Loading...
Ord 2223 - Deny App Comp Amend COUNCIL BILL NO. 1914 ORDINANCE NO. 2223 AN ORDINANCE DENYING APPLICATIONS FOR A COMPREHENSIVE PLAN MAP AMENDMENT, A WNE CHANGE, AND SITE PLAN REVIEW ON PROPERTY LOCATED AT 1820 E. HARDCASTLE AVENUE AND DECLARING AN EMERGENCY. WHEREAS, the Woodburn City Council held a public hearing on June 22, 1998, concerning Comprehensive Plan Map Amendment Case No. 97-04, Zone Change Case No. 97- 13, and Site Plan Review Case No. 97-17; and WHEREAS, the application for a Comprehensive Plan Map Amendment was to change the designation from Low Density Residential (less than 12 units per acre) to High Density Residential (greater than 12 units per acre); and WHEREAS, the application for a Zone Change was from Single Family Residential (RS) to Multi-Family Residential (RM); and WHEREAS, the application for Site Plan Review was totally dependent upon the City Council granting the Comprehensive Plan Map Amendment and Zone Change; and WHEREAS, the subject property is located at 1820 E. Hardcastle Avenue, Woodburn, Oregon; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The subject property consists of Tax Lots 6000 (approximately one acre) and 6101 (approximately .86 acres) on Marion County Assessor's Map T5S, R1W, Section 08DC . The property is located on the south side of Hardcastle Avenue, approximately 180 feet east of its intersection with Dunn Court. The street address is 1820 E. Hardcastle Avenue and an existing single family residential home lies on the norther portion of Tax Lot 6000. Section 2. The application to amend the Comprehensive Plan Map from Low Density Residential (less than 12 units per acre) to High Density Residential (greater than 12 units per acre) in Case No. 97-04 is hereby denied. Section 3. The application for a zone change from Single Family Residential (RS) to Multi-Family Residential (RM) in Case No. 97-13 is hereby denied. Section 4. The application for Site Plan Review in Case No. 97-17 is hereby denied. Page 1 - COUNCIL BILL NO. 1914 ORDINANCE NO. 2223 ~ Section S. The denial of Comprehensive Plan Map Amendment Case No. 97-04, Zone Change Case No. 97-13, and Site Plan Review Case No. 97-17 is based upon the Findings of Denial which are affixed hereto as Attachment "A" and by this reference are incorporated herein. Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office ofthe Recor er ATTEST: Mary Te ant, City Recorder City of Woodburn, Oregon July 14, 1998 July 14, 1998 Page 2 - COUNCIL BILL NO. 1914 ORDINANCE NO. 2223 FINDINGS OF DENIAL L NATURE OF PROCEEDINGS Quality Plus Interiors, Inc. submitted an application for a Woodburn Comprehensive Map Amendment from Low Density (less than 12 units per acre) to High Density (greater than 12 units per acre), a Zone Change from Single Family (RS) to Multi-Family Residential (RM), and Site Plan approval for a 3S-unit apartment complex. The subject property consists of Tax Lots 6000 (approximately one acre) and 6101 (approximately .86 acres) on Marion County Assessor's Map T5S, R1W, Section 08DC. The property is located on south side of Hardcastle Avenue, approximately 180 feet east of its intersection with Dunn Court. The street address is 1820 E. Hardcastle Avenue and an existing single family residential home lies on the northern portion of Tax Lot 6000. Access is proposed to consist of two 24-foot, one-way driveways connecting with Hardcastle Avenue. The driveways are proposed to be separated by an 8-foot planting strip. The east driveway and the planting strip are located on the property; the west driveway is proposed to be incorporated with an existing easement on an adjacent parcel. The deed for Tax Lot 6101 includes an easement for ingress and egress over the west 24 feet of Tax Lot 6100. Property to the northeast, east and south is designated Low Density Residential (less than 12 units per acre) on the Comprehensive Plan Map and is zoned Single Family Residential (RS). Single family homes are the dominant land use with a mature orchard located to the south. To the west and northwest is property zoned Multi-Family Residential (RM). Duplexes are located to the west and a mixture of duplexes and single family homes are located to the north II. APPROVAL CRITERIA The relevant approval criteria are as follows: A. Statewide Planniml Goals and Guidelines (where applicable) B Woodburn ComDrehensive Plan A. Residential Land Development Policies G. Housing Goals & Policies H. Public Service Goals and Policies M. Growth and Urbanization Policies Page 1 - FINDINGS ~ ." _._.".~.- '-'. ._-.....~.._.--~~.------ ..... 