The attached Findings, Conclusions and Order finalize the City Council s tentative decision.

Transcription

1 . TO: FROM: Kent Studebaker, Mayor Members of the City Council David Powell, City Attorney SUBJECT: Findings, Conclusions and Order (LU 1-00) Zoning Map Amendments 10 Ridgecrest Drive DATE: December, 1 MEETING DATE: December 1, 1 SUGGESTED MOTION Move to adopt the Findings, Conclusions and Order denying the requested Zoning Map amendment for 10 Ridgecrest Drive and directing staff to revise the application. DISCUSSION On December, 1, the City Council conducted a public hearing on the Planning Commission s recommendation to amend the Zoning Map Designation for the front portion of 10 Ridgecrest Drive from R- to R-1 to be consistent with the Comprehensive Plan Map, which designates the entire property as R-1. The Zoning Map currently designates the back portion of that property as R-1. At the hearing, the property owner s representatives opposed the map amendment, pointing out that the property is more similar to the R- parcels to the west than it is to the larger R-1 parcels to the east. They were also concerned that the proposed amendment would result in a loss of development potential. The City Council tentatively decided to deny the requested Zoning Map Amendment, and to direct staff to return to the Planning Commission with a revised application to amend the Comprehensive Plan Map to designate the entire property at 10 Ridgecrest Drive as R-, to amend the Zoning Map designation for the back portion of that property from R-1 to R-, and to extend the Uplands R- Overlay District over the entire property. The attached Findings, Conclusions and Order finalize the City Council s tentative decision A Avenue PO BOX Lake Oswego, OR 0

2 Page RECOMMENDATION Adopt the Findings, Conclusions and Order in LU 1-00 denying the requested Zoning Map change for 10 Ridgecrest Drive, and directing staff to revise the application. ATTACHMENT Findings, Conclusions and Order LU 1-00 (relating to 10 Ridgecrest Drive) A Avenue PO BOX Lake Oswego, OR 0

3 ATTACHMENT A REQUEST FOR AMENDMENTS TO THE ZONING MAP TO CORRECT AN ERROR AND MAKE THE ZONING MAP CONSISTENT WITH THE COMPREHENSIVE PLAN MAP. NATURE OF APPLICATION BEFORE THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO LU 1-00 (RELATING TO 10 RIDGECREST DRIVE) CITY OF LAKE OSWEGO FINDINGS, CONCLUSIONS & ORDER Amendment to the Zoning map designation for the front portion of 10 Ridgecrest Drive (LU 1-00, Ordinance ) from R- to R-1 to make the Zoning Map consistent with the Comprehensive Plan Map. NATURE OF PROCEEDINGS This matter came before the Lake Oswego City Council on the recommendation of the Planning Commission for a quasi-judicial amendment to the Zoning Map to correct a conflict between the Zoning Map and Comprehensive Plan map. HEARINGS The Planning Commission held a public hearing and considered this application at its meeting on September, 1, October, 1 and November, 1, where the Commission adopted its Findings, Conclusions and Order recommending approval of LU The City Council held a public hearing and considered the Planning Commission s recommendation on December, 1. CRITERIA AND STANDARDS A. City of Lake Oswego Community Development Code-Procedure (LOC Chapter 0) LOC b LOC LOC LOC LOC LOC Burden of Proof Appeals Major Development (excluding subsection d.ii) Conditions of Approval Notice of Public Hearing Hearings before a Hearings Body Page 1 of FINDINGS, CONCLUSIONS & ORDER (LU 1-00 RELATING TO 10 RIDGECREST DRIVE)

4 LOC a LOC c LOC d LOC e Legislative Decision Defined (Quasi-judicial Comp. Plan and Zone Map Amendments to be processed via Major Developments Procedures) Required Notice to DLCD Planning Commission Recommendation Required City Council Review and Decision B. City of Lake Oswego Comprehensive Plan Policies Land Use planning Policies D-1 and D- Land Use Administration Policy E-(a)(b)(i)(ii A-G) Comprehensive Plan Amendments Community Culture (Civic Engagement) Policy 1,, and Citizen Involvement Complete Neighborhoods and Housing Goals 1- Policy A-1c Housing Location and Quality Policy A- Density Connected Community Policy C- Efficiency C. Metro Urban Growth Management Function Plan Title 1: Title : Housing [MC.0..E Regional Transportation Functional Plan [.0..A] E. Transportation Planning Rule (Chapter 0, Division ) OAR 0--00(1) FINDINGS AND REASONS The City Council received testimony from representatives of the owner of 10 Ridgecrest Drive objecting to the proposed Zoning Map amendment to change the designation of the front portion of the property from R- to R-1. It was argued that the back portion should instead be re-zoned to R- because the size and configuration of the property is more similar to the R- parcels to the west as opposed to the R-1 parcels to the east, and because of concerns about loss of development potential. The Council recognizes the importance of making the Zoning Map consistent with the Comprehensive Plan Map, but also notes the similarities between the subject parcel and the R- properties to the west, coupled with a lack of evidence in the record of any rationale as to Page of FINDINGS, CONCLUSIONS & ORDER (LU 1-00 RELATING TO 10 RIDGECREST DRIVE)

5 why the Comprehensive Plan should have a dissimilar designation for 10 Ridgecrest. An amendment of the Comprehensive Plan Map designation for the entire property to R- should be considered, together with a corresponding Zoning Map amendment for the back portion. This would also require amending the Zoning Map to extend the Uplands R- Overlay District over the entire property. Since those potential changes are outside the scope of the proposal for LU 1-00 as described in the previously-issued public notices, it will be necessary to revise the application and provide new notices of proceedings before the Planning Commission. CONCLUSION The City Council concludes that, for the reasons stated in these findings, the request to change the zone designation for the front portion of 10 Ridgecrest from R- to R-1 should be denied. Draft Ordinance, implementing that request, should not be enacted. ORDER The request in LU 1-00 to change the zone designation for the front portion of 10 Ridgecrest Drive from R- to R-1 is denied. Staff is directed to revise the application to request amendment of Comprehensive Plan Map designation for the entire property at 10 Ridgecrest Drive from R-1 to R-, and amendment of the Zoning Map designation for the back portion of that property from R-1 to R- and to extend the Uplands R- Overlay District over the entire property. Staff is also directed to issue new notices for the revised application and to return the matter to the Planning Commission for a hearing and recommendation. AYES: NOES: ABSENT: ABSTAIN: EXCUSED: Page of FINDINGS, CONCLUSIONS & ORDER (LU 1-00 RELATING TO 10 RIDGECREST DRIVE)

6 1 DATED this 1 th day of December, 1. Kent Studebaker, Mayor ATTEST: Anne-Marie Simpson, City Recorder Page of FINDINGS, CONCLUSIONS & ORDER (LU 1-00 RELATING TO 10 RIDGECREST DRIVE)