11/21/2016 - PacketPLANNING COMMISSION AGENDA – November 21, 2016
City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 of 1
City of Tigard
Planning Commission Agenda
MEETING DATE: November 21, 2016 - 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.
TOPPING C-P TO R-12 COMPREHENSIVE PLAN AMENDMENT/ ZONE CHANGE WITH
PLANNED DEVELOPMENT REVIEW (CPA)2016-00002; Zone Change (ZON)2016-00001;
(PDR)2016-0012
REQUEST: The applicant requests approval of a Comprehensive Plan Designation and Zoning Map
Amendment from Professional Commercial, C-P, to Medium Density Residential, R-12, and a Planned
Development Review for a Concept Plan only on a three-parcel property totaling 1.54 acres. The proposed
concept plan shows 18 single-family detached homes with approximately 23 percent of the site in open
space, a portion of which is located at the corner of SW Spruce Street and SW 72nd Avenue.
LOCATION: 7303 SW Spruce St., 10705 SW 72nd Ave., 10735 SW 72nd Ave; TAX MAP/ LOT #’s:
1S136AC02200, 1S136AC02400, 1S136AC02500; ZONE: Existing: Professional Commercial (C-P);
Proposed: Medium Density Residential (R-12); APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.350, 18.380.030, and 18.390.050; Comprehensive Plan Goals 1, 2, 10;
Statewide Planning Goals 1, 2, 10; and Metro’s Urban Growth Management Functional Plan Titles 1, 7,
and 12.
6. OTHER BUSINESS 8:35 p.m.
7. ADJOURNMENT 8:45 p.m.
November 21, 2016 Page 1 of 9
CITY OF TIGARD
PLANNING COMMISSION
Meeting Minutes
November 21, 2016
CALL TO ORDER
President Fitzgerald called the meeting to order at 7:00 p.m. The meeting was held in the Tigard
Civic Center, Town Hall, at 13125 SW Hall Blvd.
ROLL CALL
Present: President Fitzgerald
Alt. Commissioner Enloe
Commissioner Hu
Commissioner Lieuallen
Commissioner McDowell
Commissioner Middaugh
Alt. Commissioner Mooney
Commissioner Muldoon
Commissioner Schmidt
Absent: Vice President Feeney; Commissioner Jelinek
Staff Present: Tom McGuire, Assistant CD Director; Gary Pagenstecher, Associate
Planner; Doreen Laughlin, Executive Assistant
COMMUNICATIONS – None.
CONSIDER MINUTES
November 14, 2016 Meeting Minutes: President Fitzgerald asked if there were any additions,
deletions, or corrections to the November 14 minutes; there being none, Fitzgerald declared the
minutes approved as submitted.
OPEN PUBLIC HEARING -
President Fitzgerald opened the hearing.
PUBLIC HEARING
TOPPING C-P TO R-12 COMPREHENSIVE PLAN AMENDMENT/ ZONE
CHANGE WITH PLANNED DEVELOPMENT REVIEW (CPA)2016-00002; Zone
Change (ZON)2016-00001; (PDR)2016-0012
REQUEST: The applicant requests approval of a Comprehensive Plan Designation and
Zoning Map Amendment from Professional Commercial, C-P, to Medium Density Residential,
R-12, and a Planned Development Review for a Concept Plan only on a three-parcel property
totaling 1.54 acres. The proposed concept plan shows 18 single -family detached homes with
approximately 23 percent of the site in open space, a portion of which is located at the corner of
November 21, 2016 Page 2 of 9
SW Spruce Street and SW 72nd Avenue. LOCATION: 7303 SW Spruce St., 10705 SW 72nd
Ave., 10735 SW 72nd Ave; TAX MAP/ LOT #’s: 1S136AC02200, 1S136AC02400,
1S136AC02500; ZONE: Existing: Professional Commercial (C-P); Proposed: Medium Density
Residential (R-12); APPLICABLE REVIEW CRITERIA: Community Development Code
Chapters 18.350, 18.380.030, and 18.390.050; Comprehensive Plan Goals 1, 2, 10; Statewide
Planning Goals 1, 2, 10; and Metro’s Urban Growth Management Functional Plan Titles 1, 7,
and 12.
QUASI-JUDICIAL HEARING STATEMENTS
President Fitzgerald 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 noted that Mr. Long
proposed adding these properties to the Urban Renewal District a year earlier. Site visitations:
Commissioners Fitzgerald, Hu, and Middaugh. No one wished to challenge the jurisdiction of
the commission.
STAFF REPORT
Staff reports are available on-line on the City website one week prior to public hearings.
Assistant Community Development Director Tom McGuire came up to give some information
and refresh the memories of the Planning Commission regarding this case. He noted that the
Commission had seen this a year prior involving two properties at that time. He said at the end
of that case, the Council decided to split the two apart and approve the zone change for that
which is now commercial property on 99W and they told the owner of this property – that if
they wish to see this zone change, to come back separately on their own; so that’s why this
review is here tonight. They’ve submitted an application on their own for the change that had
originally been proposed – which is from Commercial C-P to R-12.
Gary Pagenstecher, City of Tigard Associate Planner, referred to a hand-out that had been
distributed to the commissioners earlier in the evening. There was a letter from Holly Polivka
the Parks and Recreation Advisory Board (PRAB) chair (Exhibit A) commenting on the
suitability of the site for a park and emphasizing that there’s no money to actually follow
through with that at this time. Also, a letter from citizen Nancy Tracy including a petition
(Exhibit B) was distributed to them. Gary noted to the commissioners that the Planning
Commission will need to make two decisions tonight, the first one would be to consider the
Concept Plan and Zoning Amendment, and then consider the other - a Planned Development
Concept Plan. Gary noted the city supports the comp plan/zone change amendment because
the increase in R-12 zoned land supports affordable housing, has flexible housing; and is
locationally appropriate – to provide a screen between lower density, residential, and the
commercial areas to the north and south effectively; and it’s located on local and neighborhood
streets.
APPLICANT’S PRESENTATION
November 21, 2016 Page 3 of 9
Ken Sandblast, Director of Planning – Westlake Consultants, there on behalf of the applicant,
noted that there was a very extensive set of neighborhood meeting minutes subsequent to the
City Council hearings that were held on the original application package. It was well established
and Gary touched on a petition in some of the continuing efforts of some in that area. He noted
they’d talked at length about not just the zoning of the property but also their desire to have it as
a park, and they’ve continued to advocate for that exactly as they discussed when they had the
meeting - which is to participate in the system that the city has established through its PRAB
and budgeting processes. He noted they’d also spent a good deal of time talking about the
Planned Development Concept Plan – why they would do the concept plan, what the process is
– that this is only a step in the process; that there are additional public hearings that will occur
after the planned development concept plan is approved, assuming it is. There’s a detailed plan
and a land division and those kinds of things that are subsequently going to be done as part of
the public hearing process with all of those details – including pathways and some things that
aren’t detailed out on this concept. He explained to the commissioners why one would want to
present this PD and it’s not changed since then. He noted that meeting had lasted close to two
hours. He wanted to give that as context to let them know that they did make that commitment,
that they went out and had that dialogue – and that’s in the record.
.
Morgan Will, project manager, with Stafford Development company, spoke about the value of
R-12 and a project that can serve the different needs of the market. He said they build houses
that are large on large lots and medium on medium lots and small on small lots. In this particular
project is a development targeting the design of smaller lots with smaller houses to meet the
target for the market. The locations, close to major streets, close to other commercial tends to
be a great location for a higher density type smaller lot development. They feel this site is the
right site for this type of housing and they tried to display a concept plan that reflected that. He
noted that there had been several pre-application conferences with city staff as noted in the
record (three now). The previous concept plans were different. The lot orientation to how many
lots are focused towards the public street, “we’ve changed to increase the number of lots to put
more eyes on the street” and went on to explain the differences between the previous plans and
the changes that had been made to reflect comments of staff to orient the bulk of the open
space to the northwest and that is an area where the Oak tree is that we hope to preserve. He
noted the open space and the relationship of the developments – they’re trying to keep urban
but also have access to nature. He commented that developers are always in coordination with
property owners and their desire is to sell their property. He knows there’ve been a lot of
community members that have expressed interest. He was at the neighborhood meetings where
they talked about some of the ideas for the use of this property and they’ve been working
closely with the sellers (the Topping family) who would like to get this property sold and
developed. “We understand that there are some neighbors who would like to see this property
used for a different use – we’ve said we would be willing to sell our contract rights to develop it,
if anybody wanted to buy it. Since nobody’s come forward to buy it, we ask the Planning
Commission’s consideration of this proposal that we’re presenting today.”
Gordon Root, developer representing the applicant, came up and noted in the Housing
Preference Analysis and Needs study that was conducted last year, a broad sweeping housing
preference study sponsored by Metro, and many cities and other organizations, stated that the
number one desire of most people is to own a single family detached home. He said they found
November 21, 2016 Page 4 of 9
that with regard to town homes, only 7/10’s of 1% of the market prefer a town home and 90%
of those prefer a single family detached after 12 months of living there. So they’ve had to be
innovative as developers and come up with a single family detached product which is very
livable. Yes, it’s narrow but if you take your ranch style home and turn it sideways, that’s a very
narrow footprint. There’s plenty of room inside, it meets the needs, it has light, windows on all
four sides. It fills a need for people who can’t afford the higher priced homes on the larger lots
or simply don’t want the maintenance burden. He noted that residential development brings
trees to the overall community - and there’s no better example of that than the City of Tigard –
if you look at the before and after pictures – when it used to be cleared farmland versus now it’s
a tree canopy. We’ve incorporated the open space and preserved the trees as well. So I
encourage you to approve the application zone change.
QUESTIONS
What would be the price point for the attached home… you’re saying your sin gle family
detached homes are in the $350,000 - $375,000 range; what would be the price point of
the townhome style?
Townhomes in this area would probably run $339,000.
TESTIMONY IN FAVOR – None.
TESTIMONY IN OPPOSITION
Jim Long, 10730 SW 72nd, Tigard provided written testimony from neighbors who couldn’t
attend the hearing (Gay Wakeland, Exhibit C; N. Gibbons Exhibit D). Mr. Long noted that he
is the chair of CPO4M. He said he has testimony as chair of CPO4M and also testimony for
himself as a citizen and asked if he could have extra time (which he was granted.)
As CPO 4M Chair – he handed out written testimony on behalf of the CPO members - for the
record (Exhibit E). He noted the residents and CPO member attendees do not support
residential use, particularly R-12 and multi-story buildings, stating that R-12 zoning does not fit
the character of the neighborhood. They believe R-7 or R-5 makes more sense if the property
does not remain commercial zoning. They ask that the commission deny the applicant’s request
for a Comp Plan Amendment, Zone Change, and Planned Development Review, at this time.
QUESTIONS
Are you aware of any other funding source other than the city that would substantiate
the support for a park? No. We’ve been looking, we’ve checked – we’ve done other
jurisdictions, foundations, etc. We haven’t found anything. It’s a creative opportunity I think
that could be put to the voters and it would be very popular. But no – we haven’t found any
other big pockets of money.
ODOT’s study shows that traffic would go down if it’s zoned residential. Why do you
prefer this to be commercial rather than residential? If it’s professional, it will probably be
November 21, 2016 Page 5 of 9
less busy on weekends. I tend to disagree with ODOT’s study. It depends on what kind of
commercial it is.
Jim Long, 10730 SW 72nd Ave. 97223 as a private citizen read his testimony (Exhibit F). He
addressed citizen involvement and land use planning. Among other things, he said the public
notice signs are inadequate in that they’re hard to read and they blow down.
QUESTIONS OF MR. LONG
Are you a resident of Tigard? Yes.
What would it cost to purchase this property – where would that money come from? As
part of the creative financing I was looking at, part of the Urban Renewal Levy could go out for
acquisition of the property, plans for development and developing it.
How long do you think it would be before that money would be available to spend for a
park? I’m not sure – it depends upon the priorities that are set out. It depends upon voter
approval, come May.
So if we get voter approval in May, are you thinking that we have that money available in
12 months? 24 months? 5 years? I’m not sure.
So we would have to ask the people who own this property to not develop their property
for an unknown period of time before the city has the money available to purchase this
property – to make it a park. I like the park idea, but it’s hard for me to tell a property
owner to sit in limbo and not develop their property while we attempt to come up with a
funding source to begin to negotiate to purchase the property; that’s where I’m at. I
don’t think anyone disagrees that a park would be awesome – my fear is that it’s hard to
deny a person the use of their property. Is the preference here that we de ny the zone
change as more or less in hope that it delays development until that money becomes
available for a park? Is that what you’re hoping for in denying a zone change? Yes, to
some degree that’s true. You need to let this play out – get it to the City Council as far as the
Tigard Triangle Urban Renewal is concerned, and then let it play out and see how it works.
Good things take time.
Nancy Tracy 7310 SW Pine St., Tigard has been in this neighborhood for 54 years. She would
like the area to be preserved as a park using urban renewal funds. She read through her
testimony (Exhibit G) and said she believes the area is in danger of blight – blight being the
result of an area that lacks close access to outdoor recreation space.
After her testimony, President Fitzgerald stated for the record that Ms. Tracy also submitted a
full copy of the petition that was signed – it was also included in the applicant’s packet.
Robert Breckenridge – 7218 SW Oak St., Tigard (Unincorporated WaCo)- said the streets are
not lit well there. He’s very concerned about the streets becoming even more narrow and not
well lit. He’s concerned about safety; he’s had one dog hit on the street already. People speed by
his house at 35 to 40 mph in a 25 mph zone, and sometimes they run stop signs. More traffic
November 21, 2016 Page 6 of 9
coming through will make it an even worse situation. It’s becoming a thoroughfare when there’s
a problem on 99W or Hall – everyone comes through their neighborhoods now. Sometimes
they can’t get out of their own driveways. He knows you can’t stop progress, but safety is a real
issue here.
Christina Hanson - 10670 SW 75th Ave., Tigard feels the property should stay zoned as is or go
back to the original R4.5. Rezoning would alter the essential character of her neighborhood.
She believes it would negatively affect the surrounding neighborhood property values. She
doesn’t believe the area she lives in is in need of affordable housing since all the houses in the
area have sold at the asking price and most of them selling above the asking price. She wants a
plan suitable to all who live in the area – whether it be a park, a development, or a small
development along with the park. If it goes through – her concern is stormwater and rain runoff
into her backyard during the winter. She gets inches of standing water in her yard now. Also, she
doesn’t want the building heights to be too high.
STAFF’S COMMENTS
Gary Pagenstecher reminded the commissioners that the purposes of the PD include
considering weighing the amount of development on a site to balance interests of owner,
developer, neighbors, and the city; and relating the built environment to the natural
environment. He said the six Concept Plan approval criteria are guidelines, with discretion on
how the outcomes are achieved and even to what level of achievement is expected.
With respect to the comments that were brought up by Jim Long, Gary noted, “The application
is available online and in the office, and indeed Jim has been in the office – I’ve spoken to him
on more than one occasion about this, and specifically about the posting of the site and couldn’t
we work together to make sure that the sign was up at all times. Since Jim lives across the street,
I thought he would be someone who’d be aware of that and notify me if the sign were to come
down. He didn’t notify me about that so I was unaware that the sign was down.”
Gary stated that there’s some discretion the Planning Commission has so far as Criteria 6. He
reiterated, the approval criteria are guidelines, with discretion on how outcomes are achieved
and even to what level of achievement is expected. He spoke about open space, natural resource
protection, neighborhood integration, and promoting walkability and transit.
QUESTIONS
It seems that a lot of people on the petition are Metzger residents. I’m curious as to
what our relationship is between Metzger and Tigard. Could you elaborate on that
relationship? Broadly drawn, the Metzger area is within our urban services area. We expect to
provide services there in the long run. Similar areas out in the Bull Mountain area exist. So w e
have an interest that this be a well-designed neighborhood; even though WaCo standards apply
currently. Also – Mr. Breckenridge commented to me that he got a notice of this land use
hearing and wondered because he’s not a resident of Tigard – why he’d be getting that when he
didn’t get to vote in the Tigard election – but here he’s getting a land use notice. Our land use
notices are within a 500-foot diameter around the area – regardless of which jurisdiction they are
November 21, 2016 Page 7 of 9
in. That’s another way of saying we care about what happens in the unincorporated area – in our
urban services area that we expect someday will be ours to manage.
Tom McGuire, Assistant Community Development Director, explained further about urban
service areas. He explained in more detail the differences between the two areas – Metzger and
Tigard.
APPLICANT REBUTTAL
Morgan Will said he’d reviewed the letters and noted there was quite a bit of material
submitted by some opponents. He noted some of the information was duplicative and he
believes a lot has been already addressed by their application. There was concern about heavy
traffic and ODOT’s findings were that there will be less traffic with a residential development.
There was one testimony saying they weren’t sure they believed the findings. He said, “We often
have traffic engineers do studies for us and findings are based upon their professional opinions
and ethical requirements to represent the findings of their data. So, I want to say for the record
that sometimes we have applications where they show there is a need for a new stop sign, or
striping, etc. so it goes both ways. In this case, there’s a finding that there’s less traffic. That has
ripple effects through a lot of the comments. There was concern about the road widths; w e are
going to add pavement width to streets as well as pedestrian improvements. Regarding housing
needs – there are more people moving into the area – one of the comments was – ‘there’s not a
need for new housing in the neighborhood – all the houses that are listed are sold.’ But there are
more people moving into the community – we cannot constrain the number of housing in our
community and still meet the demands. One of our goals is to meet the demands for an
increased population. We concur that there will be more information. This is a concept plan.