1I~-- C. Woodburn Zonimz Ordinance Chapter 2 Administration of the Ordinance Chapter 5 Permits and Enforcement Chapter 6 Planning Commission Chapter 7 Public Hearing Chapter 15 Zone Change Procedures Chapter 16 Comprehensive Plan Amendment Procedure D. Woodburn TransDortation Svstem Plan E. Woodburn Access ManalZement Ordinance m. COMPREHENSIVE PLAN MAP AMENDMENT STATEWIDE PLANNING GOALS The Woodburn Comprehensive Plan was acknowledged by the Land Conservation and Development Commission (LCDC) and the applicant concedes that the Statewide Planning Goals are no longer a mandatory approval criteria for a Comprehensive Plan Map Amendment (see Foland v. Jackson County. 311 Or 167 (1991), However, even if the Findings needed to address how the application affects the Woodburn Comprehensive Plan's compliance with the Statewide Planning Goals, the City Council finds that the effect of this application on compliance with the applicable Statewide Goals is de minimis. The goals, policies and elements of the Woodburn Comprehensive Plan need to be specifically addressed. COMPLIANCE WITH WOODBURN COMPREHENSIVE PLAN Section 16. 050(b) of the Woodburn Zoning Ordinance and the relevant state law require that a Comprehensive Plan Amendment comply with the goals, policies and elements of the Comprehensive Plan that are relevant to the application. The applicable goals and policies are as follows: A. Residential land development; B. Housing; C. Public services; D. Transportation. The relevant residential land development policies contained in the Woodburn Comprehensive Plan provide: Page 2 - FINDINGS . A. Residential Land Development Policies A-I. Residential areas should be designed around a neighborhood concept. Neighborhoods should be an identifiable unit bounded by arterials, non-residential uses, or natural features of the terrain. The neighborhood should provide a focus and identity within the community and should have a community facility, such as a school, park, or privately owned community facility to allow for interaction within the neighborhood. A-2. Living Environment - Developments in residential area be constructed in such a way that they will not seriously deteriorate over time. Zoning ordinances should be strictly enforced to prevent encroachment of degrading non-residential uses. Construction standards in the State Building Code shall be vigorously enforced, and ifnecessary, additional standards the City determines should be imposed to insure non-degrading housing units, should be encourage by the City. A-3. Development should promote, through the use of moderate density standards and creative design, a feeling of openness and spaciousness with sufficient landscaped area and open space to create a pleasant living environment. A-4. Streets in residential areas should be used by residents for access to collectors and arterials. Residential streets should be designed to minimize their use for through traffic, however, whenever possible dead-end streets and cul-de-sacs should be avoided. A-5. Residential developments should strive for creative design which will maximize the inherent values of the land being developed and encourage slow moving traffic. Each residential development should provide for landscaping and tree planting to enhance the livability and aesthetics of the neighborhood. A-6. Non-residential uses should be prevented from locating in residential neighborhoods. Existing non-conforming uses should be phased out as soon as possible. A-7. Home occupations and combination business and home should be allowed if the residential character is unaffected by the use. In the case of home occupations, these can be allowed through the zoning ordinances. A-S. High traffic generating non-residential uses should not be located in such a manner as to increase traffic flows on residential streets or residential collectors. A-9. Industrial and commercial uses which locate adjacent to residential areas should buffer their use by screening and design control, and should be controlled with sufficient setback so as their location will not adversely affect the residential areas. A-10. High density residential areas should be located so as to minimize the possible Page 3 - FINDINGS ~ deleterious effects on adjacent low density residential developments. When high density and low density areas abut, density should decrease in those areas immediately adjacent to low density residential land. Whenever possible, buffering should be practices by such means as landscaping, sight-obscuring fences and hedges, and increased setbacks. A-II. Traffic from high density residential areas should have access to collector or arterial streets without going through other residential areas. B. Relevant Facts The subject site is currently designated Low Density (less than 12 units per acre) on Woodburn's Comprehensive Plan Map. The properties to the south and east of the subject site are also planned for residential development less than 12 units per acre on the Comprehensive Plan Map. The property to the west and north of the subject site are planned for residential development