ZON2008-00002 Decision - FIELDS COMPREHENSIVE PLAN MAP AND ZONING MAP AMENDMENTS.120 DAYS = N/A
DATE MAILED: 6/16/2009 ~
CITY OF TIGARD
Washington County, Oregon
NOTICE OF FINAL ORDER BY THE CITY COUNCIL
Case Numbers: COMPREHENSIVE PLAN AMENDMENT (CPA) 2008-00008
ZONE CHANGE (ZON) 2008-00002
Case Name: FIELDS COMPREHENSIVE PLAN & ZONING MAP AMENDMENT
Applicant's Name/Address: Fred Fields 1149 S~X1 Davenport Avenue Portland, OR 97201
Owner's Names/Addresses: Same as Applicant
Address of Property: East of the Hall Boulevard and ~1all Street intersection, east of Fanno Creek and west
of the railroad tracks, Tigard, OR 97223
Tax Map/Lot Nos.: ~Xlashington County Tax Assessor's Map 2S10100, Tax Lot 1200.
A FINAL ORDER INCORPORATING THE FACTS, FINDINGS AND CONCLUSIONS APPROVING A
REQUEST FOR A COMPREHENSIVE PLAN MAP AMENDMENT AND A ZONING MAP AMENDMENT
(ORDINANCE N0.09-08).
THE CITY OF TIGARD PLANNING COMMISSION AND CITY COUNCIL HAVE REVIE~IED THE
APPLICANT'S PLANS, NARRATIVE, MATERIALS, COMMENTS OF REVIE~XIING AGENCIES, THE PLANNING DIVISION'S STAFF REPORT AND RECOMMENDATIONS FOR THE APPLICATION
DESCRIBED IN FURTHER DETAIL IN THE STAFF REPORT. THE PLANNING COMMISSION HELD A
PUBLIC HEARING TO RECEIVE TESTIMONY ON TANUARY 26, 2009 FOR THE PURPOSE OF MAKING
A RECOMMENDATION TO THE CITY COUNCIL ON THE REQUEST. THE CITY COUNCIL ALSO HELD PUBLIC HEARINGS TO RECEIVE TESTIMONY ON FEBRUARY 24, 2009; MARCH 10, 2009;
MARCH 24, 2009; AND TUNE 9, 2009 PRIOR TO MAKING A DECISION ON THE REQUEST. THIS
DECISION HAS BEEN BASED ON THE FACTS, FINDINGS AND CONCLUSIONS CONTAINED ~1ITHIN
THIS FINAL ORDER.
Subject: The applicant requested a Com rehensive Plan Map Amendment and Zoning Map Amendment to change the Comprehensive Plan Designation an Zoning Map Classification for one parcel
(approximately 25 acres) from
Light Industrial (I-L) to Medium-High Density Residential (R-25). The parcel is located east of Hall Boulevard across
the Fanno Creek wetlands at the dead end of Mall Street. Surroundin roperties are zoned I-L to the north and south,
R-12 to the west, and I-P to the east across the railroad tracks A THE 6/9/09 PUBLIC HEARING, THE
COUNCIL APPROVED THIS REQUEST BY MAJORITY VOTE (Ordinance No. 2009-08).
CURRENT ZONE/COMPREHENSIVE PLAN DESIGNATION: I-L: Light Industrial District. NEW
ZONE/COMPREHENSIVE PLAN DESIGNATION: R-25: Medium High-Density Residential District.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals 1, 2, 6, 7, 9 & 10 of the updated Comprehensive Plan, and Policies 3 and 8
of the
previous Comprehensive Plan; Metro Functional Plan Titles 1, 3, 4 and 7; and Statewide Planning Goals 1, 2, 5, 6, 7,
9,10,11 and 12.
Action: ➢ ❑ Approval as Requested ®Approval with Conditions ❑ Denial
Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Affected Government Agencies ®Interested Parties
Final Decision:
THIS IS THE FINAL DECISION BY THE CITY AND IS EFFECTIVE ON JULY 9, 2009.
The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 S~1 Hall Boulevard, Tigard, Oregon.
Appeal: A review of this decision maybe obtained by filing a notice of intent with the Oregon Land Use Board of
Appeals (CUBA) within 21 days according to their procedures.
Questions: Call the City of Tigard Planning Division or the City Recorder at (503) 639-4171.
~ V V ~ \ /
i
i ~
. 09-x`, -
PP~a~ ~P~~~ PL P~~o~-oaaas,
~P .A~`DI~~I~~', ~~~~~~-~a0a~, ~0~~~'~~ ~I~ 'T'HE
~~I~IP~~T~ PLA.~ ~~CN'I~~N 1'~ND ~~~II~ L~~"Z'~~ ~ L'T
~~xL ~o~ ~P~~~r~ PLC ~x~
~1~.E~, ecfiivn 18.3~~.a~ of the icy of ~'Ya~d ~a~au~ir ~eve~a~e~t ode ~eqe ~uasi~ju~ia~ caning ~n~ fnend~nent to be t~nde~tal~en by means of a ~`y~e ~~~~P p~oced~re, a govexned by ee~.an
-
~ .~9~~a5a, using sta~da~ds of a~o~ra1 co~.ned ~n ubseetton ~ ~.38~.aa~~; and -
~II~A., ectian ~ .3S~~aO, of the ~ of ~`igaxd o~un~.~y ~~elo~ent ode ~e~u~e ~
~o~.ss~a~ ~o make ~eco~en~da~i~n to t~a~ ounce. an a honing a~ .~en~rnen~ ap~licafi~~n h~ch
also in~ralves a conc~u~~en~ applica~ian fog a o~op~eh~aive Phan a~ .~ne~.dlrne~zt; a~a .
ec~an 1 ~.Sa~aOf~. of the i of ~`~ga~d vnunity ~e~relo~n~en~ fade ~equ~es the ouzel to decide the ap~~ications an ~co~rd as provided by ha~fier ~ ~.9~; and
1~~RE~, section 15.3~~.a~a.~ ~ ~ of the its a£ ~~d au~i ~evelopme~~ bode ~equ~~s
dernoa~.on of co~~ance with all a~~icable v~n~~ehensi~c Phan policies aa~aa~ ~a~ desa~na~ians; and
ectxon 1~.8a~~~a..~ of the pity of Tigard a~muni~y Deve~.opz~ent bode rea~u~res
de~aazast~atsan of copl.nce with ail applicbie standards of any p~a~rision of the Cade and o~ie~ a~p~cab~e
in~p~e~aentin ordinances; and
H~A, ec~ion ~~.~8a.a~~.~~ of the pity of'Tia~d ~ozr~tnuni~y ~e~e~opnaent bode ~e~ui~es evidence of
ck~ange in e neihbo~haad ox community, o~ a take o~ incans~s~en.cy e op~ehens~v~e Plan o~
caning a~ as it relates to ~.ie ~~ape~ty v~hich is the srxb ject of .e de~e~oprnen~ applica~on# and
the ~'igard City ~vz~.aral has considered applicaloie tateide Pla~,g foals anal uide~.ae
adopted under ~egon Revised Statues chapter ~ 9?; Y fede~ai or sate statutes ar regu~a~ionsfound a a ~ r ~ ~ ~ k • a ~
apphcaie; any ap~hca~le et~o regula~.ans; any pphcab~e~ ,omp~he~sz~e Plan Po~cze; and any a~phcable
provisions of the pity's ~aplementin ordar~ces; and r
~~R~, fihe '~i~d ~it~ ounce. has found fide fallowing ~o ~e the ap~lica~ie review c~teria~ omity
~evelopn~ent fade hapte~s ~ S.S~ and ~ S.3a; a ~ ~ehensi~e flan Policies 2, 7, ~ and ~ 0 of
updated omprehensi~e Pian, and Palicies and S of c p~eviau~ a~riprehensive Flan; et~o unc~onal
Plan ~`ities 4 and 7; and Stateuride Playing foals 1, 2, , 9, ~ a,1 ~ ar~d ~ ; and
H~,~EAS, fi~.e Tigard Piann~. o~anmissian held a public hewn on ~anuar 2G, ~Da9 and ~eco~aendd
deal of bath P~2~OS-a0aa8 and ~N2DD~-a~0a~ by m.ot~a~z ~i 7~~ vote fa~ror; and
Wage 1
~.ae T~a~d City ~u~ac~l held ~uh1~e hems o~ Feb~~uar ~04~ aid arch ~ 0, ~~0 aid u~~c
~ eetins were held arch 2~, X00 e 9, .to c~~sid~ the ~e~uest ~o~• a ~usf ~udic,~a~
o~.~~ehe~s~~e I'la~ .x~eci~~t oa IUIa~ .~.~ie~de~t aid dete,~ni~ed ghat the aend~~s ~ r~~t
adve~s.y a~~e~t the hea~th~ safety a~n.d ~re~~a~.•e o£ the Cf.~r ~ meets all a~~~cab1~ ~e~~e~ c~[te~a,
~I o~n~~ehe~~~re ~la.~ .ie~.de~.t, ~~~O~-OOO~S, he~eb~ a~~~~~e~ .th ~o~adi~o~s ITT
i e ~unc~l.
~`Il~ awn Ian ~.e~d~.ae~l~, 0~~~8~aQ00~, ~ he~eh~r app~o~ed c~~d~~.o~ b the
C~ oc~~
~~~'I~~' ~"he at~ac~e~. fi~cis ~~~~~b~t A} aye he~ebp adopted ~ e~pla~a~~~ of ~e ~our~~~.'s
dec~s~a~~
'x"I~~' ~'he o~~ehe~asi~e Phan ~a~ aid ~o ~VIa~ shall ~e a~x~e~.ded to ~e~~ese~t e
app~ro~ed charges. .
~~'I~~ 4: 't`his o~di~ace shad be ef~ecti~re ~D dais ~`t~x its passage by e ou~ca~, s' awe ~ ~ ~
~Ia~o~, a~.d pos~i b~ e ~ ~eco~de~.
