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Ordinance No. 17-16 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 17- 16 AN ORDINANCE AMENDING THE TIGARD COMMUNITY DEVELOPMENT CODE SECTIONS 18.520.030, 18.630.015, AND 18.630.A, TO PERMIT MOTOR VEHICLE SALES/RENTAL IN THE MALL SUBDISTRICT OF THE MUC ZONE AS A STAND-ALONE USE PROVIDED OUTDOOR INVENTORY IS SCREENED FROM VIEW (DCA2017-00001) WHEREAS, the City received application for a proposed code amendment to amend the text of the Commercial Zoning Districts Chapter (18.520) of the City of Tigard Community Development Code to permit Motor Vehicle Sales/Rental as a stand-along use in the Mixed Use Commercial (MUC) zone within the Washington Square Regional Center Plan District; and WHEREAS, City staff recommends an alternative amendment, consistent with the applicant's purposes, that utilizes the sub-district approach to accommodating the Motor Vehicle Sales/Rental use as a stand-alone use in the MUC zone. WHEREAS, notice was provided to the Department of Land Conservation and Development at least 35 days prior to the first evidentiary public hearing; and WHEREAS, notice to the public was provided in conformance with the Tigard Community Development Code Chapter 18.390.060.D; and WHEREAS, the Tigard Planning Commission held a public hearing on June 5, 2017 and recommended with a vote of seven in favor and one opposed, that Council approve the proposed code amendment; and WHEREAS, the Tigard City Council held a public hearing on July 11, 2017, to consider the proposed amendment; and WHEREAS, the Tigard City Council has considered the recommendation of the Planning Commission; and WHEREAS, the Tigard City Council has considered applicable Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; any federal or state statutes or regulations found applicable; any applicable Metro regulations; any applicable Comprehensive Plan Policies; and any applicable provisions of the City's implementing ordinances; and WHEREAS, the Tigard City Council has determined that the proposed development code amendment is consistent with the applicable review criteria, and unanimously approves the request as being in the best interest of the City of Tigard. ORDINANCE No. 17- 16 Page 1 NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The specific text amendment attached as "EXHIBIT A" to this Ordinance is hereby approvedP by and adopted b the Ci Council. �' SECTION 2: The findings in the June 15, 2017 Planning Commission Recommendation to Council and the Minutes of the June 5, 2017 Planning Commission hearing are hereby adopted in explanation of the Council's decision. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By U 4&11)M-55 9 vote of all Council members present after being read by number and title only,this 4A day of ,2017. Car A. Krager,City Record APPROVED: By Tigard City Council this 1 /fi day of CY 14 4 32017. "(/1 1—j John 0 Cook,Mayor Approved as to form: City A Date ORDINANCE No. 17- Page 2 EXHIBIT A Me1-761-e al DCA2017-00001 MOTOR VEHICLE SALES IN THE MUC ZONE DEVELOPMENT CODE AMENDMENT Explanation of Formatting These text amendments employ the following formatting: St6kethrough - Text to be deleted [Bold,Underline and Italic] — Text to be added Chapter 18.520 TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES [The MUC District allows Motor Vehicle Sales/Rental as a restricted use subject to the following limitation:] [24] Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use, and does not exceed the floor area of the permitted use-, or as otherwise permitted in the Mall Subdistrict, per 18.630.015.B 18.630.015 Where These Regulations Apply A. The regulations of this chapter apply to the Washington Square Regional Center Plan District. The boundaries of this plan district are shown on Map 18.630.A located at the end of this chapter, and on the official zoning map. B. Subdistricts. The sub-area identified on Map 18.630.A and described below has different land use and development regulations. 