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12/16/2024 - Packet City of Tigard | 13125 SW Hall Blvd., Tigard, OR 97223 | 503-639-4171 | www.tigard-or.gov | Page 1 MEETING DATE: December 16, 2024 - 7:00 p.m. HYBRID MEETING IN-PERSON: City of Tigard – Town Hall SW HALL BLVD 13125 SW Hall Blvd., Tigard, OR 97223 MS TEAMS: https://www.tigard-or.gov/virtualPC 1. CALL TO ORDER 7:00 p.m. 2. ROLL CALL 7:00 p.m. 3. COMMUNICATIONS 7:02 p.m. 4. APPROVE DRAFT MINUTES 7:10 p.m. a JULY 8, 2024 5. PLANNING 101 - PRESENTATION 7:15 p.m. Community Development Director Kirkman & Planning Staff 6. CHARTER VS. BYLAWS DISCUSSION 7:55 p.m. Planning Commission Secretary Joanne Bengtson 7. OTHER BUSINESS 8:15 p.m. 8. MOTION FOR ADJOURNMENT 8:30 p.m. City of Tigard P lanning Commission Agenda PLANNING COMMISSION AGENDA – December 16, 2024 Planning Commission Meeting Minutes|July 8, 2024 Page 1 of 4 CITY OF TIGARD PLANNING COMMISSION Minutes – July 8, 2024 Location: 13125 SW Hall Blvd. - Hybrid Meeting CALL TO ORDER President Jackson called the meeting to order at 7:00 PM. ROLL CALL Present: President Jackson, Vice-President Miranda, Commissioner Bowerman, Commissioner Brandt, Commissioner Choudhury, and Alternate Commissioner Sabbe. Absent: Commissioner Schuck, Commissioner Tiruvallur, and Commissioner Murphy. Staff Present: Interim Community Development Director Sambo Kirkman, Senior Planner Agnes Lindor, Principal Engineer Buck Smith, and Sr. Administrative Specialist Joe Patton. COMMUNICATIONS Commissioners had nothing to report. Interim Community Development Director Sambo Kirkman introduced newly appointed City Councilor and Planning Commission Liaison, Jake Schlack. CONSIDER MINUTES The March 18, April 1, and June 17 minutes were approved after a couple of scrivener’s errors are corrected. OPEN PUBLIC HEARING TIGARD STREET INDUSTRIAL ZONING MAP AMENDMENT ZON2024-00001 SITE DEVELOPMENT REVIEW SDR2024-00002 REQUEST: The applicant is requesting approval of a zoning map amendment and site development review. The proposal includes a zoning map amendment to change the zoning from Industrial Park (IP) to Light Industrial (I-L) and a site development review for a new paved outdoor storage area with associated landscaping and other site improvements. LOCATION: 11440 SW Tiedeman Avenue, WCTM 1S135CB Tax lot 00700/WCTM 1S135CC Tax Lot 04000/WCTM, 2S102BA Tax lot 00390. ZONE: EXISTING: I-P, PROPOSED: I-L. APPLICABLE REVIEW CRITERIA: Tigard Community Development Code Chapters 18.130, 18.310, 18.330, 18.410, 18.420, 18.780, 18.790, 18.910, 18.920, and 18.930; Tigard Comprehensive Plan Goals 1, 2, 9, and 11; Tigard Transportation System Plan Goal 1; Statewide Planning Goals 1, 2, 9, 11, and 12; Metro’s Urban Growth Management Functional Plan Title 8. QUASI-JUDICIAL HEARING STATEMENTS President Jackson read the required statements and procedural items from the quasi-judicial hearing guide. There were no abstentions; there were no challenges of the commissioners for bias or conflict of interest. Ex-parte contacts: Commissioner Brandt travels past the site daily. President Jackson and Commissioner Saabe have visited the site. No one wished to challenge the jurisdiction of the commission. STAFF REPORT Senior Planner Agnes Lindor noted there are two requests. The first is a zone change request from the existing I-P Industrial Park Zone to I-L Light Industrial Zone. The comprehensive plan designation will remain unchanged. The second request is a Site Development Review to expand the outdoor storage Planning Commission Meeting Minutes|July 8, 2024 Page 2 of 4 area, stormwater facilities, and landscaping. She shared a site map showing the three parcels. The site plan was shared to give more detail. Agnes shared the findings: The proposed zone change and site development review is in compliance with all applicable standards of the Tigard Development Code. The applicable Comprehensive Plan policies are satisfied. There are adequate public facilities to serve the proposed use. STAFF RECOMMENDATION Recommend approval of the Zone Change and Site Development Review applications. QUESTIONS Commissioner Bowerman noted the site is landlocked and asked if access would retain the existing access or if a new access would be utilized. Agnes said the existing north access would be utilized with an easement across the north parcel to serve the middle parcel, all the way to the north. Commissioner Brandt asked if the request was for a new tenant. Agnes stated it is an expansion of the current use for the current tenant. They want to use the rest of their property for storage of materials. President Jackson asked about employment numbers with the recent adoption of the MADE code. Agnes did not have the specific numbers, but noted the application was submitted before the adoption of MADE and was therefore subject to the code in place at the time of the application. It would be zoned Industrial under the MADE code as well. APPLICANT’S PRESENTATION Mimi Doukas from AKS Engineering and Forestry represented the applicant and noted they have three goals: clean up the zoning so it matches current use, expand the storage on the property, and clean up vegetative growth to improve property visibility and stop illegal camping. Access to Tigard Street is desirable in the future, but it will require coordination with ODOT to allow access through their right-of- way. She stated the request meets the Comprehensive Plan Goal 2.1, Policy 7; Goal 9.1, Policy 1; and, Goal 9.1, Policy 5 as detailed in the applicant materials. It will meet screening and landscape requirements, stormwater