Our intent was always to submit the concept plan to help give shape to the future discussion.
Ken Sandblast had read the submitted letters as well. He touched on the comment saying that
“it depends upon what kind of commercial it is.” He said that comment caught his attention
because they’d offered this concept plan to get at the definition of what this will become with
approval of the zone change. They are striving to achieve that kind of certainty by submitting
and proposing this concept plan. Regarding the signa ge, he said, “Mr. Long has been an eagle
eye on public notice for this process. I did listen to all the video tapes and he’s been on top of
public notice both at the city and what’s been done to date. As recorded in our meeting notes,
we posted a notice – a large sign but it had the wrong year on it – instead of 2016 – it said 2015.
Because of that error, we re-noticed everything and recreated and reposted that sign so there
were actually two notices. I wanted to say thank you to Ms. Hanson who testified about the
stormwater and the runoff – that kind of information is good information for us to have as this
moves into the detailed plan phase – assuming it’s approved by yourselves and council. That
knowledge about stormwater and runoff and what’s going on at that site is good information.
Lastly, I want to thank Gary for pointing out that the PD criteria are guidelines and that there’s
flexibility on how they’re met. That indeed is what we’re doing with this concept plan. We have
looked at the entire code, and what you see before you is a balance of that criteria and those
guidelines, but it is proofed against the code – for not just open space, but we’re aware of the
kind of set-back issues that Gary noted.
PUBLIC HEARING CLOSED
November 21, 2016 Page 8 of 9
DELIBERATION ON COMP PLAN AMENDMENT AND ZONE CHANGE
President Fitzgerald asked the commissioners to isolate the conversation to two parts – focusing
first on the Comp Plan Amendment Zone Change.
A C-P (Professional Commercial) is being proposed to be changed to an R-12 (Residential).
Comments from Commissioners:
I like the transition to the residential. I feel like it fits the neighborhood better than
commercial use. I also feel that later in discussions regarding the detailed plan – maybe
we could work out a few things that would make the neighborhood happy about some
open space changes and how that can be worked into a development.
I think it makes sense to go to R-12 to maximize that space.
If we can’t get a park there, I would rather have R-12 to have less traffic than the
commercial.
I don’t think the change to R-12 is in the best interest of the neighborhood at the
moment, and I am going to vote against it.
The city doesn’t have the funds to make it a park. It’s always been this odd little property
that’s commercial that’s tucked away from the main thoroughfare. I heard that a daycare
center was a possibility there, but it never came about. It just sat as property with these
three tiny houses on it and one of them got demolished, so now there are two tiny
houses on that big property.
I have concerns about the quantity of driveways facing Spruce limiting the amount of
available on-street parking. Some of the properties could be turned so that the driveways
could face the new street on the property.
Providing a sidewalk/path connecting 72nd – to the Oak Tree area – then to Spruce
would support Tigard’s walkability goals.
I like the transition from commercial to residential – it’s higher density residential, but it
would still transition to that lower density, so I agree with the zone change.
MOTION
Commissioner Middaugh made the following motion: “Regarding CPA2016-00002 and
ZON2016-00001 – I move we forward a recommendation of approval to the City Council
and adoption of the findings of approval contained in the staff report and based on the
testimony we received tonight.” The motion was seconded by Commissioner Schmidt.
The Vote: All in favor with one opposing (Commissioner Lieuallen cast the opposing
vote)
DELIBERATION ON PLANNED DEVELOPMENT CONCEPT PLAN
Comments from the commissioners:
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2016-00002/ZON2016-00001/PDR2106-00012 TOPPING PAGE 1 OF 13
Agenda Item: 5
Hearing Date: November 21, 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) 2016-00002
Zone Change (ZON) 2016-00001
Planned Development Review (PDR) 2016-00012
FILE TITLE: TOPPING C-P TO R-12 COMPREHENSIVE PLAN AMENDMENT/
ZONE CHANGE with PLANNED DEVELOPMENT REVIEW
APPLICANT: Stafford Development Company, LLC.
485 S. State Street
Lake Oswego, OR 97034
REQUEST: The applicant requests approval of a Comprehensive Plan Designation and Zoning
Map Amendment from Professional Commercial, C-P, to Medium Density
Residential, R-12, and a Planned Development Review for a Concept Plan only on a
three-parcel property totaling 1.54 acres. The proposed concept plan shows 18
single-family detached homes with approximately 23 percent of the site in open
space, a portion of which is located at the corner of SW Spruce Street and SW 72nd
Avenue.
In 2015, to facilitate the retention of R-12 zoning in the City, City Staff had
requested approval of a zoning “swap” from C-P to R-12 on the subject property
and from R-12 to C-G on another property on Pacific Hwy and School Street (CPA
2015-00005 and ZON 2015-00007). The City Council approved the Pacific Hwy
property rezone. However, the Council did not approve the rezone for the subject
property portion. The Council directed the property owner to submit a quasi-judicial
zone change application on their own if they wanted to continue to pursue the zone
change.
LOCATION: 7303 SW Spruce St., 10705 SW 72nd Ave., 10735 SW 72nd Ave;
TAX MAP/ LOT #’s: 1S136AC02200, 1S136AC02400, 1S136AC02500.
COMP PLAN
DESIGNATION/
ZONING
DISTRICT: FROM: Professional Commercial (C-P)
TO: Medium Density Residential (R-12)
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2016-00002/ZON2016-00001/PDR2106-00012 TOPPING PAGE 2 OF 13
APPLICABLE
REVIEW
CRITERIA:
Community Development Code Chapters 18.350, 18.380.030, and
18.390.050; Comprehensive Plan Goals 1, 2, 10; Statewide Planning Goals 1,
2, 10; and Metro’s Urban Growth Management Functional Plan Titles 1, 7,
and 12.
SECTION II STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend to the Tigard City Council APPROVAL of the
Comprehensive Plan and Zoning Map Amendment as determined through the public hearing process. Staff
further recommends that the Planning Commission recommend to the Tigard City Council APPROVAL of
the Planned Development Concept Plan with clear direction to the applicant for preparation of a detailed plan,
as determined through the public hearing process.
SECTION III BACKGROUND INFORMATION
Project History
In 2015, to facilitate the retention of R-12 zoning in the City, City Staff had requested approval of a zoning
“swap” from C-P to R-12 on the subject property and from R-12 to C-G on another property of roughly
the same size located on Pacific Hwy and School Street (CPA 2015-00005 and ZON 2015-00007). The City
Council approved the Pacific Hwy property rezone. However, the Council did not approve the rezone for
the Spruce Street property. Instead, the Council directed the property owner to submit a quasi-judicial zone
change application on their own if they wanted to continue to pursue the zone change on the subject
property.
For this application, Stafford Land Company is the applicant, with support from the City whose interest is
increasing the supply of R-12 zoned land, as intended in the City’s prior zone change proposal. The
affordable housing types allowed in the R-12 zone warrant the City’s support because of the City’s housing
goal to provide opportunities for a variety of housing types to meet the diverse housing needs of current
and future City residents.
To ensure the neighborhood would have the opportunity to be involved in how the property could be
developed for residential use, the applicant agreed to apply for a Planned Development concept plan review
concurrently with the comprehensive plan/zone change.
Staff has documented the quasi-judicial process and engaged the neighbors directly in the process to ensure
information is available and notice received.
Site Description
The subject property (3 parcels totaling 1.54 acres) is developed with single-family residences and was
annexed in 2006 (ZCA2006-00003), which changed the County zone from Commercial Office (OC) to the
City’s Professional Commercial (C-P) zone, the zone most closely implementing the County’s plan map
designation. The current zone does not allow residential use, which the market has identified as its highest
best use as evidenced by the applicant’s several pre-application conferences over past couple of years to
change the commercial zone to residential.
The subject site is located across Spruce Street from Fred Meyers and within 1,000 feet of Pacific Hwy. The
locational characteristics of the subject property support the comprehensive plan amendment and zone
change. The subject property fronts on a local street and a neighborhood street and is adjacent to property
STAFF REPORT TO THE PLANNING COMMISSION
CPA 2016-00002/ZON2016-00001/PDR2106-00012 TOPPING PAGE 3 OF 13
zoned R-4.5 and low-density unincorporated Washington County. The adjacent lower class streets and low
density residential use zone makes the property more suitable for medium density residential use to form a
transition from the General Commercial (C-G) zone to the south.
Proposal Description
The applicant requests approval of a Comprehensive Plan Designation and Zoning Map Amendment from
Professional Commercial, C-P, to Medium Density Residential, R-12, and a Planned Development Review
for a Concept Plan only on a three-parcel property totaling 1.54 acres. The proposed concept plan shows 18
single-family detached homes with approximately 23 percent of the site in open space, a portion of which is
located at the corner of SW Spruce Street and SW 72nd Avenue.
Decision Process
The Commission will make a recommendation to Council on the Comprehensive Plan/Zone Change and
Planned Development Concept Plan. The Council must first approve the Comprehensive Plan/Zone
Change before consideration of the Concept Plan. Council’s Approval of the Concept Plan must give the
applicant clear direction for preparation of the Detailed Plan. The Detailed Plan will be by separate
application and will be reviewed and decided by the Planning Commission.
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 amendment, zone change, and concept planned development review.
18.380 ZONING MAP AND TEXT AMENDMENTS
Chapter 18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map.
A. Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC
procedure, as governed by Section 18.390.050, using standards of approval contained in subsection
(B) of this section. The approval authority shall be as follows: (3) The commission shall make a
recommendation to the council on a zone change application which also involves a concurrent
application for a comprehensive plan map amendment.
FINDING: The proposed quasi-judicial amendment is being reviewed under the Type III procedure as
set forth in this chapter. This procedure requires public hearings before both the Planning
Commission and City Council.
B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve,
approve with conditions or to deny an application for a quasi-judicial amendment shall be based on
all of the following standards:
1. Demonstration of compliance with all applicable comprehensive plan policies and map
designations;
Chapter 1: Citizen Involvement
Goal 1.1 Provide citizens, affected agencies, and other jurisdictions the opportunity to
participate in all phases of the planning process.
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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 18.390.050 of
the Tigard Community Development Code.
On October 18, 2016, 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 27, 2016 a notice was published in The Tigard Times. The notice invited public input and
included the phone number of a contact person to answer questions. The notice also included the
address of the City’s webpage where the staff report to the Planning Commission could be viewed.
On October 31, 2016, the site was posted with a notice board.
On October 17, 2016, the proposal was posted on the City’s web site.
On November 14, 2016 the staff report was made available on the city’s website.
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 1 The City’s land use program shall establish a clear policy direction, comply with state
and regional requirements, and serve its citizens’ own interests.
The goals and policies contained in the Tigard Comprehensive Plan provide the basis for the city’s land use
planning program. This policy is met.
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, has 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 VI: Outside Agency Comments. 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.”
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The Metro 2040 Growth Concept Map shows that Pacific Hwy, through Tigard, is designated as a
“Corridor.” The proposed rezone of the subject site from commercial professional to medium density
residential would meet market demand for residential development where the existing commercial zone
designation has resulted in underdeveloped land for the past ten years, since annexation in 2006. This policy
is met.
Policy 6 The City shall promote the development and maintenance of a range of land use
types which are of sufficient economic value to fund needed services and advance the community’s
social and fiscal stability.
Policy 7 The City’s regulatory land use maps and development code shall implement the
Comprehensive Plan by providing for needed urban land uses including:
A. Residential;
B. Commercial and office employment including business parks;
C. Mixed use;
D. Industrial;
E. Overlay districts where natural resource protections or special
planning and regulatory tools are warranted; and
F. Public services
The rezoning of the subject property to medium-density residential would allow for a needed increase in the
variety of housing options available to the citizens of Tigard. The proposed zone change would allow for
smaller lot sizes, higher density, and more affordable housing options, promoting a greater level of financial
stability among the citizens of Tigard. These policies are 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;
B. Development of land uses allowed by the new designation shall not negatively affect existing or
planned transportation or other public facilities and services;
ODOT’s trip generation analysis for the subject site (ODOT Comment letter, dated December 2, 2015)
showed a reduction of trips, from 220 PM trips under the current C-P zone to 43 PM trips under the
proposed R-12 zone. Therefore, a determination of no significant adverse effect on the transportation
system can be made and the Transportation Planning Rule compliance measures under OAR Section 660-
12-0060 Plan and Land Use Regulation Amendments are not invoked.
Additional public services such as stormwater, water, and sanitary sewer will connect to existing
infrastructure and it is not anticipated that the proposed zone change from C-P to R-12 will result in
additional demands on public services. These policies are 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;
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;
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The proposed rezoning satisfies a need for property zoned R-12. In 2013 the City Council adopted a
Housing Strategies report prepared by Angelo Planning Group and Johnson & Reid in support of the
Periodic Review update to Goal 10, Housing. This report illustrated that at that time the city had nearly
twice as much buildable land in areas zoned R-7 (72.1 net buildable acres) than in areas zoned R-12 (36.7
net buildable acres). The report analyzed the city’s current and future housing needs, which included the
following conclusion: “In general, there is a need for some less expensive ownership units and rental units”.
R-12 zoned land permits attached single-family and multi-family housing types, which contribute to the
city’s variety of more affordable housing stock.
The city is also in need of adequate commercially zoned land to support employment and economic
development goals. However, the proposed rezone of the subject site from commercial professional to
medium density residential in a location where the existing commercial zone designation has resulted in
underdeveloped land for the past ten years, since annexation in 2006. These policies are 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;
A planned development concept plan is being concurrently reviewed with the proposed zone change to
demonstrate that medium density residential use can be developed in compliance with applicable regulations
and the purposes of the planned development chapter. This policy is met.
F. Land uses permitted by the proposed designation would be compatible, or capable of being
made compatible, with environmental conditions and surrounding land uses; and
The proposed R-12 zone would allow residential housing types at a scale that would be compatible with
adjacent low density residential and commercial uses; there is no reason to believe the property could not be
developed in conformance with R-12 standards. A planned development overlay is proposed on the subject
property to ensure compatibility. This policy is met.
G. Demonstration that the amendment does not detract from the viability of the City’s natural
systems.
The subject property has been previously developed with single family dwellings. The site has a six percent
slope toward the west and does not contain any city-regulated sensitive natural resources. The proposed
rezone would not detract from the viability of the City’s natural systems. This policy is met.
Policy 20 The City shall periodically review and if necessary update its Comprehensive Plan
and regulatory maps and implementing measures to ensure they are current and responsive to
community needs, provide reliable information, and conform to applicable state law, administrative
rules, and regional requirements.
The proposed Comprehensive Plan and Zoning Map Amendment would increase the City’s supply of R-12
zoned land. Staff supports the zone change in response to the growing need for affordable housing. The
City supports the proposed update to its Comprehensive Plan and Zoning map through this process to
ensure it is current and responsive to community needs and will conform to applicable state law,
administrative rules, and regional requirements. This policy is met.
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Chapter 10: Housing
Goal 10.1 Provide opportunities for a variety of housing types at a range of price levels to meet
the diverse housing needs of current and future City residents.
Policy 1 The City shall adopt and maintain land use policies, codes, and standards that
provide opportunities to develop a variety of housing types that meet the needs, preferences and
financial capabilities of Tigard’s present and future residents.
The subject property was annexed in 2006 (ZCA 2006-00003), which changed the Washington County
comprehensive plan and zoning designation from Commercial Office (OC) to the City of Tigard’s
Professional Commercial (C-P) zone, the zone most closely implementing the County’s plan map
designation. However, since the subject property’s annexation in 2006, the City’s need for residential
property zoned R-12 has increased.
In February 2016, in response to CPA 2015-00005 & ZON 2015-00007, the City Council approved the
rezoning of a 1.37 acre site on Pacific Hwy W from R-12 to C-G, but not the rezoning of the subject
property from C-P to R-12, resulting in a loss of 1.37 acres of residential property zoned R-12. Medium-
density residential properties are important to the ongoing implementation of the City’s housing policies, for
a number of reasons, including growth in population of the City of Tigard, and a need for flexibility in
allowable and available housing types to provide a level of affordability for first time home buyers, singles
and retirees, as well as other members of the populace who desire more affordable housing options in
Tigard’s neighborhoods.
The population of Tigard has increased by 6.6% since 2010 (United States Census Bureau). With this
increase in population, the demand for housing continues to grow, particularly the need for residential
properties zoned with the flexibility necessary to promote a level of affordability.
In 2013 the Council adopted a Housing Strategies report prepared by Angelo Planning Group and Johnson
& Reid in support of the Periodic Review update to Goal 10, Housing. This report illustrated that at that
time the city had about twice as much buildable land in areas zoned R-7 (72.1 net buildable acres) than in
areas zoned R-12 (36.7 net buildable acres). The report analyzed the city’s current and future housing needs,
which included the following conclusions of relevance to the application:
• “In general, there is a need for some less expensive ownership units and rental units.”
• “Single family attached units are projected to meet nearly 20% of future housing need.”
• “It is projected that in coming decades a greater share of housing will be attached types, including
attached single family.”
This type of housing is possible in the R-12 zone, which allows attached and multi-family housing on 3,050
square-foot lots. R-12 is a versatile medium density residential zone that can better meet the preferences and
financial capabilities of Tigard’s present and future residents. This policy is met.
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.
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The City’s Housing Strategies Report indicates that “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
and multi-family housing on 3,050 square-foot lots. 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 to help meet
the preferences and financial capabilities of Tigard’s present and future residents, consistent with the
purpose of Title 1.
