Ordinance No. 21-13 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO.21-,
AN ORDINANCE ADOPTING AMENDMENTS TO TIGARD MUNICIPAL CODE
TITLE 18 CHAPTER 18.670 (WASHINGTON SQUARE REGIONAL CENTER PLAN
DISTRICT) TO MODIFY THE LOCATION AND SIZE OF THE SUBDISTRICT THAT
ALLOWS MOTOR VEHICLE SALES/RENTAL USES AND TO ADD AN INDOOR
SCREENING REQUIREMENT FOR VEHICLE STORAGE AND SERVICING FOR
MOTOR VEHICLE SALES/RENTAL USES LOCATED WEST OF HIGHWAY 217.
(Land Use File: DCA2021-00001) 4.0 Q-nrended C Q . ,44e
C'd e �f4 rt�J}6r.r, rt./ .4t_p �Q��C v Yt� ��
WHEREAS, the City of Tigard is currently working on a long-range planning project (Project) to update the
land use and transportation vision for the Washington Square Regional Center;and
WHEREAS, the goal of the Project is to learn about community priorities and emerging market trends to
facilitate more housing,transportation,business,and job options for all members of the community;and
WHEREAS,the Project has completed a significant amount of technical analysis and community engagement
and will soon be preparing a final set of recommendations for consideration by City Council;and
WHEREAS,this development code amendment is an offshoot of the Project and is supported by the technical
analysis and community engagement completed by the Project It is being proposed separately from the Project
to accommodate the timeline of a Motor Vehicle Sales/Rental use that desires to locate west of Highway 217;
and
WHEREAS, this development code amendment allows Motor Vehicle Sales/Rental uses to locate in car-
oriented areas without potential for pedestrian-oriented development;and
WHEREAS,this development code amendment minimizes visual impacts of Motor Vehicle Sales/Rental uses
and promotes the efficient use of land by requiring new Motor Vehicle Sales/Rental uses to forgo the
traditional surface parking lot for vehicle storage and consider other,more modem,approaches to vehicle sales;
and
WHEREAS on May 3, 2021, the Tigard Planning Commission held a public hearing, which was
noticed in accordance with city standards, and recommended approval of this development code
amendment with a vote in unanimous support;and
WHEREAS, on June 1, 2021, the Tigard City Council held a public hearing, which was noticed in
accordance with city standards,to consider the Planning Commission's recommendation,hear public
testimony, apply applicable decision-making criteria, and consider the findings of fact and conclusions
in support of the adoption of this development code amendment.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ORDINANCE No.21- /3
Page 1
SECTION 1: The underline and strikeout amendments to Tigard Municipal Code Title 18 Chapter
18.670 that are attached as Exhibit A.1 are hereby adopted. Exhibit A.2 is a clean
version of the amendments and is provided for reference only.
SECTION 2: The findings and conclusions that are attached as Exhibit B are hereby adopted as
the basis in support of this Ordinance.
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 2l�2& 4.4 02et t4 vote of all council members present after being read by number
and title only,this I 5j day of l u n ,2021.
-Tfc _4
Carol A Krager,City Recorder
APPROVED: By Tigard City Council this 1.3 day of 9-64 n ,2021.
Jason B.Snider,Mayor
Approved
as to form:
City Attorney
6/2/2021
Date
ORDINANCF No.21- 13
Page 2
EXHIBIT A.1
Text shown in bold, italic, and underlined is proposed to be added. Text shown in lough
is proposed to be removed. The same is true for maps.
Chapter 18.670
WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT
18.670.020 Applicability
C. Subdistricts. . •. - ' . . 6. - . • . . - . . .
regulations. In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor
Vehicle Sales/Rental may be is allowed as a primary use in the subdistrict identified on Man
18.670.A. In addition to complying with all applicable development standards. Motor
Vehicle Sales/Rental uses that are primary uses must meet the following standards: stand
alone use provided all outdoor vehicle sales inventory is screened from view from adjacent
public roadways by a mixture of opaque smcvn and evergreen landscaping and complies with
all-atky applicable development standards.
1. Properties located east of Highway 217 must contain all sales and rental inventory and
vehicle service areas inside a building, except for the existing Motor Vehicle Sales/Rental
development located at the northwest corner of Highway 217 and Greenbure Road.
2. Properties located west of Highway 217 must contain all sales and rental inventory and
vehicle service areas inside a building or behind a building such that inventory and service
areas are not visible from Cascade Avenue.
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EXHIBIT A.2
Chapter 18.670
WASHINGTON SQUARE REGIONAL CENTER PLAN DISTRICT
18.670.020 Applicability
C. Subdistrict. In addition to the land uses allowed in Table 18.120.1 for the MUC zone, Motor
Vehicle Sales/Rental is allowed as a primary use in the subdistrict identified on Map 18.670.A.
In addition to complying with all applicable development standards, Motor Vehicle
Sales/Rental uses that are primary uses must meet the following standards:
1. Properties located east of Highway 217 must contain all sales and rental inventory and
vehicle service areas inside a building, except for the existing Motor Vehicle Sales/Rental
development located at the northwest corner of Highway 217 and Greenburg Road.