~ i ~ . Y ~o~e o~ all ou~.~1 ~ebe~s p~ese~t af~e~ be~~ ~ea.d bar ~~e~
aid ~~e o.~, th.~s ~ ~ of , ~OD~. .
a e~ie ~ ease i lie ~ Eder
~I'P~~D: By T~a~d ~t~ ou~c~. ~.is ~ day of g,
4~ Y~~ed ~S ~0 ~Df'~.; '
I
F
r
f.
Cert~ed to be ~ tr~e~c~~y of the ~~iinal ~o~ur~en~
o~a~l City o ~'a~ard City ~~l
~y
C~ garde , a~ f `~"a ~rr~ t ~
~
TIGARD CITY COUNCIL FINDINGS
FOR
COMPREHENSIVE PLAN AND ZONING
MAP AMENDMENT
CPA2008-00008 AND ZON2008-00002
(FIELDS)
SECTION I. APPLICATION SUMMARY
FILE NAME: FIELDS COMPREHENSIVE PLAN AND ZONE MAP AMENDMENT
FILE NOS.: Comprehensive Plan Amendment (CPA) CPA2008-00008 Zone Change (ZON) ZON2008-00002
PROPOSAL: The applicant requested a Comprehensive Plan Map Amendment and Zoning Map
Amendment to change the Comprehensive Plan Designation and Zoning Map
Classification for one parcel (approximately 25 acres) from Light Industrial (I-L) to Medium-High Density Residential (R-25). The parcel is located east of Hall
Boulevard across the Fanno Creek wetlands at the dead end of Wall Street.
Surrounding properties are zoned I-L to the north and south, R-12 to the west, and
I-P to the east across the railroad tracks.
APPLICANT: Fred Fields APPLICANT'S Group Mackenzie
1149 SW Davenport Avenue REP.: Attn: Rhys Konrad
Portland, OR 97201 P.O. Box 14310
Portland, OR 97293
LOCATION: The site is vacant and has no address. It is located east of the Hall Boulevard and
Wall Street intersection, east of Fanno Creek and west of the railroad tracks.
Washington County Tax Assessor's Map 2S10100, Tax Lot 01200.
CURRENT ZONE/ COMP PLAN
DESIGNATION: I-L: Light Industrial District. The I-L zoning district provides appropriate
locations for general industrial uses including industrial service, manufacturing and
production, research and development, warehousing and freight movement, and
wholesale sales activities with few, if any, nuisance characteristics such as noise, glare, odor, and vibration.
PROPOSED ZONE/
COMP PLAN DESIGNATION: R-25: Medium High-Density Residential District. The R-25 zoning district is
desi~ned to accommodate e~sting housing of all types and new attached
single-family and multi-family housing units at a minimum lot size of 1,480 square
feet. A limited amount of neighborhood commercial uses is permitted outright
and a wide range of civic and institutional uses are permitted conditionally.
CITY COUNCIL FINDINGS PAGE 1 OF 24
PDXDOCS:1840008.2 ~gFn~n-none
- -
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.380 and 18.390; Comprehensive Plan Goals 1, 2, 6, 7, 9 & 10 of the updated Comprehensive Plan, and Policies 3
and 8 of the previous Comprehensive Plan; Metro Functional Plan Titles 1, 3, 4
and 7; and Statewide Planning Goals 1, 2, 5, 6, 7, 9,10,11 and 12.
SECTION II. STAFF AND PLANNING COMMISSION RECOMMENDATIONS
Staff recommended that the Planning Commission deny the proposed Comprehensive Plan Amendment and
Zone Change. The Planning Commission recommended that the City Council deny the proposal.
SECTION III. BACKGROUND INFORMATION
Site History
The 1977 Land Use Map and Existing Comprehensive Plan Map show Tax Lot 1200 as M-3 (Light Industrial). All subsequent versions of the City's Comprehensive Plan Map and Zoning Classification
show the subject lots designated I-L (Light Industrial). The site is vacant.
Vicinity Information r
The subject site is near downtown, located east of Hall Boulevard across the Fanno Creek wetlands at the
dead end of SW Wall Street. Railroad tracks run along the eastern boundary of the site. The adjacent
properties are zoned R-12 (Medium Density Residential to the west, and I-L (Light Industrial) to the north
and south. The sites are developed with the Tigard Public Library, a condominium project, and an
apartment complex. The site to the south was recently acquired by Metro for open space and park
purposes. Beyond the immediate area, properties to the south and west are developed with residences. Sites to the north and east are predominantly developed with industrial uses.
During the 30-plus years since Mr. Fields has owned this industrially-zoned property, the surrounding area
has significantly changed. For example, the western portion of Mall Street, directly east of Hall Boulevard,
has been built and is now developed with housing on one side and the library on the other. The adjacent
Fanno Creek wetlands have been protected, and are developed with popular pedestrian trails that serve the
surrounding community. Over the last 30 years, local, state, and federal environmental protections have
grown, and now protect much more of the land in this area. As part of its open space program, Metro
recently acquired the parcel directly south of the site for park and open space purposes. Over the last
several years, a substantial amount of residential development has been built to the east, west, and south of
the site, at a mix of zoning densities including R-25, R-12, and R-7. The new Westside Commuter Rail
("WES") is the newest addition to the neighborhood. WES recently began service to this area, creating an
important light rail corridor along the northern edge of this site. The recent construction of the WES
commuter rail along the site's northern border has eliminated freight access to the site. Recently, the
railroad decided that it would not allow an at-grade crossing in this location. This practical inability to
connect Wall Street to the industrial area to the north, combined with Metro's purchase of the industrial
property to the south, and the other wetland areas to the west, effectively isolates this parcel from the
surrounding industrial area. Because of these constraints, the site has become functionally isolated from
other industrially-zoned property and is now surrounded by residential and civic uses, open space, and
wetlands.
CITY COUNCIL FINDINGS PAGE 2 OF 24
PDXDOCS:1840008.2 196080-0005
- -
Site Information and Proposal Description
Tax Lot 1200 is vacant; about half of the site is an open field. A wooded area with dense trees is found along
the western and southern boundaries. Sensitive lands exist on-site including the 100-year floodplain,
drainageways (Fanno Creek & Red Rock Creek), wetlands, and Significant Habitat Area. The site currently has an unimproved access easement across City property to Wall Street. The applicant
intends to extend
Wall Street from the west in the future for access.
The applicant is requesting a Comprehensive Plan Map Amendment and Zoning Map Amendment to
change the Comprehensive Plan Designations and Zoning Map Classifications for one parcel totaling 25 acres from Light Industrial (I-L) to Medium High Density Residential (R-25).
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
TIGARD DEVELOPMENT CODE CHAPTER 18.380:
18.380.030 Quasi-Judicial Amendments and Procedures to this Title and Map
Quasi-judicial zoning map amendments shall be undertaken by means of a Type III-PC
procedure, as governed by Section 18.390.050, using standards of approval contained in
Subsection B below.
A. The Commission shall make a recommendation to the Council on a zone change application
which also involves a concurrent application for a comprehensive plan map amendment. The
Council shall decide the applications as provided by Section 18.390.
Findin s. The proposed zone change application to change the zoning on the subject lot from I-L to R-
25 also involves a comprehensive plan map amendment. The Planning Commission made a
recommendation to Council on the proposed zone change application and comprehensive plan map
amendment. City Council decided the application as provided in Section 18.390. This criterion is
therefore met.
B. Standards for making quasi-judicial decisions. A recommendation or a decision to approve,
approve with conditions or to deny an application for aquasi-judicial amendment shall be based
on all of the following standards:
18.380.030. B.1
Demonstration of compliance with all applicable comprehensive plan policies and map
designations;
Findin s. As described below, the proposal complies with all applicable comprehensive plan policies and map designations. This criterion is therefore met.
COMPREHENSIVE PLAN POLICIES
The City has an acknowledged Comprehensive Plan consistent with the statewide planning goals. The
applicable Comprehensive Plan goals and policies are addressed in this section.
CITIZEN INVOLVEMENT
Goa11.1 Provide citizens, affected agencies and other jurisdictions the opportunity to participate
in all phases of the planning process.
Poficy 1.1.2 The City shall define and publicize an appropriate role for citizens in each phase of the
land use planning process.
CITY COUNCIL FINDINGS PAGE 3 OF 24
PDXDOCS:1840008.2 196080-0005
- -
Goa11.2 Ensure all citizens have access to:
A, opportunities to communicate directly to the City; and
B, information on issues in an understandable form.
Policy 1. The City shall ensure pertinent information is readily accessible to the community and
presented in such a manner that even technical information is easy to understand.
Policy 2. The City shall utilize such communication methods as mailings, posters, newsletters, the Internet, and any other available media to promote citizen involvement and continue
to
evaluate the effectiveness of methods used.
Policy 6. The City shall provide opportunities for citizens to communicate to Council, boards and
commissions, and staff regarding issues that concern them.
Findin s. The applicant's representative sent out notices to surrounding property owners and
neighborhood representatives, posted a sign on the property, and held a neighborhood meeting on June 2,
2008 m accordance with the City of Tigard s neighborhood meeting notification process. According to the minutes of the neighborhood meeting, 18 people attended. Discussion related to
future development
of the site, impacts on sensitive lands, the extension of ~Xlall Street, and alternative access points to the
site. The minutes of the neighborhood meeting reflect that the neighborhood was generally supportive of
the proposed rezoning and comprehensive plan amendment.
In addition, the City has mailed notice of the Planning Commission hearing to property owners within 500
feet of the subject site, interested citizens, and agencies, published notice of the hearing and posted the site
pursuant to TDC 18.390.050 for Type III Procedures. The City Council invited and took public testimony
on this application at two separate dates.
with these public involvement provisions and the applicant's documented participation, this application is
consistent with above-mentioned Citizen Involvement goals and policies. These criteria are therefore
met.
LAND USE PLANNING
Goa12.1 Maintain an up :to-date Comprehensive Plan, implementing regulations and action plans
as the legislative foundation of Tigard s land use planning program.
Policy 5. The City shall promote intense urban level development in Metro-designated Centers
and Corridors, and employment and industrial areas.