FINDING: As shown in the analysis above, the proposed comprehensive plan/zone change
demonstrates compliance with all applicable comprehensive plan policies and map
designations;
2. Demonstration of compliance with all applicable standards of any provision of this code or other
applicable implementing ordinance; and
FINDING: As shown in the findings above and below, the proposed comprehensive plan/zone change
demonstrates compliance with all applicable standards of the provisions of Title 18 and
other implementing ordinances.
3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the
comprehensive plan or zoning map as it relates to the property which is the subject of the
development application.
The population of Tigard has increased by 6.6% since 2010 (United States Census Bureau). This influx in
population has generated an increased need for housing in the City of Tigard. In particular, there is presently
a deficit in the availability of affordable housing in the City of Tigard. Zoning the subject property R-12
would help accommodate the City’s growth in population and subsequent need for residential properties.
The increasing need for affordable housing is a change in the community that supports the comprehensive
plan/zone change. Given the variety of permitted housing types, property zoned R-12 is of increasing
importance in the City of Tigard to insure the availability of affordable housing. With a minimum lot size of
3,050 S.F. the R-12 zone provides the flexibility necessary to meet the housing type preferences and
financial capabilities of Tigard’s present and future residents.
The trend in the market and development in the community as a whole is progressing towards smaller lots,
in an effort to satisfy the demand for affordable housing in the region. Since the subject property’s
annexation and zoning in 2006, properties zoned R-12 have been developed in the surrounding area. An R-
12 zoning of residential property in the area is ideal due to the proximity of services and transit options.
White Oak Village, an R-12 zoned subdivision, located 2/10ths of a mile southwest of the subject property
at SW 74th Ave. north of SW Pacific Highway, was developed in 2008.
Increases in population and commercial and residential development have led to an increase in traffic in the
neighborhood. While increased traffic is clearly an issue effecting property’s owners in the vicinity of the
subject property, an ODOT Trip Generation Analysis showed that the proposed zone change of the subject
property from C-P to R-12 will result in a reduction of 220 PM trips to 43 PM trips. Rezoning of the subject
property to R-12 may help curb future traffic pressure in the neighborhood. Furthermore, the proposed
development includes future street improvements to SW Spruce St. and SW 72nd Ave. which will reduce an
existing lack of parking in the surrounding area by including the widening of roadways and addition of
parking lanes.
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There is an increasing need for open space in the surrounding neighborhood, as the general development
patterns in the area and public testimony received through CPA 20015-00005 & ZON 2015-00007 public
hearings suggest. The proposed Planned Development Concept Plan includes two proposed open space
tracts that comprise approximately 23.8% of the subject property that will preserve natural open space and
promote pedestrian connectivity.
FINDING: As shown in the analysis above, there is evidence of change in the neighborhood or
community to support the proposed comprehensive plan/zone change.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend to the Tigard City Council
APPROVAL of the Comprehensive Plan and Zoning Map Amendment as being in
compliance with all applicable comprehensive plan policies, all applicable standards of any
provision of this code or other applicable implementing ordinance, as evidenced by change
in the neighborhood and the community, and as determined through the public hearing
process.
18.390 DECISION MAKING PROCEDURES
18.390.080 General Provisions
D. Applications
2. Consolidation of proceedings. Whenever an applicant requests more than one approval and
more than one approval authority is required to decide the applications, the proceedings
shall be consolidated so that one approval authority shall decide all applications in one
proceeding;
a. When a request which contains more than one approval is consolidated, the hearings shall
be held by the approval authority having original jurisdiction over one of the applications
under this chapter in the following order of preference: the council, the commission, the
hearings officer, or the director.
b. Where there is a consolidation of proceedings:
i. The notice shall identify each action to be taken;
ii. The decision on a plan map amendment shall precede the decision on the proposed
zone change and other actions; and
iii. Separate actions shall be taken on each application.
FINDING: The applicant has requested concurrent review of a comprehensive plan map amendment
from Professional Commercial to Medium Density Residential District/Zone Change from
C-P to R-12 and a Planned Development concept plan approval. According to
18.390.080.D.2, the proceedings are consolidated and decided by the City Council. Notices
have identified each action to be taken. The decision on the plan map amendment shall
precede the decision on the proposed zone change, which shall precede the decision on the
planned development concept plan, with separate actions being taken on each application.
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18.350 PLANNED DEVELOPMENTS
18.350.050 Concept Plan Approval Criteria
A. The concept plan may be approved by the commission only if all of the following criteria are
met:
1. The concept plan includes specific designations on the concept map for areas of open
space, and describes their intended level of use, how they relate to other proposed uses on
the site, and how they protect natural features of the site.
The applicant states that “The proposed development includes two open space tracts totaling .31 acres (20.3
percent of the site) which will preserve existing conditions and natural resources, including an existing oak
tree in the northwest corner of the subject property. Open space will promote natural amenities and provide
a more walkable community, while serving as a transition between surrounding low-density residential
properties and existing commercial properties.”
The applicant’s statement and concept plan address preservation of the existing oak tree on the site and how
the proposed open space protects the natural features of the site. The applicant only minimally indicates
how the proposed open space areas relate to access and use by future residents of the development or by
the public. This criterion is met but the Commission may require the applicant to more substantively
address the open space area designations as to their intended level of use and how they relate to other
proposed uses on the site.
2. The concept plan identifies areas of trees and other natural resources, if any, and identifies
methods for their maximized protection, preservation, and/or management.
The applicant’s concept plan identifies areas of trees and other natural resources and minimally identifies
methods for their maximized protection, preservation, and management. The narrative states that “The
Concept Development Plan in Exhibit G illustrates the proposed development’s two open space tracts
totaling .31 acres, and their relationship to other uses on the subject property. There are no wetlands or
sensitive areas on the subject property. All existing trees on the subject property have been identified (see
Concept Development Plan, Exhibit G).”
The applicant’s narrative does identify a large oak tree in the northwest corner of the site, but it should be
shown on the Concept Plan and additional methods for management should be identified as well as an
indication of how it would be incorporated into the development. This criterion is minimally met.
To better meet this criterion, the Commission may require the applicant to substantively address methods
for the oak tree’s maximized protection, preservation, and/or management.
3. The concept plan identifies how the future development will integrate into the existing
neighborhood, either through compatible street layout, architectural style, housing type, or
by providing a transition between the existing neighborhood and the project with
compatible development or open space buffers.
The applicant states that “The proposed Planned Development Subdivision is designed around the existing
transportation network, and will not require or result in any changes to the functional classification of the
transportation system in the vicinity of the subject property. As shown on the Concept Development Plan
in Exhibit G, the layout of the proposed development concentrates homes to SW Spruce St., SW 72nd Ave.
and the proposed private drive, while preserving two open space tracts totaling .31 acres on the northern,
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western and eastern property boundaries. These open space tracts will serve as an additional buffer between
the existing low-density residential and commercial uses.
A total of eighteen lots are proposed. Eleven lots will have frontage on SW Spruce St., three lots will have
frontage on SW 72nd Ave, and four lots will have frontage on the proposed private drive. The private drive
runs north to south in the middle of the subject property, ending at an open space tract on the subject
property’s northern boundary.”
The concept plan identifies how the future development will integrate into the existing neighborhood using
the existing streets and providing a transition with open space buffers. This criterion is met.
4. The concept plan identifies methods for promoting walkability or transit ridership, such
methods may include separated parking bays, off street walking paths, shorter pedestrian
routes than vehicular routes, linkages to or other provisions for bus stops, etc.
The applicant states that future development of the site with street improvements on SW Spruce St. and SW
72nd Ave., including sidewalks and planter strips will promote a more walkable neighborhood. This
criterion is minimally met.
To better meet this criterion, the Commission may require the applicant to substantively address how the
concept plan also promotes transit ridership.
5. The concept plan identifies the proposed uses, and their general arrangement on site. In the
case of projects that include a residential component, housing type, unit density, or
generalized lot sizes shall be shown in relation to their proposed location on site.
The applicant states that “The Concept Development Plan in Exhibit G illustrates the proposed
arrangement of lots and their relationship to open space tracts on the subject property.”
As show on the concept plan, this criterion is met.
6. The concept plan must demonstrate that development of the property pursuant to the plan
results in development that has significant advantages over a standard development. A
concept plan has a significant advantage if it provides development consistent with the
general purpose of the zone in which it is located at overall densities consistent with the
zone, while protecting natural features or providing additional amenities or features not
otherwise available that enhance the development project or the neighborhood.
The applicant states that “The proposed concept plan would provide a density consistent with the R-12
zone. Two open space tracts comprising 23.8% of the subject property are proposed; their design will
preserve an existing oak tree in the northwest corner of the subject property, while providing natural
amenities, promoting pedestrian connectivity within the area and serving as a buffer between existing
residential and commercial developments in the surrounding area.”
The proposed development of 18 single-family dwellings would be permitted in the R-12 zone at the
maximum allowed density, consistent with the general purpose of the zone. Trees, including the large oak in
the northwest corner of the site, will be protected within an open space tract. This criterion is minimally
met.
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To better meet this criterion, the Commission may require the applicant to provide more information on
how the concept plan provides significant advantages over standard development with additional amenities
or features not otherwise available that enhance the development project or the neighborhood.
FINDING: As shown in the analysis above, the concept plan approval criteria are minimally met, but
may be strengthened subject to the Commission’s direction to the applicant to revise the
proposed Concept Plan.
RECOMMENDATION:
Staff recommends the Planning Commission recommend to the City Council approval of
the proposed Concept Plan, subject to the Commission’s direction to the applicant to
supplement their findings on the approval criteria, as determined through the hearings
process.
SECTION V. ADDITIONAL CITY STAFF COMMENTS
The City of Tigard’s Development Services Division (Engineering), and Public Works Department
had an opportunity to review this proposal and had no objections.
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, Washington County Department of Land Use and
Transportation, Oregon Department of Land Conservation and Development.
Tualatin Valley Fire and Rescue reviewed the concept plan proposal and provided a comment letter
dated October 31, 2016 addressing basic approval standards. Additional opportunities for substantive
comment will be provided with application for a Detailed Development Plan.
Clean Water Services reviewed the concept plan proposal and provided a comment letter dated October
26, 2016 addressing basic approval standards. Additional opportunities for substantive comment will be
provided with application for a Detailed Development Plan.
Oregon Department of Transportation, Region 1 reviewed this proposal under CPA 2015-00005 and
ZON 2015-00007 and provided a comment letter dated December 2, 2015 from Marah Danielson, ODOT
Development Review Planner. ODOT determined that for Site A (the subject site), vehicle trips to OR 99W
intersections will likely be reduced and that the proposed zone change from C-P to R-12 does not
significantly affect a state highway facility.
SECTION VII. INTERESTED PARTIES COMMENTS
The applicant held a neighborhood meeting on March 16, 2016. Documentation is provided in Exhibit E of
the application. Seventeen attendees discussed the proposed zone change, comprehensive plan amendment,
and the planned development concept plan. Issues discussed included open space and parks, streets and
utilities, housing type and design, and land use process.
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The city received written comments from neighbors within 500 feet of the subject properties regarding the
proposed amendment. Approximately 140 neighbors within a half-mile of the subject property who live
both within and outside of the City boundary signed a petition in support of the use of the subject property
as a “walk-to residential park.” Nancy Tracy submitted a letter requesting that the City buy and preserve the
land for park use. These comments included a letter dated April 18, 2016 from Holly Polivka, Chair of the
Parks and Recreation Advisory Board, in support of the park idea, with the caveat that the City did not have
funding to help purchase the property.
SECTION VIII. CONCLUSION
The proposed Comprehensive Plan and zone change comply with the applicable Statewide Planning Goals,
applicable regional, state and federal regulations, the Tigard Comprehensive Plan, and applicable provisions
of the City’s implementing ordinances. Provided the Commission gives direction to the applicant to revise
the plan to substantively address the approval criteria, the proposed planned development concept plan can
meet the applicable review criteria.
Therefore, Staff recommends that the Planning Commission recommend approval of the proposed
comprehensive plan/zone change amendment and planned development concept plan to the Tigard City
Council, as determined through the public hearing process.
November 14, 2016
PREPARED BY: Gary Pagenstecher
Associate Planner
DATE
November 14, 2016
APPROVED BY: Tom McGuire
Assistant Community Development Director
DATE
Pacific Corporate Center 15115 SW Sequoia Parkway, suite 150
Tigard, Oregon 97224
www.westlakeconsultants.com PH –503-684-0652 FX –503-624-0157
PLANNING ENGINEERING SURVEYING
September 12, 2016
Mr. Gary Pagenstecher
CITY OF TIGARD, OREGON
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Topping Subdivision
FILE #: CPA 2016-00002 / ZON 2016-00001 / PDR 2016-00012
Response for additional information - Completeness of Application
Dear Gary,
This letter is submitted in response to your incompleteness letter dated August 25, 2016 requesting additional
information in order to deem the Topping Subdivision complete (File # CPA 2016-00002 / ZON 2016-00001/
PDR 2016-00012). This letter and enclosed materials are submitted by the applicant to supplement the
application plans, narrative responses, and exhibits submitted to date. As per your letter, twenty-five (25)
copies of all original and revised materials are enclosed.
Each of the items in your letter are addressed as follows:
Information Necessary to Complete Application
1. Narrative findings have been revised to address all applicable review criteria for the proposed
Comprehensive Plan Designation, Zoning Map Amendment, and Planned Development Concept
Plan review.
2.The Planned Development Concept Plan has been revised to reflect a utility easement and on-site
storm and sanitary lines to serve the 18 lots. In addition, a vegetated, water quality storm swale is
now depicted in Tract A. At its depicted 7’ width and 130’ length, this swale exceeds minimum
design standards and provides adequate stormwater treatment to serve the impervious areas of the
Planned Development Concept Plan. Stormwater facility design engineering will be required at the
time of Planned Development Detailed Plan review and approval. Existing downstream public
stormwater conveyance pipes (increasing in size from 12” up 27” diameter) are located within the
Spruce St. right-of-way, connecting from the Tract A storm outfall at the SW corner of the subject
property to the existing open drainageway located less than ¼ mile to the west near the intersection
of SW Spruce St. & SW 78th Ave.
With submittal of this letter and enclosed revised materials, it is our understanding that this land use
application is complete. We look forward to your confirmation of completeness.
Please feel free to contact me if you have any questions.
Sincerely,
Westlake Consultants, Inc.
Kenneth L. Sandblast, AICP
Director of Planning
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Topping PD Concept Plan - 7303 SW Spruce St. Tigard , OR 97224 WESTLAKE CONSULTANTS, Inc. I
List of Exhibits
A Land Use Application Form
B Tax Map lS 1 36AC
c Title Deed
D Pre-Application Conference Notes
E Neighborhood Meeting Documentation
F Impact Study (per TDC 18.390.040.B .2 .e.)
G Planned Development Concept Plan
H Planned Development Concept Plan Statement
Topping PD Concept Plan - 7303 SW Spruce St. Tigard , OR 97224 WESTLAKE CONSULTANTS, Inc. II
Application and Subject Property Summar y
SUBJECT PROPERTY: Tax Map: 1S136AC
Tax Lots: 2200, 2400, 2500
PROPERTY LOCATION: 7303 SW Spruce St.
Tigard, OR 97224
PROPOSAL : Comprehensive Plan Designation and Zoning Map
Amendment ; Planned Development Overlay Zone
with Planned Development Concept Plan Review
SITE SIZE: 1.54 Acres
EXISTING COMP. PLAN DESIGNATION: C-P
PROPOSED COMP. PLAN DESIGNATION :
R-12
PROPERTY OWNER: Richard Topping & Katherine Kemp
19765 Derby St.
West Linn, OR 97068
APPLICANT : Stafford Development Company, LLC.
485 S. State Street
Lake Oswego , OR 97034
APPLICANT'S REPRESENTATIVE : Ken Sandblast, AICP
Westlake Consultants, Inc.
15115 SW Sequoia Parkway, Suite 150
Tigard, OR 97224
Phone: 503.684.0652
Email: ksandblast@westlakeconsultants .com
Topping PD Concept Plan - 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 3
uses. As per Policy 15.G. the proposed rezoning will not detract from the viability of the
City's natural systems.
The proposed development satisfies Policy 6,as the rezoning of the subject property to
medium-density residential would allow for a needed increase in the variety of housing
options available to the citizens of Tigard. The proposed zone change would allow for
smaller lot sizes, higher density, and more affordable housing options, thus promoting a
greater level of financial stability among the citizens of Tigard.
The proposed zone change allows for increased compatibility with adjacent land uses, and
will be developed in conforma nee with R -12 development standards. There is no overlay
district on the subject property. Therefore, the proposed development satisfies Policy 15.E.
In support of Policy 15.C. and Policy 75.D. the proposed rezoning satisfies a need for
property zoned R-12. In 2013 the City Council adopted a Housing Strategies report
prepared by Angelo Planning Group and Johnson & Reid in support of the Periodic Review
update to Goal 10, Housing. This report illustrated that at that time the city had nearly
twice as much buildable land in areas zoned R-7 (72.1 net buildable acres) than in areas
zoned R-12 (36.7 net buildable acres). The report analyzed the city's current and future
housing needs, which included the following conclusion: " In general, there is a need for
some fess expensive ownership units and rental units" . Thus, there is an insufficient
amount of developable land zoned R-12, and the rezoning of the subject property would
satisfy Policy 15.C. by fulfilling a proven community need for a wider range of housing
options and prices available in the City.