management for the southern tip, and bicycle parking. QUESTIONS Commissioner Saabe noted there is heavy traffic in the area and asked if there would be additional traffic with the use. Mimi stated the existing use will remain the same with no increase in traffic, only increased storage. Commissioner Bowerman asked if the neighborhood meeting included discussion about an additional access point. Mimi said it was mentioned that they were in discussions with ODOT, but she did not recall an opposition. Vice-President Miranda asked how the business currently operated without additional storage. Mimi said they currently have multiple locations so if they receive an order for an item not onsite, they have to wait for it to be delivered. The additional storage will allow them to maintain additional items onsite to eliminate some of the customer wait times. President Jackson asked for elaboration on the screening along the Tigard Heritage Trail. Mimi noted the screening will go along the expansion area. Currently, a chain link fence surrounds the property, but they want to clean it up and add additional vegetation to screen the site. President Jackson asked about the undergrounding of utilities. Mimi stated there is no street frontage. Undergrounding utilities near the Tigard Heritage Trail would be complicated, disrupt the trail access, and the land is not a public right-of-way. Vice-President Miranda asked about the loss of tree canopy. Mimi said several trees will be removed but the Tigard canopy and shade requirements will be met through the remaining tree canopy, vegetative planting, and planting of new trees if required. The standards are addressed in the applicant narrative. PUBLIC TESTIMONY President Jackson gave instructions for testifying in person and via Teams. No one provided testimony. Planning Commission Meeting Minutes|July 8, 2024 Page 3 of 4 STAFF RESPONSE Agnes noted that although several trees will be removed for the storage buildings, the site currently has a 31.7 percent mature tree canopy which exceeds Tigard’s standards of 25 percent. Tigard Principal Engineer Buck Smith stated the condition requiring utility undergrounding or a fee-in-lieu was intentional. Though they don’t own the right-of-way, there are overhead lines along Tigard Street and Tiedeman Avenue. APPLICANT RESPONSE Mimi stated the requirement for utility undergrounding cannot be met as ODOT and Pacific Railroad own the property and would have to give approval for access. They can work with staff, but further clarification is needed. PUBLIC HEARING RECESS The hearing was recessed for fifteen minutes to allow the applicant and staff time to discuss the condition for undergrounding utilities. PUBLIC HEARING RECONVENED Staff and the applicant resumed the public hearing following the recess discussion. STAFF/APPLICANT RESPONSE Interim Community Development Director Sambo Kirkman stated that after discussion with the applicant’s team, it was agreed to modify the language in condition 24 to: “Prior to final inspection, the applicant must either underground existing overhead utilities along public frontages, provide a fee-in-lieu if exception requirements are met, or as approved by the City Engineer.” Mimi confirmed the change is acceptable to the applicant. PUBLIC HEARING CLOSED DELIBERATION Commissioner Brandt expressed his support for the modification to condition 24. He would also like to see a better method of showing the change from the end of the Tigard Heritage Trail sidewalk to the access point on Tiedeman Ave. to delineate between vehicle, bicycle, and pedestrian travel paths. Vice- President Miranda is neutral on the requests but believes the staff report conditions, as modified, are met. Commissioner Bowerman is supportive of the staff report. President Jackson said he is confident in the City Engineer’s ability to ensure the undergrounding condition is met, but a little wary of the zoning language. Commissioner Saabe also had a question about the impact of the zoning change(s) on the industrial park across the street but is neutral on the requests. Commissioner Choudhury agreed with the comments and noted this is a unique site and she is in favor of the requests. MOTION – ZON2024-00001 Commissioner Bowerman made the following motion: “I move for approval of application ZON2024- 00001 and adoption of the findings and conditions of approval contained in the staff report based on the testimony that we have heard today.” Commissioner Brandt seconded the motion. VOTE – ZON2024-00001 Motion passed unanimously 5-0. MOTION – SDR2024-00002 Commissioner Choudhury made the following motion: “I move that application SDR2024-00002 be approved and adoption of the findings and conditions of approval contained in the staff report and with the modification to condition 24 based on the testimony that we have heard today.” Planning Commission Meeting Minutes|July 8, 2024 Page 4 of 4 Vice President Miranda seconded the motion. VOTE – SDR2024-000021 Motion passed unanimously 5-0. OTHER BUSINESS President Jackson asked if there were any recommendations for changes to the Planning Commission bylaws given the changes to the Charter defining Council term limits with regard breaks in service and election of officers. Vice-President Miranda expressed the need to review the bylaws. Staff will email a link to the bylaws. Staff will discuss the bylaws and any needed updates at the next meeting. ADJOURNMENT President Jackson declared the meeting adjourned at 8:30 PM. Joe Patton, Acting Planning Commission Secretary ATTEST: President Nathan C. Jackson