density residential.
Additionally,staff recommends changing the zoning
classification from R4.5 to the R-7 zone with future
development reviewed through a planned development
process,as conditioned.
Approx. 1-20-17 (JL)
Approx. 1-23-17 (JL)
C I T Y O F T I G A R D
R e s p e c t a n d C a r e | D o t h e R i g h t T h i n g | G e t i t D o n e
95th Avenue
Comprehensive Plan and Zoning Map Amendments
Low-Density to Medium-Density Residential
R-4.5 to R-12 or R-7
Planning Commission Hearing
Community Development
November 19, 2018
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 1 OF 14
Agenda Item: 5
Hearing Date: November 19, 2016 Time: 7:00 PM
STAFF REPORT TO THE
PLANNING COMMISSION
FOR THE CITY OF TIGARD, OREGON
120 DAYS = N/A
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 i s
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.
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.
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 2 OF 14
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
REVIEW
CRITERIA:
Community Development Code Chapter 18.795; Comprehensive Plan Goals
1, 2, 10; Statewide Planning Goals 1, 2, 10; and Metro’s Urban Growth
Management Functional Plan Title 1, Housing Capacity.
SECTION II STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend to the Tigard City Council
APPROVAL of the proposed Comprehensive Plan Designation change from low to medium
density residential. Additionally, staff 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 and protection of mature white oak trees on the
subject site, staff recommends approval of the R-7 zone with future development reviewed through
a 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
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, are present on site.
Proposal Description
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 3 OF 14
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 essenti al
services. Increasing density within the city reduces sprawl, costly service extensions, and
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.
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 4 OF 14
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:
1. Demonstration of compliance with all applicable comprehensive plan policies and map
designations;
Chapter 1: Citizen Involvement
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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.
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.
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
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 6 OF 14
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;
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..."
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• "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
(Housing Strategies Report, May 28, 2013). 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
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 and no natural features other
than mature oak trees. Because of the mix of existing land uses in the area, either the proposed R -12 or R-7
would allow development that is compatible with surrounding land uses. However, because the R -12 allows
so much more density it may not be compatible with the existing environmental conditions. The proposed
R-7 would be more compatible with environment conditions. 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. The site has a gentle slope north to south and does not contain any natural systems that are regulated
under the Sensitive Lands Chapter (18.510). To the extent the zone change allows more dense development
the less likely it will be to retain existing tree canopy. The proposed zone change to R-12 would allow more
density, that under certain development scenarios, could result in a greater loss of the mature oak trees.
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 8 OF 14
However, R-12 also allows a range and flexibility of housing type that through clustering might allow for
more trees to remain than under conventional development.
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 the mature oaks 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 of the oaks to be
preserved within lots. With the R-7 zone 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
recorded in the minutes of the neighborhood meeting, would accept as a condition of the zone change,
precluding multifamily development permitted in the R-12 zone. If so conditioned, the significant difference
between R-7 and R-12 zones is the additional height and density R-12 would permit. 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.
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
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 9 OF 14
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.
CONDITION
To ensure compatibility with adjacent development and protection of mature white oak trees
on the subject site, staff 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
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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 oak trees. The
application of planned development standards or the community design standards for multifamily housing
would need 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 consist of mature 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 mature oak 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
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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.
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:
“As part of the preapplication process, City of Tigard Engineering reviewed our pot ential 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
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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
determining spot zoning is the extent to which the disputed zoning is consistent with the municipality’s
comprehensive plan.”
STAFF REPORT TO THE PLANNING COMMISSION
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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 p roposed 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.
SECTION VIII. CONCLUSION and RECOMMENDATION
Staff 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.
Staff recommends that the Planning Commission recommend to the Tigard City Council APPROVAL of
the proposed Comprehensive Plan Designation change from low to medium density residential.
Additionally, staff 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. As conditioned, the proposal complies with all applicable comprehensive plan policies and map
designations and Metro policies, and the applicant has demonstrated adequate public services exist to serve
the property at the intensity of the proposed zoning.
November 12, 2018
PREPARED BY: Gary Pagenstecher
Project Planner
DATE
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2018-00003/ZON2018-00004 95th Avenue Zone Change PAGE 14 OF 14
November 12, 2018
APPROVED BY: Tom McGuire
Assistant Community Development Director
DATE
INFINITE ARCHITECTURE PO BOX 664 DONALD, OREGON 97020 503.989.2992
SW 95th ZONE CHANGE
11700 & 11730 SW 95TH STREET
TIGARD, OR 97223
INFINITE ARCHITECTURE
PO BOX 664
DONALD, OREGON 97020
503.989.2992
INFINITEARCHITECTURE@WBCABLE.NET
TABLE OF CONTENTS
APPLICATION & NARRATIVES SECTION 1
APPLICATION
TITLE TRANSFER/DEED
NARRATIVES & COMPLIANCE SECTION 2
WRITTEN SUMMARY OF PROPOSAL 1
COMPLIANCE NARRATIVE; R12 3
COMPLIANCE NARRATIVE; R7 11
NEIGHBORHOOD NOTICE SECTION 3
NOTICE OF MEETING LETTER
SIGNED AFFIDAVIT OF MAILING
NEIGHBORHOOD MEETING SECTION 4
MEETING SIGN-IN SHEETS
MEETING MINUTES
HANDOUT MATERIALS
PREAPPLICATION CONFERENCE NOTES SECTION 5
DRAWINGS & EXHIBITS SECTION 6
EXHIBIT A1 – COMPREHENSIVE PLAN
EXHIBIT A2 – PROJECT AREA ZONING
INFINITE ARCHITECTURE
PO BOX 664
DONALD, OREGON 97020
503.989.2992
INFINITEARCHITECTURE@WBCABLE.NET
TITLE TRANSFER/DEEDS
INFINITE ARCHITECTURE
PO BOX 664
DONALD, OREGON 97020
503.989.2992
INFINITEARCHITECTURE@WBCABLE.NET
WRITTEN SUMMARY OF PROPOSAL
INFINITE ARCHITECTURE
PO BOX 664
DONALD, OREGON 97020
503.989.2992
INFINITEARCHITECTURE@WBCABLE.NET
NARRATIVE COMPLIANCE – R12
INFINITE ARCHITECTURE
PO BOX 664
DONALD, OREGON 97020
503.989.2992
INFINITEARCHITECTURE@WBCABLE.NET
NARRATIVE COMPLIANCE – R7
INFINITE ARCHITECTURE
PO BOX 664
DONALD, OREGON 97020
503.989.2992
INFINITEARCHITECTURE@WBCABLE.NET
NOTICE OF MEETING LETTER
INFINITE ARCHITECTURE
PO BOX 664
DONALD, OREGON 97020
503.989.2992
INFINITEARCHITECTURE@WBCABLE.NET
SIGNED AFFIDAVIT OF MAILING
INFINITE ARCHITECTURE
PO BOX 664
DONALD, OREGON 97020
503.989.2992
INFINITEARCHITECTURE@WBCABLE.NET
MEETING SIGN-IN SHEETS
INFINITE ARCHITECTURE
PO BOX 664
DONALD, OREGON 97020
503.989.2992
INFINITEARCHITECTURE@WBCABLE.NET
MEETING MINUTES
INFINITE ARCHITECTURE
PO BOX 664
DONALD, OREGON 97020
503.989.2992
INFINITEARCHITECTURE@WBCABLE.NET
HANDOUT MATERIALS
City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2
City of Tigard
COMMUNITY DEVELOPMENT DEPARTMENT
Master Land Use Application
LAND USE APPLICATION TYPE
Adjustment/Variance (II)
Comprehensive Plan Amendment (Legislative)
Conditional Use (III)
Development Code Amendment (Legislative)
Discretionary Urban Forestry Plan Review (III)
Downtown Design Review (II, III)
Historic Overlay (II or III)
Home Occupation (II)
Land Partition (II)
Planned Development (III)
Sensitive Lands Review (II or III)
Site Development Review (II)
Subdivision (II)
Transportation Mitigation (II)
Urban Forestry Plan Modification (I)
Zone Change (III or Legislative)
Zone Change Annexation (III or Legislative)
NOTE: For required submittal elements, please refer to your pre-application conference notes.