2. Properties located west of Highway 217 must contain all sales and rental inventory and
vehicle service areas inside a building or behind a building such that inventory and service
areas are not visible from Cascade Avenue.
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EXHIBIT B
FINDINGS AND CONCLUSIONS
This document contains all applicable city, regional, and state provisions that apply to the proposed
Development Code Amendment for the Washington Square Regional Center Subdistrict Modification
(Case No. DCA2021-00001), and findings detailing how each provision is met. Provisions that are not
included are not considered applicable.
TIGARD COMMUNITY DEVELOPMENT CODE (TITLE 18)
Chapter 18.790 Text and Map Amendments
18.790.020.A Approval process. A legislative amendment application is processed through a
Legislative procedure, as provided in Section 18.710.110.
FINDING: The proposed Development Code Amendment is being processed through a
Legislative procedure, as provided in CDC Section 18.710.110, using the approval criteria
outlined in CDC Section 18.790.020. Additionally, CDC Section 18.710.110 requires two
public hearings:one before Planning Commission(held May 3,2021),and one before City Council
(scheduled for June 1, 2021). Following a recommendation from Planning Commission, City
Council will make a decision on this application.
18.790.020.B Approval considerations. A recommendation or a decision for a legislative
amendment application may be based on consideration of the applicable legal
requirements.They may,but do not necessarily include: Oregon Revised Statutes,
Oregon Administrative Rules, one or more Statewide Planning Goals, Metro's
Urban Growth Management Functional Plan and any other regional plans.
FINDING: The following city, regional,and state provisions apply to this proposed Development
Code Amendment: Tigard Community Development Code Chapters 18.120, 18.670, 18.710,
and 18.790; Tigard Comprehensive Plan Goals 1, 2, 9, and 12; Washington Square Regional
Center Plan; Oregon Statewide Planning Goals 1, 2, 9, and 12; and Oregon Transportation
Planning Rule (OAR 660-012-0060).
As detailed in the findings below, the applicable city, regional, and state provisions are met for
this proposed Development Code Amendment.
Chapter 18.120 Commercial Zones
18.120.010 Purpose
A. Ensuring that a full range of goods and services are available throughout the
city so that residents can fulfill all or most of their needs within easy driving
distance and,ideally,within easy walking and biking distance of their homes;
Findings and Conclusions(DCA2021-00001) PAGE 1 OF 17
B. Ensuring that a full range of economic activities and job opportunities are
available throughout the city; and
C. Minimizing the potential adverse impacts of commercial uses on residential
uses by carefully locating and selecting the types of uses allowed in each
commercial zone.
FINDING: The Subdistrict Modification continues to allow stand-alone and accessory Motor
Vehicle Sales/Rental in the MUC tone to ensure that a full range of economic activities and
job opportunities are available in the WSRC Plan District. It also expands potential stand-
alone Motor Vehicle Sales/Rental uses into a portion of the Plan District on the west side of
Highway 217 that is unlikely to develop for residential uses. There are no existing residential
uses within the expanded Subdistrict area, and all existing nearby residential uses are separated
from the subject properties by a rail line, commercial development, and the Fanno Creek
greening. The Subdistrict Modification is consistent with this section.
18.120.020.H MUC: Mixed-Use Commercial zone. The MUC zone includes land around the
Washington Square Mall and land immediately west of Highway 217.Primary uses
allowed include office buildings, retail, and service uses. Also allowed 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: Motor Vehicle Sales/Rental uses, which are a type of retail use, are currently
allowed in the MUC zone as an accessory use and as a primary use within the existing
Subdistrict. The Subdistrict Modification expands the overall area in which Motor Vehicle
Sales/Rental uses can establish as a primary use into a portion of the Plan District that is
separated from the rest of the Plan District by Highway 217. The Subdistrict Modification is
consistent with this section.
18.120.030 Land Use Standards
A. General provisions. A list of allowed, restricted, conditional, and prohibited
uses in commercial zones is provided in Table 18.120.1, except for uses in the
TMU zone,which are provided in Chapter 18.660,Tigard Triangle Plan District.
If a use category is not listed, see Section 18.60.030.
2. Restricted (R). Uses that are allowed provided they are in compliance with
special requirements, exceptions, or restrictions.
Table 18.120.1 Commercial Zone Use Standards
Use Categories MUC
Motor Vehicle Sales/Rental R [14]
[14] Uses allowed only as accessory uses to allowed uses where contained in the
same structure and less than the gross floor area of the allowed use, except for
Motor Vehicle Sales/Rental which is allowed as a primary use in specific locations
as provided in Subsection 18.670.020.C.
FINDING: No changes to the above section are proposed as part of this Development Code
Amendment.Accordingly, the proposal will remain consistent with this section.
Findings and Conclusions(DCA2021-00001) PAGE 2 OF 17
Chapter 18.670 Washington Square Regional Center Plan District
18.670.010.A.1 The purpose of this chapter is to 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.
FINDING: The proposed Subdistrict Modification concerns properties within the Plan
District and recommends changes to the Plan District in conformance with all Plan District
policies. The Subdistrict Modification is consistent with this section.