While the need for developable land zoned R -12 is present throughout the entire City of
Tigard, the proposed development would also satisfy needs apparent in the neighborhood
surrounding the subject property. The properties to the north and west are predominantly
low-density residential, however, commercial development to the south of the subject
property has increased in past decades. The proposed rezoning would allow the medium-
density residential property to act as a buffer between existing low-density residential
properties, and increasing commercial developments to the south. Roadways will be
widened to include parking lanes, street trees and sidewalks, improving the quality of the
adjacent streetscape and the pedestrian environment. Furthermore, 23.8% of the proposed
development is compromised of open space tracts which will abut neighboring residential
properties, and act as further buffer between existing residential and commercial
developments. This will fulfill the neighborhood's need for a residential buffer, while
promoting natural open space and pedestrian connectivity, in addition to preserving the
existing aesthetic of the surrounding neighborhood.
The applicant has also reviewed the Recommended Action Measures and has found the
proposed development, and subsequent residential buffer would be consistent with
Recommended Action Measure iii, as the proposed development fulfills each example of
"preserving and enhancing the quality and character of Tigard 's residential districts" ,
including: "infill development, mitigating impacts of adjacent dissimilar land uses,
improving quaIity of streetscapes and the pedestrian environment, and providing greater
access to open space".
Public services such as stormwater, water and sanitary sewer will connect to the existing
infrastructure. As per Policy 15.A. and 75.B. the proposed development will not exceed
Topping PD Concept Plan - 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 4
capacity of any public facilities or services in the area, nor will the proposed development
require or result in any changes to the functional classification of any transportation
facility. The proposed R-12 zoning of the subject property will result in future traffic
volumes and access in a manner consistent with the functional classification of SW 72nd
Ave., which is classified as a local street, and SW Spruce Street, which is classified as a
neighborhood route. There is presently sufficient capacity in the transportation system to
serve the proposed development. ODOT's trip generation analysis for the subject property
(ODOT Comment letter, dated December 2, 2015) showed a reduction of trips, from 220
PM trips under the current C-P zone to 43 PM trips under the proposed R-12 zone.
Therefore, a determination of no significant adverse effect on the transportation system
can be made for the proposed development.
In summation, there are no sensitive natural resources on the subject property. The
proposed development is compatible with environmental conditions and surrounding land
uses, and will not detract from the viability of the City's natural systems. The proposed
zone change allows for increased compatibility with adjacent land uses, and will be
developed in conformance with R-12 development standards. The rezoning of the subject
property to R -12 would satisfy a needed increase in the variety of housing options available
to citizens of Tigard. Furthermore, the proposed zone change would satisfy a need for a
residential buffer in the surrounding neighborhood. Public services such as stormwater,
water and sanitary sewer will connect to the existing infrastructure. The proposed
development will not exceed capacity of any public facilities or services in the area, nor will
it negatively affect existing or planned transportation or other public facilities or services.
Chapter 10: Housing
The subject property was annexed in 2006 (ZCA 2006-00003), which changed the
Washington County comprehensive plan and zoning designation from Commercial Office
(OC) to the City of Tigard's Professional Commercial (C-P) zone, the zone most closely
implementing the County's plan map designation. However, since the subject property's
annexation in 2006, the City's need for residential property zoned R-12 has increased.
In February 2016, in response to CPA 2015-00005 & ZON 2015-00007, the City Council
approved the rezoning of a 1.37 acre site on Pacific Hwy W from R-12 to C-G, yet remanded
the rezoning of the subject property from C-P to R-12. Thus, the City suffered a loss of 1.37
acres of residential property zoned R-12. Medium-density residential properties are
important to the ongoing implementation of the City 's housing policies, for a number of
reasons, including growth in population of the City of Tigard, and a need for flexibility in
allowable and available housing types, so as to provide a level of affordability for first time
home buyers, singles and retirees, as well as other members of the populace who desire
more affordable housing options in Tigard's neighborhoods.
The population of Tigard has increased by 6.6% since 2010 (United States Census Bureau).
With this increase in population, the demand for housing continues to grow, particularly
the need for residential properties zoned with the flexibility necessary to promote a level
of affordability.
Approval of the proposed zone change to R-12 and planned development concept plan
satisfies a need for smaller lot sizes and higher densities within the Urban Growth
Topping PD Concept Plan - 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 5
Boundary, in satisfaction of the City's Housing Goal 10.1 to "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''.
Furthermore, as the proposed zone change would allow for smaller lot sizes, higher
density, and more affordable housing options, the proposed development would promote
a greater level of financial stability among the citizens of Tigard. Thus, the proposed
development satisfies Policy 7, which states that " the City shall adopt and maintain land
use policies, codes and standards that provide opportunities to develop a variety of
housing types that meet the needs, preferences, and financial capabilities of Tigard's
present and future residents".
Additionally, the applicant has reviewed the Recommended Action Measures and has
found that the rezoning and development of the subject property supports the following
measures. The proposed development supports Recommended Action Measure vi. by
promoting the development of a broader range of housing choices in proximity to a major
activity center. In this case, a medium-density residential development in close proximity
to increased commercial development along SW Pacific Hwy, south of the subject
property.
As previously mentioned , the Housing Strategies report adopted by the City Council in
2013 analyzed the city's current and future housing needs, which included the following
conclusion: " In general, there is a need for some less expensive ownership units and rental
units". Aligned with this Housing strategies report, Recommended Action Measure xvi.
seeks to "provide opportunities for affordable home ownership by: adapting the City's land
use program to allow for development of a variety of residential building types and
ownership arrangements ". The proposed development supports the goals of both the
Housing Strategies report, as well as Recommended Action Measure xvi. by allowing for
more flexible development, a wider range of building types, and more affordable housing
options, which take into account the housing needs of all of Tigard's citizens.
The proposed development also satisfies Goal 10.2, to "Maintain a high level of residential
livability". The rezoning of the subject property will allow the proposed medium-density
residential property to serve as a residential buffer. Presently, properties to the north and
west of the subject property are zoned predominantly low-density residential. However,
since the subject property's annexation and zoning designation in 2006, commercial
development to the south of the subject property has increased. This commercial
development has necessitated a buffer to preserve the character of the existing
neighborhood to the west and north of the subject property. The proposed R-12 zoning
and planned development with open space tracts abutting neighboring residential
properties would provide a significant buffer for existing residential properties in the
surrounding area; serving to alleviate the effects of commercial development, such as
increasing noise levels and declining neighborhood aesthetics, while promoting the use of
open space in residential neighborhoods. Thus, the proposed development supports Goal
10.2, as well as policy 1, which states that "the City shall adopt measures to protect and
enhance the quality and integrity of its residential neighborhoods".
The proposed development also supports Policy 8 by offering measures to " mitigate the
adverse impacts from differing, or more intense, land uses on residential living
Topping PD Concept Plan - 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 6
environments''. Policy 8 offers three examples of the mitigation of adverse impacts on
residential living environments ; the proposed development employs all three examples, as
follows : (1) the rezoning of the subject property would offer a smoother transition from
lower-density residential properties to commercial development; (2) the proposed
development is 23.8% open space; proposed open space tracts abut neighboring
residential developments , and seek to protect existing vegetation and natural resources,
while promoting open space in the neighborhood ; (3) the proposed medium-density
development and open spaces will serve as a buffer between existing low-density
residential homes and commercial development.
For similar reasons as to its support of Policy 8, the proposed development also supports
Recommend Action Measure vi. by enhancing livability for Tigard residents presently living
near major streets, by use of "appropriate setbacks, buffering and screening, noise
mitigation, building orientation, landscaping etc."
In summation, the proposed development supports Goal 70.7 by allowing for diversified
housing types, as well as financially sound housing options, in an effort to " 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' '.Approval of the proposed zone
change to R-12 and planned development concept plan satisfies a need for smaller lot
sizes, higher densities , and more affordable housing options, thus promoting a greater
level of financial stability among the citizens of Tigard. While there is a need for property
zoned R-12 in the City of Tigard; moreover, there is a need for the subject property to be
zoned R-12. In support of Goal 70.2, the proposed medium-density residential zoning and
open space tracts, will allow the subject property to serve as a buffer for existing
residential properties; alleviating the effects of commercial development, while promoting
open space and neighborhood connectivity .
Applicable Metro Policies
Urban Growth Management Functional Plan
Title 1: Housing Capacit y
Pursuant to Title 7 : Housing Capacity, " the regional framework plan calls for a compact
urban form and a "fair-share" approach to meeting regional housing needs". The rezoning
of the subject property supports the "fair-share" approach of Title 1, while combating
future Tigard population growth, development, and a need for a variety of housing types.
Furthermore, Title 1 addresses that its purpose is to "accomplish these policies by requiring
each city and county to maintain or increase its housing capacity" . As previously
referenced, the Housing Strategies report adopted by the City Council in 2013, confirms
that the City of Tigard has as deficit of developable land zoned R-12. Thus, the proposed
development would support Metro Regulation Title 7: Housing Capacity by prompting the
City to increase its housing capacity where a notable inadequacy has been observed .
Title 7: Housing Choice
Pursuant to Title 7: Housing Choice, the Regional Framework Plan calls for Cities within the
Metro region to ensure their comprehensive plan and ordinances promote "strategies to
ensure a diverse range of housing types within their jurisdictional boundaries''.
Topping PD Concept Plan - 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS , Inc. 8
the availability of adequate numbers of needed housing units at price ranges and rent
levels which are commensurate with the financial capabilities of Oregon households and
allow for flexibility of housing location, type, and density" .
As previously referenced, the Housing Strategies report adopted by the City Council in
2013, stated "... there is a need for some less expensive ownership units and rental units".
Thus, as the City has an inadequate amount of developable land zoned R-12, the proposed
rezoning of the subject property would serve to alleviate this deficit, while upholding the
State's Goal 70: Housing by encouraging the development and availability of more
diversified housing types, as well as greater flexibility in regards to residential density and
price ranges.
Transportation Planning Rule Compliance
The City of Tigard 2035 TSP predicts a growth in households of 8,911 homes and a growth
in employment of 24,829 jobs between 2005 and 2035. The following , Figure 4-4 Forecast
Employment Growth 2005 to 2035, is found in Section 4 Development of the 2035 City of
Tigard TSP.
F igure 4 -4
Forecast
Employment Growth
2005 to 2035
Tigard Urban
Planning Area
Change in Employment/Acre D Negative or No Change
D 0 to 1 JobiAcre
• 1 to 3 Jobs/Acre
-3 to 5 Jobs/Acre
• More than 5 Jobs/Acre
Other Map Elements
@ Transit Center
•11-• Tigard City Boundary
+++++ Other Rai ILines
The City of Tigard 2035 TSP states that " Figure 4-4 shows that the areas anticipated for
the most employment growth are concentrated along Highway 277 including the areas
around Washington Square Regional Center, downtown, the Tigard Triangle and Pacific
N
Topping PD Concept Plan - 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 15
3. Evidence of change in the neighborhood or community or a mistake or
inconsistency in the comprehensive plan or zoning map as it relates to the property
which is the subject of the development application.
Response: Since the subject property's annexation and zoning in 2006, the surrounding
neighborhood has undergone a number of changes, including:
Need for Residential Buffer:
The properties to the north and west of the subject property are predominantly low-
density residential zoning; however, there has been an increase in commercial uses to the
south of the subject property, south of SW Spruce St, most notably a large Fred Meyer
grocery store. These residential and commercial developments have necessitated a need
for a buffer. The R-12 zoning of the subject property and proposed open space tracts
abutting neighboring low-density residential properties will provide a significant buffer,
preserving the neighborhood's aesthetic conformity while transitioning between residential
and commercial properties.
Need for Properties Zoned R-12:
Given the variety of permitted housing types, property zoned R-12 is of increasing
importance in the City of Tigard to insure the availability of affordable housing. With a
minimum lot size of 3,050 S.F. the R-12 zone provides the flexibility necessary to meet the
housing type preferences and financial capabilities of Tigard's present and future residents.
Since the subject property's annexation and zoning in 2006, properties zoned R-12 have
been developed in the surrounding area; R-12 zoning of residential property in the area is
ideal due to the proximity of services and transit options. White Oak Village, an R-12 zoned
subdivision, located 2/lOths of a mile southwest of the subject property at SW 74th Ave.
north of SW Pacific Highway W, was developed in 2008.
While proposed lot sizes on the Planned Development Concept Plan are smaller than that
of adjacent properties, the trend in the market and development in the community as a
whole is progressing towards smaller lots, in an effort to satisfy the demand for affordable
housing in the region.
Increased Population:
The population of Tigard has increased by 6.6% since 2010 (United States Census Bureau).
This influx in population has generated an increased need for housing in the City of Tigard.
In particular, there is presently a deficit in the availability of affordable housing in the City
of Tigard. The zoning of the subject property R -12, would offset the City's growth in
population and subsequent need for residential properties, as well as a variety of housing
types and prices.
Increased Traffic:
Increases in population and commercial and residential development have led to a raise in
traffic. While increased traffic is clearly an issue effecting property's owners in the vicinity
of the subject property, an ODOT Trip Generation Analysis stipulates that the proposed
zone change of the subject property from C-P to R-12 will result in a reduction of 220 PM
trips to 43 PM trips. Thus, the rezoning of the subject property to R-12 will help curb
increasing traffic in the neighborhood. Furthermore, the proposed development includes
future street improvements to SW Spruce St. and SW 72nd Ave. which will reduce an
Topping PD Concept Plan - 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS , Inc. 17
the impact of the development on the public at large, public facilities systems,
and affected private property users. In situations where the community
development code requires the dedication of real property interests, the
applicant shall either specifically concur with the dedication requirements, or
provide evidence which supports the conclusion that the real property
dedication requirement is not roughly proportional to the projected impacts of
the development.
Response: This application and supporting materials have been prepared using the forms
and instructions provided by City staff. A copy of the Land Use Application is provided in
Exhibit A. This narrative document cites and quotes applicable Tigard Development Code
provisions and provides Responses from the Applicant, with evidence and explanation of
how all applicable approval criteria have been met. The Applicant has provided a request
for mailing labels from the City of Tigard with the application, in Exhibit E. The Applicant
has also provided an Impact Study, in Exhibit F. These provisions have been satisfied .
Summary and Request
With submittal of this application narrative, exhibits and supplemental evidence, the
Applicant demonstrates that the proposed Comprehensive Plan Designation, Zoning Map
Amendment and Planned Development Overlay zone with Concept Plan review comply
with all applicable standards and approval criteria; therefore the applicant respectfully
requests approval of this Land Use application .
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City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 1
I:\CURPLN\Masters\500' Property Owner Notification Request.docx Rev. 20150514
City of Tigard
COMMUNITY DEVELOPMENT DEPARTMENT
Request for 500' Property Owner Notification
Property owner information is valid for three (3) months
from the date of your request. Contact staff member Joe
Patton: 503-718-2714 or joep@tigard-or.gov.
FOR STAFF USE ONLY
Date Request Processed:
Project name: NEIGHBORHOOD MEETING LABELS
Staff planner you are working with: # of sheets cost each sets
Name of contact person:
Property owners
within 500 feet &
interested parties: $2.00 $
Name of company:
Generate list: - - - $11.00
Phone:
TOTAL: $
Email: LAND USE ENVELOPES
Please indicate all map and tax lot numbers that are included
in your project (i.e. 1S134AB00100) or the addresses for all
project parcels below. If more than one (1) tax lot or if the
parcel has no address, you must separately identify each
tax lot associated with the project.
# of envelopes cost each sets
Property owners
within 500 feet &
interested parties: $0.13 $
Generate list: - - - $11.00
SUBTOTAL: $
Postage: $0. $
TOTAL: $
REQUEST (only check one):
One (1) set of labels for notification of neighborhood meeting.
After submitting your land use application to the city, the project planner will review your application for completeness and
you will be notified by means of a completeness review letter. Please indicate what the completeness letter indicates you need:
Land use case number:
Type II TWO sets of envelopes
Type III or Type IV one set of envelopes (a second set may be required if the decision is appealed)
The contact person listed above will be notified of the amount to pay at the front counter in the Permit Center once the
request is processed. A printed list of all property owners within 500 feet and interested parties will be provided at time of
payment. Upon request, a PDF copy is available via email.
Topping PD Concept Plan – 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc.
Table of Contents
LIST OF EXHIBITS .............................................................................................................................................. I
APPLICATION AND SUBJECT PROPERTY SUMMARY ............................................................................... I
PROJECT DESCRIPTION ................................................................................................................................. 1
LAND USE PERMIT REQUEST: COMPREHENSIVE PLAN/ZONING MAP AMENDMENT AND
PLANNED DEVELOPMENT CONCEPT PLAN REVIEW ............................................................................... 2
APPLICABLE COMPREHENSIVE PLAN POLICIES ...................................................................................... 2
APPLICABLE METRO POLICIES ..................................................................................................................... 6
APPLICABLE STATEWIDE PLANNING GOALS AND GUIDELINES .......................................................... 7
TRANSPORTATION PLANNING RULE COMPLIANCE ................................................................................ 8
18.350 PLANNED DEVELOPMENTS ............................................................................................................... 9
18.380 ZONING MAP AND TEXT AMENDMENTS ....................................................................................... 14
18.390 DECISION MAKING PROCEDURES ................................................................................................. 16
SUMMARY AND REQUEST ............................................................................................................................ 16
Topping PD Concept Plan – 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc.
