STAFF REPORT. Planning Commission. Anjanette Simon, Associate Planner

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1 STAFF REPORT TO: Planning Commission HEARING DATE: May 23, 2012 FROM: APPLICATIONS: LOCATION: Anjanette Simon, Associate Planner ZMA (158th and Baseline Station Community High Density Residential and Multi-Use Zoning Map Amendment) The subject sites consist of ten (10) parcels located in the general vicinity of SW 158th Avenue, Jay Street, and Baseline Road. The subject parcels are addressed and identified as the following: 1040 SW 160TH AVE 1S105CB W BASELINE RD 1S105CB W BASELINE RD 1S105CB W BASELINE RD 1S105CB SW 158TH AVE 1S105CB SW 158TH AVE 1S105CB SW 158TH AVE 1S105CB SW 158TH AVE 1S105CB SW 158TH AVE 1S105CB SW 160TH AVE 1S105CB01100 NEIGHBORHOOD ASSOCIATION: REQUEST: Five Oaks/Triple Creek Neighborhood Association Committee The City is initiating this discretionary annexation related zoning map amendment (ZMA) to replace Washington County zones with City of Beaverton zoning. Washington County s (TO:BUS) Transit Oriented Business District is not recognized under the Washington County-Beaverton Urban Planning Area Agreement. Zone selections are pursuant to policies contained in Washington County-Beaverton Urban Planning Area Agreement and reflect City zoning which most closely approximates what was previously applied prior to annexation. In this case, the proposal is to substitute Washington County s ZMA of 12

2 (TO:BUS) Transit Oriented Business District zoning with the City of Beaverton s Station Community-High Density Residential (SC-HDR) and Station Community-Multiple zones. New development is not proposed as a part of this application. APPLICANT: APPROVAL CRITERIA: City of Beaverton Community Development Director Development Code Section C RECOMMENDATION: Staff recommends the Planning Commission recommend the City Council adopt an ordinance applying the Station Community-High Density Residential (SC-HDR) and Station Community-Multiple Use (SC-MU) zoning designations to the subject parcels effective 30 days after adoption of the proposed ordinance. ZMA of 12

3 ZMA of 12 Exhibit 1.1

4 BACKGROUND ZMA proposes amendment of the Zoning Map. These amendments are requested in order to apply City zoning to the subject parcels which were annexed into the City through a separate process through Ordinance No in Under CPA , Ordinance 4187, the parcels were assigned the City of Beaverton land use designation Station Community (SC) which most closely represented the Washington County land use designations after the 2005 annexation. The parcels currently carry Washington County s Transit Oriented Business District zoning designation and were part of the Sunset West Community Plan, Subarea Elmonica. EXISTING CONDITIONS Uses The subject parcels are currently a mix of development including single-family dwellings, home remodeling office, along with other generic offices and associated facilities. Character The properties are located along the west side of SW 158 th Avenue between Baseline Road and SW Jay Street intersections with SW 158 th Avenue, along the south side of Baseline Road and north side of SW Jay Street. Street function classifications are as follows: SW 158 th Avenue arterial W Baseline Road collector SW Jay Street neighborhood Natural Resources The subject sites do not contain significant trees, floodplain areas, or any natural resources as the entire subject area is developed with a mixture of uses. ANALYSIS APPLICABLE COMPREHENSIVE PLAN GOALS Section 3.8 Station Community Development Section 3.8 of the Land Use Element of the Comprehensive Plan for the City of Beaverton addresses the City s Station Community (SC) land use designation. The goals and related policies for the SC designation are relevant to this proposal. It is as follows: Goal: Station Communities that develop in accordance with community vision and consistent with the 2040 Regional Growth Concept Map. ZMA of 12