Policy 6. The City shall promote the development and maintenance of a range of land use types which are of sufficient economic value to fund needed services and advance the community's
social and fiscal stability.
Findin s. ~X1ith regard to Goal 2.1, the City is in the process of updating its economic analysis under
Goal 9 with~~regard to industrial and employment lands. The City's current "Economy Comprehensive Plan Report was prepared m 1989 and ~s 20 years old. In that report, the site was included
m the City s
inventory of vacant light industrial (I-L) land. In that report, the City's comprehensive plan assumed that
the site was buildable. However, that report acknowledges its own limitations. For example, the report
provides that:
"In late-1989 the City conducted a tax lot by tax lot survey of vacant and underutilized land
within the Tigard City limits. The characteristics researched in the survey included parcel
size, existing use, zoning designation, and information on whether any portion of the parcel
is within the floodplain. Characteristics that were not researched included the exact amount of land within the floodplain and the amount of acreage with slopes exceeding 25%. This
vacant land survey is the only land inventory information currently available. It gives a
rough indication of amount of buildable land designated for commercial and industrial use."
(Economy Comprehensive Plan Report at I-143.)
CITY COUNCIL FINDINGS PAGE 4 OF 24
PDXDOCS:1840008.2 196080-0005
- -
At the time that report was prepared, it further acknowledged "the need to consider a more detailed, site
specific inventory of the remaining inventory of vacant industrial (sic) in terms of slope and floodplain
constraints in order to determine how much of this land is developable and to facilitate its availability for industrial use." (Economy Comprehensive Plan Report at I-148.)
In this case, the applicant has submitted more detailed, site-specific and up-to-date information
concerning the suitability of this site for industrial use pursuant to the requirements under Statewide
Planning Goal 9. This more detailed, site-specific, and up-to-date information has been used in this application to update the City's legislative foundation for its land use planning
program with reference to
this particular site and the changes to the surrounding area since the site was originally zoned for light
industrial use. This new information and the City's related decision to change the comprehensive plan and
zoning designation for this site is consistent with the City's goal of maintaining an up-to-date
comprehensive plan and zoning map. Goal 2.1 is therefore met.
with regard to Policy 5, this site is currently designated as employment land on the Metro Title 4 map.
Over the past 30 years since this was originally zoned for light industrial use, the site has not developed.
Over those years, site constraints have increased, as explained more fully by the applicant in its testimony, and as described more fully below. Under Policy 5, the City is required
to promote intense urban level
development in employment lands. Given the unsuitability of the property for industrial uses, changing
the comprehensive plan and zoning of the site to R-25 will enable the City to promote a more intense
urban level development of the site. The City's R-25 zone is designed to accommodate all types of new
attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet and at a minimum density of R-20 (80 percent of the R-25 maximum density). A limited
amount of neighborhood
commercial uses are permitted outright, and a wide range of civic and institutional uses are permitted
conditionally. This mix of uses will allow the site to be developed at a more intense urban level of
development, consistent with Policy 5 and Metro Title 4. This policy is therefore met.
with regard to Policy 6, the testimony and evidence in the record indicate that extensive site constraints
severely constrain industrial and employment development of this site. Because of these constraints, the
applicant has demonstrated that the site is no longer suitable for industrial use. As the applicant and other
witnesses testified to, industrial and employment uses of the site are severely constrained. These industrial
and employment uses, by themselves, would not provide sufficient economic value to fund needed public facilities and services such as the extension of Mall Street, and other public facilities
needed to serve the
site. The evidence shows that the proposed rezoning to R-25 provides a range of land use types which are
of sufficient economic value to fund needed public facilities and services needed to serve the site and
advance the City's social and fiscal stability. This policy is therefore met.
Policy 8. The City shall require appropriate public facilities are made available, or committed,
prior to development approval and are constructed prior to, or concurrently with, development
occupancy.
Findin s. Public facilities will be made available prior to or concurrent with development. There is a 16-
inch sewer line that runs through the wetlands around Fanno Creek. Storm water can be treated and
released into Fanno Creek. A public water line is found on the Metro property south of the site. The
extension of Mall Street from the west into the site will be constructed prior to or concurrently with
development, in the same way that other streets are extended and improved into a development site, namely through the land division process, site design review, or through a combination
of other land use
reviews. In this case, the applicant is presently preparing an application to obtain the required sensitive
lands review and other development permits to construct the extension of Mall Street from the west to
serve the site. As mentioned above, water, sewer, and other public facilities will be extended into the site as conditions of development approval, as is usually the case. In short,
adequate public facilities are
available to serve the site, and will be constructed to serve the site prior to or concurrent with
development occupancy, as required by the City's development code. This policy is therefore met.
CITY COUNCIL FINDINGS PAGE 5 OF 24
PDXDOCS:1840008.2 196080-0005
- -
Policy 14. Applicants shall bear the burden of proof to demonstrate that land use applications are
consistent with applicable criteria and requirements of the Development Code, the
Comprehensive Plan and, when necessary, those of the state and other agencies.
Findin s. The applicant has shown how the proposed zone change and comprehensive plan amendment
is consistent with the relevant requirements of the Development Code and the Comprehensive Plan. In
addition, the applicant has demonstrated that the proposal meets the requirements of Oregon
Administrative Rule (OAR) 660, Division 9 -Economic Development and other applicable state and
regional requirements as shown in the relevant sections below. This policy is therefore met.
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;
Findin s. The applicant has demonstrated that transportation and other public facilities and services will
be made available and are of sufficient capacity to serve the land uses allowed by the proposed map
designation, as explained in the findings for Policy 8 above. This policy is therefore met.
B. Development of land uses allowed by the new designation shall not negatively affect existing or planned transportation or other public facilities and services;
Findin s. A letter from the applicant's Traffic Engineer has been provided that shows the peak PM trips
for residential uses allowed in the R-25 zone on this site will be lower than for industrial uses; therefore
the amendment will have no significant impact on transportation facilities. This issue is discussed further under the Transportation Goal and is further implemented by Condition 1 attached
to this decision. This
policy is therefore met.
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;
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;
Findin s. with regard to Policies 15 C and D, the applicant has demonstrated that the proposed R-25
designation will fulfill a proven community need for medium-density housing, in a relatively large, 25-acre
site, located near downtown, adjacent to commuter rail and other transit opportunities, that is near City
Hall, the library, Fanno Creek trails, other medium- and lower-density housing, and jobs. This site is unique because it provides significant opportunities to create a substantial, well-planned
medium-density
housing site in a location that can significantly contribute to the synergy of this unique area, sensitively
protect important habitat areas on the site, and provide important opportunities for workforce housing
close to all of these existing features.
The evidence indicates that there is an inadequate amount of developable, appropriately designated land
for a substantial, well-planned, medium-density housing site in close proximity to downtown and industrial
uses, that can significantly contribute to the synergy of this unique area. The testimony shows that the
development on the site that would likely result from the proposed R-25 zoning would bemedium-density workforce housing. The evidence shows that such housing would likely be able to
meet minimum density
requirements for the R-25 zone, while still protecting Fanno Creek, the wetlands, the wetland buffer, and
most of the forested area on the site by clustering development in the upland areas away from most of the
trees. The evidence further shows that the style of housing that would result would likely be single-family
attached units of two to three stories on individual lots, which would be compatible with the surrounding single-family residential neighborhood. This type of development would also
support the City's
Downtown Plan and be supportive of the nearby open space and trail networks by contributing to and
extending public infrastructure into the site, including the public pathway and open space system along
CITY COUNCIL FINDINGS PAGE 6 OF 24
PDXDOCS:1840008.2 196080-0005
- -
Fanno Creek. For these reasons, and for other reasons contained in the record, this application meets
Policies 15 C and D.
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;
Findin s. All future development can and will be reviewed and will be developed in compliance with all
applicable land use regulations and performance standards. Conformance with these regulations and performance standards will be ensured through subsequent land use reviews. No overlay
districts are
found on the site. This policy will therefore be met.
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
Findin s. Redesignation of the site to R-25 will be compatible with environmental conditions and
surrounding land uses. As the evidence shows, medium-density residential development can be clustered
to reduce impacts to the existing natural conditions on the site and to help buffer the resulting development from surrounding land uses. The applicant provided an example of a site
plan that could
accommodate R-25 development in a way that was compatible or capable of being made compatible with
the environmental conditions on the site. The City's development regulations further ensure that relevant
environmental regulations will be met. With regard to compatibility with surrounding land uses, the
evidence demonstrates that the land uses permitted by the proposed designation would be compatible with surrounding land uses, such as nearby residential development, civic uses such
as the library and City
Hall, the nearby downtown, and surrounding open space and wetland areas. While Portland & Western
Railroad and the new WES commuter rail have generated some noise complaints, noise impacts from
those activities are capable of being made compatible with residential development that would be
permitted by the R-25 designation. For example, at the time of development review, noise levels can be measured, and if necessary, noise mitigation techniques can be used to reduce noise
impacts to permitted
levels, if needed. Tri-Met is also working with the City and the federal government to mitigate noise
impacts from the WES horn that is blown at crossing locations. Overall, land uses permitted by the
proposed designation will be compatible or capable of being made compatible with environmental
conditions and surrounding land uses. This policy is therefore met.
G. Demonstration that the amendment does not detract from the viability of the City's natural
systems.
Findin s. The proposed amendment will not detract from the viability of the City's natural systems. The
proposed redesignation to R-25 will continue to protect the City's natural systems, because any proposed
development will be required to comply with all of the city, state, and federal natural resource protection
requirements. As the testimony in the record indicates, redesignating the site to R-25 from I-L would
create a greater opportunity to cluster development and thereby protect more of the natural resources on the site. This policy will therefore be met.
Policy 16. The City may condition the approval of a Plan/Zoning map amendment to assure the
development of a definite land use(s) and per specific design /development requirements.