18.670.010.A.2 Metro's Regional Urban Growth Management Functional Plan target growth
capacity for the Washington Square regional center will be met by allowing mixed-
use development within the regional center at densities appropriate for an urban
center.
FINDING: Mixed-use developments are permitted within the MUC zone, which implements
the Plan District. The proposed Subdistrict Modification would not reduce the opportunities for
mixed-use development within MUC- oned properties because it serves to increase, not decrease,
the permitted uses within the Subdistrict. The Subdistrict Modification is consistent with this
section.
18.670.010.A.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 multimodal transportation system,will provide a range
of working,living, and shopping opportunities.
FINDING: The proposed modification to the Subdistrict is within the Plan District. The
Subdistrict Modification expands the allowance forMotor Vehicle Sales/Rental uses to establish
as a primary use into an area almost completely surrounded by high-capacity transportation
corridors (on the west side of Highway 217, along Cascade Avenue), which separates the area
from the rest of the Plan District. At the same time, these high-capacity transportation corridors
are either off-limits or not comfortable for pedestrians or cyclists, and there is a lack of transit
service within the proposed Subdistrict. This makes the expanded Subdistrict area on the west
side of Highway 217 much more oriented to cars (and car-oriented uses) than other modes of
travel, distinguishing it from the portion of the Plan District east of Highway 217, which will
continue to be served by multiple bus lines, a more connected multimodal transportation system,
and a range of living, working, and shopping opportunities. The Subdistrict Modification is
consistent with this section.
18.670.010.A.4 Improved multimodal 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
FINDING: The proposed Subdistrict Modification is largely a response to a demonstrated
market need. It contributes to the variety of land uses allowed in the regional center because it
Findings and Conclusions(DCA2021-00001) PAGE 3 OF 17
serves to increase, not decrease, the permitted uses within the expanded Subdistrict area. The
Subdistrict Modification is consistent with this section.
18.670.010.A.5 New mixed-use zoning districts, along with existing residential zoning districts in
established areas, are appropriate for the regional center
FINDING: The proposed Subdistrict Modification concerns properties that are already zoned
MUC and will continue to allow for a wide variety of mixed-use development types. The
Subdistrict Modification is consistent with this section.
18.670.020.0 Subdistricts. The sub-area identified on Map 18.670.A has different land use and
development regulations. In addition to the land uses allowed in Table 18.120.1
for the MUC zone, Motor Vehicle Sales/Rental may be allowed as a stand-alone
use provided all outdoor vehicle sales inventory is screened from view from
adjacent public roadways by a mixture of opaque screens and evergreen
landscaping and complies with all other applicable development standards.
FINDING: The proposed Development Code Amendment modifies the size and location of
the Subdistrict in CDC Map 18.670.A. The proposal also modifies this section by creating
the following screening standards forMotor Vehicle Sales/Rental uses that are primary uses:for
properties located east of Highway 217, except for the existing Jaguar Land Rover dealership at
the northwest corner of Highway 217 and Greenburg Road, all vehicle inventory and service
areas must be contained inside a building, and for properties located west of Highway 217, all
vehicle inventory and service areas must be contained inside a building or behind a building such
that inventory and service areas are not visible from Cascade Avenue. The proposed new screening
requirement builds on the original screening requirement to ensure that future screening is more
permanent in nature and promotes the efficient use of land by requiring new car dealerships east
of Highway 217 to forgo the traditional surface parking lot for vehicle storage and consider other,
more modern, approaches to vehicle sales. The proposal is consistent with this section.
CONCLUSION: The applicable provisions of the Tigard Community
Development Code are met.
TIGARD COMPREHENSIVE PLAN
Goal 1: Citizen Involvement
Goal Provide citizens, affected agencies, and other jurisdictions the opportunity to participate in
1.1 all phases of the planning process.
FINDING: City staff followed the Legislative notice requirements in CDC Section 18.710.110 to ensure
citizens were provided an opportunity to be involved in all phases of the planning process. Notice of this
proposed Development Code Amendment was sent to potentially affected jurisdictions and agencies on March
26, 2021. Notice was mailed to individuals on the citywide interested parties list, and to owners of the
original five properties on Cascade Avenue that were proposed to be added to the Subdistrict on March 29,
2021. City staff also communicated with representatives for Bob Lanphere's Motorcycles, Benderson
Development,Jaguar Land Rover, and Macerich via phone and e-mail. Notice of Public Hearing and the
Findings and Conclusions(DCA2021-00001) PAGE 4 OF 17
proposed amendments were posted on the city's website on March 30, 2021. A notice was also published
in the Tigard Times on April 15, 2021 and May 13, 2021. Additionally, CDC Section 18.710.110
requires two public hearings— one before Planning Commission (held May 3, 2021), and one before City
Council(scheduled forJune 1,2021)—at which members of the public can provide oral and written testimony.
Additional public outreach was conducted as part of the Washington Square Regional Center Update Project,
as detailed below.
The Washington Square Regional Center Update Project developed an interactive Online Open House that
was available from April 1—30,2021. It was broadly advertised using a number of channels and methods
in both English and Spanish, including but not limited to a direct mailing, community group presentations,
interested party emails, and social media promotions. 228 community members responded to the proposal
about car dealerships as shown below. 63% of participants support the proposal as described below, 23%
are neutral, and 14% do not support it.