greater than 12 units per acre on the Comprehensive Plan Map. The main access road to Centennial Subdivision (SUB #90-01), located to the east of the subject site, is an extension of Orchard Lane from Hardcastle Avenue. Centennial Drive, located to the west of Orchard Lane, provides access to the rear portions of the lots on the western side of Centennial Subdivision. When the property to the west of Centennial Subdivision was partitioned into 3 parcels (MP 93-06 & V AR 93-04), a condition of approval was that the property owner dedicate a 60 foot right-of-way to the city so that Centennial Drive could be extended to provide access to the rear portions of that site. Centennial Drive is currently improved to the west property line of Centennial Subdivision. The 130 foot westerly extension of Centennial Drive beyond Centennial Subdivision has been dedicated to the city and will be improved when parcel #1 is developed. The intent of the city is to extend Centennial Drive in a westerly direction to provide access to the rear portions of the long narrow lots to the west of Centennial Subdivision. Staff s intention was to eventually loop Centennial Drive (a residential street) up to Hardcastle Avenue (minor arterial) or extend it down to Lincoln Road thus connecting the single family residential areas located south of Hardcastle Avenue, east of Dunn Court and west of Orchard Lane. C. Conclusions Contrary to the applicant's statement that the "2 subject parcels, as currently designated and configured would accommodate only one new single family dwelling without a land use request", it is possible that tax lots #6000 & #6101 could be developed for more than one single family home with the extension of Centennial Drive. The applicant is proposing to only access the subject site (tax Lots #6000 & #6101) via two 24 foot driveways off Hardcastle Avenue. The applicant's multi-family request as Page 4 - FINDINGS ~ proposed would curtail the extension of Centennial Drive up to Hardcastle Avenue, thus diminishing the road connectivity in that area. The proposed change in Comprehensive Plan designation of the subject property from less than 12 units per acre to greater than 12 units per acre would create a situation where the possibility of extending Centennial Drive will be lost. A dead end street will be created. The City's Comprehensive Plan specifically states that "whenever possible dead-end streets and cul-de-sacs should be avoided." The City could clearly avoid this situation be denying the Comprehensive Plan Amendment in this case. The Comprehensive Plan states that: "High density residential areas should be located so as to minimize the possible deleterious effects on adjacent low density residential developments. When high density and low density areas abut, density should decrease in those areas immediately adjacent to low density residential land. Whenever possible, buffering should be practices by such means as landscaping, sight-obscuring fences and hedges, and increased setbacks." The proposed change in the Comprehensive Plan designation of the subject property would adversely affect adjacent low density residential development in this case. The proposed change in designation would make the subject property incompatible and in conflict with the neighboring low density residential development. Moreover, the applicant has not shown that this deleterious effect could be adequately mitigated by means of practices such as landscaping, sight-obscuring fences and hedges, and increased setbacks. The Comprehensive Plan states that: "Traffic from high density residential areas should have access to collector or arterial streets without going through other residential areas." The access to the proposed development is to consist of two 24 foot, one-way driveways connecting with Hardcastle Avenue. The driveways are proposed to be separated by an 8 foot planting strip. The east driveway and planting strip are located on the property; the west driveway is proposed to be incorporated with an existing easement on an. adjacent parcel. The means of access to the proposed development, through the existing easement on the adjacent parcel, conflicts with the Comprehensive Plan because it will route traffic through the adjacent residential area. While the private easement might legally pennit this, the Comprehensive Plan discourages it. No direct access exists onto Hardcastle. The City could clearly avoid this situation be denying the Comprehensive Plan Amendment in this case. The relevant Housing Goals and Policies contained in the Woodburn Comprehensive Plan provide: A. Housing Goals And Policies G-l-l. The City will insure that sufficient land is made available to accommodate the growth of the City. This requires that sufficient land for both high density and low density residential developments is provided within the confines of the growth and development goals of the city. It is the policy of the City to assist Page 5 - FINDINGS ..._~-,---,,----~..."