Findin s. In order to ensure that development of the site under the R-25 designation does not produce
peak hour vehicle trips in excess of what would be permitted by the existing I-L designation, atrip-cap
condition has been included as part of this approval. There is substantial evidence in the record that
development proposed under the R-25 designation can comply with this trip-cap. This policy is therefore met.
Policy 22. The City shall identify, designate, and protect natural resources as part of its land use
program.
Findin s. Fanno Creek runs through portions of the subject property. Wetlands and floodplain
associated with the Fanno and Red Rock Creek also are on the site. The City has implemented standards
for development in these areas through the Sensitive Lands chapter of the TDC (18.775). Any future
development must show compliance with these standards. The City has therefore complied with this
CITY COUNCIL FINDINGS PAGE 7 OF 24
PDXDOCS:1840008.2 196080-0005
- -
policy through its planning and land use regulations. Because this application will comply with all relevant
natural resource regulations, this policy will be met.
Policy 23. The City shall require new development, including public infrastructure, to minimize conflicts by addressing the need for compatibility between it and adjacent existing and
future
land uses.
Findin s. No new development is proposed by this application. The proposed redesignation of the site
to R-25, along with the trip-cap, minimize conflicts and increase compatibility between future developments on this site and existing and future land uses adjacent to this site. The
evidence shows that
the R-25 designation and related future development will be more compatible with adjacent residential,
civic, and open space uses. The amount of traffic generated by future development on this site will be
limited by the trip cap, and in doing so, will minimize conflicts between future development on this site
and adjacent existing and future land uses, because the trip cap limits the amount of trips generated by future R-25 development to the number of trips that could be generated by development
permitted in the
existing I-L zone. To the extent this policy applies to future development of the site, this policy will
therefore be met.
ENVIRONMENTAL QUALITY
Goa16.1 Reduce air pollution and improve air quality in the community and region.
Policy 1. The City shall require that all development complies with or exceeds regional, state, and federal standards for air quality.
Findin s. Any proposed development will be required to comply with or exceed regional, state, and
federal air quality standards. Also, because the R-25 designation allows residential use and prohibits
industrial use, it is reasonable to expect that there will be few air quality impacts from residential, rather than industrial development of the site. This policy will therefore be
met.
Policy 3. The City shall promote land use patterns which reduce dependency on the automobile,
are compatible with existing neighborhoods, and increase opportunities for walking, biking,
and/or public transit.
Findin s. Redesignation of this particular site to R-25 helps promote a land use pattern that reduces
dependency on the automobile, is compatible with existing neighborhoods, and increases opportunities for
walking, biking, and transit. As the evidence indicates, there are currently more jobs in Tigard than people in the workforce living within the City. The comprehensive plan recognizes
the need to create workforce
housing opportunities close to downtown, close to jobs, and close to transit and trail systems. As
explained elsewhere in these findings, and as explained extensively by the applicant in its materials, this
property's proximity to transit, trails, fobs, the downtown, and nearby c~v~c and open space uses creates an
important opportunity to reduce dependency on the automobile in a way that is compatible with existing neighborhoods surrounding the site, and in doing so, creates opportunities for
walking, biking, and
increasing public transit use. This policy is therefore met.
Goa16.2 Ensure land use activities protect and enhance the community's water quality.
Policy 1. The City shall require that all development complies with or exceeds regional, state, and federal standards for water quality.
Findin s. Any future development of the site must comply with standards to protect Fanno Creek and
associated wetlands on-site. Review of future development applications by the City, state agencies, and Clean Mater Services will ensure compliance with regional, state and federal standards.
This policy is
therefore met.
HAZARD S
Goal 7.1 Protect people and property from flood, landslide, earthquake, wildfire, and severe
weather hazards.
CITY COUNCIL FINDINGS PAGE 8 OF 24
PDXDOCS:1840008.2 196080-0005
- -
Findin s. The site contains areas of the 1 o0-year floodplain. The Tigard Development Code protects
people and property from flood hazards by limiting development in these areas and requiring structures to
be designed for placement in these areas. All future development must comply with the standards
outlined in the Tigard Development Code. Through compliance with standards in the Tigard Development Code, the building code, and other relevant regulations, this policy will therefore
be met.
ECONOMIC DEVELOPMENT
Goa19.1 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.
Policy 5. The City shall promote well-designed and efficient development and redevelopment of
vacant and underutilized industrial and commercial lands.
Policy 6. The City shall promote actions that result in greater, more efficient, utilization of its Metro-designated Employment and Industrial Areas.
Policy 11. The City shall develop industry clusters by encouraging the retention, expansion, and
recruitment of industries that already have a presence in Tigard.
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.
Goal 9.2 Make Tigard a center and incubator for innovative businesses, including those that
focus on environmental sustainability.
Policy 1. The City shall institute appropriate land use regulations to accommodate a
contemporary mix of economic activities.
Policy 2. The City shall periodically review and update its policies, land use regulations, and other efforts to ensure the City's land use program is responsive to changes in the economic
structure, and is adaptable to businesses changing development needs.
Policy 3. The City shall engage with state and regional economical development organizations and agencies to sustain and expand its current economic activities and be prepared for future
economic trends.
Goa19.3 Make Tigard a prosperous and desirable place to live and do business.
Policy 3. The City shall commit to improving and maintaining the quality of community life
(public safety, education, transportation, community design, housing, parks and recreation, etc.)
to promote a vibrant and sustainable economy.
Findin s. The above-mentioned economic development goals and policies have been carefully considered by the applicant in its written materials and in the oral testimony at the hearing.
The primary substantive issue raised by both City staff and DLCD staff during the course of these
proceedings was their concern that the City has a limited amount of vacant land zoned for light industrial use, and has a limited potential for expanding into new areas that could be
designated for industrial use.
They are concerned that by rezoning the site from I-L to R-25, the City may lose the opportunity for
additional j ob creation in the City.
Council agrees that the City has a limited amount of vacant land zoned for light industrial use and has a limited potential for expanding into new areas that could be designated for
industrial use. However,
Council agrees with the applicant that even though this site was originally zoned for industrial use in 1979,
it has not developed for industrial use and is unlikely to do so in the foreseeable future, because over time
the site has become unsuitable for industrial use. Because the site has become unsuitable for industrial
CITY COUNCIL FINDINGS PAGE 9 OF 24
PDXDOCS:1840008.2 196080-0005
- -
use, the site does not have any industrial job capacity. Rather, the site is most suitable for medium-density
housing and related neighborhood commercial and civic uses, and jobs related to these uses, as explained
in this decision.
The evidence shows that during the 30-plus years since this site was zoned for industrial use, it has remained vacant. During that period, the surrounding area has significantly changed.
For example, the
western portion of Mall Street, directly east of Hall Boulevard, has been built and is now developed with
housing on one side and the library on the other. The library is a wonderful addition to the neighborhood
and an important asset to the City as a whole. The adjacent Fanno Creek wetlands have been protected,
and sensitively developed with popular pedestrian trails that serve the surrounding community. Over the
last 30 years, local, state, and federal environmental protections have grown, and now protect much more
of the land in this area. As part of its open space program, Metro recently acquired the parcel directly
south of the site for park and open space purposes. Over the last several years, a substantial amount of
residential development has been built to the east, west, and south of the site, at a mix of zoning densities
including R-25, R-12, and R-7. The new Westside Commuter Rail ("WES") is the newest addition to the
neighborhood. WES recently began service to this area, creating an important light rail corridor along the
northern edge of this site.
Overall, these changes have made the site increasingly unsuitable for industrial use. For example, one of
the Goal 9 factors related to industrial land is proximity to rail. The recent construction of the WES
commuter rail along the site's northern border has eliminated freight access to the site. Recently, the
railroad decided that it would not allow an at-grade crossing in this location. This practical inability to
connect Wall Street to the industrial area to the north, combined with Metro's purchase of the industrial
property to the south, and the other wetland areas to the west, effectively isolates this parcel from the
surrounding industrial area. In addition, environmental legislation enacted over the past 30 years further
constrains the property and makes it even more unsuitable for industrial use. Because of these constraints,
this property has become functionally isolated from other industrially-zoned property and is now
surrounded by residential and civic uses, open space, and wetlands.
On the other hand, this property's proximity to City Hall, the library, Fanno Creek, WES, and nearby
medium- and lower-density residential neighborhoods, and the City's emerging downtown, creates
important opportunities to use this site for medium-density workforce housing. A substantial,
well-planned, medium-density housing site in this location would significantly contribute to the synergy of
the area and would sensitively protect the important habitat areas on the site in a way that industrial use
could not. The provision of workforce housing encourages businesses to locate nearby, consistent with
the City's comprehensive plan.
The applicant's testimony explained in detail why the site does not meet the relevant site suitability factors
for industrial use, listed under OAR 660-009 (Goal 9), and is no longer suitable for industrial use. Council
agrees with the applicant's testimony in that regard and specifically finds as follows:
• Rail access to this site has been eliminated by WES. Industrial freight shipment to and from this site
would therefore be limited to trucks.
• Conflicts from increased truck traffic on Wall Street would create safety, noise, and maintenance
problems and would not enhance the new library, residential, and open space uses located along that
street.
• The parcel is isolated from other industrial development to the north and east by the railroad, to the
west by residential development and wetlands, and to the south by the Metro park parcel and its
substantial stand of trees.
CITY COUNCIL FINDINGS PAGE 10 OF 24
PDXDOCS:1840008.2 196080-0005
- -
• Environmental constraints significantly limit industrial development of the site. There is substantial
evidence in the record that industrial development typically requires larger parking and maneuvering
areas and larger building footprints than residential development would. Residential development
can be more flexible and is better able to cluster development that can better respond to the
environmental constraints presented, and is often able to use these environmental constraints as an
amenity, rather than as a constraint.
• Industrial development is not able to economically offset the high cost of extending ~Xlall Street and
other public infrastructure to the site. Residential rates of return would allow the high infrastructure
costs associated with the development of this property to be financed by the development itself.
Conversely, zoning the site for industrial use does not produce sufficient economic value to fund
needed public infrastructure to serve the site, and development therefore acts as a significant
development constraint, prohibiting industrial use of the site.