1.Mall Subdistrict. In addition to the land uses permitted in TABLE 18.520.1 USE TABLE: COMMERCIAL ZONES for the MUC zone, motor vehicle sales/rental may be permitted as a stand-alone use provided all outdoor vehicle sales inventory is screened from view from adjacent public roadways,,and complies with all other applicable development standards. { b Lt /"IA( q re !I-f b a f h O P v qu e Screen_ ' and everyreei% l ar tVscq-1o)n y, EXHIBIT 1 Map 18.630.A:Washington Square Regional Center Plan District Boundaries and Subdistricts v".1-lungton.Square Regional Ce11(cr 111311 District (:ih of'1'ig,lyd y Plan District Boundary Tigard City Boundary - Macerich MUC / Subdistrict Boundary 1 9 G� I J' 1 � C ♦ 1 ♦♦ 1 r PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL a FOR THE CITY OF TIGARD, OREGON 120 DAYS = N/A SECTION I. APPLICATION SUMMARY FILE NAME: MUC MOTOR VEHICLE SALES CODE AMENDMENT FILE NO.: Development Code Amendment DCA2017-00001 PROPOSAL: The applicant, owner and operator of Washington Square Mall, requests amending the text of the Mixed Use Commercial (MUC) District (Community Development Code Section 18.520.030) in order to facilitate development and redevelopment opportunities. The proposed text amendment would change the allowed uses in the Washington Square Regional Center Plan District's MUC zone, Table 18.520.1 Use Table: Commercial Zones, Foot Note [24], to permit le R ntal as a rima use in certain areas subject to certain Motor Vehicle Sales/Rental primary � screening requirements. APPLICANT/ Macerich,Inc. OWNER: Contact: Overton"Skip" Kuhn VP Dev. 401 Wilshire Boulevard, Santa Monica,CA LOCATION: Within the MUC zone,north of Hwy 217. ZONE/ COMP PLAN DESIGNATION: MUC: mixed use commercial district. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380, 18.390, 18.520 and 18.630; Comprehensive Plan Goals 1,2,9, 12;Statewide Planning Goals 1,2,9, 12. PLANNING COMMISSION CITY COUNCIL. DC\2017-00001 NIUC Motor Vehicle Sales Code Amcndmcnt PAG I?1 OF 15 SECTION 11. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends that City Council approve the proposed Plan District amendment included in Attachment 1 of this report, or as otherwise amended through the public hearing process. SECTION 1I1. BACKGROUND AND PROJECT SUMMARY This proposed code amendment has been initiated by Macerich, owner and operator of Washington Square Mall. Macerich requests amending the text of the Mixed Use Commercial (MUC) District (Community Development Code Section 18.520.030) to allow Motor Vehicle Sales/Rental as a primary use in order to facilitate development and redevelopment opportunities. The subject site, the area identified by Maserich for the siting of an auto dealership, is located northwest of the intersection of the Hwy 217 and SW Greenburg Road and south of Washington Square Road,a private street.The area is known as the Washington Square"Fringe" property as it lies beyond the Washington Square Mall proper and Washington Square Mall Too property north of Washington Square Road.The property in the Fringe had been developed in the late 1970s and 1980s with a cinema,TGIF restaurant, Cucina Cucina restaurant, and a bank. The cinemas were demolished and the TGIF building was abandoned years ago, Cucina Cucina was redeveloped as a Thirsty Lion restaurant, and the bank still remains. With one exception, the underperforming property has not attracted any redevelopment interest. A themed chain restaurant obtained a development permit in 2008 but did not act on it as the great recession overtook the market. With this backdrop, the motor vehicle sales proposal is a welcome redevelopment opportunity for Macerich. However, to permit the use as proposed requires a text amendment to allow the use to stand on its own and not be subject to the current restriction of being contained within the same building as a permitted use and not exceed the floor area of the permitted use. The existing code language and proposed text amendment are as follows: Existing Code Language: Motor Vehicle Sales/Rental is permitted as a restricted use in the Mixed Use Commercial (MUC) zone within the Washington Square Regional Center Plan District,subject to the following limitation: Table 18.520.1.[24] Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use,and does not exceed the floor area of the permitted use. Applicant's Proposed Amended Code Language: [24] This use is allowed only in mixed use developments in the Washington Square Regional Center at (1) a location north of Highway 217 and (2) provided outdoor vehicle display and storage is predominantly screened from the adjacent frontage of such roadways in a manner which ensures a pedestrian-oriented environment on such frontages. The applicant has included a Site Survey dated March 17, 2017 which includes Tax Lots 100 and 101 of Washington County Tax Map 1S135BA (below, Figure 2). The site survey includes the property in PLANNING COMMISSION RE.CONIME;NDATION TO CPTY COUNCIL DCA2017-00001 NIUC Motor Vehicle Sales Code Amendment PAGH 2 01715 Macerich's ownership where the proposed Motor Vehicle Sales/Rental use would occur under current market demand.As shown in the Site Aerial (below,Figure 1), the Thirsty Lion,vacant TGIF building and associated surface parking lots are located on Tax Lot 100; Tax Lot 101 contains a surface parking lot. r a a ,y MTO 8 D�qa Wr 11 1 ties Figure 1. Site Aerial PLANNING COMMISSION UMNINIRNDATION TO(IN COUNCIL, DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAG,1113 OF 15 "Cl. 110 wu OpL IO,IAN a Q Jf Figure 2. Site Survey PLANNING,COMMISSION RECOMMENDATION TO CITY COUNCIL DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGE 401,'15 SECTION IV. ANALYSIS The existing development code permits Motor Vehicle Sales/Rental as a restricted use in the MUC zone as long as it is accessory to a permitted use contained within the same building as the permitted use,and does not exceed the floor area of the permitted use. X ® These restrictions ensure the use is associated with ® mixed use development, limited relatively as to size and has no exterior impacts. These restrictions flow I t `. from the Washington Square Regional Center Plan (Plan), in which the Plan area is analyzed through five smaller districts identified as Districts A through •' E. The Plan identifies the subject property as being located in District A: The Commercial Core, "as containing surface parking lots that represent the t # t r p single greatest opportunity for new development in the district." The Plan anticipated development in the mixed use commercial district such as "office % " � i �' `� .- towers housing many new jobs and high density �w four to five-story residential buildings. This district would be highly urbanized with significant transit, pedestrian and bike improvements as well as enhanced traffic access and circulation." The Plan included development standards for the MUC zone ( ® of a minimum of two stories with 1.25 FAR. Div.riets within at study ama The urban character and density envisioned by the Plan is in conflict with the typical low-density single-story buildings and surface parking lots associated with suburban-style motor vehicle sales. Therefore, staff's support of the code amendment proposed by Macerich has been predicated on the understanding that the current restrictions ensuring mixed use, limiting size and avoiding exterior impacts be addressed if the use were permitted to stand alone and not be contained within a building. To the extent the outdoor sales inventory can be effectively screened from view from public rights of way, the purpose of the indoor requirement can be addressed through alternative means. Working with the applicant through design development,it appears as though all vehicle sales inventory can be screened from view from adjacent public roadways at the subject site. Furthermore, the stand- alone layout can be considered a horizontal mixed use along with the existing bank and restaurant uses on the subject site. All other development code provisions must still be met including the minimum 1.5 FAR for the mixed use site, which could be achieved through phased development over time under existing code provisions,and the two-story minimum building height. The applicant proposes a limited area where the use would be permitted, as shown in Figure 2 (Site Survey dated March 17, 2017) above. The area is coterminous with the lease area required for the anticipated dealership. Restricting the use to this area would limit the amount of the MUC that could be used for relatively low-density auto dealerships in the Plan District. PLANNING COMMISSION RE'COMMENDA'TION 7'O Cl IY COUNCIL. DCA2017-00001 MUC Motor Nlel&le Sales Codc Amendment PAGE'5 0h 15 t...A.LNifi[t 1 � g ! wui n Btowrt �o+�ntas si L M �t ss Os MUR• O$ LI 'i tL2M W p f URA Im Figure 3. Current Zoning Proposed Staff Alternative Alternatively, staff proposes implementing the text amendment through a sub district construction that is used elsewhere in the code, as in the Tigard Downtown Plan District and the Durham Advanced Wastewater Treatment Facility Plan District. This would include a revised Use Table Note 24 that would direct an applicant to the sub district plan map to determine where the Motor Vehicle Sales/Rental use is permitted and on what terms. The sub district area could be the area proposed by Macerich or expanded to include all of the contiguous Macerich or"mall" property, as shown on the proposed sub district boundary map, Figure 4., below (and shown in Attachment 1). Staff proposes that placing all of the mall property within the sub district could facilitate future unanticipated redevelopment of the mall properties through acknowledgement of the mall's particular circumstances including