-~..- and encourage property owners, whenever possible, to rehabilitate and renew the older housing in the City. G-1-2. It is the policy of the City to encourage a variety of housing types to accommodate the demands of the local housing market. G-1-3. To insure the new concepts in housing are not restricted unduly by ordinances, the City shall periodically review its ordinances for applicability to the current trends in the housing market. G-1-4. To provide for the persons living in the community ofa lower income, the City will accept its regional share oflow income housing. This policy is not intended to provide an overabundance oflow income housing which would encourage undue migration oflow income persons. B. Relevant Facts According to a land use inventory dated January 1996, there is a total of approximately 2,053 acres of residential land inside the city and the Urban Growth Boundary (UGB). Low density residential land has a total of 1,365 acres. Of this total there are 631 acres developed, 123 acres underdeveloped, and 611 acres undeveloped single family residential land. High density residential has a total of 688 acres. Of this total there are 443 acres developed, 57 acreS underdeveloped, and 188 acres undeveloped. High density residential land is the second largest land usage within the city and the UGB. Low density residential land is the largest land usage within the UGB. In 1994, 23% of all housing units were multi-family. Considering all lands within the city and UGB, multi- family land usage totaled 17%. Lands devoted to high density residential use, in general, are located along collector streets. It is expected that with greater population pressures on residential land there will be a higher percentage of multi-family housing. In regard to the applicant's discussion concerning the plentiful supply of single family land, it should be noted that a substantial amount of single family residential land within the city's urban growth boundary is in the process of being built-out or in the subdivision/planned unit development review stage. The acreage of these developments would decrease the amount of single family residential land available within the city's urban growth boundary. The projects that have been approved, built-out or are in the process of being built-out on single family zoned land since 1996 are listed as follows: Page 6 - FINDINGS ~illllllll.ilI11~lUlitilf~llll'lrtllllllll~fA'11ill'i}1'1'111111~111' 11.'III\lr~llllt. Henry's Farm Subdivision 22 acres Heritage Park 34.5 acres Meadow Wood Subdivision 14 acres Paulus Estates Subdivision 2. 18 acres Bridlewood Subdivision 7.2 acres Centennial Subdivision B3 acres Flora Meadows Planned Unit Development (PUD) 19 acres Ironwood At Tukwila PUD 21 .4 acres The Greens at Tukwila PUD 4.24 acres Valor and Heritage Elementary and Middle School 48 acres TOTAL ACRES 177 acres Staff are currently reviewing (or have very recently reviewed) several subdivisions and a Planned Unit Development that would effect the supply of undeveloped single family residential land available within the city's urban growth boundary. These subdivision and Planned Unit Development proposals are listed as follows: liilll.lil.lllliilltlllilf~lltlilllll!i~llfllllll'I'I~1f~~lliIJIII~~ iil.tjjii1~_lllillj' Boones Crossing Planned Unit Development 61 .9 acres Miller Links Subdivision 14.50 acres Heritage Meadows Subdivision 10 acres Park Place Subdivision 24.65 acres TOTAL ACRES 1 1 1 acres In addition to the figures listed above, the city lost 19 acres of single family land when the site of the "Parr Acres Manufactured Home Park" was changed in zoning from single family residential to multi-family residential. The city also lost 11.19 acres of single family land where the future Woodburn Crest Estates SubdivisionlManufactured Home Park will be built-out. The Land Use Inventory Table, produced in January 1996, lists 611 acres as being undeveloped within Woodburn's UGB, Due to the build-out of single family residential land or near future build-out of single family land and the conversion of single family land to multi-family land, Woodburn now possess approximately 404.36 acres of single family Page 7 - FINDINGS ~ , -- vacant land. If the current subdivisions now under review by the Planning Department are approved, then only approximately 293.31 acres ofsingle family land would be available for future projects. In regard to the 187.8 acres of undeveloped multi-family land that was reported in the January 1996 Land Use Inventory, the 19 acre Parr Acres multi-family site has been built- out. The 11.19 acre Woodburn Crest Estates is in the process of being built-out. Additional vacant multi-family