I
List of Exhibits
A Land Use Application Form
B Tax Map 1S 1 36AC
C Title Deed
D Pre-Application Conference Notes
E Neighborhood Meeting Documentation
F Impact Study (per TDC 18.390.040.B.2.e.)
G Planned Development Concept Plan
H Planned Development Concept Plan Statement
Topping PD Concept Plan – 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc.
II
Application and Subject Property Summary
SUBJECT PROPERTY: Tax Map: 1S136AC
Tax Lots: 2200, 2400, 2500
PROPERTY LOCATION: 7303 SW Spruce St.
Tigard, OR 97224
PROPOSAL: Comprehensive Plan Designation and Zoning
Map Amendment; Planned Development Overlay
Zone with Planned Development Concept Plan
Review
SITE SIZE: 1.54 Acres
EXISTING COMP. PLAN DESIGNATION:
PROPOSED COMP. PLAN
DESIGNATION:
C-P
R-12
PROPERTY OWNER:
APPLICANT:
Richard Topping & Katherine Kemp
19765 Derby St.
West Linn, OR 97068
Stafford Development Company, LLC.
485 S. State Street
Lake Oswego, OR 97034
APPLICANT’S REPRESENTATIVE: Ken Sandblast, AICP
Westlake Consultants, Inc.
15115 SW Sequoia Parkway, Suite 150
Tigard, OR 97224
Phone: 503.684.0652
Email: ksandblast@westlakeconsultants.com
Topping PD Concept Plan – 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 1
Project Description
The following is a request for approval of a Comprehensive Plan Designation and Zoning
Map Amendment from Professional Commercial, C-P, to Medium Density Residential, R-
12, and a Planned Development Overlay zone with Concept Plan review. The subject
property is three parcels totaling 1.54 acres located at 7303 SW Spruce St., 10705 SW
72nd Ave., 10735 SW 72nd Ave; Tax Map/Lot #s: 1S136AC02200, 1S136AC02400,
1S136AC02500.
In 2015, applications CPA 2015-00005 and ZON 2015-00007, requested approval of a
Comprehensive Plan Designation and Zoning Map Amendment of the subject property,
also known as “the 72nd Ave. property”, from C-P to R-12, in addition to the
Comprehensive Plan Designation and Zoning Map Amendment of another property on
Pacific Hwy W , from R-12 to C-G. Both of these applications had formal public hearings
before the Tigard Planning Commission in December of 2015 and the Tigard City
Council in January and February of 2016.
The City Council approved the Pacific Hwy W property for the zone change and
comprehensive plan amendment as proposed by CPA 2015-00005 and ZON 2015-
00007, however, “the SW 72nd property” portion of the applications was remanded to
the Planning Commission for a public hearing after completion of applicable Type III
Quasi-Judicial public notice and neighborhood meeting requirements.
Since that time, City of Tigard planning staff completeness letter dated August 25, 2016
has recommended that the property owners submit revised land use applications for a
Comprehensive Plan Designation and Zoning Map Amendment, in addition to a Planned
Development Overlay Zone with Concept Plan review, so as to provide specific and
binding land use approval for future development on the subject property.
Thus, the property owner and applicant are submitting this application to request
approval of this Comprehensive Plan Designation, Zoning Map Amendment, and
Planned Development Concept Plan review. The applicant’s proposal is in direct
response to, and acknowledgement of testimony received to date for the rezoning of the
subject property.
A neighborhood meeting was conducted on March 16, 2016. Documentation is provided
in Exhibit E. Attendees discussed the proposed zone change and comprehensive plan
amendment, in addition to the planned development concept plan.
The proposed development is consistent will all applicable provisions of the Tigard
Comprehensive Plan and the Community Development Code, in addition to Statewide
Planning Goals and Regional Regulations.
There are a total of three (3) requests for approval for the subject property:
1. CPA 2016-00002 Comprehensive Plan Amendment from Commercial
Professional to Medium Density Residential
2. ZON 2016-00001 Zone Change from C-P to R-12
3. PDR 2016-00012 Planned Development Review
Topping PD Concept Plan – 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 2
Land Use Permit Request: Comprehensive Plan/Zoning Map
Amendment and Planned Development Concept Plan
Review
This application establishes compliance with all applicable provisions of the Tigard
Comprehensive Plan and Development Code, in addition to Statewide Planning Goals
and Guidelines, and Regional Regulations,
After reviewing the record established through the City land use applications CPA 2015-
00005 and ZON 2015-00007, and attending a pre-application conference with City of
Tigard staff for this Planned Development Concept Plan application, the applicant
submits the following narrative and exhibits to request approval of a Comprehensive
Plan Designation and Zoning Map Amendment, in addition to a Planned Development
Overlay Zone with Planned Development Concept Plan review.
In order for the proposed Planned Development Concept Plan to be approved, it must
first be rezoned from Professional Commercial (C-P) to Medium Density Residential (R-
12) with a Planned Development Overlay zone and Concept Plan review.
In Table 18.390.1 of the Tigard Development Code (Summary of Permits by Type of
Decision-Making Procedure), “Zone Map/Text Change/Quasi-Judicial” is listed as a Type
IIIB Procedure pursuant to Section 18.390.050 [Type III Procedure], with a cross-
reference to Section 18.380.030 [Quasi-Judicial Amendments and Procedures to this
Title and Map].
Separately, TDC Section 18.380.030 provides that “Quasi-judicial zoning map
amendments shall be undertaken by means of a Type III-PC procedure, as governed by
Section 18.390.050 [Type III Procedure].
Applicable Comprehensive Plan Policies
Chapter 1: Citizen Involvement
In an effort to promote citizen involvement, greater notice and procedural protections,
the applicant proposes that this quasi-judicial zoning map amendment be undertaken by
means of Type III-PC procedure per TDC Section 18.280.030.
The proposed development supports Goal 1.1 “Provide citizens, affected agencies, and
other jurisdictions the opportunity to participate in all phases of the planning process”, as
well as Goal 1.2 “to ensure all citizens have access to: A. opportunities to communicate
directly to the City; and B. information on issues in an understandable form”.
Through the required review and approval process, citizens, affected agencies, and
other jurisdictions are provided the opportunity to be involved, including:
- A neighborhood meeting for this PD Concept Plan application on March 16, 2016
- Public hearings for the Planning Commission and City Council
- Public notice and property sign posting
- Posting on notice board at City Hall
- Posting on City’s website
Chapter 2: Land Use Planning
The subject property is predominantly flat, with a slope of approximately 5%. There are
no sensitive natural resources on the subject property. As per Policy 15.F. the proposed
Topping PD Concept Plan – 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 3
development will be compatible with the environmental conditions and surrounding land
uses. As per Policy 15.G. the proposed rezoning will not detract from the viability of the
City’s natural systems.
The proposed development satisfies Policy 6, as the rezoning of the subject property to
medium-density residential would allow for a needed increase in the variety of housing
options available to the citizens of Tigard. The proposed zone change would allow for
smaller lot sizes, higher density, and more affordable housing options, thus promoting a
greater level of financial stability among the citizens of Tigard.
The proposed zone change allows for increased compatibility with adjacent land uses,
and will be developed in conformance with R-12 development standards. There is no
overlay district on the subject property. Therefore, the proposed development satisfies
Policy 15.E.
In support of Policy 15.C. and Policy 15.D. the proposed rezoning satisfies a need for
property zoned R-12. In 2013 the City Council adopted a Housing Strategies report
prepared by Angelo Planning Group and Johnson & Reid in support of the Periodic
Review update to Goal 10, Housing. This report illustrated that at that time the city had
nearly twice as much buildable land in areas zoned R-7 (72.1 net buildable acres) than
in areas zoned R-12 (36.7 net buildable acres). The report analyzed the city’s current
and future housing needs, which included the following conclusion: “In general, there is a
need for some less expensive ownership units and rental units”. Thus, there is an
insufficient amount of developable land zoned R-12, and the rezoning of the subject
property would satisfy Policy 15.C. by fulfilling a proven community need for a wider
range of housing options and prices available in the City.
While the need for developable land zoned R-12 is present throughout the entire City of
Tigard, the proposed development would also satisfy needs apparent in the
neighborhood surrounding the subject property. The properties to the north and west are
predominantly low-density residential, however, commercial development to the south of
the subject property has increased in past decades. The proposed rezoning would allow
the medium-density residential property to act as a buffer between existing low-density
residential properties, and increasing commercial developments to the south. Roadways
will be widened to include parking lanes, street trees and sidewalks, improving the
quality of the adjacent streetscape and the pedestrian environment. Furthermore, 23.8%
of the proposed development is compromised of open space tracts which will abut
neighboring residential properties, and act as further buffer between existing residential
and commercial developments. This will fulfill the neighborhood’s need for a residential
buffer, while promoting natural open space and pedestrian connectivity, in addition to
preserving the existing aesthetic of the surrounding neighborhood.
The applicant has also reviewed the Recommended Action Measures and has found the
proposed development, and subsequent residential buffer would be consistent with
Recommended Action Measure iii, as the proposed development fulfills each example of
“preserving and enhancing the quality and character of Tigard’s residential districts”,
including: “infill development, mitigating impacts of adjacent dissimilar land uses,
improving quality of streetscapes and the pedestrian environment, and providing greater
access to open space”.
Public services such as stormwater, water and sanitary sewer will connect to the existing
infrastructure. As per Policy 15.A. and 15.B. the proposed development will not exceed
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capacity of any public facilities or services in the area, nor will the proposed
development require or result in any changes to the functional classification of any
transportation facility. The proposed R-12 zoning of the subject property will result in
future traffic volumes and access in a manner consistent with the functional classification
of SW 72nd Ave., which is classified as a local street, and SW Spruce Street, which is
classified as a neighborhood route. There is presently sufficient capacity in the
transportation system to serve the proposed development. ODOT’s trip generation
analysis for the subject property (ODOT Comment letter, dated December 2, 2015)
showed a reduction of trips, from 220 PM trips under the current C-P zone to 43 PM trips
under the proposed R-12 zone. Therefore, a determination of no significant adverse
effect on the transportation system can be made for the proposed development.
In summation, there are no sensitive natural resources on the subject property. The
proposed development is compatible with environmental conditions and surrounding
land uses, and will not detract from the viability of the City’s natural systems. The
proposed zone change allows for increased compatibility with adjacent land uses, and
will be developed in conformance with R-12 development standards. The rezoning of the
subject property to R-12 would satisfy a needed increase in the variety of housing
options available to citizens of Tigard. Furthermore, the proposed zone change would
satisfy a need for a residential buffer in the surrounding neighborhood. Public services
such as stormwater, water and sanitary sewer will connect to the existing infrastructure.
The proposed development will not exceed capacity of any public facilities or services in
the area, nor will it negatively affect existing or planned transportation or other public
facilities or services.
Chapter 10: Housing
The subject property was annexed in 2006 (ZCA 2006-00003), which changed the
Washington County comprehensive plan and zoning designation from Commercial
Office (OC) to the City of Tigard’s Professional Commercial (C-P) zone, the zone most
closely implementing the County’s plan map designation. However, since the subject
property’s annexation in 2006, the City’s need for residential property zoned R-12 has
increased.
In February 2016, in response to CPA 2015-00005 & ZON 2015-00007, the City Council
approved the rezoning of a 1.37 acre site on Pacific Hwy W from R-12 to C-G, yet
remanded the rezoning of the subject property from C-P to R-12. Thus, the City suffered
a loss of 1.37 acres of residential property zoned R-12. Medium-density residential
properties are important to the ongoing implementation of the City’s housing policies, for
a number of reasons, including growth in population of the City of Tigard, and a need for
flexibility in allowable and available housing types, so as to provide a level of affordability
for first time home buyers, singles and retirees, as well as other members of the
populace who desire more affordable housing options in Tigard’s neighborhoods.
The population of Tigard has increased by 6.6% since 2010 (United States Census
Bureau). With this increase in population, the demand for housing continues to grow,
particularly the need for residential properties zoned with the flexibility necessary to
promote a level of affordability.
Approval of the proposed zone change to R-12 and planned development concept plan
satisfies a need for smaller lot sizes and higher densities within the Urban Growth
Boundary, in satisfaction of the City’s Housing Goal 10.1 to “provide opportunities for a
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variety of housing types at a range of price levels to meet the diverse housing needs of
current and future City residents”.
Furthermore, as the proposed zone change would allow for smaller lot sizes, higher
density, and more affordable housing options, the proposed development would promote
a greater level of financial stability among the citizens of Tigard. Thus, the proposed
development satisfies Policy 1, which states that “the City shall adopt and maintain land
use policies, codes and standards that provide opportunities to develop a variety of
housing types that meet the needs, preferences, and financial capabilities of Tigard’s
present and future residents”.
Additionally, the applicant has reviewed the Recommended Action Measures and has
found that the rezoning and development of the subject property supports the following
measures. The proposed development supports Recommended Action Measure vi. by
promoting the development of a broader range of housing choices in proximity to a major
activity center. In this case, a medium-density residential development in close proximity
to increased commercial development along SW Pacific Hwy, south of the subject
property.
As previously mentioned, the Housing Strategies report adopted by the City Council in
2013 analyzed the city’s current and future housing needs, which included the following
conclusion: “In general, there is a need for some less expensive ownership units and
rental units”. Aligned with this Housing strategies report, Recommended Action Measure
xvi. seeks to “provide opportunities for affordable home ownership by: adapting the
City’s land use program to allow for development of a variety of residential building types
and ownership arrangements”. The proposed development supports the goals of both
the Housing Strategies report, as well as Recommended Action Measure xvi. by allowing
for more flexible development, a wider range of building types, and more affordable
housing options, which take into account the housing needs of all of Tigard’s citizens.
The proposed development also satisfies Goal 10.2, to “Maintain a high level of
residential livability”. The rezoning of the subject property will allow the proposed
medium-density residential property to serve as a residential buffer. Presently, properties
to the north and west of the subject property are zoned predominantly low-density
residential. However, since the subject property’s annexation and zoning designation in
2006, commercial development to the south of the subject property has increased. This
commercial development has necessitated a buffer to preserve the character of the
existing neighborhood to the west and north of the subject property. The proposed R-12
zoning and planned development with open space tracts abutting neighboring residential
properties would provide a significant buffer for existing residential properties in the
surrounding area; serving to alleviate the effects of commercial development, such as
increasing noise levels and declining neighborhood aesthetics, while promoting the use
of open space in residential neighborhoods. Thus, the proposed development supports
Goal 10.2, as well as policy 1, which states that “the City shall adopt measures to protect
and enhance the quality and integrity of its residential neighborhoods”.
The proposed development also supports Policy 8 by offering measures to “mitigate the
adverse impacts from differing, or more intense, land uses on residential living
environments”. Policy 8 offers three examples of the mitigation of adverse impacts on
residential living environments; the proposed development employs all three examples,
as follows: (1) the rezoning of the subject property would offer a smoother transition from
lower-density residential properties to commercial development; (2) the proposed
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development is 23.8% open space; proposed open space tracts abut neighboring
residential developments, and seek to protect existing vegetation and natural resources,
while promoting open space in the neighborhood; (3) the proposed medium-density
development and open spaces will serve as a buffer between existing low-density
residential homes and commercial development.
For similar reasons as to its support of Policy 8, the proposed development also
supports Recommend Action Measure vi. by enhancing livability for Tigard residents
presently living near major streets, by use of “appropriate setbacks, buffering and
screening, noise mitigation, building orientation, landscaping etc.”
In summation, the proposed development supports Goal 10.1 by allowing for diversified
housing types, as well as financially sound housing options, in an effort to “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”. Approval of the proposed zone
change to R-12 and planned development concept plan satisfies a need for smaller lot
sizes, higher densities, and more affordable housing options, thus promoting a greater
level of financial stability among the citizens of Tigard. While there is a need for property
zoned R-12 in the City of Tigard; moreover, there is a need for the subject property to be
zoned R-12. In support of Goal 10.2, the proposed medium-density residential zoning
and open space tracts, will allow the subject property to serve as a buffer for existing
residential properties; alleviating the effects of commercial development, while promoting
open space and neighborhood connectivity.
Applicable Metro Policies
Urban Growth Management Functional Plan
Title 1: Housing Capacity
Pursuant to Title 1: Housing Capacity, “the regional framework plan calls for a compact
urban form and a “fair-share” approach to meeting regional housing needs”. The
rezoning of the subject property supports the “fair-share” approach of Title 1, while
combating future Tigard population growth, development, and a need for a variety of
housing types.
Furthermore, Title 1 addresses that its purpose is to “accomplish these policies by
requiring each city and county to maintain or increase its housing capacity”. As
previously referenced, the Housing Strategies report adopted by the City Council in
2013, confirms that the City of Tigard has as deficit of developable land zoned R-12.
Thus, the proposed development would support Metro Regulation Title 1: Housing
Capacity by prompting the City to increase its housing capacity where a notable
inadequacy has been observed.
Title 7: Housing Choice
Pursuant to Title 7: Housing Choice, the Regional Framework Plan calls for Cities within
the Metro region to ensure their comprehensive plan and ordinances promote “strategies
to ensure a diverse range of housing types within their jurisdictional boundaries”.
Furthermore, the Regional Framework Plan requires Cities “include plan policies,
actions, and implementation measures aimed at increasing opportunities for households
of all income levels to live within their individual jurisdictions in affordable housing”.
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Thus, the rezoning and development of the subject property supports the Urban Growth
Management Functional Plan by fulfilling the City of Tigard’s need for a more diversified
range of housing types and affordable housing options within its jurisdictional
boundaries.