• The site lacks visibility from Hall Boulevard or Mall Street. ~lithout adequate street visibility, this
property is not suitable for office use, commercial use, or apartments. Single-family attached units
of two to three stories, which are typically the building form used for medium-density workforce
housing, do not require visibility from major streets and benefit from being near open space and
other residential development.
• The triangular shape of the parcel is not conducive to industrial development and significantly limits
site design options.
Because of these and other constraints discussed during the hearing and in the applicant's materials, the site has become unsuitable for industrial use, even though as staff points out,
a large portion of the site is
"buildable." It is important to understand, however, that "buildability" is not the relevant legal or practical
standard for analyzing whether a particular site is appropriate for industrial use. Both under Goal 9 and
from a market standpoint, a site can be "buildable" and still not be suitable for industrial use. The fact
that a site maybe "buildable" is not the controlling factor as to whether the site is appropriately zoned for
industrial use. As the evidence in the record shows, site suitability requires the consideration of a number
of factors, such as multimodal freight access, environmental constraints, isolation from other industrial
development, and conflicts with other nearby uses. In this case, even though a large portion of this site is
"buildable," other factors listed in OAR 660-009-0010 make the site unsuitable for industrial use. As the
applicant pointed out in its testimony, the following site characteristics and development constraints make
the property unsuitable for industrial use.
SITE CHARACTERISTICS
Site Characteristics
Subject Property Condition (OAR 660-009-0005(11))
Site configuration including shape Triangular shape not conducive to industrial
development.
Acreage Most of the site's acreage is impacted by
industrial development constraints.
Topography Slopes around Fanno Creek pose a minor
constraint on industrial development.
CITY COUNCIL FINDINGS PAGE 110F 24
PDXDOCS:1840008.2 196080-0005
- -
Site Characteristics
Subject Property Condition (OAR 660-009-0005(11))
Visibility No visibility. Site not visible from Hall
Boulevard or Mall Street.
Specific types or levels of public facilities Industrial access to roads, water, and sewer is
very difficult at best.
Proximity to a particular transportation or Very poor. Zero-modal access, as opposed to
freight facility such as rail, marine ports and multimodal. Site is adjacent to railway, but
airports, multimodal freight or transshipment wES commuter rail precludes industrial rail
facilities, and major transportation routes access. Significant residential use of wall
Street.
DEVELOPMENT CONSTRAINTS
Development Constraints Subject Property Condition
(OAR 660-009-0005 (2))
wetlands Significant wetlands on site reduce buildable
area and complicate industrial access.
Environmentally sensitive areas such as habitat Most of site is covered by Significant Habitat
areas.
Environmental contamination No known contamination.
Slope/topography Slopes around Fanno Creek put a minor
constraint on industrial development.
Cultural and archaeological resources Industrial site may conflict with adjacent
library resource.
Infrastructure deficiencies Significant complications with access to roads,
sewer, and water.
Parcel fragmentation Parcel is isolated from industrial development
to north and east by railroad, and to the south
by the Metro park parcel.
Natural hazards Significantly present. The western boundary
of the site is impacted by the floodplain.
The above discussion is relevant to all of the above-mentioned goals and policies in the City's
comprehensive plan related to the economy. It is important that the City rely on accurate information for
purposes of reaching its economic development goals and for purposes of updating its land use plan. Because this site is no longer suitable for industrial use, it should be removed from
the City's inventory of
CITY COUNCIL FINDINGS PAGE 12 OF 24
PDXDOCS:1840008.2 196080-0005
- -
vacant industrial land and should be rezoned to R-25, for the reasons explained in this decision. ~Iith
regard to each of the economic development goals and policies mentioned above, the following additional
findings are made:
Goa19.1. This redesignation supports the City's goal of developing and maintaining a strong, diversified,
and sustainable local economy. It is critical that the City base its economic strategy on accurate
information. The evidence shows that despite relatively high demand for light industrial land and low
supply, this site has not developed for light industrial use and is unlikely to do so in the future, because of
its unsuitable site characteristics and development constraints. R-25 zoning allows the site to be developed for medium-density workforce housing, and allows the site to be developed
in a more flexible
way, so that residential development and related neighborhood commercial uses can be clustered to avoid
natural resource areas. Development allowed under the R-25 zone will help create a stronger, more
diversified, and sustainable development on this site, which in turn will help the local economy. This goal
is therefore met.
Policy 2. One of the key considerations for businesses seeking to expand or locate in Tigard is the
availability of family-wage, or workforce, housing. As explained by the applicant, many Tigard workers
cannot currently afford to live in the City. The comprehensive plan shows that there are substantially more jobs in Tigard than workers. R-25 zoning, in this particular location, will
help encourage businesses
that provide family-wage jobs to start up, expand, or locate in Tigard, because this site helps expand
opportunities for workers to obtain housing close to jobs, transit, and the downtown. This policy is
therefore met.
Policy 5. As explained by the applicant, this particular site is not suitable for industrial or most
commercial uses, except for a limited amount of neighborhood commercial use. R-25 zoning allows both
medium-density workforce housing and a limited amount of neighborhood commercial use.
Neighborhood commercial uses will be well designed and efficiently used, as required by the City's
development regulations. To the extent this policy applies, it will therefore be met.
Policy 6. This site is designed by Metro as an Employment Area. The proposed redesignation of the site
to R-25 promotes a greater and more efficient utilization of the site by creating neighborhood commercial
employment opportunities, and at the same time, allowing the site to be developed for medium-density
housing, thereby creating a more viable local market for neighborhood commercial use on this site. Also, as explained by the applicant, nearby industrial and commercial designated lands
will benefit from the
redesignation of this site from an unsuitable industrial designation to R-25, because the increase in
medium-density housing so close to transit, the downtown, nearby civic uses, and jobs will allow
workforce housing to be located closer to industrial and other employment lands within the City. For all of these reasons, Policy 6 is therefore met.
Policy 11. This is an aspirational policy that does not apply directly to this application. The City's overall
economic development policies already encourage the retention, expansion, and recruitment of industry
clusters that have a presence in Tigard. Because this land is not suitable for industrial use, it is not feasible to implement this policy on this particular site. Therefore, to the
extent this aspirational policy applies, it
has already been met through the City's comprehensive plan and implementing regulations. This policy
will therefore continue to be met.
Policy 12. The economic development that will occur on this site when it is rezoned to R-25 will promote livability and environmental quality that are necessary for a sustainable economic
future, because by
replacing the unviable and unsuitable I-L zoning with the more suitable R-25 zoning, needed
medium-density workforce housing can be developed on this site in a way that promotes livability and
environmental quality. On the other hand, continuing to zone the site I-L will not promote a sustainable economic future, because the site is no longer suitable for industrial use. Policy
12 will therefore be met.
Goa19.2. This is an aspirational policy that does not directly apply to this application. Even if it did, the
City's overall economic development policies and development regulations implement this goal by
providing opportunities for the City to become a center and incubator for innovative businesses, including those that focus on sustainability. It should also be noted that many innovative
small businesses and small
business incubators, particularly those that focus on sustainability, often begin in home-office locations.
The R-25 zone allows home occupation uses and live-work arrangements, thereby creating opportunities
CITY COUNCIL FINDINGS PAGE 13 OF 24
PDXDOCS:1840008.2 196080-0005
- -
for incubator and innovative businesses to begin and grow. Therefore, to the extent that Goal 9.2 applies,
it is met.
Policy 1. Through its comprehensive plan and land use regulations, the City accommodates a contemporary mix of economic activities. For the reasons described in this decision, this application
complies with the City's comprehensive plan and land use regulations, and in doing so, helps
accommodate a contemporary mix of economic activities, in this case, including workforce housing and
other uses allowed in the R-25 zone. This policy is therefore met.
Policy 2. As explained by the applicant and elsewhere in this decision, this PAPA has allowed the City to
review and update its land use regulations to ensure that the City's land use program is responsive to
changes in the economy and to changing development needs. Because this site is no longer suitable for
industrial use, and because it is an appropriate site for medium-density workforce housing, it is appropriate
to update the zoning from I-L to R-25 to reflect the development needs and economic realities of the market and this site. This policy is therefore met.
Policy 3. As part of its overall planning process, the City has and will continue to engage with state and
regional economic development organizations and agencies to sustain and expand its current economic activities and prepare for future economic trends. For example, one of the trends
identified in the City's
new comprehensive plan is that a significant number of workers who are employed in the City do not live
in the City and cannot afford to do so. By providing opportunities for a substantial, well-planned,
medium-density workforce housing site in this location, so close to downtown, jobs, and transit, the
proposed redesignation provides an important opportunity to sustain and expand economic activity in response to an existing economic trend, namely the need for awell-located and well-placed
workforce
housing site that can provide synergy to downtown, transit, and nearby job opportunities. This policy is
therefore met.
Goa19.3. The redesignation of this site from I-L to R-25 will help make Tigard a more prosperous and desirable place to live and do business, because this rezoning removes an unsuitable
zoning designation
from the site that has prevented the site from developing over the past 30 years, and will likely prevent it
from developing in the foreseeable future, and has replaced the I-L zoning with an R-25 zoning
designation that will encourage medium-density housing and limited neighborhood uses that will be
compatible with the surrounding development. This goal is therefore met.
Policy 3. The proposed rezoning will improve and maintain the quality of community life and will
promote a vibrant and sustainable economy for the reasons described above. This property's proximity to
City Hall, the library, Fanno Creek, DIES, nearby housing, and the emerging downtown will improve the quality of community life and will help promote a vibrant and sustainable local
economy by locating
medium-density, two- to three-story homes close to these facilities and nearby jobs. This policy is
therefore met.
HOUSING
Goa110.1 Provide opportunities for a variety of housing types to meet the diverse housing needs
of current and future City residents.
Policy 1. The City shall adopt and maintain land use policies, codes, and standards that provide
opportunities to develop a variety of housing types that meet the needs, preferences, and financial
capabilities of Tigard's present and future residents.
Policy 2. The City's land use program shall be consistent with applicable state and federal laws.