ONLINE OPEN HOUSE PROPOSAL:
Limit new car dealerships to areas without potential for pedestrian-oriented
development
Substantially reduce the area that allows car dealerships. This would prevent more dealerships from locating
on the mall propeg but allow car dealerships near Highway 217 where there is no potential forpedestrian-
oriented development. Car dealerships are not a neighborhood-serving business and not welcomed by all
residents. However, they have a regional customer base and are appropriately located in a regional center;
employ many more people than other retail sales businesses;and provide skilled and unskilled local jobs at
a range of salaries. The proposed car dealership locations would preserve the mall property for pedestrian-
oriented development and restrict new car dealerships to locations further away from residential areas.
Findings and Conclusions(DCA2021-00001) PAGE 5 OF 17
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Findings and Conclusions(DCA2021-00001) PAGE 6 OF 17
At the June 1, 2021 public hearing on this proposal, Tigard City Council determined that it was not
necessary to remove the existing Subdistrict from the Washington Square Mall properties, but approved
expanding the Subdistrict into an area without potential forpedestrian-oriented development, located on the
west side of Highway 217 along Cascade Avenue. Council considered all written and oral testimony, as
well as the results of the Online Open House,prior to making a decision on this Subdistrict Modification.
Accordingly, this proposal is consistent with the above Tigard Comprehensive Plan Goal regarding Citigen
Involvement.
Goal 2: Land Use Planning
Goal 2.1 Maintain an up-to-date Comprehensive Plan,implementing regulations and action
plans as the legislative foundation 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.
FINDING: The city's land use program is governed by the Comprehensive Plan and CDC,
as well as other incorporated plans and documents. This code amendment has been evaluated for
consistency with relevant policies governing the Washington Square Regional Center. As
explained in the findings in this section, the Subdistrict Modification is consistent with policies
applicable to the Regional Center and Plan District.
Policy 2 The City's land use regulations, related plans, and implementing actions shall be
consistent with and implement its Comprehensive Plan.
FINDING: The Comprehensive Plan Map designation of the subject properties is MUC, and
will remain MUC if this application is approved. As detailed in the findings in this section, the
Subdistrict Modification is consistent with applicable provisions of the Comprehensive Plan.
Additionally, as explained in the findings below, the Subdistrict Modification is also consistent
with the Washington Square Regional Center Plan. In particular, expanding the allowance for
vehicle sales in District D is appropriate because District D calls for moderate density as opposed
to the high-density mixed-use development called for in District A. Moreover, the plan explains
that District D "should remain an employment center" and that "[t]he corridor along 217
through these districts will continue to attract retail development" Motor Vehicle Sales/Rental
uses are a type of retail use and also tend to employ more people than typical retail businesses.
The Subdistrict Modification is consistent with this policy.
Policy 3 The City shall coordinate the adoption, amendment, and implementation of its
land use program with other potentially affected jurisdictions and agencies.
FINDING: City staff sent notice of this proposed Development Code Amendment to
potentially affected jurisdictions and agencies. In particular, the city consulted with the Oregon
Department of Transportation (ODOT) to determine the potential impacts, if any, of the
Subdistrict Modification on Highway 217 and other ODOT facilities. ODOT reviewed the
proposal, and determined that it would not have a significant effect on State highway facilities.
The Subdistrict Modification is consistent with this policy.
Findings and Conclusions(DCA2021-00001) PAGE 7 OF 17
Policy 4 The City's land use program shall promote the efficient use of land through the
creation of incentives and redevelopment programs.
FINDING: The purpose of this Development Code Amendment is to facilitate the efficient use
of land by accommodating a demonstrated need for a particular land use—Motor Vehicle
Sales/Rental—in an area that has proven unsuitable for many of the other uses allowed in the
MUC zone. In so doing the Subdistrict Modification fosters the efficient use of underutilized
land, and is therefore consistent with this policy.
Policy 5 The City shall promote intense urban level development in Metro-designated
Centers and Corridors, and employment and industrial areas.
FINDING: The properties being added to the Subdistrict, on the west side of Highway 217,
are outside of the Metro-designated boundaries of the Washington Square Regional Center.
These properties are also not located within a Metro Title 4 employment or industrial area.
However, the Subdistrict Modification is still consistent with this policy because all of the uses
otherwise allowed in the MUC will continue to be allowed on the subject properties.
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.
FINDING: The subject properties are and will remain zoned MUC. As such, they will
continue to allow residential, commercial, and mixed-use development. The existing Subdistrict
is a type of overlay district, and the proposal is modiing its size and location as warranted by
market conditions, access barriers, and the highway interchange location. The Subdistrict
Modification is consistent with this poli y.
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;
FINDING: The subject properties are fully served by existing streets, water, sewer, and
stormwaterfacilities. A Transportation Planning Rule(1'PR)Ana!ysis was prepared,pursuant
to OAR 660-012-0060(1), which analyzed potential trip generation impacts caused by the
Subdistrict Modification. As explained in more detail below, the I PR analysis concluded that
the potential trip generation for an `automobile sales (new)" use is less than some other uses
Findings and Conclusions(DCA2021-00001) PAGE 8 OF 17
currently allowed outright in the MUC zone. Accordingly, the 1'1'R analysis concluded that the
Subdistrict Modification would not cause a "significant impact"on a transportation facility and
does not increase potential trip generation. ODOT also reviewed the 1PR analysis and concurred
that this proposal would not have a significant effect on State highway facilities. The Subdistrict
Modification is consistent with this sub policy.