December 16, 2024 Tigard Planning Commission Updates The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Agenda •Planning Commission Refresher •Planning in 2024 •Look Ahead The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Planning In Tigard •Oregon statewide planning system -State Land Use Goals and Policies (since 1973) •Comprehensive Plan •Tigard Municipal Code (TMC) Title 18 o Community Development Code (CDC) o Zoning Map The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Role of Planning Commission Legislative vs Quasi-Judicial Makes recommendations to Council for policies and ordinances (creates law) Substantial public involvement Applies to large geographic area/many owners No action is required Applies law to specific development requests Involves application of discretionary criteria Site specific Single or few owners Action is required Both actions subject to appeal The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Legislative Decision Tigard Municipal Code provides authority for the Planning Commission to make recommendations to Council on policy issues related to planning and development in Tigard. The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Quasi-Judicial Decisions •Decisions based on applicable standards and approval criteria; adopt findings. •The Commission may impose conditions of approval to ensure that an application will meet applicable standards and approval criteria. •Application Types: o Zoning and Comprehensive Plan Map Amendments (property specific) o Planned Developments o Historic Designations The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Adopting Findings in a Decision •The hearing body must formally adopt findings. •The motion to approve or deny the case must refer to the findings being adopted. (Example: Findings prepared by staff and modified at the hearing.) The statement of adoption should be as specific as possible. The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Exactions o Exactions include: Requirement to dedicate property or to allow others access to property (e.g. easement) Requirement to build public improvements, especially off-site o No compensation is required if the exaction is roughly proportional to, or less than, and directly related to impact of the development on a matter of public interest (Nollan) o Compensation is required if the exaction exceeds the rough proportionality test (Dolan) The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Participation in the Decision o Due process requires an impartial tribunal and decision based on the record o Impartiality issues generally include: •Conflicts of Interest •Bias o Record issues generally include: •Ex Parte contacts •Site visits The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Planning in 2024 •TIGARD Made •Downtown Reimagined •River Terrace 2.0 •E-Go (Electric Mobility Project) •Zone Change (McCall Property) The 5 E’s –Tigard’s Community Promise: Equity l Environment l Economy l Engagement l Excellence Look Ahead •Food Cart Regulations •River Terrace 2.0 Updates •Downtown Reimagined •Tigard HOME •Planned Development (Overlook) City of Tigard THANK YOU! GOVERNING DOCUMENTS BYLAW OR CHARTER? Planning Commission 2024 Charter or Bylaw? Charters are granted by the State and describe a municipality’s purpose, place of business and powers to be exercised by an elected governing body. Tigard’s Charter contains the Council’s bylaws and specifies the internal structure of the municipality along with the guidelines to be followed. Bylaws are subordinate to a charter and define the purpose, authority, responsibility, composition, meeting frequency and other agreed-upon rules. The commission, through Chapter 2.08 of the Tigard Municipal Code, was established by laws and rules of procedure, and then members refined to today’s bylaws in Resolution 12-13. Local Government Boards, Committees and Commissions Tigard City Council creates Boards, Committees and Commissions to serve as advisory bodies to help in their decision-making process. Volunteers include community representatives or individuals with specific knowledge and experience related to the committee’s focus. There are two reasons for establishing a Planning Commission: (1) the commission is authorized or required by law, or (2) the governing body exercises its discretion to form a commission. Once authorized, state law places restrictions on Planning Commission membership. These are contained in the PC Bylaws. State law allows the governing body to determine the duties of the PC. The scope of PC duties is established by Tigard’s comprehensive land use plan and implementing ordinances. PLANNING COMMISSION ROLE The Tigard Planning Commission is a specialized entity responsible for regulating specific areas of local governance. Commissioners integrate State, County and local land use laws when reviewing a case before them. These quasi-judicial powers ensure the fairness of Tigard’s land use process. Review of Planning Commission Bylaws In 2010, City Council directed city boards, committees and commissions to revise their bylaws to be consistent with Model Bylaws Council approved that year. Refinements were discussed by PC members and city staff over the course of a year. Concurrent with the bylaw revisions, Municipal Code Chapter 2.08, Planning Commission, was updated to streamline the code and avoid redundancy with the revised bylaws. Current bylaws were adopted by Council Resolution 12-13 on March 27, 2012. We expect the city’s Boards, Committees and Commissions will be asked to review their bylaws in 2025.