Policy 3. The City shall support housing affordability, special-needs housing, ownership
opportunities, and housing rehabilitation through programs administered by the state,
Washington County, nonprofit agencies, and Metro.
Policy 4. The City shall adopt and maintain land use regulations that provide opportunities to
develop housing for persons with special needs. The scale, design, intensity, and operation of
CITY COUNCIL FINDINGS PAGE 14 OF 24
PDXDOCS:1840008.2 196080-0005
- -
these housing types shall be compatible with other land uses and located in proximity to
supporting community services and activities.
Findin s. Overall, the City's housing goal and policies described above are met by the proposed redesignation of this site from I-L to R-25, because this redesignation creates an important
opportunity to
increase the variety of more affordable workforce housing to meet the diverse housing needs of current
and future city residents, in a location that is close to downtown, nearby civic uses, transit opportunities,
open space, and a wide variety of job opportunities.
City staff has indicated that the City is currently in compliance with the Metro Housing Rule
(OAR 660-007), because even though the City's 2007 residential density is 7.09, it can provide an overall
density of 10.42 units per net buildable acre (2,979 potential units divided by 286 net buildable acres). The
applicant indicates and Council finds that the proposed redesignation of this site to R-25 will help the City
meet its target density of 10 units per acre as required by the Metro Housing Rule. There is substantial evidence in the record that based on the above-mentioned projection, that the
City is in compliance with
the Metro Housing Rule and can achieve its target residential density of 10 units per acre. Rezoning this
site to accommodate medium-density housing (R-25) will make it even more likely that the City will meet
its target density of 10 units per acre, because the minimum density in this zone (.80 x 25 units per acre = 20 units per acre) will tend to increase the overall residential density
in the City, thereby helping to
ensure compliance with the City's target residential density of 10 units per acre, and thereby continue to
satisfy the requirements of the Metro Housing Rule.
With regard to the specific comprehensive plan goals and policies set forth above, the City further finds that:
Goa110.1. Redesignating this site for medium-density residential use will help the City provide additional
opportunities for a variety of housing types to be built to meet the diverse housing needs of current and
future City residents. As the applicant pointed out in its testimony, changes in demographics, high gas prices and longer commutes on congested roads are generating more interest in
smaller homes in both
urban and suburban settings. With this relatively large site being located so close to the City's downtown,
directly adjacent to WES and other transit options, surrounded by employment opportunities, civic uses ,
open space, recreational opportunities, and residential development, it presents the City with an extremely
important opportunity to add a substantial amount of medium-density workforce housing to the City's residential housing mix, in a synergistic way. The City has a demonstrated need for
moderate-density
workforce housing that is affordable to family-wage workers and their families, many of whom cannot
afford to live in the City of Tigard, near their jobs. The City's new comprehensive plan clearly recognizes
that there is a demonstrated need for workforce housing in the City of Tigard, especially when it can be located close to downtown, close to light rail and employment centers as is the
case with this site. This
fact is true regardless of whether or not the City meets its target residential density. While the City can
address part of its need for workforce housing through higher-density apartment-type dwellings, and
through economic assistance for affordable housing, a substantial portion of the market wishes to own its
own home. Workforce housing helps provide this needed housing option, particularly on a site like this, located so close to downtown. This goal is therefore met.
Policy 2. The City's comprehensive plan and land use regulations have been acknowledged and therefore
comply with applicable state and federal laws. The proposed redesignation of the site does not negatively
affect such compliance. As explained above, redesignation of the site from I-L to R-25 will enhance the City's ability to comply with applicable housing laws. This policy is therefore
met.
Policy 3. The City has acknowledged comprehensive plan goals and policies that support housing
affordability, special needs housing, ownership opportunities, and housing rehabilitation. The proposed redesignation of this site to R-25 will provide additional opportunities for medium-density
workforce
housing and in doing so will help support the City's policies in that regard. Furthermore, by creating this
opportunity for medium-density workforce housing, the City provides more ownership opportunities in
Tigard. This policy is therefore met.
Policy 4. This policy directs the City to adopt and maintain land use regulations that provide
opportunities to develop housing for persons with special needs, and for this type of housing to be located
in proximity to supporting community services and activities. The proposed redesignation of this site
from I-L to R-25 will provide additional opportunities to develop housing in close proximity to supporting
CITY COUNCIL FINDINGS PAGE 15 OF 24
PDXDOCS:1840008.2 196080-0005
- -
community services and activities, as described above. Since the R-25 zone allows housing to be
constructed for persons with special needs, this redesignation will provide additional opportunities to
develop housing for persons with special needs. This policy is therefore met.
Goa110.2 Maintain a high level of residential livability.
Policy 8: The City shall require measures to mitigate the adverse impacts from differing or more
intense land uses on residential living environments, such as:
A. orderly transitions from one residential density to another;
B, protection of existing vegetation, natural resources and provision of open space areas; and
C. installation of landscaping and effective buffering and screening.
Findin s. The proposed redesignation of the site from I-L to R-25 will maintain a high level of residential livability in the surrounding area. For example, the proposed residential
zoning will reduce
negative impacts to established residential areas nearby because the proposed zoning is more compatible
with the surrounding residential uses than the existing industrial zoning. The range of industrial uses
permitted in the I-L zone are less compatible with nearby residential, civic, and open space uses than the range of residential, neighborhood commercial, and other uses permitted in
the R-25 zone are.
The trip-cap that will be imposed on future development of this site through the condition of approval
adopted as part of this decision will ensure that the number of peak hour trips will not exceed the number
allowed under the current zoning. Furthermore, testimony in the record indicates that redesignating the site from I-L to R-25 reduces the likelihood that significant truck traffic will
occur on Wall Street, as
would likely be the case if the site developed under the I-L zone.
It should also be noted that existing vegetation, natural resources, and open space along Fanno Creek will
be protected pursuant to city, state, and federal regulations, which will further enhance residential livability in the area. Metro's acquisition of the property immediately south of
the site substantially adds to the
livability in the area. Well-planned development of this site for medium-density residential development
will allow dwellings to be clustered to help protect existing vegetation and natural resources, and create
even more open space in the area. At the time the site develops, it will be required to comply with
relevant City landscaping, buffering, and screening requirements. For all of the above reasons, and based on the other reasons noted in the applicant's testimony, this policy is therefore
met.
NATURAL FEATURES AND OPEN SPACE
Policy 3.2.4
The City shall prohibit development within areas designated as significant wetlands on the
Floodplain and Wetlands map. No development shall occur on property adjacent to areas
designated as significant wetlands on the floodplain and wetlands map within twenty five (25) feet of the designated wetlands area. Development on property adjacent to significant wetlands
shall
be allowed under the planned development section of the code.
Findin s. This policy is carried out by the Sensitive Lands chapter (18.775) of the Tigard Development
Code. No development is proposed in this application. All future development must comply with the standards of the TDC. This policy is therefore met.
TRANSPORTATION SYSTEM
Policy 8.1.4: Set and maintain transportation performance measures that set a minimum
intersection level of service standard for the city of Tigard and requires all public facilities to be
designed to meet this standard.
Findin s. The City has already established transportation performance measures in compliance with this
policy. Pursuant to those standards, the City must make findings that the proposed zone
change/comprehensive plan amendment complies with the Transportation Planning Rule (TPR) OAR
660-012-0060. Under that rule, there must be substantial evidence in the record to either make the finding
CITY COUNCIL FINDINGS PAGE 16 OF 24
PDXDOCS:1840008.2 196080-0005
- -
of "no significant effect" on the transportation system, or if there is a significant effect assurance that the
allowed land uses are consistent with the identified function, capacity, and performance standard of the
transportation facility within the plan horizon of the local Transportation System Plan or 15 years
whichever is greater. Specifically, OAR 660-012-0060 provides:
"1) ~Xlhere an amendment to a functional plan, an acknowledged comprehensive plan, or a
land use regulation would significantly affect an existing or planned transportation facility,
the local government shall put in place measures as provided in section (2) of this rule to
assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ration, etc.) of the facility.
"A plan or land use regulation amendment significantly affects a transportation facility if it
would:
"(c) As measured at the end of the planning period identified in the adopted transportation
system plan:
"(C) ~lorsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard
identified in the TSP or comprehensive plan."
The applicant's traffic engineer provided PM Peak Hour trips for both Light Industrial uses (352 trips) and
Residential uses (261 trips). Comments received form DLCD indicate that while the TPR analysis appears adequate, there was a question about the number of residential trips. The Institute
of Traffic Engineers
(ITE) code used in the traffic analysis is based on ownership units and not rental units, which are
permitted within the R-25 zone. City staff reviewed the ITE and calculated the number of trips for rental
units at 310. This is still lower than the 352 for an industrial use; therefore the proposed amendment will
not significantly impact transportation facilities. These numbers are based on a 20 acre site. The applicant's engineer deducted 15% from the total site area for public right-of--way
dedication. Since the
site has less buildable area than this, the number of trips would actually be lower than estimated. DLCD
suggests placing a cap of 352 PM peak hour trips on the site, which represents the number of trips that
occur if the site was developed for industrial use. This trip-cap condition will ensure that the proposed
R-25 zoning will not significantly affect a transportation facility under OAR 660-012-0060. Based upon all of the evidence in the record, and with the addition of a trip-cap condition
of 352 PM peak hour trips,
Policy 8.1.4 and OAR 660-012-0060 are therefore met because the proposed redesignation will not
significantly affect any transportation facilities, since the peak hour trips will be no greater than what is
allowed by the existing I-L zone.
Policy 8.2.3
The city shall require as a precondition to development approval that:
A Development abuts a publicly dedicated street or has adequate access approved by the appropriate approval authority;
B. Street right-of--way be dedicated where the street is substandard in width;
C. The developer commit to the construction of the streets, curbs and sidewalks to city standards
within the development;
D. Individual developers participate in the improvement of existing streets, curbs and sidewalks to the extent of the development's impacts;
E. Street improvements be made and street signs or signals be provided when the development is
found to create or intensify a traffic hazard;
F. Transit stops, bus turnout lanes and shelters be provided when the proposed use of a type
which generates transit ridership; G. Parking spaces be set aside and marked for cars operated by disabled persons and that the
spaces be located as close as possible to the entrance designed for disabled persons; and
H. Land be dedicated to implement the bicycle/pedestrian corridor in accordance with the
adopted plan.