5 The policies of Section include the following: a) Regulate new development in Station Communities to maximize the public infrastructure investment in light rail. b) Apply the Station Community land use designation generally within one mile of light rail station platforms. c) Apply zoning districts as shown in subsection 3.14 Comprehensive Plan and Zoning District Matrix. d) Adopt Community Plans identifying Comprehensive Plan Policies applicable to Station Community Areas to provide community vision. The subject properties were amended with the SC plan designation soon after annexation to the City of Beaverton. Determining which City designation(s) for the subject parcels requires the City to take into consideration the various City and County policies and regulations applicable to the subject parcels. One such policy, The Washington County-Beaverton Urban Planning Area Agreement (UPAA) does not identify the current County transit oriented zones nor the City s Multiple-Use zoning districts zone districts in the zoning translation crosswalk table between County zoning and City zoning as the UPAA was established February 10, 1989, prior to the existence of mixed-use and transit oriented zoning designations. However, staff has, in the past cited Section II.D. of the UPAA, for determining matching zones. Section II.D. of the UPAA states, in part: Upon annexation, the CITY agrees to convert COUNTY plan and zoning designations to CITY plan and zoning designations which most closely approximate the density, use provisions and standards of the COUNTY designations. Therefore, the proposal recommends the application of Station Community High Density Residential (SC-HDR) and Station Community Multiple Use (SC-MU) zoning to the properties which will, most closely approximate the density, use provisions and standards of the County designations for the required rezoning. Subject properties are within a mile from a light rail station. The SC-HDR and SC-MU zones correlate with the SC plan designation for the subject parcels and comply with the provisions contained in subsection 3.14 Comprehensive Plan and Zoning District Matrix. Section 6.2 Transportation Goals and Policies Section of the Transportation Element of the Comprehensive Plan for the City of Beaverton addresses the goals and policies ranging from design, safety, and functionality of City street system. Although new development is not proposed as part of this application, the following goals and policies are relevant: ZMA of 12

6 Goal: An efficient transportation system that reduces the percentage of trips by single occupant vehicles, reduces the number and length of trips, limits congestion, and improves air quality. The relevant policies of are as follows: g) Require land use approval of proposals for new or improved transportation facilities. The approval process shall consider the project s identified impacts. i) Support mixed-use development in appropriate locations and encourage local job creation in order to reduce the number of locally generated regional commuting and shopping trips. The intent of the proposed zones is to reduce single-driver trips and to support light rail, and feeder bus service, bicycle and pedestrian access to and from transit service. Station Community zones encourage mixed-use development where allowed to promote trip chaining in an effort to reduce vehicle trips, cold starts, and air pollution. In addition, the character of these zones encourages mixed-use development and operation of neighborhood retail and service business in close proximity to support local service needs. Finally, the Station Community zones are intended to support the use of alternative trip generation methodologies in transit-oriented developments and districts, where traditional trip generation expectations can be shown to be inflated. For the reasons specified above, the SC designation to the subject parcel will implement the City s Comprehensive Plan goals and polices along with the proposed zone amendments. COMPATIBILITY OF ZONING DISTRICTS Zone District Designation Comparison All the subject properties currently carry Washington County s Transit Oriented: Business zoning. The Washington County-Beaverton Urban Planning Area Agreement (UPAA) does not identify this zone district in the zoning translation crosswalk table between County zoning and City Zoning as the UPAA was established February 10, 1989, prior to the existence of mixed-use and transit oriented zoning designations. The proposed rezoning of the parcels to the City s Station Community High Density Residential and Station Community Multiple-Use zones most closely approximate the allowed uses and development standards of the County s Transit Oriented Business zone. Both of the County and City zones require subject parcels to be generally located within a half mile to a mile of light rail stations and be pedestrian oriented. The minimum Floor Area Ratio (FAR) for the County zoning for these specific properties would be 0.35 because the distance from a station platform is greater than 2,600-ft., where the City s FAR is slightly higher at There is no maximum FAR assigned for both zones, allowing for flexibility. Density assigned under City zoning would be 24 dwellings per ZMA of 12

7 acre, while the County does not indicate any residential-only density requirements. Similar uses are allowed out right or allowed through an application process such as: townhouses, row-houses, apartments, and group residences, hotels, parks, retail, offices, and service businesses. By applying the recommended City zones, the proposal is consistent with the City s planning goals and policies, as indicated above, and conforms to specifications in the Comprehensive Plan and Zoning District Matrix. COUNTY RESPONSIBILITY TO NOTIFY Section II.D. of the UPAA states, in part: the COUNTY will advise the CITY of adopted policies which apply to the annexed areas and the CITY shall determine whether CITY adoption is appropriate and act accordingly. Washington County was sent notice of the proposal on April 20, The County has not advised the city of adopted policies which may apply to the subject area. The Sunset West Community Plan does not identify the subject parcel as part of an Area of Special Concern. Subject to this zoning map amendment, the City of Beaverton will apply its zone designations that most closely correspond as a substitute for what had been previously assigned by Washington County. Subsequently, all City design standards pertaining to pedestrian access, landscaping, etc. will be applied for any new development through the review process once application for a proposed development is submitted. It should be noted, SW 158 th Avenue and Baseline Road are County maintained facilities and as such, access standards pertaining to this area of the street are under the control of Washington County. Exhibit 1.1 Exhibit 1.2 Exhibit 1.3 Vicinity Map EXHIBITS Zone Comparison Table; Density Table Zone Comparison Table; Permitted and Prohibited Uses ZMA of 12