Title 12: Protection of Residential Neighborhoods
The intent of the Urban Growth Management Functional Plan Title 12: Protection of
Residential Neighborhoods is to “protect the region’s residential neighborhoods”. While
the subject property has been zoned C-P since its annexation in 2006, neighboring
properties to the north and west are mostly low-density residential. However, properties
to the south of the subject property, south of SW Spruce St., are predominantly
commercial developments, most notably a large Fred Meyer grocery store. These
commercial developments have necessitated a buffer to preserve the character of
existing neighborhoods to the west and north of the subject property. The proposed
rezoning of the subject property to R-12 and planned development with open space
tracts abutting neighboring residential properties would provide a significant buffer for
existing residential properties in the surrounding area; serving to alleviate the effects of
commercial development, such as increasing noise levels and declining neighborhood
aesthetics, while promoting the use of open space in residential neighborhoods. In
summation the proposed rezoning would serve to protect residential neighborhoods in
the vicinity of the subject property, while upholding the Urban Growth Management
Functional Plan Title 12: Protection of Residential Neighborhoods.
Applicable Statewide Planning Goals and Guidelines
As the City of Tigard’s Comprehensive Plan incorporates Statewide Planning Goals and
Guidelines, the proposed development’s compliance with all applicable Comprehensive
Plan Policies, demonstrates its compliance with all Statewide Planning Goals and
Guidelines. The applicant’s review of applicable Statewide Planning Goals and
Guidelines is detailed as follows:
Goal 1: Citizen Involvement
As per OAR 660-015-0000(1) the applicant has sought to involve citizens in all phases of
the planning process.
Through the required review and approval process, citizens, affected agencies, and
other jurisdictions are provided the opportunity to be involved, including:
- A neighborhood meeting for this PD Concept Plan application on March 16, 2016
- Public hearings for the Planning Commission and City Council
- Public notice and property sign posting
- Posting on notice board at City Hall
- Posting on City’s website
Goal 10: Housing
As per OAR 660-015-0000(10) of Oregon’s Statewide Planning Goals and Guidelines,
the proposed development supports the State’s goal to implement plans which
“encourage the availability of adequate numbers of needed housing units at price ranges
and rent levels which are commensurate with the financial capabilities of Oregon
households and allow for flexibility of housing location, type, and density”.
As previously referenced, the Housing Strategies report adopted by the City Council in
2013, stated “… there is a need for some less expensive ownership units and rental
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units”. Thus, as the City has an inadequate amount of developable land zoned R-12, the
proposed rezoning of the subject property would serve to alleviate this deficit, while
upholding the State’s Goal 10: Housing by encouraging the development and availability
of more diversified housing types, as well as greater flexibility in regards to residential
density and price ranges.
Transportation Planning Rule Compliance
The City of Tigard 2035 TSP predicts a growth in households of 8,911 homes and a
growth in employment of 24,829 jobs between 2005 and 2035. The following, Figure 4-4
Forecast Employment Growth 2005 to 2035, is found in Section 4 Development of the
2035 City of Tigard TSP.
The City of Tigard 2035 TSP states that “Figure 4-4 shows that the areas anticipated for
the most employment growth are concentrated along Highway 217 including the areas
around Washington Square Regional Center, downtown, the Tigard Triangle and Pacific
Highway”. The subject property, located just north of the Tigard Triangle and Pacific
Highway, is identified has having an anticipated increase of 3 to 5 jobs per acre.
The City of Tigard 2035 TSP, also states that the “City of Tigard plans for increased
residential and commercial density in Downtown Tigard”. Thus, the subject property,
located within an area anticipating increased commercial development, would better
serve future Tigard citizens if developed under medium-density residential zoning
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standards. The property would be better suited zoned medium-density residential in
anticipation of future changes in the neighborhood, particularly due to the subject
property’s close proximity to increasing commercial development and public
transportation. There is a bus stop located on Pacific Hwy W approximately .2 miles from
the subject property. Additionally, the Tigard Transit Center at 8960 SW Commercial
Street, is 1.5 miles southwest of the subject property via Pacific Hwy W, and houses
seven bus lines, as well as the WES commuter train connection.
As per OAR 660-12-0060, the proposed amendment to the Comprehensive Plan is
consistent with the functional classification, capacity and level or service of the existing
transportation system.
The proposed development of the subject property will not require or result in any
changes to the functional classification of existing and planned transportation facilities,
nor would it require a change to the standards implementing the functional classification
system.
Furthermore, the types and levels of travel and access proposed are consistent with the
functional classification of all existing and planned transportation facilities. The proposed
R-12 zoning of the subject property will result in future traffic volumes and access in a
manner consistent with the functional classification of SW 72nd Ave., which is classified
as a local street, and Spruce Street, which is classified as a neighborhood route.
ODOT’s trip generation analysis for the subject property (ODOT Comment letter, dated
December 2, 2015) showed a reduction of trips, from 220 PM trips under the current C-P
zone to 43 PM trips under the proposed R-12 zone. Therefore, a determination of no
significant adverse effect on the transportation system can be made for the subject
property.
18.350 Planned Developments
18.350.010 Purpose
A. The purposes of the planned development overlay zone are:
1. To provide a means for property development that is consistent with Tigard’s
Comprehensive Plan through the application of flexible standards which consider
and mitigate for the potential impacts to the city; and
2. To provide such added benefits as increased natural areas or open space in the
city, alternative building designs, walkable communities, preservation of
significant natural resources, aesthetic appeal, and other types of assets that
contribute to the larger community in lieu of strict adherence to many of the rules
of the Tigard Community Development Code; and
3. To achieve unique neighborhoods (by varying the housing styles through
architectural accents, use of open space, innovative transportation facilities)
which will retain their character and city benefits, while respecting the
characteristics of existing neighborhoods through appropriate buffering and lot
size transitioning; and
4. To preserve to the greatest extent possible the existing landscape features and
amenities (trees, water resources, ravines, etc.) through the use of a planning
procedure (site design and analysis, presentation of alternatives, conceptual
review, then detailed review) that can relate the type and design of a
development to a particular site; and
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5. To consider an amount of development on a site, within the limits of density
requirements, which will balance the interests of the owner, developer,
neighbors, and the city; and
6. To provide a means to better relate the built environment to the natural
environment through sustainable and innovative building and public facility
construction methods and materials. (Ord. 06-16)
Response: The proposed development satisfies the standards of Tigard’s
Comprehensive Plan. The rezoning of the subject property to R-12 allows the subject
property to serve as a buffer between existing low-density residential properties to the
north and west of the subject property and commercially zoned properties to the south of
the subject property. Additionally, the proposed development includes two open space
tracts totaling .31 acres which will preserve existing conditions and natural resources,
including an existing oak tree in the northwest corner of the subject property. Open
space will promote natural amenities and provide a more walkable community, while
serving as a transition between surrounding low-density residential properties and
existing commercial properties.
Furthermore, while serving as a significant buffer for the surrounding residential
community, the subject property will provide housing styles and types which are
currently needed in the Tigard community. Although the proposed development includes
smaller lot sizes and higher densities than that of surrounding properties, this variety is
necessary to accommodate the diversity of individuals living in Tigard’s communities. As
such, the proposed development supports the City’s Housing Goal 10.1 to “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”.
18.350.20 Process
A. Applicable in all zones. The planned development designation is an overlay zone
applicable to all zones. An applicant may elect to develop the project as a
planned development, in compliance with the requirements of this chapter, or in
the case of a commercial or industrial project an approval authority may apply the
provisions of this chapter as a condition of approving any application for the
development. Planned Developments 18.350-2 AP Update: 2/14
B. Elements of approval process. There are three elements to the planned
development approval process, as follows:
1. The approval of the planned development concept plan;
2. The approval of the detailed development plan; and
3. The approval of the planned development overlay zone.
C. Decision-making process.
1. The concept plan shall be processed by means of a Type III-PC
procedure, as governed by Section 18.390.050, using approval criteria
contained in Section 18.350.050.
2. The detailed development plan shall be reviewed by a means of a Type
III-PC procedure, as governed by Section 18.390.050, to ensure that it is
substantially in compliance with the approved concept plan.
3. The planned development overlay zone will be applied concurrently with
the approval of the detailed plan.
4. Applicants may choose to submit the concept plan and detailed plan for
concurrent review subject to meeting all of the approval criteria for each
approval. All applicants are advised that the purpose of separating these
applications is to provide them clear direction in developing the detailed
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plans. Rejection of the concept plan will result in a corresponding
rejection of the detailed development plan and overlay zone.
5. In the case of an existing planned development overlay zone, once
construction of the detailed plan has been completed, subsequent
applications conforming to the detailed plan shall be reviewed under the
provisions required in the chapter which apply to the particular land use
application.
6. If the application involves subdivision of land, the applicant may also
apply for preliminary plat approval and the applications shall be heard
concurrently with the detailed plan.
D. Concurrent applications for concept plan and detailed plan. In the case of concurrent
applications for concept plan and detailed development plan, including subdivision
applications, the applicant shall clearly distinguish the concept from the detailed plan.
The Planning Commission shall take separate actions on each element of the
planned development application (i.e., the concept approval must precede the
detailed development approval); however each required action may be made at the
same hearing. (Ord. 06-16)
Response: This application contains a request for the approval of a Planned
Development Concept Plan. The Planned Development Concept Plan is shown in
Exhibit G.
18.350.040 Concept Plan Submission Requirements
A. General submission requirements. The applicant shall submit an application
containing all of the general information required for a Type III-PC procedure, as
governed by Section 18.390.050 and the additional information required by
subsection B of this section. In addition, the applicant shall submit the following:
1. A statement of planning objectives to be achieved by the planned development
through the particular approach proposed by the applicant. This statement should
include:
a. A description of the character of the proposed development and the rationale
behind the assumptions and choices made by the applicant;
b. An explanation of the architectural style, and what innovative site planning
principles are utilized including any innovations in building techniques that will
be employed;
c. An explanation of how the proposal relates to the purposes of the planned
development chapter as expressed in Section 18.350.010; and
d. An explanation of how the proposal utilized the “Planning Commissioner’s
Toolbox.”
2. A general development schedule indicating the approximate dates when
construction of the planned development and its various phases are expected to
be initiated and completed.
3. A statement of the applicant’s intentions with regard to the future selling or
leasing of all or portions of the planned development. In the case where a
residential subdivision is proposed, the statement shall include the applicant’s
intentions whether the applicant will build the homes, or sell the lots to other
builders.
Response: Exhibit H contains the Planned Development Concept Plan Statement,
which explains the proposed development and how it meets the intent of the Planned
Development criteria. With approval of this application for a Planned Development
Concept Plan, the property owner and applicant intend to proceed with preparation and
approval of a Detailed Development Plan and Land Division Application approval
followed by construction of the planned development improvements and the building of
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residential homes on the subject property in the latter half of 2017. The applicant intends
to build the homes as part of completing the planned development and to sell the homes
to Tigard citizens.
B. Additional information. In addition to the general information described in subsection
A of this section, the concept plan, data, and narrative shall include the following
information, the detailed content of which can be obtained from the director:
1. Existing site conditions;
2. A site concept including the types of proposed land uses and structures,
including housing types, and their general arrangement on the site;
3. A grading concept;
4. A landscape concept indicating a percentage range for the amount of proposed
open space and landscaping, and general location and types of proposed open
space(s);
5. An urban forestry plan consistent with Chapter 18.790;
6. Parking concept;
7. A sign concept;
8. A streets and utility concept; and
9. Structure setback and development standards concept, including the proposed
residential density target if applicable
Response: The Concept Development Plan in Exhibit G is a site concept plan including
proposed land uses and open space tracts. As the proposed development is for a single
family residential subdivision, off street parking requirements will be provided by
driveways on each lot.
Future development of existing rights-of-way of SW Spruce St. and SW 72nd Ave. will
include the widening of the public right-of-way to accommodate a parking lane. SW
Spruce St. and SW 72nd Ave. will have right-of-way dedications of 27 feet from the
centerline and 16 feet of pavement from the centerline, in addition to curbs, 5 foot
sidewalks, and 5 foot planting strips with street trees. The proposed 30 foot wide private
drive will serve four lots and will have 24 feet of pavement from the centerline, as well as
curbs and five foot sidewalks.
While setbacks and building heights of development on the subject property were of
concern to surrounding property owners, development intensity is more intense in the C-
P zone, thus the proposed zone change would allow development more compatible with
the surrounding neighborhood. The rezoning of the subject property to R-12 would
require reduced building heights (C-P: 45 feet; R-12: 35 feet), increased minimum
landscape requirements (C-P: 15%; R-12: 20%), increased lot coverage limitations (C-P:
85%; R-12: 80%), as well as minimum setback standards that are more compatible with
surrounding residential properties.
18.350.050 Concept Plan Approval Criteria
A. The concept plan may be approved by the commission only if all of the following
criteria are met:
1. The concept plan includes specific designations on the concept map for areas of
open space, and describes their intended level of use, how they relate to other
proposed uses on the site, and how they protect natural features of the site.
2. The concept plan identifies areas of trees and other natural resources, if any, and
identifies methods for their maximized protection, preservation, and/or
management.
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Response: The Concept Development Plan in Exhibit G illustrates the proposed
development’s two open space tracts totaling .31 acres, and their relationship to other
uses on the subject property. There are no wetlands or sensitive areas on the subject
property. All existing trees on the subject property have been identified (see Concept
Development Plan, Exhibit G).
3. The concept plan identifies how the future development will integrate into the
existing neighborhood, either through compatible street layout, architectural style,
housing type, or by providing a transition between the existing neighborhood and
the project with compatible development or open space buffers.
Response: While the subject property was zoned C-P at the time of its annexation in
2006, the surrounding community has changed in the past decade. Properties to the
north of the subject property have remained primarily low-density residential, however,
commercial development to the south of the subject property has increased. The
proposed R-12 zoning of the subject property would provide a significant buffer between
the commercially zoned properties to the south, and low-density residential properties to
the north and west.
The proposed Planned Development Subdivision is designed around the existing
transportation network, and will not require or result in any changes to the functional
classification of the transportation system in the vicinity of the subject property. In an
effort to promote access on a roadway with a higher functional classification, the majority
of lots take access on SW Spruce St. (neighborhood route), rather than SW 72nd (local
street).
A total of eighteen lots and two open space tracts are proposed. Eleven lots will have
frontage on SW Spruce St., three lots will have frontage on SW 72nd Ave, and four lots
will have frontage on the proposed private drive. The private drive runs north to south in
the middle of the subject property, ending at an open space tract on the subject
property’s northern boundary.
As shown on the Concept Development Plan in Exhibit G, the layout of the proposed
development concentrates homes to SW Spruce St., SW 72nd Ave. and the proposed
private drive, while preserving two open space tracts totaling .31 acres on the northern,
western and eastern property boundaries. These open space tracts will serve as an
additional buffer between the existing low-density residential and commercial uses.
4. The concept plan identifies methods for promoting walkability or transit ridership,
such methods may include separated parking bays, off street walking paths,
shorter pedestrian routes than vehicular routes, linkages to or other provisions for
bus stops, etc.
Response: The future development of the site with street improvements on SW Spruce
St. and SW 72nd Ave. will reduce an existing lack of parking in the surrounding area by
including the widening of roadways for parking lanes. Proposed sidewalks and planter
strips will promote a more walkable neighborhood. The preservation of two open space
tracts will provide an opportunity for increased livability and neighborhood connectivity.
5. The concept plan identifies the proposed uses, and their general arrangement on
site. In the case of projects that include a residential component, housing type,
unit density, or generalized lot sizes shall be shown in relation to their proposed
location on site.
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Response: The Concept Development Plan in Exhibit G illustrates the proposed
arrangement of lots and their relationship to open space tracts on the subject property.
6. The concept plan must demonstrate that development of the property pursuant to
the plan results in development that has significant advantages over a standard
development. A concept plan has a significant advantage if it provides
development consistent with the general purpose of the zone in which it is
located at overall densities consistent with the zone, while protecting natural
features or providing additional amenities or features not otherwise available that
enhance the development project or the neighborhood. (Ord. 12-09 §1; Ord. 06-
16)
Response: The proposed concept plan would provide a density consistent with the R-12
zone. Two open space tracts comprising 23.8% of the subject property are proposed;
their design will preserve an existing oak tree in the northwest corner of the subject
property, while providing natural amenities, promoting pedestrian connectivity within the
area and serving as buffer between existing residential and commercial developments in
the surrounding area.
18.380 Zoning Map and Text Amendments
18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map
B. Standards for making quasi-judicial decisions. A recommendation or a decision to
approve, approve with conditions or to deny an application for a quasi-judicial
amendment shall be based on all of the following standards:
1 Demonstration of compliance with all applicable comprehensive plan policies
and map designations;
Response: The applicant has demonstrated compliance with all applicable
comprehensive plan policies and map designations via this narrative.
2. Demonstration of compliance with all applicable standards of any provision of
this code or other applicable implementing ordinance; and
Response: The applicant has demonstrated compliance with all applicable standards
of the Tigard Development Code via this narrative.
3. Evidence of change in the neighborhood or community or a mistake or
inconsistency in the comprehensive plan or zoning map as it relates to the
property which is the subject of the development application.
Response: Since the subject property’s annexation and zoning in 2006, the surrounding
neighborhood has undergone a number of changes, including:
Need for Residential Buffer:
The properties to the north and west of the subject property are predominantly low-
density residential zoning; however, there has been an increase in commercial uses to
the south of the subject property, south of SW Spruce St, most notably a large Fred
Meyer grocery store. These residential and commercial developments have necessitated
a need for a buffer. The R-12 zoning of the subject property and proposed open space
tracts abutting neighboring low-density residential properties will provide a significant
buffer, preserving the neighborhood’s aesthetic conformity while transitioning between
residential and commercial properties.