Findin s. The applicant has not proposed a specific development plan at this time, only a re-designation
from I-L to R-25. Prior to the construction of any development on-site, the applicant must obtain land
use approval and will be required to construct street and other related improvements to serve the
CITY COUNCIL FINDINGS PAGE 17 OF 24
PDXDOCS:1840008.2 196080-0005
- -
development, as required by the City's land use regulations. This policy will therefore be met.
18.380.030.B.2
Demonstration of compliance with all applicable standards of any provision of this code or other applicable implementing ordinance; and
Findin s. The applicant has demonstrated compliance with all of the relevant comprehensive plan goals
and policies as described above. The applicant has also demonstrated compliance with
TDC 18.380.030(B)(1), (2), and (3) and TDC 18.380.030(C) as described below. No other provision of this code or other applicable implementing ordinances have been raised by any party
as being relevant, and
the City finds that no other code provisions or ordinances are applicable. This criteria is therefore met.
18.380.030.B.3
Evidence of change in the neighborhood or community or a mistake or inconsistency in the comprehensive plan or zoning map as it relates to the property which is the subject of the
development application.
Findin s. The City Council agrees with the applicant's testimony and finds that there is substantial evidence in the record of a change in the neighborhood or community as it relates
to the property. In this
case, the relevant neighborhood or community is the area bounded by Hall Boulevard on the east,
Hunziker Street on the north, 72nd Avenue on the west, and Bonita Road on the south.
During the 30-plus years since the applicant has owned this industrially-zoned property, the above-mentioned area has significantly changed. For example, the western portion of ~Xlall
Street, directly
east of Hall Boulevard, has been built and is now developed with housing on one side and the library on
the other. The library is a new addition to the neighborhood and an important asset to the City as a
whole. The adjacent Fanno Creek wetlands have been protected, and sensitively developed with popular
pedestrian trails that serve the surrounding community. Over the last 30 years, local, state, and federal environmental protections have grown, and now protect much more of the land
in this area. As part of its
open space program, Metro recently acquired the parcel directly south of the site for park and open space
purposes. Over the last several years, a substantial amount of residential development has been built to
the east, west, and south of the site, at a mix of zoning densities including R-25, R-12, and R-7. The new
~lestside Commuter Rail ("~X1ES") is the newest addition to the neighborhood. ~1ES recently began service to this area, creating an important light rail corridor along the northern edge
of this site.
Overall, these changes have made the site increasingly unsuitable for industrial use. As the applicant
pointed out in its testimony, one of the Goal 9 factors related to industrial land is proximity to rail. The recent construction of the ~XIES commuter rail along the site's northern
border has eliminated freight
access to the site. Recently, the railroad decided that it would not allow an at-grade crossing in this
location. This practical inability to connect ~1all Street to the industrial area to the north, combined with
Metro's purchase of the industrial property to the south, and the other wetland areas to the west,
effectively isolates this parcel from the surrounding industrial area. In addition, environmental legislation enacted over the past 30 years further constrains the property and makes
it even more unsuitable for
industrial use. Because of these changes, the subject property has become functionally isolated from other
industrially-zoned property and is now surrounded by residential and civic uses, open space, and wetlands.
On the other hand, this property's proximity to City Hall, the library, Fanno Creek, ~XIES, and nearby medium- and lower-density residential neighborhoods, and the City's emerging downtown,
creates
important opportunities to use this site for medium-density workforce housing. A substantial,
well-planned, medium-density housing site in this location would significantly contribute to the synergy of
the area and would sensitively protect the important habitat areas on the site in a way that industrial use could not. For all of these reasons, and the other reasons described in the
record, the City finds that there
have been a significant number of changes in the neighborhood or community as it relates to the property,
and that these changes have made the site unsuitable for industrial use. These changes, on the other hand,
support a change in the zoning from light industrial (I-L) to medium-density residential (R-25). This
criterion is therefore met.
CITY COUNCIL FINDINGS PAGE 18 OF 24
PDXDOCS:1840008.2 196080-0005
- -
18.380.030
C. Conditions of approval. Aquasi-judicial decision may be for denial, approval, or approval with
conditions as provided by Section 18.390.050. A legislative decision maybe approved or denied.
This is aquasi-judicial decision approving the proposed application, with conditions, as provided by TDC 18.390.050. This criteria is therefore met.
SECTION V. COMPLIANCE WITH THE RELEVANT STATEWIDE PLANNING
GOALS
The following Statewide Planning Goals apply to this application. Each of these goals are met, as
explained in the findings below.
Goal 1 (Citizen Participation). The City's comprehensive plan and land use regulations are
acknowledged to be in compliance with the Statewide Planning Goals, including Goal 1. The City
complied with the relevant Citizen Involvement Provisions in its comprehensive plan and zoning code,
and held hearings before both the Planning Commission and City Council on this matter. Goal 1 is
therefore met.
Goa12 (Land Use Planning). The City's comprehensive plan and land use regulations are acknowledged
to be in compliance with the Statewide Planning Goals, including Goal 2. Goal 2 requires that the City's
land use decisions have an adequate factual base. In this case, there is substantial evidence in the record
that this particular site is no longer suitable for industrial use, and that based upon the evidence in the
record and the relevant approval criteria, the site should instead be zoned R-25. Goal 2 is therefore met
by the proposed redesignation.
Goa15 (Natural Resources). The City's comprehensive plan and land use regulations are acknowledged
to be in compliance with the Statewide Planning Goals, Including Goal 5. Goal 5 requires that natural
resources be protected. The site is currently zoned I-L. Any development of the site, whether it is zoned I-L or R-25, is subject to city, state, and federal natural resource protection
requirements. Goal 5 will
therefore be met.
Goa16 (Air, Water and Land Quality). The City's comprehensive plan and land use regulations are
acknowledged to be in compliance with the Statewide Planning Goals, including Goal 6. Goal 6 requires
that the quality of the air, water, and land resources of the state be maintained and improved. The City,
CAS, Metro, and the state and federal governments have enacted regulations that implement this Goal.
All of those relevant regulations will be complied with prior to development of this site, regardless of
whether the site is zoned I-L or R-25. This goal will therefore be met.
Goal 7 (Natural Hazards). The City's comprehensive plan and land use regulations have been
acknowledged to be in compliance with the Statewide Planning Goals, including Goal 7. Goal 7 requires
the protection of people and property from natural hazards. The City, the state, and the federal
government have enacted regulations to reduce the risk to people and property from natural hazards.
These regulations will continue to be met regardless of whether the site is zoned I-L or R-25. This goal is
therefore met.
Goa19 (Economic Development). The City's comprehensive plan and land use regulations have been
acknowledged to be in compliance with Statewide Planning Goal 9. Goal9 requires that adequate
opportunities be provided throughout the state for a variety of economic activities. As the applicant
CITY COUNCIL FINDINGS PAGE 19 OF 24
PDXDOCS:1840008.2 196080-0005
- -
pointed out in its testimony, Goal9 requires the City to base its economic analysis on up-to-date
information. The economic analysis in the City's comprehensive plan was performed in 1989 and is now
20 years old. In that report, the City's economic analysis assumed that the site was suitable for industrial
use. As explained in this decision, the evidence shows that the site is no longer suitable for industrial use.
The City will be revising this economic analysis during periodic review, which is already under way. In
such cases, OAR 660-009-0010 allows the applicant to request apost-acknowledgement plan amendment
(PAPA) prior to periodic review as a means of rezoning the site. Specifically, OAR 660-009-0010(4)
provides the applicant with the following three options:
"(4) For apost-acknowledgement plan amendment under OAR chapter 660, division 18,
that changes the plan designation of land in excess of two acres within an existing urban growth boundary from an industrial use designation to anon-industrial use designation, or
an other employment use designation to any other use designation, a city or county must
address all applicable planning requirements, and:
"(a) Demonstrate that the proposed amendment is consistent with its most recent economic
opportunities analysis and the parts of its acknowledged comprehensive plan which address
the requirements of this division; or
"(b) Amend its comprehensive plan to incorporate the proposed amendment, consistent with the requirements of this division; or
"(c) Adopt a combination of the above, consistent with the requirements of this division."
The applicant in this case is proceeding under option 4(b), which allows the City to amend its comprehensive plan to incorporate the ~roposed amendment, consistent with the requirements
of this
div~s~on. Council finds that the applicant s request to amend the City's comprehensive plan to change the
designation of this site from I-L to R-25 is consistent with the requirements of OAR 660-009, because the
property's site characteristics and development constraints make the site unsuitable for industrial use. The
applicant has shown that this site is no longer suitable for industrial or other employment uses and that its designation should therefore be changed. The proposed change in designation
from I-L to R-25 is
consistent with OAR 660-009, for the reasons described by the applicant and other witnesses who testified
in support of this application, and as detailed in the applicant's written testimony, particularly the letters
from the applicant's attorney, dated January 26 and March 17, 2009, both of which address the relevant Goal 9 rules in detail. That testimony is adopted and incorporated by reference
here. For all of the above
reasons, Goal 9 is therefore met.