B. Development of land uses allowed by the new designation shall not negatively
affect existing or planned transportation or other public facilities and services;
FINDING: As noted above, the 1 PR analysis found that the proposed Subdistrict
Modification will not have any significant impact and will not negatively affect any existing or
planned transportation facilig. ODOT also reviewed the 1 PR analysis and concurred that this
proposal would not have a significant effect on State highway facilities. As all of the subject
properties are already fully served by public facilities and services, and have been used for retail
uses in the past, there is no reason to believe that the Subdistrict Modification will negatively
affect any other public facilig or service.
Additionally, any future development on the subject properties will require a land use application.
If applicable, a transportation impact analysis or public facilig improvements will be required as
part of the land use approval for future development.
The Subdistrict Modification is consistent with this sub policy.
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;
FINDING: Market analysis and community outreach from the WSRC long-range planning
project have shown that the properties proposed to be added to the Subdistrict are appropriate for
Motor Vehicle Sales/Rental uses. The proposed Subdistrict Modification would expand the
allowance for new stand-alone car dealerships to an area on the west side of Highway 217 that
does not have potential for pedestrian-oriented development and is located further away from
residential areas. Car dealerships have a regional customer base and are appropriately located
in a regional center; employ many more people than other retail sales businesses; and provide
skilled and unskilled local jobs at a range of salaries. Accordingly, the Subdistrict Modification
is consistent with this sub policy.
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;
FINDING: Despite the resilient demand for automobile sales, the great bulk of Tigard's
developable land is toned residential or mixed-use, which prohibits Motor Vehicle Sales/Rental
uses. In Tigard, new large-scale car dealerships are allowed outright only within the General
Commercial (C-G), Light Industrial (I-L), and Heavy Industrial (I-H) zones; they are
substantially restricted or prohibited in all other tones. Tigard's Buildable Lands Inventory
Findings and Conclusions(DCA2021-00001) PAGE 9 OF 17
from January 2021 shows a shortage of vacant, developable land in the C-G, I-L, and I-H
hones. Accordingly, the Subdistrict Modification is consistent with this sub policy.
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;
FINDING: Any future development on the subject properties will require a land use
application, and must demonstrate compliance with all applicable standards during land use
review, including the proposed new screening standard. Initial concepts shared with the city by
interested car dealerships show that the applicable Plan District development standards, design
standards, and the proposed new screening standard can be met. Accordingly, the Subdistrict
Modification is consistent with this sub policy.
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
FINDING: The Subdistrict Modification is consistent with this sub policy because surrounding
development types are all large format retail or commercial spaces with large surface parking
areas. Other land use types are separated from the properties that will be added to the Subdistrict
by major arterials. Additionally, any future development on the subject properties will require a
land use application, during which time it will be reviewed for any applicable issues related to
sensitive lands and for compatibility with existing environmental conditions. Accordingly, the
proposed Subdistrict Modification is consistent with this sub policy.
G. Demonstration that the amendment does not detract from the viability of the
City's natural systems.
FINDING: Any future development on the subject properties will require a land use
application, during which time it will be reviewed for any applicable issues related to sensitive
lands and for compatibility with the city's existing natural systems. Accordingly, the Subdistrict
Modification is consistent with this sub policy.
Policy 18 The Council may at any time, upon finding it is in the overall public interest,
initiate legislative amendments to change the Comprehensive Plan text,
Plan/Zoning Map(s) and/or the Community Development Code.
FINDING: The Council finds that the proposed Subdistrict Modification is in the public
interest because it:
• Responds to proven market demand;
• Helps to facilitate redevelopment of underutilized or vacant retail properties;and
• Adds Motor Vehicle Sales/Rental uses to an area that is poorly served by multimodal
connectivity and surrounded by high-volume major arterials, and therefore unlikely to
develop for residential, mixed-use, or office uses.
Findings and Conclusions(DCA2021-00001) PAGE 10 OF 17
Goal 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.
FINDING: The Subdistrict Modification will allow Motor Vehicle Sales/Rental uses to
locate on the west side of Highway 217, and a number of the properties in this area are currently
underutilized and underdeveloped. Car dealerships have a regional customer base and are
appropriately located in a regional center; employ many more people than other retail sales
businesses;and provide skilled and unskilled local jobs at a range of salaries. According, by
allowing Motor Vehicle Sales/Rental on additional properties, the proposal actively encourages
new businesses that provide family-wage jobs to start up, expand, or locate in Tigard. The
Subdistrict Modification is consistent with this policy.