Need for Properties Zoned R-12:
Topping PD Concept Plan – 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 15
Given the variety of permitted housing types, property zoned R-12 is of increasing
importance in the City of Tigard to insure the availability of affordable housing. With a
minimum lot size of 3,050 S.F. the R-12 zone provides the flexibility necessary to meet
the housing type preferences and financial capabilities of Tigard’s present and future
residents.
Since the subject property’s annexation and zoning in 2006, properties zoned R-12 have
been developed in the surrounding area; R-12 zoning of residential property in the area
is ideal due to the proximity of services and transit options. White Oak Village, an R-12
zoned subdivision, located 2/10ths of a mile southwest of the subject property at SW 74th
Ave. north of SW Pacific Highway W, was developed in 2008.
While proposed lot sizes on the Planned Development Concept Plan are smaller than
that of adjacent properties, the trend in the market and development in the community as
a whole is progressing towards smaller lots, in an effort to satisfy the demand for
affordable housing in the region.
Increased Population:
The population of Tigard has increased by 6.6% since 2010 (United States Census
Bureau). This influx in population has generated an increased need for housing in the
City of Tigard. In particular, there is presently a deficit in the availability of affordable
housing in the City of Tigard. The zoning of the subject property R-12, would offset the
City’s growth in population and subsequent need for residential properties, as well as a
variety of housing types and prices.
Increased Traffic:
Increases in population and commercial and residential development have led to a raise
in traffic. While increased traffic is clearly an issue effecting property’s owners in the
vicinity of the subject property, an ODOT Trip Generation Analysis stipulates that the
proposed zone change of the subject property from C-P to R-12 will result in a reduction
of 220 PM trips to 43 PM trips. Thus, the rezoning of the subject property to R-12 will
help curb increasing traffic in the neighborhood. Furthermore, the proposed development
includes future street improvements to SW Spruce St. and SW 72nd Ave. which will
reduce an existing lack of parking in the surrounding area by including the widening of
roadways and addition of parking lanes.
Need for Open Space:
As noted via general development patterns in the area and public comment testimony
received through CPA 20015-00005 & ZON 2015-00007 public hearings there is an
increased need for open space in the surrounding neighborhood. As depicted on the
submitted Planned Development Concept Plan, the two proposed open space tracts
created through approval of this application comprise approximately 23.8% of the
subject property and will preserve natural open space and promote pedestrian
connectivity.
Conclusion:
Since the subject property’s annexation and zoning in 2006, the surrounding
neighborhood has undergone a number of changes including: an increase in commercial
properties and a subsequent need for a residential buffer, an increased need for
properties zoned R-12, an increase in population, an increase in traffic and an increased
need for open space. For these reasons, there is evidence of a change in the subject
property neighborhood and this criterion is satisfied.
Topping PD Concept Plan – 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 16
18.390 Decision Making Procedures
18.390.050 Type III Procedure
A. Preapplication conference. A preapplication conference is required for Type III
actions. Preapplication conference requirements and procedures are set forth in Section
18.390.080.C.
Response: Two pre-application conferences took place in March 2015 and August of
2015 as part of CPA 2015-00005 and ZON 2015-00007. A separate pre-application
meeting for this Comrehensice Plan Designation, Zoning Map Amendment, and Planned
Development Concept Plan application for the subject property was held on February
16, 2016. Notes and associated documents provided by City staff are attached in Exhibit
D.
B. Application requirements.
2. Application forms. Type III applications shall be made on forms provided by the
director as provided by 18.390.080.E.1.
3. Content. Type III applications shall:
a. Include the information requested on the application form;
b. Address the relevant criteria in sufficient detail for review and action;
c. Be accompanied by the required fee;
d. Include two sets of pre-stamped, pre-addressed envelopes for all persons
who are property owners of record as specified in subsection C of this
section. The records of the Washington County Department of Assessment
and Taxation shall be the official records for determining ownership. The
applicant shall demonstrate that the most current assessment records have
been used to produce the notice list;
e. Include an impact study. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a
minimum, the transportation system, including bikeways, the drainage
system, the parks system, the water system, the sewer system, and the noise
impacts of the development. For each public facility system and type of
impact, the study shall propose improvements necessary to meet city
standards and to minimize the impact of the development on the public at
large, public facilities systems, and affected private property users. In
situations where the community development code requires the dedication of
real property interests, the applicant shall either specifically concur with the
dedication requirements, or provide evidence which supports the conclusion
that the real property dedication requirement is not roughly proportional to the
projected impacts of the development.
Response: This application and supporting materials have been prepared using the
forms and instructions provided by City staff. A copy of the Land Use Application is
provided in Exhibit A. This narrative document cites and quotes applicable Tigard
Development Code provisions and provides Responses from the Applicant, with
evidence and explanation of how all applicable approval criteria have been met. The
Applicant has provided a request for mailing labels from the City of Tigard with the
application, in Exhibit E. The Applicant has also provided an Impact Study, in Exhibit F.
These provisions have been satisfied.
Summary and Request
With submittal of this application narrative, exhibits and supplemental evidence, the
Applicant demonstrates that the proposed Comprehensive Plan Designation, Zoning
Topping PD Concept Plan – 7303 SW Spruce St. Tigard, OR 97224 WESTLAKE CONSULTANTS, Inc. 17
Map Amendment and Planned Development Overlay zone with Concept Plan review
comply with all applicable standards and approval criteria; therefore the applicant
respectfully requests approval of this Land Use application.
City of Tigard
COMMUNITY DEVELOPMENT DEPARTMENTMaster Land Use Application
Land use appLiCaTion Type
Adjustment/Variance (II) Minor Land Partition (II)
Comprehensive Plan Amendment (IV) Planned Development (III)
Conditional Use (III) Sensitive Land Review (II or III)
Development Code Amendment (IV) Site Development Review (II)
Downtown Design Review (II, III) Subdivision (II or III)
Historic Overlay (II or III) Zone Change (III)
Home Occupation (II) Zone Change Annexation (IV)
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: ________________________________________________
City of Tigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2
FoR sTaFF use onLy
Case No.: _________________________
Related Case No.(s): _________________
Application Fee: ____________________
Application accepted:
By: ____________ Date: ____________
Application determined complete:
By: ____________ Date: ____________
I:\CURPLN\Masters\Land Use Applications Rev. 11/25/2014
Tax Map: 1S136AC Tax Lots: 2200, 2400, 2500
1.54 acres C-P
4855 S. State St.
Lake Oswego, OR 97034
18 lot Planned Development Subdivision north of SW Spruce St. and west off SW 72nd Ave.
SW Spruce St. & SW 72nd Ave.
Stafford Development, LLC.
Morgan Will
morgan@staffordlandcompany.com
(503) 939 - 3902
(503) 305 - 7647
PRE-APPLICATION NOTES FOR
COMPREHENSIVE PLAN & ZONING MAP AMENDMENT
February 16, 2016
STAFF PRESENT: Gary Pagenstecher, Tom McGuire,
APPLICANT: Levi Levasa, Stafford Land Company, Richard Topping, Owner
PROPERTY LOCATION: 7303 SW Spruce St., 10705 SW 72nd Ave., 10735 SW 72nd Ave.
TAX MAP/ LOT #’s: 1S136AC02200, 1S136AC02400, 1S136AC02500
PROPOSAL DESCRIPTION:
The City’s Comprehensive Plan Amendment (CPA) 2015-00005/Zone Change (ZON) 2015-00007
application was heard by the City Council and remanded to the Planning Commission for “Site A”, the
subject site for this new application. This new application, with the subject property
owner/representative as co-applicant, will be for a Comprehensive Plan/Zoning Map Amendment to
change the Comprehensive Plan Designations and Zoning Map Classifications of the subject property
from Professional Commercial, C-P, to Medium Density Residential, R-12 (as before), and for PD
Overlay zone with Planed Development Concept Plan review (in addition).
As co-applicant, the city offers to attend the neighborhood meeting, support the comp plan/zone
change on remand, and fill its normal role in development review. As co-applicant, the owner/rep will
be responsible for all application submittal materials including a narrative addressing all applicable
review criteria, noticing and holding the neighborhood meeting, and paying the planned development
Concept Plan fee.
COMP PLAN DESIGNATIONS: Existing: Professional Commercial; Proposed: Medium Density
Res
ZONING: Existing: CP; Proposed: R-12
NEIGHBORHOOD MEETING
A neighborhood meeting is required for a quasi-judicial zoning map amendment.
NARRATIVE
Include a narrative that responds to the applicable review criteria. Provide background and findings of
fact as to why the comprehensive plan amendment and zoning map amendment are necessary, or what
public benefit is being promoted. Note: The list of specific goals and standards below is intended to
provide guidance in preparation of your application, and that additional criteria may be identified
dependant upon the nature of the specific application, or as other issues are raised. This is not an
exhaustive list of all criteria. It is the applicant’s responsibility to ensure that all applicable standards
are met.
APPLICABLE CRITERIA
18.350 Planned Development
Chapter sections 18.350.010 through 18.350.050 for application for Planned Development Concept
Plan approval.
2
18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map
A. Quasi-judicial amendments. Quasi-judicial zoning map amendments shall be undertaken by
means of a Type III-PC procedure, as governed by Section 18.390.050, using standards of
approval contained in subsection B of this section. The approval authority shall be as follows:
The commission shall make a recommendation to the council on a zone change application
which also involves a concurrent application for a comprehensive plan map amendme nt. The
council shall decide the applications on the record as provided by Chapter 18.390.
Standards for making quasi-judicial decisions apply to the proposed zoning map amendment. A
recommendation to approve, approve with conditions or to deny an application for a quasi-judicial
amendment shall be based on all of the following standards:
1. Demonstration of compliance with all applicable comprehensive plan policies and map
designations (e.g., Land Use Planning Policies 2.1.14 and 2.1.15 and 2.1.17).
2. Demonstration of compliance with all applicable standards of any provision of the Tigard
Development Code or other applicable implementing ordinance (including but not limited to
18.350.010-050 Planned Developments,18.380.020 Zoning Map and Text Amendments,
18.390.050/.060 Decision Making Procedures); and
3. Evidence of change in the neighborhood or community or a mistake or inconsistency in the
comprehensive plan or zoning map as it relates to the property which is the subject of the
development application.
In addition, the recommendation by the Commission and the decision by the Council shall be based
on consideration of the following factors (18.390.060.G. Decision-making considerations):
1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197
(Goals 1, 2, 10);
2. Any federal or state statutes or regulations found applicable (Transportation Planning Rule);
3. Any applicable METRO regulations (Urban Growth Management Functional Plan Title 1);
4. Any applicable comprehensive plan policies (see above); and
5. Any applicable provisions of the City's implementing ordinances (see above).
APPLICATION REQUIREMENTS (18.390.050 Type III Procedure):
a. Include the information requested on the application form;
b. Address the relevant criteria in sufficient detail for review and action;
c. Be accompanied by the required fee;
d. Include two sets of pre-stamped, pre-addressed envelopes for all persons who are property
owners of record as specified in Section 18.390.050C.
e. Include an impact study. The impact study shall quantify the effect of the development on
public facilities and services. The study shall address, at a minimum, the transportation system,
including bikeways, the drainage system, the parks system, the water system, the sewer system,
and the noise impacts of the development. For each public facility system and type of impact,
the study shall propose improvements necessary to meet City standards and to minimize the
impact of the development on the public at large, public facilities systems, and affected private
property users. In situations where the Community Development Code requires the dedication
of real property interests, the applicant shall either specifically concur with the dedication
requirements, or provide evidence which supports the conclusion that the real property
3
dedication requirement is not roughly proportional to the projected impacts of the development;
and
f. Be accompanied by 18 copies of the narrative.
PROCESS
The Commission shall make a recommendation to the Council on a zone change application which
also involves a concurrent application for a comprehensive plan map amendment. The Council shall
decide the application as provided by Section 18.390, as a Type IV review.
DECISION
The decision timeline is generally about 4 months from receipt of a complete application. The
Plan/Zone Map(s) and Planned Development Overlay and Concept Plan approval for a specific land
use may be allowed concurrent (Comp Plan Policy 2.1.17).
APPLICATION FEES:
Comprehensive Plan Amendment: $11,013.00 (city)
Quasi-Judicial Zoning Map Amendment 4,143.00 (city)
Planned Development Concept Plan 9,286.00 (co-applicant)
Pacific Corporate Center 15115 sw sequoia parkway,
suite 150 tigard, orego n 97224 www.westlakeconsultants.com PH – 503-684-0652 FX – 503-624-0157
PLANNING ENGINEERING SURVEYING
NOTICE OF NEIGHBORHOOD MEETING
March 1, 2016 Revised Meeting Date
Dear Neighbor,
Westlake Consultants, Inc. is representing Stafford Land Company,
Inc. who for a Land Use Application on 1.54 acres of property located
on the NW corner of SW Spruce ST and SW 72nd Ave in Tigard, (Tax Map
1S136AC, Tax Lot 2400, 2500, and 2200), as shown on the attached map.
The applicant is filing an application with the City of Tigard for a
Comprehensive Plan Designation and Zoning Map Amendment from
Professional Commercial, C-P, to Medium Density Residential, R-12 (as
before), and for a PD Overlay zone with Planed Development Concept
Plan review (in addition).
The purpose of this meeting is to provide a forum for the applicant
and the surrounding property owners/residents to review the proposal
and to identify issues so that they may be considered before the
formal application is turned into the City of Tigard. This meeting
gives you the opportunity to share with us any special information
you know about the property involved. We will attempt to answer
questions which may be relevant to meeting the development standards
consistent with City of Tigard’s Community Development Code.
MEETING TIME AND PLACE
Wednesday, March 16, 2016 at 6:00 PM
At Metzger Elementary School Library
10350 Lincoln St
Tigard, OR 97223
Please note this meeting will be an informational meeting on
preliminary development plans. These plans may be altered prior to
submittal of the application to the City. Depending upon the type of
land use action required, you may receive official notice from the
City of Tigard upon submittal of a formal land use application.
We look forward to discussing the proposal in greater detail with
you. Please feel free to call me at 503-684-0652 if you have any
questions.
Sincerely,
Westlake Consultants, Inc.
Kenneth L. Sandblast, AICP
Director of Planning
KLS/jel
Site Vicinity Map
Project
SubdivisionSubdivision
Site Addresses
7303 SW Spruce St
10705 SW 72nd Ave
10735 SW 72nd Ave
Tax Map
1S136AC
Tax Lots 2200, 2500,
and 2600
Zoning and Comprehensive Plan
Map
Overlay Zones
Historic District Overlay
Planned Development Overlay
Zoning - General
Residential
Mixed Use Residential
Mixed Use Central Bus Dist
Commercial
Mixed Use Employment
Industrial
WA-CNTY
Comprehensive Plan
Low Density Residential
Medium Density Residential
Medium-High Density Residential
High Density Residential
Mixed Use Residential 1
Mixed Use Residential 2
Mixed Use Central Bus Dist
General Commercial
Professional Commercial
Community Commercial
Neighborhood Commercial
Mixed Use Commercial
Mixed Use Employment
Mixed Use Employment 1
Mixed Use Employment 2
Light Industrial
Heavy Industrial
Map printed at 04:25 PM on 15-Mar-16
DATA IS DERIVED FROM MULTIPLE SOURCES. THE CITY OF TIGARD MAKES NO WARRANTY,
REPRESENTATION OR GUARANTEE AS TO THE CONTENT, ACCURACY, TIMELINESS OR COMPLETENESS
OF ANY OF THE DATA PROVIDED HEREIN. THE CITY OF TIGARD SHALL ASSUME NO LIABILITY FOR ANY
ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION PROVIDED REGARDLESS OF HOW CAUSED.
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
503 639-4171
www.tigard-or.gov
Site Vicinity Map PLANNINGENGINEERING SURVEYINGSW Spruce St SW 72nd Ave.
20’ Wide Dwelling - Example Elevations
Topping
Planned Development
J:\2634-001.16\Plan\Neighborhood Mtg\Meeting 3-16-16\Topping Meeting Minutes 3-16-16.docx
M EETING M INUTES
E NGINEERING S URVEYING P LANNING P HONE 503.684.0652
DATE OF MEMO: March 28, 2016
DATE OF MEETING: March 16, 2016
PROJECT NAME: Topping Application
PROJECT NUMBER: 2634-001
LOCATION: Metzger Elementary School library
10350 Lincoln St. Tigard, OR 97223
PRESENT: Westlake Consultants, Inc.: Ken Sandblast and Justin Lindley
Stafford Land Development Company, LLC.: Gordon Root, Morgan Will, and Levi
Levasa
City of Tigard Community Development: John Floyd
Neighbors (see attached list)
DISTRIBUTION: Development Team, File, City of Tigard, Jim Long – County CPO Rep
SUBMITTED BY: Westlake Consultants
Included Exhibits
Exhibit A City of Tigard Comprehensive Plan/Zoning Map
Exhibit B Site Vicinity Map
Exhibit C Concept Development Site Plan
Exhibit D Rendering of Conceptual Houses
Exhibit E Comments from the Park Petition Presented at Meeting by Local Community
Exhibit F Material Submitted at Meeting for a Nature Park
Exhibit G Meeting Agenda
Exhibit H Meeting Sign-In Sheet
Presentation:
A meeting was held to provide information, receive comments and answer questions of
surrounding neighbors regarding an application for a Comprehensive Plan Designation and
Zoning Map Amendment from Professional Commercial, C-P, to Medium Density Residential,
R-12, in addition to a PD Overlay zone with Planed Development Concept Plan review.