PROPOSAL SUMMARY (Brief description)
PROPERTY INFORMATION (where proposed activity will occur)
Location (address if available):
Tax maps and tax lot #s:
Total site size: Zoning classification:
APPLICANT INFORMATION
Name:
Mailing address:
City/state: Zip:
Phone number:
Primary contact name:
Phone number:
Email:
FOR STAFF USE ONLY
Case No.:
Related Case No.(s):
Application Fee:
Application accepted:
By: Date:
Application determined complete:
By: Date:
I:\Community Development\Land Use Applications\02_Forms and
Templates\Land Use Applications Rev. 12/14/2017
4
11700 & 11730 SW 95TH
01S135DC03600, 03700, & 03800
CURRENT R4.5 - PROPOSED R12
Zone change of approximately 1.64 acres of R4.5 to R12
1.64 acres
INFINITE ARCHITECTURE
PO BOX 664
DONALD, OR 97020
Brian Cobb
503-989-2992
infinitearchitecture@wbcable.net
503-989-2992
Project Information;
Address – 11700 & 11730 SW 95th, Tigard, OR
Assessor/Lot – 1S135DC03600, 03700, & 03800. [Fir Dale Lots 7, 8, & 9]
Property Owner 11730 SW 95th
Winters Salvage Yard, LLC
747 Micheltorena Street, Unit B
Los Angeles, CA 90026
Property Owner 11700 SW 95th
Hyperfight Holding, LLC
7420 SW Bridgeport Rd #101
Portland, OR 97224
INFINITE ARCHITECTURE
PO BOX 664
Donald, Oregon 97020
503.989.2992
infinitearchitecture@wbcable.net
SW 95th Zone Change; Written Summary of Proposal PAGE 1 OF 19
September 17, 2018
Project Information;
Address – 11700 & 11730 SW 95th, Tigard, OR
Assessor/Lot – 1S135DC03600, 03700, & 03800. [Fir Dale Lots 7, 8, & 9]
Property Owner 11730 SW 95th
Winters Salvage Yard, LLC
747 Micheltorena Street, Unit B
Los Angeles, CA 90026
Property Owner 11700 SW 95th
Hyperfight Holding, LLC
7420 SW Bridgeport Rd #101
Portland, OR 97224
Summary of Proposal;
This proposal encompasses three existing lots, addressed to 11700 & 11730 SW 95th, are all within City Limits.
The combined lots represent 1.64 acres (71,438 sf) with very limited existing development.
When first purchased, these properties were in a great state of disrepair. The buildings on the properties have
since been repaired and a fence added around the salvage yard to screen from the property from the
adjacent residences. With the continued demand for housing, especially homes for famili es, the Owner is
pursuing development of these parcels to provide quality single family housing units.
The proposed scope of this application includes re-zoning these three separate, but contiguous, lots from
zone R-4.5 to a higher density residential zone designation. Within a quarter mile, 1,300 ft ., of these
properties there are six different planning zones ranging from R4.5 to R25 and IL, CP to CBD, see exhibit A1.
This area of the city is, as noted, essentially pockets of different and varying usages.
While the Comprehensive Plan does not show any planned changes in this area, the immediate vicinity is
essentially a collection of spot zones of various sizes. 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 R7 & R12 to both
be medium density. So, in this respect, either R-12 or R-7 is consistent with the Medium Density designation,
in the Comp Plan, 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 exhibit A2.
The large section of R-12 zoned use to the northwest is second in size only to the R4.5 lower density that the
properties are currently in. The adjacent R-7 zone is a smaller in size and more disconnected than the
higher R-12 zone we are proposing to eventually connect with. We believe It is not unreasonable to see the
R4.5 zone in the surrounding area being changed to R12, 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, refer to the R12
compliance narrative as part of this application for more information. The surrounding neighborhood(s)
contains several areas of differing residential zones with the R-12 zone, to the northwest, being the largest
after the R4.5 zoned area the parcels are currently within. 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
SW 95th Zone Change; Application Compliance PAGE 2 OF 19
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 R12 and their eventual connection to the northwest R12 zone, we
have provided an alternate request for a zone change to R-7, refer to the R7 compliance narrative as part
of this application for more information. 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 limits reduces sprawl, costly service extensions, and automobile traffic. This
rezone 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 Pla n.
End of Summary
INFINITE ARCHITECTURE
PO BOX 664
Donald, Oregon 97020
503.989.2992
infinitearchitecture@wbcable.net
SW 95th Zone Change; Application Compliance R12 PAGE 3 OF 19
September 17, 2018
Comprehensive Plan & Quasi-Judicial Compliance – R12
GOAL 1 – CITIZEN INVOLVEMENT: To develop a citizen involvement program that ensures the opportunity for
citizens to be involved in all phases of the planning process.
1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all
phases of the planning process.
1.2 Ensure all citizens have access to:
A. opportunities to communicate directly to the City; and
B. information on issues in an understandable form.
COMPLIANCE: As part of this Zoning Application process, the required neighborhood meeting was held and
the intended project goals, i.e. eventual sub-division into single family homes, was discussed. We believe
we listened to all the citizen’s concerns and that they had all their questions and conc erns discussed at this
meeting. Meeting notes are attached to this application as required.
Citizens will have further opportunities to express their concerns and/or support for this project to the City of
Tigard at future planning & city council meetings regarding this application.
GOAL 2 – LAND USE PLANNING: To establish a land use planning process and policy framework as a basis for
all decisions and actions related to use of land and to assure an adequate factual base for such decisions
and actions.
2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the
legislative foundation of Tigard’s land use planning program.
2.2 To enlarge, improve, and sustain a diverse urban forest to maximize the economic, ecological, and
social benefits of trees.
2.3 To balance the diverse and changing needs of the City through well-designed urban development
that minimizes the loss of existing trees to create a living legacy for future generations.
COMPLIANCE:
The Comprehensive Plan does not show this area of the city as havin g any planned changes. Within a
quarter mile, i.e. 1,300 ft., of the properties there are six different planning zones ranging from R4.5 & R25 to
IL, CP & CBD. This area of the city is, as noted, essentially pockets of different usages.
While the proposed change to R-12 would be a locally isolated zone, the Comprehensive Plan considers R7
& R12 to both be medium density. The subject parcels will be contiguous with the adjacent R -7 zone. In
effect, either R-12 or R-7 is consistent with the Medium Density designation, in the Comp Plan, 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 .
We believe It is not unreasonable to see the R4.5 zoned area surrounding the properties being changed to
R12 and connecting to the R-12 to the northwest, see exhibit A1 & A2. These changes would, over time,
provide more consistency to the zoning in this area. Furthermore, higher density housing in this area will
provide a buffer from the commercial & industrial zones to the north and east to the lower density residential
zones to the south and west. In addition, increasing the density in this area also allows the larger swashes of
lower density residential to remain while increasing available housing within the city limits.
SW 95th Zone Change; Application Compliance R12 PAGE 4 OF 19
2.1 Policy 14:
Requires; 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.
Compliance: Applicant & Owner acknowledge that we bear the burden of proof to demonstrate this
application is consistent with applicable criteria and requirements of the Development Code. We have
reviewed Tigard’s Title 18 as well as Tigard’s current Comprehensive Plan and to the best of our knowledge
and understanding this applicant meets these requirements, as demonstrated by this document.
2.1 Policy 15:
Requires;
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;
B: Development of land uses allowed by the new designation shall not negatively affect existing or planned
transportation or other public facilities and services;
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;
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;
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 f ulfilled;
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
G: Demonstration that the amendment does not detract from the viability of the City’s natural systems.
Compliance:
The property is contiguous with residential uses and activities with similar densities to the west and southeast.
The current and proposed designations of the adjacent and the proposed properties are R4.5, R7 & R12 all
of which are compatible adjacencies as shown in the Comprehensive Plan.
The proposed project areas will not adversely affect any natural open areas as there are none at the
proposed site or adjacent to these properties. The existing properties are currently developed, albeit very
low density, and therefore development of the properties will be less impactful compared to raw
undeveloped land.
There is still a very strong and continuing need for housing in the Portland metro especially affordable
housing and outdoor space for families within city limits. The proposed zone change will add much needed
family housing within the city limits with access to a multitude of public transit and service options.