land has been developed through the construction of "Esperanza Court" (.74 acres) and the future multi-family complex called "Village By The Greens" (3.4 acres). Approximately 153.47 acres of multi-family land is available for future multi-family development. C. Conclusions While the city has a shortage of high density residential land, low density residential land is also in short supply. The city is currently involved in the periodic review process as required by state law. A buildable lands inventory and analysis, which will determine if and when the Urban Growth Boundary will be expanded to allow for the creation of more multi-family uses. A. Transportation System Plan Some of the issues related to housing access under the Woodburn Comprehensive Plan are also relevant to transportation. B. Relevant Facts The main access road to Centennial Subdivision (SUB #90-01), located to the east of the subject site, is an extension of Orchard Lane from Hardcastle Avenue. Centennial Drive, located to the west of Orchard Lane, provides access to the rear portions of the lots on the western side of Centennial Subdivision. When the property to the west of Centennial Subdivision was partitioned into 3 parcels (MP 93-06 & V AR 93-04), a condition of approval was that the property owner dedicate a 60 foot right-of-way to the city so that Centennial Drive could be extended to provide access to the rear portions of that site. Centennial Drive is currently improved to the west property line of Centennial Subdivision. The 130 foot westerly extension of Centennial Drive beyond Centennial Subdivision has been dedicated to the city and will be improved when parcel #1 is developed. The intent of the city is to extend Centennial Drive in a westerly direction to provide access to the rear portions of the long narrow lots to the west of Centennial Subdivision. Staff's intention was to eventually loop Centennial Drive (a residential street) up to Hardcastle Avenue (minor arterial) or extend it down to Lincoln Road thus connecting the single family residential areas located south of Hardcastle Avenue, east of Dunn Court and west of Orchard Lane. Page 8 - FINDINGS .,. C. Conclusions Contrary to the applicant's statement that the "2 subject parcels, as currently designated and configured would accommodate only one new single family dwelling without a land use request", it is possible that tax lots #6000 & #6101 could be developed for more than one single family home with the extension of Centennial Drive. The applicant is proposing to only access the subject site (tax Lots #6000 & #6101) via two 24 foot driveways off Hardcastle Avenue. The applicant's multi-family request as proposed would curtail the extension of Centennial Drive up to Hardcastle Avenue, thus diminishing the road connectivity in that area. The proposed change in Comprehensive Plan designation of the subject property from less than 12 units per acre to greater than 12 units per acre would create a situation where the possibility of extending Centennial Drive will be lost. A dead end street will be created. The City's Comprehensive Plan specifically states that "whenever possible dead-end streets and cul-de-sacs should be avoided." The City could clearly avoid this situation by denying the Comprehensive Plan Amendment in this case. IV. ZONING ORDINANCE AMENDMENT A. Zoning Ordinance The Woodburn Zoning Ordinance implements the Woodburn Comprehensive Plan. While the Comprehensive Plan is a general document that is responsive to community growth, the zoning ordinance should insure that the location of various land uses and in some cases, the timing of those land uses, is in compliance with the Comprehensive Plan. The Zoning Map need not be a reflection of the Comprehensive Plan Map. In general, it will be more specific, containing many more designations than the Comprehensive Plan Map. In addition, there will be many cases where the zoning ordinance will be more restrictive than the map. This is because there are areas which must be retained in a more restrictive zone until public facilities are developed or public need is established for a zone change to a less restrictive zone. However, in no case should the Zoning Map allow a use which is less restrictive than that called for in the Comprehensive Plan. B. Conclusion Since the application to change the Comprehensive Plan designation can not be justified and should be denied, the application for a zone change should be denied in this case. V. SITE PLAN REVffiW APPLICATION A. Site Plan Review The standards and criteria for site plan review are contained in Chapter 11 of the Woodburn Zoning Ordinance. Page 9 - FINDINGS ~.., , B. Conclusion Since the application for site plan review is legally dependent on the Comprehensive Plan Amendment and Zone Change, it must be denied. Page 10 - FINDINGS ~