Nineteen neighbors attended the meeting.
Exhibits presented:
1. Current Zoning/Comprehensive Plan map
2. Site Vicinity map
3. Concept Development Site Plan
4. Rendering of Conceptual houses that could be built on the site
Ken Sandblast, Westlake Consultant’s Director of Planning, opened the meeting with a brief
description of the application. Ken explained the process of the meeting requirements for
developments within the City of Tigard and the type of applications that were being
submitted. He explained that the meeting had been originally been scheduled for March 9,
2016, but had been posted on the site with the wrong meeting date. The revised notice with
the meeting date of March 16, 2016 was mailed out and a sign was reposted on the site to
ensure that the meeting had met the notice requirements of the City of Tigard.
Next, he explained how the rezoning/comprehensive plan map amendment had originally
been part of a City initiative in 2015 to swap zoning designations for the project site with
J:\2634-001.16\Plan\Neighborhood Mtg\Meeting 3-16-16\Topping Meeting Minutes 3-16-16.docx
another site in the city in order to maintain the amount of housing acreage within the city.
He stated that the City Council had decided to approve the rezoning of the other site to
commercial while remanding the rezoning of the project site back to the planning
commission due to discrepancies in the overall process.
Ken explained that the new process now involves the developer as a co applicant with the
City to take the request back through the Planning Commission for the
Rezoning/Comprehensive Plan map amendment from C-P to R-12 as a Quasi-Judicial
Process along with approval of a Concept Development Plan. The Concept Development
Plan will be used to illustrate the type of development proposed for the site and allow a
planned development overlay to be applied.
At this point, he asked if the public had any questions regarding the process that had just been
explained.
Comments and Questions:
Q – Question, C – Comment, Ans – Answer, K – Ken Sandblast, M – Morgan Will,
G – Gordon Root, J – John Floyd
Q 1 Why are the applications together?
Ans K: Zoning Map Changes require the Comprehensive Plan map be changed at the
same time in order to have both maps consistent with each other at the time of
rezoning. The concept plan is needed to show the type of development proposed
for the planned development overlay.
Q 2 Will the public have a chance to review the plans?
Ans K: Yes, Public Hearings will be conducted with the Planning Commission and City
Council which will have notifications sent out and the site posted for both
meetings.
Next, Ken presented the Concept Development Plan which consisted of a site plan showing 18
single family lots with 3 open space tracts and street improvements. Ken explained that the
Planned Development overlay would allow the site to have different standards applied to it than
a typical subdivision, which in turn leads to different requirements for open space and site
improvements. The current plan concentrates the layout of the homes to the existing streets
while adding in open space tracts on the northern and western site boundaries which will act as
a transition from the commercial uses to the south with existing residential lots to the north.
C 1 A comment was made that the existing streets have a lot of traffic and are dangerous.
The driveways shown on the plan that will access the streets will be dangerous.
Ans K: This plan is a concept that shows what is proposed and could be built on the site.
If approved, a detailed plan would be completed addressing traffic concerns.
Q 3 Will the public have a chance to see the detailed plan?
Ans K: Yes, if the current application is approved, then the next step is the application
for the detailed plan which will require another neighborhood meeting with
notifications and sign postings.
Q 4 What is open space?
Ans K: Open space can be parks, trails, enhanced landscaping, preservation areas, etc.
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Q 5 What type of density will be allowed with the zoning?
Ans K: The city has maximum and minimum zoning densities based on the zoning
designations. The estimates for this site are between 18 to 16 lots. The minimum
density is calculated based on requirements of the City.
Ans J: The density is calculated by subtracting the area needed for roads, sensitive
lands, and public land from the site gross acreage and then dividing by the base
zone minimum lot size. The R-12 base zone will allow lot sizes of 3,050 S.F.
Minimum densities are a percentage of the maximum density. The densities differ
dependent on single family or multifamily homes to allow for flexibility.
Q 6 Will the project be low-income housing?
Ans K: No, the proposal is for market rate houses.
C 2 A comment was made by a neighbor that stated the surrounding residents in the area
are asking the city to make the site a park. They stated that they had gotten a petition
signed by neighboring residents requesting a park and have been looking into funding
for the park.
Ans K: The City has a master park plan, which designates areas around the city for the
development of future parks.
Ans J: The City Master Parks plan looks at properties around the city that are available
and fit the needs of the city. The Parks Department handles the planning for new
parks and land acquisition. There is a finite amount of money available for the
acquisition and development of parks that must be considered when comparing
the project site with other options.
C 3 A comment was made by the community members that they were advised by the City of
Tigard Planning Commission that they needed to go to the City of Tigard Parks Advisory
Board to present their proposal for consideration. They stated that they have met with
the board on multiple occasions and are awaiting a board meeting to present their
proposal.
Ans K: Ken applauded the neighbors on their proposal and efforts to work with the city
and the process for requesting a park at the site. He stated that the city has a
responsibility to look at the merits of buying the property as a park.
Ken then presented the concept of houses that are proposed for the site. Exhibit D
demonstrated typical homes that could be built on the lot sizes. He stated that in the proposed
R-12 zone, the developer has the option to create 35’ tall structures on the site, but is proposing
with the Planned Development Concept Plan to stay with a lower height.
Q 7 Why should the public participate if the developer can change the plan?
Ans K: The concept plan will lock in the type of housing and configuration of the site.
The detailed plan must be consistent with the approved concept plan. Changes
would require a new concept plan and public participation process.
Ans M: Morgan Reiterated that the concept plan is to show what they want to do. The
detailed plan will be based on the concept plan and finalize the actual layout
based on code requirements and standards for utilities and infrastructure.
Ans G: Gordon presented the concept plan and described how the open space was
designed around an existing tree in the NW corner of the site and to provide
open space in the area. He added that the company had produced several
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communities in the area similar to this type and that there is a high demand for
single family detached residential on the proposed lot sizes.
Q 8 What will be the distance between the homes?
Ans G: The distance will vary between 6 to 8 feet between the homes based off of 3 to 4
foot side yard setbacks. The market prefers to have smaller distances between
homes to allow greater square footage in the home.
Q 9 Does 6 feet meet fire code?
Ans G: Yes.
Q 10 Who will decide what type of density and design is a good fit for the neighborhood?
Ans G: The developer will propose the types of homes that they can build on the site that
meet the requirements of the city. The developer determines the type of housing
to build in the area based off of the market and the requirements. Due to Metro
Regulations and the Urban Growth Boundary, land within the UGB needs to have
higher densities to provide housing opportunities that cannot be met outside the
UGB. The minimum density standards are part of this requirement.
Ans J: The Planning Commission will decide on the Concept Plan and whether it fits in
with the neighborhood and community.
C 4 The small lots will affect the neighborhood.
Ans G: The requirements for higher densities within the UGB require smaller lots sizes.
Q 11 How will wetland or springs in the area affect the development?
Ans K: After the concept plan is approved, the next step is the detailed plan which will
entail detailed site analysis such as wetlands reports and geotechnical reports.
Depending on the outcome of the reports, there may be minor changes to the
layout to accommodate the site constraints.
Q 12 What will be the average price per home?
Ans G: Between $360,000 and $375,000.
C 5 Parking and Traffic are bad in the area.
Ans G: The greater density in the area reduces the yard space there by narrowing the
perspective of the street size to drivers, which will in turn slow traffic. Street
frontage along the site will be rebuilt to City standards which will include a
parking lane along the street and sidewalks.
Several comments were made between neighbors that the small lots would not work for people
to live and not provide enough yard space for families.
Ans G: There is a market for the proposed lot sizes and the type of homes that will be
built. The buyers that choose the homes are seeking out this type of
development.
C 6 There is not enough parking on Spruce St. for the development.
Ans K: The existing roadway will be widened to accommodate a parking lane based on
the City of Tigard roadway standards.
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Q 12 If the minimum density is lower than 18 homes, then why not build 16 homes?
Ans K: The amount of lots that are proposed for the development depends on the
market and what the developer is building to determine the feasibility.
Ans M: The proposed lot sizes and homes to be built on them will still allow for decent
sized backyards. While the lots are smaller than the existing neighborhood, the
trend of development in the area as a whole is progressing towards smaller lots
to meet the demand of housing for the region.
Q 13 Why can’t the land be turned into a park. The shift in smaller lots and yards needs more
park space.
Ans M: The type of development proposed will allow for open space.
Q 14 Can the city zone the land for a park instead of housing?
Ans J: The City allows private land owners to develop their land. They will not force a
land owner to develop their land into a park. The process for converting the land
into a park needs to be addressed by the park advisory board.
Q 15 Who can change the zoning from R-12 to R-7?
Ans J: The City Council can decide the zoning, but they must follow the guidelines of the
comprehensive plan which requires the availability of housing types within the
City. Currently, the City has twice the amount of land zoned R-7 versus R-12.
The City is trying to increase the availability of R-12.
Q 16 Are there any major utilities that run through the site?
Ans K: None have been identified.
Q 17 Why can’t the number of lots be reduced on the site and the open space increased to
allow a park to be developed?
Ans G: The development of open spaces is limited to the amount of lots that are built in a
development due to the cost involved with maintenance of the open space for
future homeowners.
Ans K: The City can make a determination that the open space of a planned
development be dedicated to the public to allow the use of the site by all
members of the community and the City will incur the costs of maintenance.
C 7 A comment was made by a resident stating that the public has been misled on this site
over the years due to the site first annexing in as commercial in 2006 and stating that a
preschool would be built. It never happened and now the site is trying to have homes
built on it.
Ans K: The fact that a preschool was not built on the site is based on the market. The
owners were not able to develop the site as a preschool. The site currently can
be built for any uses allowed in the C-P zone which could include 4 story office
buildings with parking due to the 45 foot height limit.
Q 18 Why can’t they be forced to build a daycare?
Ans K: The market didn’t work for a daycare at the facility. Land owners are not
restricted to a development proposal for the land.
Q 19 Was it Residential at the time of annexation?
Ans K: No, it was zoned commercial in the county.
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Q 20 Will there be any public testimony?
Ans K: Yes, the Planning Commission and City Council will both provide opportunities
for the public to speak on the matter.
C 8 A neighbor stood up and spoke about the need for parks in the area. She used the site
map shown in Exhibit B to show the sites location and relationship to the surrounding
community. She stated that the local community needed a small park within walking
distance for the new homes that are being built in the area. She showed an exhibit with
pictures of Westmoreland City Park in Portland as an example of what could be created
on the site to meet the need for a park.
Jim Long handed out a sheet with comments on it from a petition circulated in the
neighborhood for a park in the area. A copy of the handout is included with these
minutes as Exhibit E
Ans G: The small size of the parcel is not an effective site for the City to develop as a
park. It would not be able to accommodate playing fields and parking. The City
will more than likely be interested in developing larger sites for regional parks to
serve a greater population.
Q 21 What is the minimum/maximum density for R-7?
Ans J: Lot sizes would consist of 5,000 square feet. The total area of the site minus 20
percent for possible improvements is divided by the 5,000 to give the amount of
lots.
Q 22 Can the zoning be lowered for the site to R-7?
Ans J: There needs to be a diversity of land available in the city. The original request for
the zoning swap was to ensure that the city did not lose any land zoned R-12.
The city has a high demand for R-12 land.
Q 23 Does the current zoning allow 4 stories to be built on it?
Ans K: Yes, the current zoning allows 45 foot tall structures which would allow for 4 story
buildings to be built.
C 9 A neighbor that lives across from the site on Spruce St. stated that she was told by a
City of Tigard Police officer that parking was not allowed on 72nd Ave.
Ans K: The streets will be widened to allow for parking.
Q 24 Will there be sidewalks added to the streets?
Ans K: Yes, the street frontage along the project site will be built to City Road standards
including the construction of additional roadway to allow parking, curbs,
sidewalks, and a planting strip.
Q 25 If the open space land for the development is private, are the local residents not allowed
to use it?
Ans K: Private open space is restricted to use by only the residents of the community
which owns the space. However, the City may determine that the space needs to
be dedicated to the public. The public needs to petition the city for the land to be
public.
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C 10 A community member stated that the meeting has nothing to do with the current zoning if
the property is not rezoned.
Ans G: The Developer is going to develop the land despite what the zoning is. The
company has done several commercial projects and feels the property can
accommodate a commercial development project. They are currently trying to
rezone the property and develop it as residential, but if that is not possible, then it
will be developed as commercial which will not be as compatible with the
neighboring residential versus what is proposed with the concept development
plan.
Q 26 When will construction start on the site?
Ans M:Once all approvals have been achieved and permits for plans are approved.
There are two land use processes, which take up to 120 days.
C 11 A comment was made that it will take longer with appeals.
Ken Sandblast asked if there were any other questions or comments about the project and
applications.
The meeting adjourned at 7:36pm
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Planned Development Statement
Tigard Development Code Section 18.350.040.A.1 requires a statement of planning
objectives to be achieved by a planned development through the particular approach
proposed by the applicant. This code section defines that the planned development
subdivision statement for this application includes the following standards:
a. A description of the character of the proposed development and the rationale behind
the assumptions and choices made by the applicant;
The subject property is 1.54 acres located on the northern city limits of the City of Tigard at
SW Spruce St. and SW 72nd Ave. The subject property was annexed by the 2006 City of
Tigard application (ZCA 2006-00003) and zoned Commercial-Professional (C-P). This Planned
Development Concept Plan review application (PDR 2016-00012) is submitted concurrently
with applications for a Comprehensive Plan Amendment and Zone Change (CPA 2016-00002
& ZON 2016-00001) to rezone the subject property to medium residential R-12. This
application requests approval of Planned Development Concept Plan review, so as to portray
both the feasibility and certainty of developing the subject property under R-12 zoning.
As depicted by Exhibit G, Planned Development Concept Plan, the applicant proposes the
development of the subject property resulting in 18 lots for the construction of single -family
detached residences.
Adjacent properties to the north and west of the subject property are predominantly low-
residential zoning. To the south of the subject property are primarily commercial uses,
including a large commercial development, a Fred Meyer store, which fronts Pacific Hwy W
(99W). The proposed Planned Development Subdivision will serve as a buffer, transitioning
from residential properties to the north and west of the subject property to commercial uses
just south of the subject property, south of SW Spruce St.
Proposed lots are clustered around the existing streets, SW 72nd Ave and SW Spruce and a
proposed private drive. This allows for the preservation of two open space tracts totaling .31
acres on the western, northern, and eastern borders of the subject property. The proposed
lots are laid out around the existing transportation system. The majority of lots are designed
to take access on SW Spruce St., which being a neighborhood route, is of a higher functional
classification than that of SW 72nd Ave, which is a local street.
The subject property has a slope of approximately 6% to the southwest. Preservation of
existing conditions of the subject property has been taken into consideration throughout the
design process. Three open space tracts are designed based on site topography and existing
conditions. Particularly attention was paid to the preservation of a large oak tree in the
northwest corner of the subject property, which is preserved by the open space tract on the
northern boundary of the property.
The Planned Development Subdivision will connect to existing utilities, and will make any
necessary improvements to utilities at the time of Detailed Development Plan review.
Upon future development of the subject property as proposed with 18 single family detached
residential lots, the existing conditions described above are subject to the Tigard Municipal
Code Title 18 Community Development Code. Applicable sections of the Tigard Development
Code include requirements to: (a) connect to and improve existing public right-of-way, SW 72nd
Ave. (b) improve new private street (c) satisfy minimum lot dimension, area and setback
requirements for lots on the perimeter of the proposed planned development.
b. An explanation of the architectural style, and what innovative site planning principles
are utilized including any innovations in building techniques that will be employed;
This application proposes a Concept Planned Development of the subject property with each
lot containing a single family detached residence. All of the proposed lots have been
specifically designated and reviewed to insure ability to site a future residence upon them.
Architectural style of the future residences on the subject property will integrate front
elevation utilizing porches and wall plan offsets, garages will be provided for each home and
pitched rooflines will be provided.
c. An explanation of how the proposal relates to the purposes of the planned
development chapter as expressed in Section 18.350.010; and
Although consistency with the planned development code section purpose statement is not a
requirement for approval of a planned development, this application generally satisfies the
listed purposes as follows: (i) as depicted on Exhibit G, the proposed Planned Development
Concept Plan provides for the preservation of .31 acres of open space on the western,
northern, and eastern boundaries of the 1.54 acre subject property, (ii) the proposed Planned
Development Concept Plan provides for increased neighborhood connectivity, (iii) the
proposed Planned Development Concept Plan respects the existing adjacent neighborhoods
through use of buffering and perimeter lot size transitioning, (iv) satisfies the allowable density
of the subject property by proposing a total of 18 lots.
d. An explanation of how the proposal utilized the “Planning Commissioner’s Toolbox.”
The “Planning Commissioner’s Toolbox” is a collection of guidelines and planning principles
which provide a framework for sustainable and effective land development practices. This
application proposes a Planned Development Subdivision which utilizes practices including
buffering and transitioning existing adjacent development, preserving open space totaling XX
acres, respecting existing topography, improving the existing public street system to provide
connectivity for vehicles, bicycles and pedestrians, and by applying for Planned Development
Concept Plan review, portraying the feasibility and certainty of the subject property’s
development with R-12 zoning designation.