The proposed zone change is part one of an overall goal of buildable single-family homes. The proposed
R12 designation would be developed, and can be, to comply with all applicable zone code requirements.
As part of the preapplication process, City of Tigard Engineering reviewed our p otential preliminary
subdivision plans, see preapplication notes attached. It was noted that there would be adequate public
SW 95th Zone Change; Application Compliance R12 PAGE 5 OF 19
utilities available to the site, based on R1 density, with some potential upgrades and adjustments. 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.
GOAL 3 – AGRICULTURAL LAND: Only land that lies outside Urban Growth Boundaries can be classified as
agricultural.
COMPLIANCE: The proposed lots are within the City of Tigard and currently zoned R4.5, residential. Increase d
density within the city limits will slow expansion outside of the urban growth boundary thus reducing the
conversion and/or loss rural agricultural land.
GOAL 4 – FOREST LAND:
To conserve forest lands by maintaining the forest land base, and to protect the state’s forest economy by
making possible economically efficient forest practices that assure the continuous growing and harvesting of
forest tree species as the leading use of forest land and, consistent with sound management of soil, air,
water, and fish and wildlife resources, and to provide for re creational opportunities and agriculture.
COMPLIANCE: Not applicable, the properties were not designated forest land at the time of adoption of this
goal.
GOAL 5 – NATURAL RESOURCES, AREAS, AND OPEN SPACES: To protect natural resources and conserve
scenic and historic areas and open spaces.
5.1 Protect natural resources and the environmental and ecological functions they provide and, to the
extent feasible, restore natural resources to create naturally functioning systems and high levels of
biodiversity.
5.2 Promote the preservation and protection of historically and culturally significant resources.
COMPLIANCE: The proposed area of zone change has no known natural resources within their boundaries.
Increased density on existing developed land reduces the pressure on development in or around natural
resources.
GOAL 6 – ENVIRONMENTAL QUALITY: To maintain and improve the quality of the air, water, and land
resources of the state.
6.1 Reduce air pollution and improve air quality in the community and region.
6.2 Ensure land use activities protect and enhance the community’s water quality.
6.3 Reduce the amount of solid waste entering landfills.
COMPLIANCE: Increasing density of existing under developed land in areas with plentiful services, such as
mass transit, and connectivity like bike paths & sidewalk promotes the use of such services thus reducing air
pollution.
Storm water issues were noted, as part of our preapplication conference, at both ends of the properties.
The adjacent properties on the easterly side have consistent flooding at the termination of SW Tangela Street
due to grading and clogged piping. The westerly side of the property has a series of underground and over
land channels for storm water management.
As part of the future development of these properties, SW Tangela Street will be extended to SW 95th. The
street termination, prone to flooding, will be graded t o transition to this extension. This will improve the storm
water management of the street system in this area thus improving downstream quality.
SW 95th Zone Change; Application Compliance R12 PAGE 6 OF 19
As part of the future development, the subject properties will be required to hold and improve the quality of
the storm water before being release to the system. This will also improve the quality of the downstream
environment.
GOAL 7 – HAZARDS: To protect people and property from natural hazards.
7.1 Protect people and property from food, landslide, earthquake, wildfire, and severe weather hazards.
7.2 Protect people and property from non-natural hazardous occurrences.
COMPLIANCE: The subject properties are not heavy sloped, i.e. >25%, and thus not prone to landslides.
Residential units, as part of the future development, will be wood framed and meet all current seismic
codes.
GOAL 8 – RECREATIONAL NEEDS: To satisfy the recreational needs of the citizens of the state and visitors and,
where appropriate, to provide for the siting of recreational facilities, including destination resorts.
8.1 Provide a wide variety of high quality park and open spaces for all residents, including both:
A. developed areas with facilities for active recreation; and
B. undeveloped areas for nature-oriented recreation and the protection and enhancement of
valuable natural resources within the parks and open space system.
8.2 Create a Citywide network of interconnected on- and off-road pedestrian and bicycle trails.
8.3 Provide Tigard residents with access to a broad range of recreational, cultural, and educational
activities.
COMPLIANCE: The subject properties are near higher density commercial areas and street systems. The
proposed increase in density in this area will enhance the existing medium density buffer zone between
these higher density areas / street systems (north and east) and the lower density residential & recreational
areas (south and west).
Increasing density in existing developed areas as well as providing density buffers improves the quality of the
recreational areas as well as providing an increased tax base for further improvements to existing facilities as
well as creation of new areas.
GOAL 9 – ECONOMIC DEVELOPMENT: To provide adequate opportunities throughout the state for a variety
of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens.
9.1 Develop and maintain a strong, diversified, and sustainable local economy.
9.2 Make Tigard a center and incubator for innovative businesses, including those that focus on
environmental sustainability.
9.3 Make Tigard a prosperous and desirable place to live and do business.
COMPLIANCE: While this zone change will not include commercial uses, the future development of these
properties will provide improved connectivity, enhance the medium density buffer between
commercial/dense areas and the lower density sections of the city.
Increasing the density in this existing developed area will provide additional housing units while relieving the
pressure of developing lower density residential and recreational areas of the city to meet future needs.
GOAL 10 – HOUSING: To provide for the housing needs of citizens of the state.
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.
10.2 Maintain a high level of residential livability.
SW 95th Zone Change; Application Compliance R12 PAGE 7 OF 19
COMPLIANCE: The proposed increase in housing density will provide more affordable housing through
economies of scale. Providing more units on the same amount of land reduces the economic burden of
the fixed development costs which can be used to lower the overall cost of the homes. The R12’s 3,050 sf
lot size provides for some outdoor area for each home while providing a more affordable starter level home.
GOAL 11 – PUBLIC FACILITIES AND SERVICES: To plan and develop a timely, orderly, and efficient
arrangement of public facilities and services to serve as a framework for urban and rural development.
11.1 Develop and maintain a storm water system that protects development, water resourc es, and
wildlife habitat.
11.2 Secure a reliable, high quality, water supply to meet the existing and
future needs of the community.
11.3 Develop and maintain a wastewater collection system that meets the
existing and future needs of the community.
11.4 Maintain adequate public facilities and services to meet the health, safety,
education, and leisure needs of all Tigard residents.
11.5 Private utilities provide the needed energy and communication services
for the community.
COMPLIANCE: As noted in Goal 6, Environmental Quality, the development of these properties will include
improvements to the storm management system in the area. Extension of SW Tangela Street to SW 95 th will
also allow a potential looping, as coordinated with Public Works, of underground utilities providing
redundancy within the system during maintenance and localized failures.
GOAL 12 – TRANSPORTATION: To provide and encourage a safe, convenient, and economic transportation
system.
12.1 Develop mutually supportive land use and transportation plans to enhance the livability of the
community.
12.2 Develop and maintain a transportation system for the efficient movement of people and goods.
12.3 Provide an accessible, multi-modal transportation system that meets the
mobility needs of the community.
12.4 Maintain and improve transportation system safety.
12.5 Coordinate planning, development, operation, and maintenance of the
transportation system with appropriate agencies.
12.6 Fund an equitable, balanced, and sustainable transportation system that
promotes the well-being of the community.
COMPLIANCE: The properties are within a short distance , nine tenths of a mile, of several transit lines
including Tigard Transit Center, which boasts numerous bus lines including a connection to the WES
Commuter rail. The proposed project will include a dedicated right-of-way for extending SW Tangela Street
to SW 95th, including sidewalks, which will also improve the local transportation network.
GOAL 13 – ENERGY CONSERVATION: Land and uses developed on the land shall be managed and
controlled so as to maximize the conservation of all forms of energy, based on sound economic principles.
13.1 Reduce energy consumption.
COMPLIANCE: The proposed zone change will eventually be developed into medium density housing. The
housing will be newly constructed and meet all current energy codes at the time of construction.
As noted in Goal 12, the properties are within a mile of numerous mass transit connections. Once
developed the area will have improved streets and sidewalks which will help promote use of mass transit, as
well as other lower energy consumption modes of travel.
SW 95th Zone Change; Application Compliance R12 PAGE 8 OF 19
GOAL 14 – URBANIZATION: To provide for an orderly and efficient transition from rural to ur ban land use, to
accommodate urban population and urban employment inside urban growth boundaries, to ensure
efficient use of land, and to provide for livable communities.