access, expansive parking lots, and the mall building itself, as envisioned in the Washington Square Regional Center Plan. A sub-district provides much more code flexibility and clarity for users of the code. Washington Square Mall is one of the largest of its kind in the state and has unique characteristics and needs that are not easily captured in a standard base zone. That unique characteristics of the mall are better accommodated within a sub-district. Any potential future development scenario that develops for the mall property can be more easily captured in the sub-district, leaving the rest of the plan district unaffected. This allows for town center level mixed use urbanization in the majority of the district, while recognizing that the mall itself is an entity of its own. Additionally, regulating through a sub-district achieves the Department's goal of reducing or eliminating regulations done through footnotes. Regulation through footnotes has caused multiple errors in the past either through confusion or just getting overlooked because they are "hidden" at the bottom of a table in very small font. Regulating through a sub-district is much easier to implement. PLANNING COMMISSION REC NINIENDATION TO CITY COUNCIL DCA2017-00001 1\I UC Motor Vehicle Sales Cade Amendment PAGE 6 OF 15 .I i 1 4 t YJestor Sqt are Reg onzl Gonr �aaQO (;enter F'lar tAstnd �\V City cl Tlgard t 1t G!Cj� OVV J uietd a a .444. WNcrr • 4 Ssu•Arry lrrf r MUR-1 MUR-2 -4.5 R-12 0 MUE- 2 R-12 MUE-1 PR RA S� MUR 2 I (PD) R-7 1 1 (PD) PR :T: RAS „R-12 i R-7 R.12 (PD) MUR-1 R (PD) 1 R-3.5R-0.5 ~� i R-7 �� ry R-12 R12rn Figure 4. Proposed Mall Sub-district In conclusion, staff finds that the proposed development code amendment can be approved consistent with development code provisions and comprehensive plan policies and recommends the sub-district approach to accommodating the motor vehicle sales/rental use as a stand-alone use in the MUC zone. As shown in the findings below, the proposal is consistent with the applicable provisions of the City of Tigard's Development Code and Comprehensive Plan Policies. SECTION V. APPLICABLE CRITERIA, FINDINGS AND CONCLUSIONS This section contains all the applicable city and state policies, provisions, and criteria that apply to the proposed Development Code amendment. Each section is addressed demonstrating how each requirement is met. APPLICABLE PROVISIONS OF THE TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18) Chapter 18.380: Zoning and Text Amendments 18.380.020.A Legislative text amendments shall be undertaken by means of a Type Legislative IV procedure, as governed by Section 18.390.060G Amendments FINDING: The proposed legislative amendment is being reviewed under the Type IV legislative procedure as set forth in the chapter. This procedure requires PLANNING COMMISSION RI?COAL X11?Nle;A'I'U)N 7Y)CITY COUNCIL DCA2017-00001 AIDC Motor V'chi le SaIcs Codc;Amendment PAGE 7 OF 15 public hearings before both the Planning Commission and City Council. Chapter 18.390: Decision-Making Procedures 18.390.020.B.4 Type IV procedures apply to legislative matters. Legislative matters Type IV involve the creation, revision, or large-scale implementation of Procedures public policy. Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. FINDING: The proposed text amendment to the Tigard Development Code involves the revision of public policy with respect to implementation of the Washington Square Regional Plan District. Therefore it will be reviewed under the Type IV procedure as detailed in Section 18.390.060.G. In accordance with this section, the amendment is initially being considered by the Planning Commission with City Council making the final decision. 18.390.060.G. The recommendation by the Commission and the decision by the Decision-making Council shall be based on consideration of the following factors: considerations. 1. The Statewide Planning Goals and Guidelines adopted under Oregon Revised Statutes Chapter 197; 2. Any federal or state statutes or regulations found applicable; 3. Any applicable Metro regulations; 4. Any applicable comprehensive plan policies; and 5. Any applicable provisions of the City's implementing ordinances. FINDING: Findings and conclusions for the applicable Tigard Comprehensive Plan policies and Development Code provisions for the proposed text amendment are provided in the analysis of each applicable criterion below. No federal or state statutes or Metro policies were found applicable. Chapter 18.520 Commercial Zoning Districts 18.520.020.H MUC: mixed use commercial district. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under,behind or to the sides of buildings. FINDING: The general description of the MUC zoning district would continue to apply.The proposed MUC sub district would be described within the Washington Square Regional Center Plan District, as shown in Attachment 1. 18.520.030 A.2 A restricted (R) use is permitted outright providing it is in compliance with special requirements, exceptions or restrictions. B. Use table. A list of permitted, restricted, conditional and prohibited uses in commercial zones is presented in Table 18.520.1: PLANNING COMMISSION CHY COLINC11. DCA2017-00001 MUC Motor Vehicle Sales Codc Amendment PAGI?8 01`15 USE CATEGORY MUC[28] Motor Vehicle Sales/Rental R[24] [24] Permitted as accessory to a permitted use as long as this use is contained within the same building as the permitted use,and does not exceed the floor area of the permitted use. [28]All Permitted and Conditional Uses subject to special development standards contained in Chapter 18.630. FINDING: The motor vehicle sales/rental use would continue to be a restricted use as modified by the sub district criteria,as shown in Attachment 1. 18.520.040 Development Standards A. Compliance required.All development must comply with: 1. All of the applicable development standards contained in the underlying zoning district, except where the applicant has obtained variances or adjustments in accordance with Chapter 18.370; 2.All other applicable standards and requirements contained in this title. B. Development standards. Development standards in commercial zoning districts are contained in Table 18.520.2 FINDING: The minimum setbacks, building heights, site coverage, landscape, minimum FAR, and residential density contained in Table 18.520.2 would continue to apply. CONCLUSION: As shown in the findings above, the applicable provisions of the MUC zoning district would continue to apply, as modified by the sub district criteria, as shown in Attachment 1. Chapter 18.630 Washington Square Regional Center Plan District 18.630.010.A. Purpose. 1. This chapter will implement the vision, concepts and principles contained in the Washington Square Regional Center Plan, and the recommendations contained in the Phase II Implementation Plan Summary Report, prepared by a task force appointed by the City of Tigard. The proposed text amendment is not in conflict with the vision, concepts and principles contained in the Washington Square Regional Center Plan, as described above. The recommendations contained in the Phase 11 Implementation Plan Summary Report addressed transportation, natural resources, stormwater, and parks and open space issues that are not directly related to the proposed motor vehicle sales/rental use amendment, and which are otherwise implemented through the development code for all development. 2. Metro's Regional Urban Growth Management Functional Plan target growth capacity for the Washington Square regional center will be met by permitting mixed use development within the regional center at densities appropriate for an urban center. Although the applicant has addressed Title 6: Centers, Corridors, Station Communities, and Main Streets in their narrative, Title 6 is not a required section for review applicable to the proposed text PLANNING COMMISSION RI?CO\11111?ND,1'1'ION"l'O CHY CC)UNCI, DCA2017-00001 MUC Alotor Vehicle Sales Code Amelidment PAGE 9 C)P 15 amendment. According to Metro staff, Title 6 addresses incentives for regional investment eligibility, such as transit improvements. Metro has no objection to the proposed text amendment. 3. A mixed use regional center will contain a variety of districts that vary in scale, predominant use, and character. Distinct districts, connected to each other and to the rest of the region by a multi-modal transportation system, will provide a range of working, living and shopping opportunities. The proposed text amendment is not in conflict with a mixed use regional center containing a variety of districts that vary in scale, predominant use, and character. As discussed above the subject site is located in the Plan's District A: The Commercial Core, and can be developed consistent with applicable development code provisions and Comprehensive Plan policies. As proposed by staff, the sub-district concept allows for better implementation of a "regional center [that] will contain a variety of districts that vary in scale,predominant use,and character",as envisioned in the plan. 4. Improved multi-modal transportation links, higher densities, variety of land uses, and enhanced environmental