8 ANALYSIS AND FINDINGS DISCRETIONARY ANNEXATION RELATED ZONING MAP AMENDMENT Development Code Section C. Approval Criteria: 1. The proposal satisfies the threshold requirements for a Discretionary Annexation Related Zoning Map Amendment application. Facts and Findings Section A. Threshold, states: An application for Discretionary Annexation Related Zoning Map Amendment shall be required when the following threshold applies: 1. The change of zoning to a City zoning designation as a result of annexation of land into the City and the Urban Planning Area Agreement (UPAA) does not specify a particular corresponding City zoning designation and discretion is required to determine the most similar City zoning designation. The zone change is requested in order to apply City zoning to the subject parcels which were annexed to the City of Beaverton in The parcels currently carry the Washington County Transit Oriented: Business zone designation. As noted in the Process section of this report, the UPAA does not specify any corresponding zoning designations for the County Transit Oriented: Business designation to City zoning. Therefore, discretion is required in determining the appropriate zoning designation. Therefore, staff finds the criterion is met. 2. All City application fees related to the application under consideration by the decision making authority have been submitted. Facts and Findings The City has initiated the proposed Zoning Map Amendment. Therefore the application fees are not applicable. Staff finds the criterion is not applicable. 3. The proposed zoning designation most closely approximates the density, use provisions, and development standards of the Washington County designation which applied to the subject property prior to annexation. Facts and Findings The language in this criterion was modified from the UPAA between Washington County and the City of Beaverton. Section II.D. of the UPAA states, in part: ZMA of 12

9 Upon annexation, the CITY agrees to convert COUNTY plan and zoning designations to CITY plan and zoning designations which most closely approximate the density, use provisions and standards of the COUNTY designations. Determining which City designation(s) will, most closely approximate the density, use provisions and standards of the COUNTY designations, for the subject parcels requires the City to take into consideration the various County policies and regulations applicable to the subject parcels. Washington County was sent notice of the proposal on April 20, The County has not advised the City of any new or contrarily adopted policies which may apply to the subject area. The following points and items have been historically the items which staff reviews when determining the most approximate City zone for parcels which carry the County s Transit Oriented zoning designation: Proximity to a Light Rail Station is generally a mile away Retail development is possible within the vicinity High density residential is within the area of the rezone. Importance of urban design in the area for future development No development is proposed at this time; however, the existing County zoning and the proposed zoning designations do have similarities. The subject parcels are approximately 1/2 a mile away from a Light Rail Station, retail does exist within the vicinity of the subject parcels, and there is high density residential developments within the immediate area. In addition, urban design is possible within the area and specific design standards would be required as any part of a new development proposal under Chapter 60 of the Development Code. The following sections describe the intent and purposes for each proposed City zone and Washington County s Transit Oriented: Business zone and the Community Plan Sunset West are shown in order to establish the similarities of the zones. Station Community Multiple Use District (SC-MU); City of Beaverton The SC-MU District is generally located within one-half mile of light rail station platforms. Primary permitted uses include office, retail, and service uses. Multiple use and residential developments are also permitted with no maximum residential density. Manufacturing and industrial uses are limited. Minimum residential densities and nonresidential intensities such as floor area ratios are required. Station Community High Density Residential District (SC-HDR); City of Beaverton The SC-HDR District is generally located within one-half mile of light rail station platforms. Primary permitted uses are for high density residential neighborhoods with minimum density requirements depending on proximity to a station platform and no maximum residential density. Other uses include commercial uses and parks of limited size in order to limit the amount of vehicular traffic. Office and retail uses are only allowed within multiple use developments along with other use restrictions. ZMA of 12