14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard
City limits.
14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,
including the appropriate annexation of unincorporated properties.
14.3. Promote Tigard citizens’ interests in urban growth boundary expansion and other regional and state
growth management decision.
COMPLIANCE: The proposed Increase in density, i.e. R4.5 to R12, of these existing properties with the City of
Tigard provides an efficient, as well as orderly, way to accommodate increased populations while reducing
the need to annex properties to the City’s inventory or transition rural lands.
This also has the added benefit of keeping urban services concentrated in higher use corridors, i.e. 99W,
increasing usage of existing services. Increasing capacity of existing urban services is generally less
expensive and timelier than creation and/or expansion of services in lower density rural or remote areas.
GOAL 15 – SPECIAL DISTRICT: Areas identified as needing additional planning attention due to their unique
circumstances and value to the community.
15.1 The City will promote the creation of a vibrant and active urb an village at the heart of the
community that is pedestrian oriented, accessible by many modes of transportation, recognizes
natural resources as an asset, and features a combination of uses that enable people to live, work,
play, and shop in an environment that is uniquely Tigard.
15.2 Facilitate the development of an urban village.
15.3 Develop and Improve the Open Space System and Integrate Natural Features into downtown.
15.4 Develop comprehensive street and circulation improvements for pedestrians , automobiles, bicycles,
and transit.
COMPLIANCE: The proposed area is not within any specific special districts. However, the proposed
development will enhance the existing street linkages through the extension of SW Tangela Street to SW 95th.
In addition, pedestrian linkages will be improved through sidewalks and rights-of-way on the same street
extension as well as along the properties SW 95th frontage.
QUASI-JUDICIAL AMENDMENTS: A recommendation or decision for a quasi-judicial zoning map amendment
or quasi-judicial comprehensive plan amendment shall be based on the following:
a. Demonstration of compliance with all applicable comprehensive plan policies and map
designations; and
b. 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 accommoda te the future use, and
the characteristics of the property and development proposal, if any.
COMPLIANCE: As described in above text, we have demonstrated that the proposed can and does comply
with all comprehensive plan policies. As described in Goal 2 .1 Policy 15, based on the preliminary
engineering review there are some modifications needed for the proposed density but the modifications are
possible as part of the eventual development of the properties.
SW 95th Zone Change; Application Compliance R12 PAGE 9 OF 19
18.110 – Residential Zones
REQUIRES: 18.110.020; 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 also permitted conditionally.
Table 18.110.3; Residential Zone Development Standards
Standard R-4.5 (existing) R-12 (proposed)
Minimum Lot Size;
Detached Unit
Duplexes
7,000 sf
10,000 sf
3,050 sf
Minimum Lot Width;
Detached Unit
Duplexes
50 ft
90 ft
None
Minimum Setbacks;
Front Yard
Side Facing Street on Corner
Side Yard
Rear Yard
20 ft
15 ft
5 ft
15 ft
Multi-Family / Single
20 ft / 15 ft
20 ft / 10 ft
10 ft / 5 ft
15 ft
Maximum Height 30 ft 35 ft
Maximum Lot Coverage None 80%
Minimum Landscape Requirement None 20%
Minimum Residential Density Requirement 80% of max density 80% of max density
Maximum Residential Density 4.5 unit/acre 12 unit/acre
COMPLIANCE: As part of a future subdivision land use process, the proposed lots would need to meet the
following requirements.
Proposed site area, after street ROW, is approximately 51,582 sf.
Maximum number of lots 16; [51,582 / 3,050 sf = 16.91]
Minimum number of lots 13; [16 x 0.8]
SW 95th Zone Change; Application Compliance R12 PAGE 10 OF 19
18.310 – Off-street Parking and Loading
REQUIRES:
18.310.01 A; Ensure adequate vehicle parking. These parking requirements are intended to provide
sufficient vehicle parking in close proximity to the various uses for residents, customers and employees, and
to establish standards that will maintain the traffic carrying-capacity of nearby streets.
18.310.030 - General Provisions
A. New construction. At the time of the erection of a new structure wi thin any base zone, off-street vehicle
parking will be provided in compliance with Section 18.310.070.
B. Location of vehicle parking. The location of off -street parking will be as follows:
1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall
be located on the same lot as the dwelling(s) it serves.
18.310.040 – General Design Standards
B. Access drives. With regard to access to public streets from off-street parking:
5. Access drives shall be improved with an asphalt, concrete, or pervious paving surface. Any pervious
paving surface shall be designed and maintained to remain well-drained; and
COMPLIANCE: As part of a future subdivision land use process, the proposed lots would need to meet the
following requirements for the intended single family detached homes.
One (1) Off-street parking space per dwelling unit.
On-street parking will be assumed to be required and provided to the greatest extent possible based on the
50 feet dedicated right-of-way.
END OF R12 COMPLIANCE NARRATIVE
INFINITE ARCHITECTURE
PO BOX 664
Donald, Oregon 97020
503.989.2992
infinitearchitecture@wbcable.net
SW 95th Zone Change; Application Compliance R7 PAGE 11 OF 19
September 17, 2018
Comprehensive Plan & Quasi-Judicial Compliance – R7
GOAL 1 – CITIZEN INVOLVEMENT: To develop a citizen involvement program that ensures the opportunity for
citizens to be involved in all phases of the planning process.
1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in all
phases of the planning process.
1.2 Ensure all citizens have access to:
A. opportunities to communicate directly to the City; and
B. information on issues in an understandable form.
COMPLIANCE: As part of this Zoning Application process, the required neighborhood meeting was held and
the intended project goals, i.e. eventual sub-division into single family homes, was discussed. We believe
we listened to all the citizen’s concerns and that they had all their questions and conc erns discussed at this
meeting. Meeting notes are attached to this application as required.
Citizens will have further opportunities to express their concerns and/or support for this project to the City of
Tigard at future planning & city council meetings regarding this application.
GOAL 2 – LAND USE PLANNING: To establish a land use planning process and policy framework as a basis for
all decisions and actions related to use of land and to assure an adequate factual base for such decisions
and actions.
2.1 Maintain an up-to-date Comprehensive Plan, implementing regulations and action plans as the
legislative foundation of Tigard’s land use planning program.
2.2 To enlarge, improve, and sustain a diverse urban forest to maximize the economic, ecological, and
social benefits of trees.
2.3 To balance the diverse and changing needs of the City through well-designed urban development
that minimizes the loss of existing trees to create a living legacy for future generations.
COMPLIANCE:
The Comprehensive Plan does not show this area of the city as havin g any planned changes. Within a
quarter mile, i.e. 1,300 ft., of the properties there are six different planning zones ranging from R4.5 & R25 to
IL, CP & CBD, see exhibit A1. This area of the city is, as noted, essentially pockets of different usages.
The subject parcels are adjacent to an existing R-7 zone, therefore, the proposed change would merely
enlarge the existing R-7 zone. R-12 & R-7 are both medium density residential, per the Comp Plan, the
change to zone R-7 would be fully in keeping with adjacencies for the Comp Plan designations as well as
the individual zone designations.
Higher density housing in this area will provide a buffer from the commercial & industrial zones to the north
and east to the lower density residential zones to the s outh and west. Furthermore, increasing the density in
this area also allows the larger swashes of lower density residential to remain while increasing available
housing within the city limits.
SW 95th Zone Change; Application Compliance R7 PAGE 12 OF 19
2.1 Policy 14:
Requires; 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.
Compliance: Applicant & Owner acknowledge that we bear the burden of proof to demonstrate this
application is consistent with applicable criteria and requirements of the Development Code. We have
reviewed Tigard’s Title 18 as well as Tigard’s current Comprehensive Plan and to the best of our knowledge
and understanding this applicant meets these requirements, as demonstrated by this document.
2.1 Policy 15:
Requires;
A: Transportation and other public facilities and services shall be available, or comm itted to be made
available, and of sufficient capacity to serve the land uses allowed by the proposed map designation;
B: Development of land uses allowed by the new designation shall not negatively affect existing or planned
transportation or other public facilities and services;
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;
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;
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;
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
G: Demonstration that the amendment does not detract from the viability of the City’s natural systems.