qualities will all contribute to create a desirable, livable community in the face of dramatic population and employment growth. The proposed text amendment is not in conflict improved multi-modal transportation links, higher densities,variety of land uses, and enhanced environmental qualities. As discussed above the subject site is located in the Plan's District A: The Commercial Core, and can be developed consistent with applicable development code provisions and Comprehensive Plan policies. The proposed sub-district organization of the Plan District recognizes the uniqueness of the mall property and anticipated differences in future development of the mall site compared to the rest of the Plan District,which is supportive of a variety of land uses within the district. 5. New mixed-use zoning districts, along with existing residential zoning districts in established areas, are appropriate for the regional center. The proposed sub-district amendment allows for more flexibility and specificity of uses within the mall area of the MUC zoning district. However, as discussed above the proposed change does not inhibit development consistent with applicable Development Code provisions and Comprehensive Plan policies. The applicant states the proposed text amendment is consistent with the policy framework in the WSRC Plan as follows. "Overall Vision: The Summary Report's Overall vision for the Washington Square Regional Center is a vital regional center serving the needs of Washington County residents for employment, housing, shopping and professional services. (WSRC Plan p. 16) The proposed text amendment will allow additional options for commercial use,while ensuring a pedestrian oriented environment along street frontages in the regional center and is consistent with this vision. Commercial Core: The recommendations for District A (Commercial Core) focus on the development of Washington Square Mall as a high density mixed use area. Allowance of additional commercial uses in this area provides the potential for greater commercial density through infill with additional commercial uses. PLANNING COMMISSION RECOMMENDA,nON TO CITY COUNCIL DCA2017-00001 MUC Motor Vehicle Sales Code Amendment PAGB 10 Oh 15 Mixed Use Development: Chapter 5 of the Summary Report focuses on land use innovations, specifically mixed use development that is encouraged in the MUC zone and WSRC Plan District. It finds that development of housing, entertainment and retail adds vitality and interest to a community. The MUC zone is intended to "create a dense mixed-use commercial core of the Washington Square Regional Center," and "provide opportunities for major retail goods and services." (P. 37). The text amendment will allow additional commercial development options in the MUC zone and is consistent with this goal. Intensification of Land: The text amendment will allow an additional use in the MUC zone. This is consistent with the goal of increased intensification of the land in order to meet the target growth capacity for the Washington Square Regional Center." FINDING: As shown in the analysis above, the proposed development code amendment is consistent with the purposes of the Washington Square Regional Center Plan District. CONCLUSION: Based on the findings above,the proposed code amendment is consistent with the applicable provisions of the Tigard Development Code, and the purpose statement of the Plan District. APPLICABLE COMPREHENSIVE PLAN POLICIES 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. 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. FINDING: Public Hearing notification requirements pursuant to Chapter 18.390.060 of the Tigard Community Development Code were followed. A notice was published in The Tigard Times in accordance with Tigard Development Code Chapter 18.390 on May 11,2017. Public hearing notice of the Planning Commission and City Council public hearings was sent to the interested parties list and property owners within 500 feet of the subject property on May 11,2017. All notices invited public input and included the phone number and email of a contact person to answer questions. The notice also included a link to the City's webpage where the draft of the text changes could be viewed. 