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: Promoting redevelopment of underutilized and underdeveloped sites to allow viable
and growing businesses is the fundamentalpuipose of the above poliy. In this instance, the degree
of regulatoy flexibility required is minor: the 10 properties on the west side of Highway 217
that will be added to the Subdistrict will remain in the MUC zone and the Washington Square
Regional Center Plan District. The only change will be to allow Motor Vehicle Sales/Rental
on the subject properties, which will promote economic development opportunities, and encourage
new businesses that provide family-wage jobs to locate in Tigard. Additionally, the subject
properties are already fully served by public services, including streets, sewer, and water.
According, the Subdistrict Modification is consistent with this poli y.
Policy 5 The City shall promote well-designed and efficient development and
redevelopment of vacant and underutilized industrial and commercial lands.
FINDING: A number of the subject properties on the west side of Highway 217 are vacant
or underdeveloped. The proposed Subdistrict Modification would allow at least one of the
properties to quickly come back into use after a relatively long period of inactivity.
The 10 properties on the west side of Highway 217 that will be added to the Subdistrict are
suitable for Motor Vehicle Sales/Rental because they are surrounded on three sides by high-
capacity and relatively high-speed transportation facilities. Conversely, their desirabilityfor other
uses allowed in the MUC zone is low. The subject properties do not have access to passenger rail
or other high-capacity multimodal systems,and are separated from neighborhood services by major
arterials. Thus, they are unlikely to develop for residential or mixed-residential/commercial uses.
Given the COVID-19 epidemic and the resulting movement of the white-collar workforce to
home offices, the subject properties are also very unlikely to be desirable for office uses in the short
or medium-term, and even the long-term outlook for the suburban office product is uncertain.
Findings and Conclusions(DCA2021-00001) PAGE 11 OF 17
Oce or other commercial development on the subject properties is all the more uncertain because
of the noise and disruption created by Highway 217 and Scholls Ferry Road.
Accordingly, by allowing an additional land use (Motor Vehicle Sales/Rental) on the subject
properties, the proposal promotes the efficient development and redevelopment of vacant and
underutilized land. Additionally, any future car dealerships on the subject properties must
demonstrate compliance with the applicable Plan District development and design standards, and
the proposed new screening requirement for vehicle inventory and service areas. This will help
ensure that future car dealerships on the subject properties will be well-designed. The Subdistrict
Modification is consistent with this policy.
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: As noted above, the proposed Subdistrict Modification will allow an additional
land use (Motor Vehicle Sales/Rental) on 10 properties on the west side of Highway 217, and
will therefore promote development or redevelopment of underutilized and underdeveloped land.
Additionally, the proposed new screening requirement will promote livability and pedestrian-
friendly design. Future development or redevelopment of the subject properties may also trigger
public facility improvements, including much-needed pedestrian and bicycle facilities near the
intersection of Cascade Avenue and Scholls Ferry Road. Accordingly, the Subdistrict
Modification is consistent with this policy.
Goal 9.3 Make Tigard a prosperous and desirable place to live and do business.
Policy 1 The City shall focus a significant portion of future employment growth and high-
density housing development in its Metro-designated Town Center; Regional
Center(Washington Square);High Capacity Transit Corridor(Hwy 99W);and the
Tigard Triangle.
FINDING: The properties being added to the Subdistrict, on the west side of Highway 217,
are outside of the Metro-designated boundaries of the Washington Square Regional Center.
These properties are also not located within a Metro Title 4 employment or industrial area.
Accordingly, this policy does not apply to the expansion of the Subdistrict. However, the
Subdistrict Modification is still consistent with this policy because the subject properties are
adjacent to the Washington Square Regional Center and part of the Washington Square
Regional Center Plan District, and will be able to provide for large-scale employment uses in this
area.
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: As noted above, the proposed Subdistrict Modification will allow an additional
land use (Motor Vehicle Sales/Rental) on 10 properties on the west side of Highway 217, and
will therefore promote development or redevelopment of underutilized and underdeveloped land.
Findings and Conclusions(DCA2021-00001) PAGE 12 OF 17
Additionally, the proposed new screening requirement will promote a well-designed and attractive
urban environment. Future development or redevelopment of the subject properties may also
trigger public facilig improvements, including much-needed pedestrian and bicycle facilities near
the intersection of Cascade Avenue and Scholls Ferry Road. Accordingly, the Subdistrict
Modification is consistent with this policy.
Goal 12: Transportation
Goal 12.1 Develop mutually supportive land use and transportation plans to enhance the
livability of the community.
FINDING: As noted above, a TPR analysis was prepared,pursuant to OAR 660-012-
0060(1), which analysed the potential increase in trip generation caused by adding a Motor
Vehicle Sales/Rental use on the subject properties. The TPR analysed the likely trip generation
of each use currently allowed on the subject properties under a "reasonable worst case scenario"
and individually compared each of those uses with a reasonable worst case for automobile sales.