Compliance:
The property is contiguous with residential uses and activities with similar densities to the west and southeast.
The current and proposed designations of the adjacent and the proposed properties are R4.5, R7 & R12 all
of which are compatible adjacencies as shown in the Comprehensive Plan.
The proposed project areas will not adversely affect any natural open areas as there are none at the
proposed site or adjacent to these properties. The existing properties are currently developed, albeit very
low density, and therefore development of the properties will be less impa ctful compared to raw
undeveloped land.
There is still a very strong and continuing need for housing in the Portland metro especially affordable
housing and outdoor space for families within city limits. The proposed zone change will add much needed
family housing within the city limits with access to a multitude of public transit and service options.
The proposed zone change is part one of an overall goal of buildable single -family homes. The proposed
R7 designation would be developed, and can be, to comply with all applicable zone code re quirements.
As part of the preapplication process, City of Tigard Engineering reviewed our potential preliminary
subdivision plans, see preapplication notes attached. It was noted that there would be adequate public
SW 95th Zone Change; Application Compliance R7 PAGE 13 OF 19
utilities available to the site, based on R1 density, with some potential upgrades and adjustments. 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.
GOAL 3 – AGRICULTURAL LAND: Only land that lies outside Urban Growth Boundaries can be classified as
agricultural.
COMPLIANCE: The proposed lots are within the City of Tigard and currently zoned R4.5, residential. I ncreased
density within the city limits will slow expansion outside of the urban growth boundary thus reducing the
conversion and/or loss rural agricultural land.
GOAL 4 – FOREST LAND:
To conserve forest lands by maintaining the forest land base, and to protect the state’s forest economy by
making possible economically efficient forest practices that assure the continuous growing and harvesting of
forest tree species as the leading use of forest land and, consistent with sound management of soil, air,
water, and fish and wildlife resources, and to provide for recreational opportunities and agriculture.
COMPLIANCE: Not applicable, the properties were not designated forest land at the time of adoption of this
goal.
GOAL 5 – NATURAL RESOURCES, AREAS, AND OPEN SPACES: To protect natural resources and conserve
scenic and historic areas and open spaces.
5.1 Protect natural resources and the environmental and ecological functions they prov ide and, to the
extent feasible, restore natural resources to create naturally functioning systems and high levels of
biodiversity.
5.2 Promote the preservation and protection of historically and culturally significant resources.
COMPLIANCE: The proposed area of zone change has no known natural resources within their boundaries.
Increased density on existing developed land reduces the pressure on development in or around natural
resources.
GOAL 6 – ENVIRONMENTAL QUALITY: To maintain and improve the quality of the air, water, and land
resources of the state.
6.1 Reduce air pollution and improve air quality in the community and region.
6.2 Ensure land use activities protect and enhance the community’s water quality.
6.3 Reduce the amount of solid waste entering landfills.
COMPLIANCE: Increasing density of existing under developed land in areas with plentiful services, such as
mass transit, and connectivity like bike paths & sidewalk promotes the use of such services thus reducing air
pollution.
Storm water issues were noted, as part of our preapplication conference, at both ends of the properties.
The adjacent properties on the easterly side have consistent flooding at the termination of SW Tangela Street
due to grading and clogged piping. The westerly side of the property has a series of underground and over
land channels for storm water management.
As part of the future development of these properties, SW Tangela Street will be extended to SW 95th. The
street termination, prone to flooding, will be graded to transition to this extension. This will improve the storm
water management of the street system in this area thus improving downstream quality.
SW 95th Zone Change; Application Compliance R7 PAGE 14 OF 19
As part of the future development, the subject properties will be required to hold and improve the quality of
the storm water before being release to the system. This will also improve the quality of the downstream
environment.
GOAL 7 – HAZARDS: To protect people and property from natural hazards.
7.1 Protect people and property from food, landslide, earthquake, wildfire, and severe weather hazards.
7.2 Protect people and property from non-natural hazardous occurrences.
COMPLIANCE: The subject properties are not heavy sloped, i.e. >25%, and thus not prone to landslides.
Residential units, as part of the future development, will be wood framed and meet all current seismic
codes.
GOAL 8 – RECREATIONAL NEEDS: To satisfy the recreational needs of the citizens of the state and visitors and,
where appropriate, to provide for the siting of recreational facilities, including destination resorts.
8.1 Provide a wide variety of high quality park and open spaces for all residents, including both:
A. developed areas with facilities for active recreation; and
B. undeveloped areas for nature-oriented recreation and the protection and enhancement of
valuable natural resources within the parks and open space system.
8.2 Create a Citywide network of interconnected on- and off-road pedestrian and bicycle trails.
8.3 Provide Tigard residents with access to a broad range of recreational, cultural, and educational
activities.
COMPLIANCE: The subject properties are near higher density commercial areas and street systems. The
proposed increase in density in this area will enhance the existing medium density buffer zone between
these higher density areas / street systems (north and east) and the lower density residential & recreational
areas (south and west).
Increasing density in existing developed areas as well as providing density buffers improves the quality of the
recreational areas as well as providing an increased tax base for further improvements to existing facilities as
well as creation of new areas.
GOAL 9 – ECONOMIC DEVELOPMENT: To provide adequate opportunities throughout the state for a variety
of economic activities vital to the health, welfare, and prosperity of Oregon’s citizens.
9.1 Develop and maintain a strong, diversified, and sustainable local economy.
9.2 Make Tigard a center and incubator for innovative businesses, including those that focus on
environmental sustainability.
9.3 Make Tigard a prosperous and desirable place to live and do business.
COMPLIANCE: While this zone change will not include commercial uses, the future development of these
properties will provide improved connectivity, enhance the medium density buffer between
commercial/dense areas and the lower density sections of the city.
Increasing the density in this existing developed area will provide additional housing units while relieving the
pressure of developing lower density residential and recreational areas of the city to meet future needs.
GOAL 10 – HOUSING: To provide for the housing needs of citizens of the state.
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.
10.2 Maintain a high level of residential livability.
SW 95th Zone Change; Application Compliance R7 PAGE 15 OF 19
COMPLIANCE: The proposed increase in housing density will provide more affordable housing through
economies of scale. 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. Providing more units on the same amount of land reduces the
economic burden of the fixed development costs which can be used to lower the overall cost of the
homes. The R7’s 5,000 sf lot size provides for ample outdoor area for each home while providing the
possibility of more starter level home lots.
GOAL 11 – PUBLIC FACILITIES AND SERVICES: To plan and develop a timely, orderly, and efficient
arrangement of public facilities and services to serve as a framework for urban and rural development.
11.1 Develop and maintain a storm water system that protects development, water resources, and
wildlife habitat.
11.2 Secure a reliable, high quality, water supply to meet the existing and
future needs of the community.
11.3 Develop and maintain a wastewater collection system that meets the
existing and future needs of the community.
11.4 Maintain adequate public facilities and services to meet the health, safety,
education, and leisure needs of all Tigard residents.
11.5 Private utilities provide the needed energy and communication services
for the community.
COMPLIANCE: As noted in Goal 6, Environmental Quality, the development of these properties will include
improvements to the storm management system in the area. Extension of SW Tangela Street to SW 95 th will
also allow a potential looping, as coordinated with Public Works, of underground utilities providing
redundancy within the system during maintenance and localized failures.
GOAL 12 – TRANSPORTATION: To provide and encourage a safe, convenient, and economic transportation
system.
12.1 Develop mutually supportive land use and transportation plans to enhance the livability of the
community.
12.2 Develop and maintain a transportation system for the efficient movement of people and goods.
12.3 Provide an accessible, multi-modal transportation system that meets the
mobility needs of the community.
12.4 Maintain and improve transportation system safety.
12.5 Coordinate planning, development, operation, and maintenance of the
transportation system with appropriate agencies.
12.6 Fund an equitable, balanced, and sustainable transportation system that
promotes the well-being of the community.
COMPLIANCE: The properties are within a short distance , nine tenths of a mile, of several transit lines
including Tigard Transit Center, which boasts numerous bus lines including a connection to the WES
Commuter rail. The proposed project will include a dedicated right-of-way for extending SW Tangela Street
to SW 95th, including sidewalks, which will also improve the local transportation network.