10 Transit Oriented Districts/Community Plan Sunset West, Subarea Elmonica Washington County The intent of the County s transit oriented districts is to direct and encourage development that is transit supportive and pedestrian oriented in areas within approximately one-half mile of light rail transit stations, within one-quarter mile of existing and planned primary bus routes and in town centers and regional centers. The purpose of the transit oriented districts is to limit development to that which (1) has a sufficient density of employees, residents or users to be supportive of the type of transit provided to the area; (2) generates a relatively high percentage of trips serviceable by transit; (3) contains a complementary mix of land uses; (4) is designed to encourage people to walk; ride a bicycle or use transit for a significant percentage of their trips. This area is part of Washington County Sunset West Community Plan; Subarea Elmonica. The land use pattern of station communities is designed to be high density and compact urban in character, whether residential or mixed use of commercial and employment. MAX was extended west into Washington County providing an 18-mile extension from downtown Portland to Beaverton and Hillsboro. Westside MAX opened for service in The development of transit oriented districts noted previously represent the County s land use planning efforts in this community plan to provide the residential densities and the employment base to support Westside MAX. Exhibit 1.2 of this staff report is a table showing the existing Washington County zone district densities and the densities of the proposed City zoning districts. In addition, Exhibit 1.3 is a permitted and prohibited uses table showing existing County TO: BUS and the City s proposed zoning districts. While the land uses of the proposed zoning district do not translate exactly to the uses allowed under the current County regulations, the proposed zoning districts do allow for most of the uses allowed under the County districts. In conclusion, the City s Station-Community zone designation will allow for a mix of uses and intensity of development envisioned by the Sunset West Community Plan. The City s Comprehensive Plan and Zoning District Matrix identifies five possible zoning districts associated with the Station Community Land Use designation (SC-HDR, SC- MU, SC-E1, SC-E3, SC-S). The Station Community-High Density Residential (SC- HDR) and Station Community-Multi-Use (SC-MU) zoning districts have uses and site development requirements consistent with Washington County requirements under Transit Oriented: Business. Both the TO:BUS, SC-HDR and SC-MU require sites to be located within approximately half mile to a mile of a Transit Light Rail Station. As stated above, the subject parcels are within a mile of a light rail station, support mixed uses and intense urban development. Therefore, staff find the proposed City zoning designations will be the most closely approximate match to the existing Washington County zoning. Therefore, staff finds the criterion is met. ZMA of 12

11 4. The proposed zoning designation is consistent with the Washington County - Beaverton UPAA. Facts: Section II.D. of the UPAA states: The CITY and the COUNTY agree that when annexation to the CITY takes place, the transition in land use designation from one jurisdiction to another should be orderly, logical and based upon a mutually agreed upon plan. Upon annexation, the CITY agrees to convert COUNTY plan and zoning designations to CITY plan and zoning designations which most closely approximate the density, use provisions and standards of the COUNTY designations. Such conversions shall be made according to the tables shown on Exhibit B to this Agreement. Exhibit B of the UPAA does not identify these current County transit oriented zones nor the City s Multiple-Use zoning districts as the UPAA was established February 10, 1989, prior to the existence of mixed-use and transit oriented zoning designations. Furthermore, the UPAA has not been modified to recognize these zoning districts. Determining which zoning district most closely approximates the density, use provisions and standards of the County designations, for the subject parcels requires the City to take into consideration the various County requirements for the subject parcels, addressed under criterion 3, above. Additionally, Section II.A. of the UPAA states: The CITY recognizes and supports the COUNTY s Community Plan and land use designations and agrees to convert COUNTY land use designation to CITY land use designations upon annexation. In addition, the COUNTY will advise the CITY of adopted policies which apply to the annexed areas and the CITY shall determine whether CITY adoption is appropriate and act accordingly. Washington County was sent notice of the proposal on April 20, The County has not advised the city of adopted policies which may apply to the subject area. Therefore, staff finds the criterion is met. 5. Applications and documents related to the request, which will require further City approval, shall be submitted to the City in proper sequence. No further applications and documents are required of this request. Staff finds the criterion is not applicable. ZMA of 12

12 CONCLUSION Based on the facts and findings presented, staff conclude that amending the City s Zoning Map to depict the Station Community-High Density Residential and Station Community- Multiple-Use zoning districts are appropriate for the subject parcels and most closely approximates the density, use provisions and standards of the County Transit Oriented: Business zoning designations. Furthermore, staff find the proposed zoning map amendment is consistent with the provisions contained in subsection 3.14 Comprehensive Plan and Zoning District Matrix. ZMA of 12