131-ANNING COMMISSION RECOMMENDATION TO CITY COUNCIL. DCA2017-00001 AIUC motor Vehicle Sales Code Amoidment PAG 1,1101�15 CONCLUSION: Based on the above findings,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. Policy 2 The City's land use regulations, related plans, and implementing actions shall be consistent with and implement its Comprehensive Plan. Policy 5 The City shall promote intense urban level development in Metro- designated Centers and Corridors, and employment and industrial areas. FINDING: Applicant's Response: The proposed text amendment will modif 7 the MUC zone to allow Motor Vehicle Sales/Rental as a primary use within certain areas and subject to certain screening requirements. This proposed change to the City of Tigard Development Code would occur subject to a Type IV legislative approvals process. Type IV text amendments must address provisions within the Statewide Land Use Planning Framework and Goals adopted under ORS Chapter 197, any applicable Metro Urban Growth Management Functional Plan regulations, City of Tigard Comprehensive Plan policies, and any applicable provisions of the City's implementing ordinances. A response to each pertinent provision is provided within this narrative to serve as a factual base for both the Planning Commission's and City Council's determination. As addressed in the Comprehensive Plan, "[i]n the City's downtown center, commercial corridors, regional center, and industrial areas, the Comprehensive Plan and implementing regulations will guide the development of vibrant and compact urban housing and employment/shopping areas." The proposed text amendment will expand the commercial uses allowed within the Washington Square Regional Center which is consistent with this goal. CONCLUSION: Based on the above findings,Tigard Comprehensive Plan Goal 2.1 Policies 1,2, and 5 are met. Chapter 9: Economic Development Goal 9.1 Develop and maintain a strong, diversified, and sustainable local economy. Policy 2 The City shall actively encourage businesses that provide family-wage jobs to start up, expand, or locate in Tigard. PLANNING COMMISSION It1;COy1All?NllA'1'lUN'1'O CITY COUNCIL, DCA2017-00001 DIUC NIotor Vehicle Sales Code Amendment PAG1?12 OF 15 FINDING: The proposed Plan District amendment would allow existing businesses in Portland to relocate in Tigard. Policy 3 The City's land use and other regulatory practices shall be flexible and adaptive to promote economic development opportunities, provided that required infrastructure is made available. FINDING: The proposed Plan District amendment would provide flexibility in the implementation of the city's land use code to adapt to market interest in property that has underperformed for many years. The proposed amendment would expand economic redevelopment and infill opportunities without adversely impacting existing transportation infrastructure. Policy 12 The City shall assure economic development promotes other community qualities, such as livability and environmental quality that are necessary for a sustainable economic future. FINDING: The proposed Plan District amendment would allow economic redevelopment and infill opportunities without sacrificing other community qualities. A stand-alone motor vehicle sales/rental use on the subject site would be required to meet all of the applicable development standards to ensure livability and environmental quality that are necessary for a sustainable economic future. Goal 9.3 Make Tigard a prosperous and desirable place to live and do business. Policy 2 The City shall adopt land use regulations and standards to ensure a well-designed and attractive urban environment that supports/protects public and private sector investments. FINDING: "The proposed Plan District amendment would remove a restriction that unnecessarily restricts private sector investment within the city. Adoption of the proposed code amendment allowing a stand-alone motor vehicle sales/rental use would still be subject to all applicable development standards to ensure a well-designed and attractive urban environment that supports/protects public and private sector investments. CONCLUSION: Based on the above findings,Tigard Comprehensive Plan Goal 9.1,Policies 2, 3, and 12 and Goal 9.3,Policy 2,are met. Goal 12.1 Develop mutually supportive land use and transportation plans to enhance the livability of the community. Policy 10 The City shall require all development to meet adopted transportation standards or provide appropriate mitigations. FINDING: Applicant's Response: Goal 12 is implemented through compliance with OAR 660-012, which requires that an amendment to an acknowledged PLANNING COVIMISSION (Tl Y COUNCIL, DCA2017-00001 NlUC Motor V'elvde Sales Code Amendment P G I'13 Of 15 comprehensive plan or land use regulation be consistent with the City's adopted Transportation System Plan. Kittelson & Associates analyzed the transportation impacts of the