GOAL 13 – ENERGY CONSERVATION: Land and uses developed on the land shall be managed and
controlled so as to maximize the conservation of all forms of energy, based on sound economic principles.
13.1 Reduce energy consumption.
COMPLIANCE: The proposed zone change will eventually be developed into medium density housing. The
housing will be newly constructed and meet all current energy codes at the time of construction.
SW 95th Zone Change; Application Compliance R7 PAGE 16 OF 19
As noted in Goal 12, the properties are within a mile of numerous mass transit connections. Once
developed the area will have improved streets and sidewalks which will help promote use of mass transit, as
well as other lower energy consumption modes of travel.
GOAL 14 – URBANIZATION: To provide for an orderly and efficient transition from rural to urban land use, to
accommodate urban population and urban employment inside urban growth boundaries, to ensure
efficient use of land, and to provide for livable communities.
14.1. Provide and/or coordinate the full range of urban level services to lands and citizens within the Tigard
City limits.
14.2. Implement the Tigard Urban Services Agreement through all reasonable and necessary steps,
including the appropriate annexation of unincorporated properties.
14.3. Promote Tigard citizens’ interests in urban growth boundary expansion and other regional and state
growth management decision.
COMPLIANCE: The proposed Increase in density, i.e. R4.5 to R7, of these existing properties with the City of
Tigard while not as substantial as R12 will provide an efficient, as well as orderly, way to accommodate
increased populations while reducing the need to annex properties to the City’s inventory or transition rural
lands.
This also has the added benefit of keeping urban services concentrated in higher use corridors, i.e. 99W,
increasing usage of existing services. Increasing capacity of existing urban services is generally less
expensive and timelier than creation and/or expansion of services in lower density rural or remote areas.
GOAL 15 – SPECIAL DISTRICT: Areas identified as needing additional planning attention due to their unique
circumstances and value to the community.
15.1 The City will promote the creation of a vibrant and active urban village at the heart of the
community that is pedestrian oriented, accessible by many modes of transportation, recognizes
natural resources as an asset, and features a combination of uses that enable people to live, work,
play, and shop in an environment that is uniquely Tigard.
15.2 Facilitate the development of an urban village.
15.3 Develop and Improve the Open Space System and Integrate Natural Features into downtown.
15.4 Develop comprehensive street and circulation improvements for pedestrians, automobiles, bicycles,
and transit.
COMPLIANCE: The proposed area is not within any specific special districts. However, the proposed
development will enhance the existing street linkages through the extension of SW Tangela Street to SW 95th.
In addition, pedestrian linkages will be improved through si dewalks and rights-of-way on the same street
extension as well as along the properties SW 95th frontage.
QUASI-JUDICIAL AMENDMENTS: A recommendation or decision for a quasi-judicial zoning map amendment
or quasi-judicial comprehensive plan amendment shall be based on the following:
a. Demonstration of compliance with all applicable comprehensive plan policies and map
designations; and
b. 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.
SW 95th Zone Change; Application Compliance R7 PAGE 17 OF 19
COMPLIANCE: As described in above text, we have demonstrated that the proposed can and does comply
with all comprehensive plan policies. As described in Goal 2.1 Policy 15, based on the preliminary
engineering review there are some modifications needed for the proposed density but the modifications are
possible as part of the eventual development of the properties.
SW 95th Zone Change; Application Compliance R7 PAGE 18 OF 19
18.110 – Residential Zones
REQUIRES: 18.110.020; The R-7 zone is designed to accommodate attached single-family
homes, detached single-family homes with or without accessory residential 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 also permitted outright. Some civic and institutional uses are also permit ted
conditionally.
Table 18.110.3; Residential Zone Development Standards
Standard R-4.5 (existing) R-7 (proposed)
Minimum Lot Size;
Detached Unit
Duplexes
7,000 sf
10,000 sf
5,000 sf
10,000 sf
Minimum Lot Width;
Detached Unit
Duplexes
50 ft
90 ft
50 ft
50 ft
Minimum Setbacks;
Front Yard
Side Facing Street on Corner
Side Yard
Rear Yard
20 ft
15 ft
5 ft
15 ft
Single
15 ft
10 ft
5 ft
15 ft
Maximum Height 30 ft 35 ft
Maximum Lot Coverage None 80%
Minimum Landscape Requirement None 20%
Minimum Residential Density Requirement 80% of max density 80% of max density
Maximum Residential Density 4.5 unit/acre 7 unit/acre
COMPLIANCE: As part of a future subdivision land use process, the proposed lots would need to meet the
following requirements.
Proposed site area, after street ROW, is approximately 51,582 sf.
Maximum number of lots 10; [51,582 / 5,000 sf = 10.32]
Minimum number of lots 8; [10 x 0.8]
SW 95th Zone Change; Application Compliance R7 PAGE 19 OF 19
18.310 – Off-street Parking and Loading
REQUIRES:
18.310.01 A; Ensure adequate vehicle parking. These parking requirements are intended to provide
sufficient vehicle parking in close proximity to the various uses for residents, customers and employees, and
to establish standards that will maintain the traffic carrying-capacity of nearby streets.
18.310.030 - General Provisions
A. New construction. At the time of the erection of a new structure wi thin any base zone, off-street vehicle
parking will be provided in compliance with Section 18.310.070.
B. Location of vehicle parking. The location of off-street parking will be as follows:
1. Off-street parking spaces for single-family and duplex dwellings and single-family attached dwellings shall
be located on the same lot as the dwelling(s) it serves.
18.310.040 – General Design Standards
B. Access drives. With regard to access to public streets from off -street parking:
5. Access drives shall be improved with an asphalt, concrete, or pervious paving surface. Any pervious
paving surface shall be designed and maint ained to remain well-drained; and
COMPLIANCE: As part of a future subdivision land use process, the proposed lots would need to meet the
following requirements for the intended single family detached homes.
One (1) Off-street parking space per dwelling unit.
On-street parking will be assumed to be required and provided to the greatest extent possible based on the
50 feet dedicated right-of-way.
END OF R7 COMPLIANCE NARRATIVE
NOTICE OF NEIGHBORHOOD MEETING
_____________________________________________________________________________________
April 23, 2018
RE: SW 95th Zone Change
Dear Interested Party:
Infinite Architecture is representing the owner of the properties located at 11700 & 11730 SW
95th [tax map lots - 1S135DC3600, 1S135DC3700, & 1S135DC3800]. We are considering
proposing a zone change at this location, current zone R4.5 to zone R12.
Prior to applying to the City of Tigard for the necessary land use approvals, I would like to
discuss the proposal in more detail with the surrounding property owners and residents. You
are invited to attend a meeting on:
Friday, May 11, 2018
Tualatin Valley Fire & Rescue – Station #50
Community Room
12617 SW Walnut Street
Tigard, OR 97223
Doors open at 6:00 pm with presentation at 6:30 pm.
Please notice this will be an informational meeting on preliminary plans. These plans may be
altered prior to the submittal of the application to the city.
I look forward to more specifically discussing the proposal with you. Please call me at (503)
989-2992 if you have any questions.
Sincerely,
Brian T Cobb
Principal, Infinite Architecture
SUBJECT PROPERTIES
11700 & 11730 SW 95th Avenue
INFINITE ARCHITECTURE
PO BOX 664
Donald, Oregon 97020
503.989.2992
infinitearchitecture@wbcable.net
SW 95th Zone Change; Neighborhood Mtg Minutes PAGE 1 OF 3
July 1, 2018
Meeting Date 11 May 2018
Project Name SW 95th Zone Change
Project Number 2008-03
Meeting Number Neighborhood 01
Purpose Required Neighborhood Meeting
Location 12617 SW Walnut Street, Tigard, OR 97223
To the best of our knowledge, this is an accurate summary of the discussions that occurred during this
meeting.
Meeting Start Time; 6:30pm
Presentation; Brian Cobb (BC) of Infinite Architecture read the required statement.
BC then summarize the proposed application.
1) We noted that the three properties were being proposed to be changed from R4.5 to a R12 zone.
Residential zones with R12 being a higher density, i.e. 12 units per acres instead of 4.5.
2) We explained that the properties are abutting a R-7 zone to the east & south of the property. We
acknowledged that while this is technically a spot zone, as it isn’t directly connected to an existing R-12
zone, that there is a large section of R-12 zone existing to the northwest approximately 500 ft. away.