This analysis is shown in the table below:
TABLE 1 -REASONABLE WORST TRIP GENERATION RATES
alai PM Peale Parnary'r
TMC ITE Equivalent Ifl ' ourTrip ss-EJ T Peak Hour Trip
Generation
Land Use Description Land Use DescriptionuI11
neratian Rate Reduction 1 Rate
o ps11,008 SFS tripsil,Ot)O SF1
Cnureeily MUG-Allowed Land Uses
Eating and Drinking Quality Restaurant 931 7.80 44% 4.37
Establishments
Ealing and Drinking High-Tumover(Sit-Down) 932 977 43% 5.57
Establishments Restaurant
Office General Office Building 710 1.15 — 1.15
PersonaE Services Urrve-in Bank 912 20.45 35% 1329
Sales-arientec Retail Shopping Center 826 3.81 34 , 2.51
Sales-oriented Retail Supermarket 850 9.24 36% 5.91
Sales-otiented Retail Discount Supermarket 854 8.38 21% 6.62
Sales-oriented Retail Home Improvement 862 2.33 42% 1.35
Superstore
Proposed Land Uses
Motor Vehicle Sales/Rental Automobile Sales(New} 840 2.43 — 2.43
Motor Vehicle Sales/Rental Automobie Sales(Used) 841 3.75 - 3.75 _
The TPR concluded, `As identified in the table above, there are several current MUC-allowed
commercial land uses that have a higher effective trip generation rate than the proposed Motor
Vehicle Sales/Rental use. Noting the analysis purpose is to compare the trip generation potential
on the subject properties, this analysis finds the addition of Motor Vehicle Sales/Rental as a
stand-alone land use does not increase that potential.
It is further noted a number of the MUC-allowed commercial uses have a significant pass-by trip
component in addition to a primary (new) trip component. This means that not only do these
commercial uses generate new trips on the transportation ystem, they also divert existing trips
Findings and Conclusions(DCA2021-00001) PAGE 13 OF 17
from the adjacent roadways which can significantly alter traffic volumes at nearby intersections.
As such, if one or more of the properties on the west side of OR 217 develop with Motor Vehicle
Sales/Rental uses, the resulting transportation impacts on the adjacent transportation system,
including the SW Scholls Ferry Road/SW Cascade Avenue intersection, will not be greater than
if developed with a current MUC-allowed use.
In summary, the proposed Map Amendment does not significantly affect an existing or planned
transportation facility and TPR criteria outlined in OAR 660 012-0060(1) are met without
additional analysis."
ODOT also reviewed the I PR analysis, and concluded this proposal does not have a significant
effect on State highway facilities. The Subdistrict Modification is consistent with this policy.
Goal 12.5 Coordinate planning, development, operation, and maintenance of the
transportation system with appropriate agencies.
Policy 1 The City shall coordinate and cooperate with adjacent agencies and service
providers—including Metro, TriMet, ODOT, Washington County, and
neighboring cities—when appropriate, to develop transportation projects which
benefit the region as a whole,in addition to the City of Tigard.
FINDING: City staff sent notice of this proposed Development Code Amendment to adjacent
agencies and service providers. In particular, the city consulted with ODOT to determine the
potential impacts, if any, of the Subdistrict Modification on Highway 217 and other ODOT
facilities. ODOT reviewed the proposal, and determined it would not have a significant effect on
State highway facilities. The Subdistrict Modification is consistent with this policy.
CONCLUSION The applicable provisions of the Tigard Comprehensive
Plan are met.
WASHINGTON SQUARE REGIONAL CENTER PLAN
Districts D &E: Nimbus—Fanno Creek
Densities here should be increased to a moderate density scale, and this part of
the study area should remain an employment center.
FINDING: The proposed Subdistrict will be expanded to include 10 properties in District D.
In discussing Districts D and E, the Regional Center Plan explains that "the main development
features in this area are one-story light industrial and office buildings created to accommodate
Washington County's high-tech industry and related services." Unlike the more-intense
commercial development called for in Districts A and C, and the residential development called
for in District B, Districts D and E call for moderate density levels. On balance, the density
levels in District D are amendable to the expansion of Motor Vehicle Sales/Rental uses in this
area. The Subdistrict Modification is consistent with this section.
The corridor along 217 through these districts will continue to attract retail
development.
Findings and Conclusions(DCA2021-00001) PAGE 14 OF 17
FINDING: Although it is defined separately from "Sales-Oriented Retail" in the CDC,
Motor Vehicle Sales/Rental is similar in most respects to the large format, auto-dependent retail
uses historically located on the properties that will be added to the Subdistrict. At least two of
these, Orchard Supply Hardware and Toys `R" Us have closed due to worsening market
conditions for brick and mortar retail. To date, no office, residential, or mixed-use developments
have established in this area on the west side of Highway 217. These sorts of retail uses and
Motor Vehicle Sales/Rental are the uses most likely to thrive in this area due to the proximity
of the Highway 217 interchange. Additionally, the Subdistrict Modification would not preclude
any uses otherwise allowed in the MUC zone.
The Subdistrict Modification is consistent with this section.
Mixed-Use Commercial
The purpose of the Mixed Use Commercial (MUC) land use designation is to:
• create a dense mixed-use commercial district that forms the commercial
core of the Washington Square Regional Center;
• provide opportunities for major retail goods and services, office
employment, and housing to locate in proximity,and with good access to,
transportation services;
• implement the Metro 2040 Growth Concept and Urban Growth
Management Functional Plan for areas within the City of Tigard
designated Regional Center.
The Regional Center Plan recommends that land around the Washington Square
Mall and land immediately west of Highway 217 be designated a mixed-use
commercial district.