proposed modification in the attached Memorandum Regarding Transportation Planning Rule Compliance (the "Traffic Analysis"). The Traffic Analysis compares the trips associated with the currently-allowed primary uses in the MUC zone and WSRC Plan District and the Motor Vehicle Sales/Rental use that will be allowed in certain areas of the MUC zone and Plan District under the proposed modification. The TGA finds that the trips generated by a Motor Vehicle Sales/Rental use are lower than or equal to the trips generated by a shopping center primary use, which is already allowed in the MUC zone and WSRC Plan District. Pursuant to OAR 660-012-0020, the City's acknowledged TSP is required to account for the land uses allowed by its existing land use regulations and comprehensive plan, which includes the allowance of retail use, such as a shopping center, in the MUC zone and WSRC Plan District. Because the trips generated by this allowed use will produce an equal or greater number of trips as Motor Vehicle Sales/Rental use of the same size and in the same location, the TSP already effectively accounts for any additional trips that may be generated by a Motor Vehicle Sales/Rental use in this area of the MUC zone. Additionally, a comprehensive plan and TSP amendment is not required under OAR 660-012-0060(7) because the proposed amendment will not result in the new designation of two or more acres of land for commercial use, as the current zoning already allows commercial uses. The City has adopted a TSP, and the proposed amendment will not significantly affect a transportation facility. For these reasons, the proposed modification is consistent with the TSP and will not negatively impact the transportation system. CONCLUSION: Based on the above findings,Tigard Comprehensive Plan Goal 12.1,Policy 10 is met. THE STATEWIDE PLANNING GOALS AND GUIDELINES ADOPTED UNDER OREGON REVISED STATUTES CHAPTER 197 The City's Comprehensive Plan incorporated the Statewide Planning Goals and was acknowledged by the state as being in compliance with state law;therefore,the Statewide Goals are addressed under the Comprehensive Plan Policies Sections.The following Statewide Planning Goals are applicable: Goal 1: Citizen Involvement; Goal 2: Land Use Planning; Goal 6: Goal 9: Economic Development; and Goal 12. METRO GROWTH MANAGEMENT FUNCTIONAL PLAN The applicant has addressed Title 6: Centers,Corridors, Station Communities, and Main Streets in their narrative. However, Title 6 is not required section for review applicable to the proposed text PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL DCA2017-00001 MUC]Motor Vehicle Sales Code Amendment PAG F.14 OF 15 amendment. According to Metro staff, Title 6 addresses incentives for regional investment eligibility, such as transit improvements. Metro has no objection to the proposed text amendment. SECTION VI. ADDITIONAL CITY STAFF COMMENTS None SECTION VII. OUTSIDE AGENCY COMMENTS Metro Land Use and Planning and the Oregon Department of Land Conservation and Development had an opportunity to review and comment on this proposal and did not respond. Marah Danielson with the Oregon Department of Transportation commented that ODOT did not have any objections to the proposal. SECTION VIII. PUBLIC COMMENTS No public comments were received through the duly noticed public hearing, which included mailed notice to property owners within 500 feet of the subject site. In addition, no public testimony was made at the Planning Commission hearing on June 5,2017. SECTION IX. PLANNING COMMISSION CONCLUSION AND RECOMMENDATION At their June 5,2017 hearing,the Planning Commission moved to forward a recommendation to the City Council to approve the staff alternative code amendment with the change of inserting the word "outdoor" between"all" and "vehicle sales."The motion passed with seven in favor and one against. The Planning Commission finds the proposed code amendment complies with the applicable Statewide Planning Goals, the Tigard Comprehensive Plan, and applicable provisions of the City's implementing ordinances. Therefore, the Planning Commission recommends that City Council approve the proposed Plan District amendment, as amended in Attachment 1 of this report, or as otherwise amended through the public hearing process. r I bMSTA r FITZGERALD,V lanningCom—mission President Dated this /S day of June,2017. Attachment 1: Draft Text Amendment,Community Development Code Sections 18.520.030, 18.630.015,and 18.630.A PLANNING COMMISSION RECOMMHNDM ION TO UlY COUNCIL, DCA2017-00001 I NUC Motor Vehicle Sales Code Amendment PAGE 15 0TH 15