3) We also noted the proposal would eventually include extending SW Tangela Street to SW 95 th providing
new street connectivity with a 50-ft. right-of-way.
Discussion;
Citizen Concerns & Comments
1) Concerns with spot zoning issue and Comp Plan not reflecting this area being changed.
Response:> Yes, this set of properties would technically be a “spot” zone for now. However, within 500
feet of these properties, there are numerous other zones making this entire 1/2-mile area a series of
spot zones.
Our approach is to plan further ahead and develop the land as R12 . There is R12 within 500 feet of this
area. While the Comprehensive Plan may not show any planned changes in this area we believe
given the multitude of different zones in the area
As the properties in this application are greatly underdeveloped, i.e. only have one structure a piece,
developing these for further integration with the higher density R12, and skip R-7, would make more
sense as its easier to develop in higher densities now then wait until there are 5 -10 structures needed to
be redeveloped.
SW 95th Zone Change; Neighborhood Mtg Minutes PAGE 2 OF 3
2) How does it benefit the existing neighbors?
Response:> The owner has improved these lots through fencing and renovation already so the
neighbors are aware and acknowledged the improvements. Owner now wants to start this process to
further improve the character of the neighborhood through quality single family homes, street
connectivity, and tax revenue. Development will include storm water quality and flow management
alleviating some of the existing known issues.
3) What prevents changing your mind and constructing multi-family development.
Response:> Owner is not interested in multifamily or duplex housing; the intent is creating nice single-
family homes that are affordable and improve the area. In order to accomplish this, we are requesting
a reduction in the minimum lot size in order to increase the number of potential units. Thi s creates an
economy of scale to offset the street dedication as well as the area required for on -site water quality
management.
4) Willing to condition the approval for no multi-family?
Response:> Yes
5) What’s to prevents someone with less intentions coming in and doing a similar rezone. Some concern
about R7 to south and setting a precedent for their density increase and not being able to control their
quality and outcome.
Response:> Nothing can be directly done to prevent another’s application. However, like this
application there are multiple opportunities for public comment , i.e. at the neighborhood meetings,
planning commission meeting, as well as the City council meeting. In addition to this Zone Change
application we, as would other properties, will also be required to submit a Subdivision application and
that process also has multiple comment and review periods as well.
6) What is Subdivision Approval? What does it entail?
Response:> A subdivision is another process in which we apply to have the properties divide in to
buildable lots. There is a significant amount of additional information, research, and drawings that are
produced for this part of the process. This includes surveying of the lots and their intended break down,
research and design of the street & utilities, and things of that nature. Part of the approval of this
process also includes multiple public comment and review opportunities.
7) What about parking? And traffic increases?
Response:> Parking will be dealt with as part of the subdivision process. However, off street parking is
required, one per residential unit. We anticipate providing at least the one spot off street, i.e. in the
driveway, plus one in a garage possibly two where tandem parking is possible. On street parking will be
provided to the greatest extent possible while meeting the City of Tigard street standards and
requirements.
8) What about sidewalks on 95th and other streets?
Response:> Sidewalks will be a part of the subdivision approval and be provided along the new street
dedication as well as along the SW 95th frontage of the subject properties. These properties are
beyond the distance that would require Owner to extend the sidewalks beyond our property onto other
properties. Furthermore, Owner wouldn’t want to take people’s land to put in a sidewalk without them
wanting it as the cost of maintenance is typically put onto the owner of the property it is located.
9) Timeline?
Response:> The Zone Change and Subdivision process could take about a year to complete at which
point building permits for the homes can be submitted. Long term timeline is approximately 2 to 3
years to complete construction.
SW 95th Zone Change; Neighborhood Mtg Minutes PAGE 3 OF 3
10) Will these be rented or sold?
Response:> Not sure yet. Owner’s preference is to sell over owning them all and renting them out.
Owner wants people in there that care about the area, like what Drew (Owner) did with the existing
properties.
11) Why shoot for R-12 in lieu of R-7 when the property is contiguous with R-7 and would provide additional
lots without being a spot zone?
Response:> Future casting and the need for flexibility. We want something better for area. With the
increased potential lot count, it would allow for other things such as a larger open area fo r activity other
than just water management, flexibility on home style, size, and layout, etc.
General Comments;
CITIZENS;
1) Sharing the community is important, We moved here a quieter less crowded area.
2) Park and open community is important.
OWNER;
1) I have improved the existing structure to be a quality single family home. I have put up fencing and
screening to improve the area around the salvage yard. I care about the area, my daughter is living in
the house, and want to come to improve the character .
2) I am not intending to build cookie cutter housing. I want upgraded nice homes the blend well but are
more unique. Blending into the neighborhood is important. I don’t want something crappy.
3) I want to address the concerns and build something nice.
4) Parking and overflow will the reviewed as we don’t want any issues in the neighborhood either.
5) A small open space for community use is worth looking into. However, it will depend on density and
standards approved under this application.
6) We want to keep it nice, maintain good traffic flow without parking problems and overlap.
7) The street extension will complete what the city intended, i.e. extending SW Tangela Street to SW 95th.
SW Tangela currently ends in a dead end, i.e. no cul de sac, and is prone to flooding and other issues.
Eventually, as part of future phases of this project, we will be dedicating a 50-ft. right-of-way for the
extension of SW Tangela Street to SW 95th. This connection will include street parking, trees, and
sidewalks.
Project Representatives; Architect – Brian Cobb
Owner – Drew Jones
Owner Rep – Joe Green Jr
End Time 7:30 pm
Recorded By Brian Cobb
END OF MINUTES
DATE:
SCALE:
PROJ. NO.:DWN BY:
INFINITE
P.O. Box 664
Donald, OR 97020
(b) 503.989.2992
(f) 503.776.9013
ARCHITECTURE
REFERENCE DRAWING:
2018-02 BTC
05/10/18
A1SITE DIAGRAM
SW 95TH REPLAT
11700 & 11730 SW 95TH
TIGARD, OR 97223
APPROX MINIMUM
LOT SIZE
SIMILAR SIZE LOTS & DENSITY
SITE
R7
R4.5
R25
DATE:
SCALE:
PROJ. NO.:DWN BY:
INFINITE
P.O. Box 664
Donald, OR 97020
(b) 503.989.2992
(f) 503.776.9013
ARCHITECTURE
REFERENCE DRAWING:
2018-02 btc
07/09/18
A1COMPREHENSIVE MAP
SW 95TH REPLAT
11700 & 11730 SW 95TH
TIGARD, OR 97223 HALLBLVD72ND AVEGREENBURGRDB O N I TA RD
S C H O L L S F E R R Y R D
BANGYRDW A L N U T S T
N R D TIEDEMANAVEGAA R D E S T DARTMOUTH S TMURRAY BLVD62ND AVE62N
DDRB
U
R
N
H
A
M
STOLESONRD135TH AVEHUNZIKER RD125TH AVELESSERRD121STAVEM C D O N A LD ST
BR O C K M AN ST
217
99W
5
CP
OS
L
IL
M
IL
MH
OS
OS
OS
CP
CC
PI
ML M
MUR -1
MUC
IH
L
L
TMU
L
M
MH
L
MUE-2
CN
CG
MUE
M
IL
MH
MUE-1
CG
MUR-2
M
H
MH
CG
CP
CP
MU-CBD
M
MUE
MH L
PI
0 0.50.25 Mi les
S c a le
C o m p r e h e n sive Plan
City of Tig ard, OregonEffective 12/14/17
5TH AVELo w De n s i ty Residential
Med ium D e ns it y Residential
Med ium -High D e n sity Residential
H ig h De n s i ty Residential
Mix ed Us e Residential 1
n ation
R-1, R-2, R-3.5, & R-4.5
R-7 & R-12
R-25
R-40
R-12
R-7
R-4.5
R-25
1/4"
MILE
EXHIBIT
DATE:
SCALE:
PROJ. NO.:DWN BY:
INFINITE
P.O. Box 664
Donald, OR 97020
(b) 503.989.2992
(f) 503.776.9013
ARCHITECTURE
REFERENCE DRAWING:
2018-02 BTC
07/07/18
A2PROJECT AREA ZONING
SW 95TH REPLAT
11700 & 11730 SW 95TH
TIGARD, OR 97223
1/4" MILE RADUIS FROM
PROPERTY CENTER
~500 FT RADIUS FROM
PROPERTY CORNER
EXHIBIT07/09/18
August 9, 2018
Brian Cobb
Infinite Architecture
PO Box 664
Donald, OR 97020
Project: 95th Avenue Comp Plan Amendment and Zone Change
Site: 11700 & 11730 SW 95th Avenue
Land Use Files: CPA2018-00003/ZON2018-00004
Dear Mr. Cobb:
The city received your application on July 9, 2018 for a comprehensive plan amendment, zone
change from Low Density R-4.5 to Medium Density R-12. Staff evaluated the application for
completeness against Tigard’s submittal requirements and determined that additional information is
required.