FINDING: As noted above, the MUC district was created by the Regional Center Plan and
is the largest one within the Plan District. The Regional Center Plan calls for high-density
commercial, office, and residential/mixed-use development in Districts A (Washington Square
Mall)and C(Lincoln Center—Ash Creek). The proposed Subdistrict Modification would not
mod.ift the existing commercial cores in Districts A and C, but will expand the allowance for
stand-alone Motor Vehicle Sales/Rental uses on the west side of Highway 217 in District D.
Because the proposed Subdistrict expansion will be located away from the two existing commercial
cores, the proposal is consistent with the above purpose statement.
The Subdistrict Modification would also respond to proven market demand for Motor Vehicle
Sales/Rental in an area that is otherwise underserved by multimodal transportation options.
Although the Washington Square Regional Center Plan District implements the Washington
Square Regional Center generally, the 10 properties to be added to the Subdistrict on the west
side of Highway 217 are not located within the Metro-designated regional center. Therefore, the
Subdistrict Modification is not inconsistent with the Urban Growth Management Functional
Plan.
CONCLUSION: The applicable provisions of the Washington Square
Regional Center Plan are met.
Findings and Conclusions(DCA2021-00001) PAGE 15 OF 17
OREGON STATEWIDE PLANNING GOALS
Goal 1 Citizen Involvement
FINDING: Goal 1 requires the city to provide opportunities for the public to participate in all
phases of land use decision making. In this case, the city's Goal 1 obligations are satied
through the direct community outreach conducted in support of this proposal through the
Washington Square Regional Center Update Project, and through the procedural requirements
for a Legislative Amendment set forth in CDC Section 18.710.110.
Goal 2 Land Use Planning
FINDING: Goal 2 requires local governments to adopt a comprehensive plan and
implementing ordinances that are consistent with its plan. This Development Code Amendment
does not propose changes to the Tigard Comprehensive Plan, but does propose changes to sections
of the CDC that implement the `Mixed-Use Commercial"designation of the subject properties.
The Subdistrict Modification has been evaluated for consistency with all applicable sections of the
Tigard Comprehensive Plan, as detailed in the findings above.
Goal 2 also requires an `adequate factual base"for legislative decisions. City Council relies on
certain facts demonstrating a need forMotor Vehicle Sales/Rental uses on the subject properties.
These include the market demand forMotor Vehicle Sales/Rental uses in this area, as well as
the relatively recent establishment of the nearby Jaguar Land Rover dealership. Council also
relies on facts referenced herein indicating that demand for new car dealerships is anticipated to
be strong in the foreseeable future. Council also relies on the failures of existing retail businesses
on the properties that will be added to the Subdistrict on the west side of Highway 217, their
separation from neighborhood services and lack of transit, and the lack of interest in other
development types as evidence that the subject properties are unlikely to redevelop for residential,
mixed- or high-density commercial uses in the planning period. Finally, Council relies on the
city's own buildable lands inventory as evidence that there are few adequate alternatives for new
Motor Vehicle Sales/Rental uses elsewhere in Tigard.
Finally, Goal 2 requires coordination between local governments and state agencies. The city's
Goal 2 obligations in this regard were satisfied through notices to affected governmental entities,
including DLCD, ODOT, and Washington County.
Goal 9 Economic Development
FINDING: The Subdistrict Modification supports economic development within the city
because it satisfies a demonstrated market demand for a use that is otherwise*cult to establish
elsewhere in the city. The Subdistrict Modification also facilitates redevelopment of vacant and
underutiliged properties, thereby fostering employment, economic growth, and additional tax base
in the city. Furthermore, the Subdistrict Modification supports economic development for the
reasons explained in response to Goal 9 of the Tigard Comprehensive Plan.
Goal 12 Transportation
Findings and Conclusions(DCA2021-00001) PAGE 16 OF 17
FINDING: As noted above, a I''PR analysis was prepared,pursuant to OAR 660-012-
0060(1), which analyzed potential trip generation impacts caused by the Subdistrict
Modification. The TPR analysis concluded that the proposal has no significant effect on an
existing or planned transportation facility. ODOT also reviewed the I PR analysis, and
concurred that this proposal has no significant effect on State highway facilities.
CONCLUSION: The applicable provisions of the Oregon Statewide
Planning Goals are met.
OREGON TRANSPORTATION PLANNING RULE (OAR 660-012-0060)
FINDING: OAR 660-012-0060 requires the city to determine whether a proposed plan or
land use regulation would have a significant effect on an existing or planned transportation
facility. The Subdistrict Modification will not have a significant effect on the city's transportation
system because it does not change a functional classification of an existing or planned
transportation facility, does not change standards implementing a functional classification system,
does not degrade the performance of existing or planned transportation facilities, and does not
allow types or levels of travel or access inconsistent with existing functional classifications ofaffected
facilities. Additionally, the TPR analysis also demonstrates that the proposed Development
Code Amendment will not generate additional dai/y trips under a "reasonable worst case"trip
generation scenario, based on the most intense possible uses of the subject properties under existing
and proposed zoning.
CONCLUSION The applicable provisions of OAR 660-012-0060 are met.
Findings and Conclusions(DCA2021-00001) PAGE 17 OF 17