I. Completeness Items
The following item must be submitted in order for your applications to be deemed complete:
1. Narrative. The narrative partially addresses the applicable Comprehensive Plan policies.
Please revise your narrative findings to fully address both approval criteria listed below for
Quasi-Judicial 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.
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:
1. Demonstration of compliance with all applicable comprehensive plan policies and map
designations; and
In addition the Goals and Policies already addressed, please provide additional findings for:
Goal 2.1, Policy 14.
Determination of Completeness Page 2
Land Use File CPA2018-00003
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.
Goal 2.1, 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;
B. Development of land uses allowed by the new designation shall not negatively affect existing or
planned transportation or other public facilities and services;
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;
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;
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;
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
G. Demonstration that the amendment does not detract from the viability of the City’s natural
systems.
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 narrative does not address Approval Criteria 2. If you have questions regarding existing public
facilities and their capacity to serve the proposed R-12 density, please contact Khoi Le,
Development Review Engineer, at 503-718-2440.
II. Re-submittal Requirements
Submit all of the following items concurrently. Once the narrative has been revised to address
applicable requirements and policies, then resubmit with the following:
1. A copy of this letter.
2. A letter addressing how each completeness items have been addressed, including a
description of the revisions and their specific locations, e.g. page and/or plan set numbers. A
thorough and detailed letter will facilitate staff’s review of your application in a timely
manner.
3. Seventeen (17) copies of your revised and new materials (including all elements of the
submittal, collated and bound). Plan sets may be printed at 11” x 17.” Also, submit one
copy at 8 1/2” x 11” for our records.
4. One (1) compact discs containing all elements of your proposal. All plans must be formatted
to a 300dpi.
5. Completed “Request for 500’ Property Owner Notification” and receipt of payment.
Determination of Completeness Page 3
Land Use File CPA2018-00003
If you have any questions, please contact me at 503-718-2434 or garyp@tigard-or.gov.
Sincerely,
Gary Pagenstecher, AICP CUD
Project Planner
Copy: File: CPA2018-00003
INFINITE ARCHITECTURE
PO BOX 664
Donald, Oregon 97020
503.989.2992
infinitearchitecture@wbcable.net
SW 95th Zone Change; Written Summary of Proposal PAGE 1 OF 3
September 17, 2018
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Project Information; CPA2018-00003/ZON2018-00004
Address – 11700 & 11730 SW 95th, Tigard, OR
Assessor/Lot – 1S135DC03600, 03700, & 03800. [Fir Dale Lots 7, 8, & 9]
Dear Mr. Pagenstecher;
The following is our response to your completeness items and where in the submitted documents
you may find the revised information. We feel that we have addressed all the items and look
forward to moving ahead with the City of Tigard on this zone change.
Summary of Proposal;
I. Completeness Items
The following item must be submitted in order for your applications to be deemed complete:
1. Narrative. The narrative partially addresses the applicable Comprehensive Plan policies. Please
revise your narrative findings to fully address both approval criteria listed below for Quasi-Judicial
Amendments.
➢ IA response; See below for individual responses to the areas requiring additional information.
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.
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:
1. Demonstration of compliance with all applicable comprehensive plan policies and map
designations; and
In addition the Goals and Policies already addressed, please provide additional findings for:
SW 95th Zone Change; Response to Completeness PAGE 2 OF 3
Goal 2.1, 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.
➢ IA response; We added a narrative for Goal 2.1 Policy 14 in Section 2. We have stated that we
understand that the Owner, and their representatives, bear the burden of proof of compliance and
that we believe, to the best of our abilities, the submitted documents are fully compliant with City
of Tigard codes. We have added this statement in both the R12 compliance narrative, page 4 of
Section 2, and the R7 compliance narrative, page 12 of Section 2.
Goal 2.1, 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; B. Development of land uses
allowed by the new designation shall not negatively affect existing or planned transportation or other
public facilities and services;
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;
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;
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; 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
G. Demonstration that the amendment does not detract from the viability of the City’s natural systems.
➢ IA response; We added a narrative for Goal 2.1 Policy 15 in Section 2. We added the summary
of each sub-goal and provided our response in one statement covering all goals within Policy 15.
We have added this narrative in both the R12 compliance narrative, page 4-5 of Section 2, and the
R7 compliance narrative, page 12-13 of Section 2.
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 narrative does not address Approval Criteria 2. If you have questions regarding existing public
facilities and their capacity to serve the proposed R-12 density, please contact Khoi Le, Development
Review Engineer, at 503-718-2440.
➢ IA response; We added compliance information toward the end of Section 2 for the two criteria
in listed in Quasi-Judicial Amendments requirements. While the substance of the response is
within the narrative response describing each goal, 1 – 15, we added a statement to note this as
well as a short summary regarding adequate services. We have added this narrative in both the
R12 compliance narrative, page 8 of Section 2, and the R7 compliance narrative, page 16-17 of
Section 2.
SW 95th Zone Change; Response to Completeness PAGE 3 OF 3
Note that the length of the Section 2 narratives increased so the Table of Contents was adjusted to show the
correct page numbering. Similarly, the Summary of Proposal was modified to show the correct number of
total pages and the date was changed to distinguish the document from the previous submittal .
We appreciate your time and effort as well as your consideration of this proposal. If you have any questions
or need further documents, please contact me at (503) 989 -2992 or infinitearchitecture@wbcable.net
Sincerely;
Brian T Cobb
Principal
CC:File.
City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 1
I:\Community Development\Land Use Applications\02_Forms and Templates\Land Use Applications\Property Owner Notification Rev. 20171219
City of Tigard
COMMUNITY DEVELOPMENT DEPARTMENT
Request for 500' Property Owner Notification
Submit the completed form to the staff planner you are working with.
Request forms are valid for three (3) months after the date processed.
Staff planner you are working with:
Project name:
Company name:
Contact person:
Phone: Email:
For EACH project parcel, list the map and tax lot number (12 alphanumeric characters, i.e. 1S134AB00100):
REQUEST FOR (only check one):
Includes property owners within 500 feet and citywide interested parties
NEIGHBORHOOD MEETING LABELS
NOTIFICATION – ENVELOPES
Land use case number:
Type II – TWO sets of envelopes
Type III or Legislative – one set of envelopes
FOR STAFF USE ONLY FOR STAFF USE ONLY
# of sheets @ $2.50/ea $ Recipients: @ $0.25/ea sets $
Generate list – – $11.00 Generate list: – – – $11.00
SUBTOTAL: $
Postage: @ $0.50/ea sets $
TOTAL: $
TOTAL: $
13125 SW Hall Blvd., Tigard OR 97223
503.639.4171
CITY OF TIGARD RECEIPT
Project Name:SW 95th Zone Change
11700 SW 95TH AVESite Address:
Receipt Number: 419443 - 09/14/2018
FEE DESCRIPTION PAIDREVENUE ACCOUNT NUMBERCASE NO.
100-0000-45319Postage (Land Use Applications)CPA2018-00003 $136.00
100-0000-45319General Misc. (sys admin use only)CPA2018-00003 $79.00
PAYMENT METHOD CHECK #RECEIPT DATE RECEIPT AMTCC AUTH. CODE CASHIER IDACCT ID
Credit Card 09/14/2018 $215.00
Andrew JonesPayor:
00239C PUBLICUSER0
Total Payments:$215.00
$0.00 Balance Due:
Total:$215.00
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