Goa110 (Housing). The City's comprehensive plan and land use regulations have been acknowledged to
be in compliance with the Statewide Planning Goals, including Goal 10. The City's land use regulations implement these goals and will continue to do so whether the site is designated
I-L or R-25. As described
elsewhere in this decision, the proposed redesignation of this site to amedium-density R-25 zoning
designation will help provide for the housing needs of the citizens of the state in general, and the citizens
of the City of Tigard in particular by providing an opportunity for workforce housing in a key location
near downtown, transit, and ~nportant nearby job centers. As noted below, the City s comprehensive plan reinforces the need to expand the opportunities for residents to work closer to
where they live, and in
doing so, further explains the existing situation within the City. Specifically, the City's comprehensive plan
provides that:
"Tigard is sometimes perceived as a bedroom community for nearby cities. This is not
accurate. Tigard businesses provide 38,628 full and part time jobs in 2005 (State of
Oregon Employment Department). This number is greater than the number of Tigard residents over the age of 16 in the workforce: 25,537 (O.E.D, 2006). Seventy percent of
Tigard residents work outside the City, so thousands of workers from throughout the
region are regularly commuting to Tigard jobs (2000 Census). The City shall seek to
expand the opportunities for residents to work closer to where they live. This will require
CITY COUNCIL FINDINGS PAGE 20 OF 24
PDXDOCS:1840008.2 196080-0005
- -
promoting a mix of high quality housing opportunities for households with varying
incomes." (See Tigard Comprehensive Plan at 9-1- 9-2.)
This comprehensive plan provision clearly recognizes that there is a demonstrated need for workforce
housing in the City of Tigard, especially when it can be located close to downtown, close to light rail, and
close to employment centers, as is the case here. For all of the above reasons, the proposed amendment
complies with Goal 10.
Goa111(Public Facilities and Services). The City's comprehensive plan and land use regulations have
been acknowledged to be in compliance with the Statewide Planning Goals, including Goal 11. Goal 11
requires the City to plan and develop timely, orderly, and efficient public facilities and services to serve as
a framework for urban and rural development. The proposed redesignation of the site from I-L to R-25 is
consistent with the City's plan to develop timely, orderly, and efficient public facilities and services,
because it will extend wall Street into the site as shown in the City's existing TSP and will ensure that
other needed public facilities and services are provided concurrent with development of the site. Goal 11
will therefore be met.
Goa112 (Transportation). The City's comprehensive plan and land use regulations have been
acknowledged to be in compliance with the Statewide Planning Goals, including Goal 12. Goal 12
requires the City to provide and encourage a safe, convenient, and economic transportation system. The proposed redesignation of the site from I-L to R-25 is consistent with Goal 12
because the number of
permitted peak hour trips will be limited to the number of trips permitted by the existing I-L zone,
because of the trip-cap imposed as a condition of approval. Furthermore, because the R-25 zone will
produce less truck traffic than the I-L zone, the redesignation will reduce potential conflicts between
trucks, cars, pedestrians, and bikes along wall Street and in the surrounding neighborhood. As discussed
above, under Policy 8.1.4, because the proposed redesignation will not significantly affect any
transportation facilities the provisions of OAR 660-012-0060 have been met. Overall, the relevant
provisions of Goal 12 have therefore been met.
SECTION VI. COMPLIANCE WITH THE RELEVANT METRO FUNCTIONAL
PLAN TITLES
Metro Title 1 (Requirements for Housing and Employment Accommodation). Metro Title 1
requires the city to determine its capacity for housing and employment and to continue to provide at least
the job capacity specified in Metro Table 3.07-1. (Table 1.) The city's job capacity in Table 1 is 17,801.
with regard to Metro Title 1 and Table 1, Tim O'Brien, AICP, Principal Regional Planner with Metro,
testified that:
"The City of Tigard was deemed in compliance with Title 1 in 1999. The Title 1 job
capacity level is not differentiated between types of jobs. Thus, as long as Tigard's job capacity is not below the level indicated in Title 1, Table 1 (17,801) as a result of this
application, there is no conflict with Functional Plan Title 1." (See O'Brien letter of
February 24, 2009, to City of Tigard, in reference to this application, included in the record
of this case.)
Council agrees with Mr. O'Brien's testimony and further finds that rezoning this site from IL to R-25 will
not cause the city fall below the 17,801 job capacity level specified in Table 1. As explained extensively
above, this site has become unsuitable for industrial use. For over 30 years, this site has been zoned for
CITY COUNCIL FINDINGS PAGE 210F 24
PDXDOCS:1840008.2 196080-0005
- -
industrial use. During that time, the site has not developed and has not generated any jobs. Because
development constraints have made the site unsuitable for industrial use, the IL zone limits the site's
ability to contribute to the city's job capacity. Because the site is unsuitable for industrial use, Council
finds that it will not contribute to the city's job capacity so long as it is zoned for industrial use.
On the other hand, because uses allowed in the R-25 zone allow the site to be developed in a more
flexible way, the R-25 zone enhances the site's ability to contribute to the city's job capacity. The R-25
district is amixed-use zone that allows medium density housing and a limited amount of neighborhood
commercial use, along with a wide range of civic and institutional uses, such as schools, colleges, public
support facilities, and medical centers. As previously discussed, wetlands, sensitive lands, and other
development constraints have made the site unsuitable for industrial development. Evidence in the record
indicates, however, that uses allowed in the R-25 zone, such as medium-density residential dwellings,
neighborhood commercial, and civic and institutional uses can be developed on this site in a more flexible
way than industrial uses could be. For example, there is substantial evidence in the record indicating that
industrial uses tend to need larger building footprints, larger parking areas, larger outdoor storage and
maneuvering areas, and better visibility and access than residential, civic, and institutional uses do.
Council notes that other sites located nearby along Fanno Creek have already developed for civic and
institutional uses and medium-density housing, such as city hall, the library, various public support
facilities, and a nearby condominium project. The R-25 designation on this site enhances the site's ability
to contribute to the city's job capacity, because the uses allowed in this zone can be developed in a more
flexible way that better respond to the development constraints presented by this site. Council finds that
the uses allowed in the R-25 zone will therefore enhance the site's ability to contribute to the city's job capacity.
Council also finds Title 1's job capacity level does not differentiate between job types. As Mr. O'Brien
pointed out in his letter referenced above, "The Title 1 job capacity level is not differentiated between
types of jobs." Council agrees and further finds that the Title 1 job capacity level is expressed as city-wide
number, not asite-specific number. Even if the job capacity level in Title 1, Table 1 could be interpreted
to be site-specific, Council finds that changing the zoning from IL to R-25 on this particular site will not
affect the ability of the city to meet its job capacity level in Table 1, because both zones allow uses that
create jobs, and neither the IL zone nor the R-25 zone require that a minimum, maximum, or a specific
number of jobs be created by uses allowed in those zones. As explained above, uses allowed in the R-25
zone allow the site to developed in a more flexible way, thereby enhancing the site's ability to contribute to
the city's job capacity.
Finally, Council notes that in Ms. Caines' memo to Council dated February 24, she indicates that in 1999,
Metro determined that Tigard was in compliance with its Title 1 job capacity level of 17,801 jobs by 2017.
Ms. Caines also stated in her memo that according to Tigard Periodic Review Evaluation performed in
January 2009, Tigard added approximately 3,800 new jobs between 1997 and 2004. Ms. Caines stated that
if that rate of growth continues, Tigard will not meet its assigned job capacity by 2017. Council finds that
although the overall number of jobs added between 1997 and 2004 is not on par with the rate needed for
the City to reach its assigned job capacity by 2017, the evidence in the record indicates that redesignating
this particular site from I-L to R-25 does not cause the City to lose job capacity, nor will this redesignation
cause the City to not meet its assigned job capacity by 2017. As indicated above, this particular site has
become unsuitable for industrial use, and therefore does not contribute to the City's job capacity as it is
zoned now. The proposed R-25 mixed-use designation, on the other hand, allows a wide range of civic
and institutional uses along with a limited amount of neighborhood commercial uses, in addition to medium-density residential development. The mixed-use R-25 zone will therefore contribute
to the City's
job capacity. Because this application will not reduce the City's job capacity level and will not cause the
CITY COUNCIL FINDINGS PAGE 22 OF 24
PDXDOCS:1840008.2 196080-0005
- -
City to not meet its assigned job capacity by 2017, this application is therefore not in conflict with, and is
consistent with, Title 1 of the Metro Functional Plan. Title 1 is therefore met.
Metro Title 3 (Water Quality and Flood Management). Metro Title 3 regulates water quality and
flood management. The City's land use regulations and comprehensive plan already comply with Metro
Title 3. Any development proposed will be required to comply with all applicable city, Metro, CWS, state,
and federal water quality and flood management regulations, regardless of whether the site is zoned I-L or
R-25. Title 3 is therefore met.
Metro Title 4 (Industrial and Other Employment Areas). Title 4 protects areas designated as
industrial and employment areas on Metro's Employment and Industrial Areas map. This site is
designated as an employment area on Metro's Employment and Industrial Areas map. In this proposed
redesignation of the site from I-L to R-25, the City is not allowing any uses that are not allowed by Title 4
in employment-designated areas. As Metro planner Tim O'Brien stated in his February 24, 2009, letter:
"Title 4 does not prohibit residential uses on Title 4 designated lands, thus a proposal to
change the zoning of this employment-designated land to residential use is not in conflict
with Title 4 of the Functional Plan."
Council agrees and further finds that because the city's R-25 zone provides opportunities for employment on the site, including a wide range of civic and institutional uses and a limited
amount of neighborhood
commercial use, in addition to medium-density residential use, the R-25 designation is consistent with the
parcels' employment designation under Title 4, because housing is allowed on Metro Title 4 employment
lands, as are civic, institutional, and neighborhood commercial uses. In order to further ensure
compliance with Metro Title 4, a condition of approval has been added to ensure that the Metro
designation for the site and the City's designation of the site remain consistent. Title 4 is therefore met.
Metro Title 7 (Housing Choice). Metro Title 7 calls for the establishment of voluntary affordable
housing goals and for local governments to ensure that their plans and implementing regulations provide
for a diverse range of housing types within the city. This city's plan and zoning code already comply with
Title 7. As discussed throughout this decision, the redesignation of this site to R-25 will increase
opportunities within the City for workforce housing that would be located close to downtown, close to
transit, and close to nearby employment centers. There is a demonstrated need within the City for
workforce housing opportunities. This site provides an important opportunity for workforce housing to
be built in a location that would significantly contribute to the synergy of the area, in a way that industrial
use could not. For these reasons, this redesignation is consistent with Metro Title 7. Metro Title 7 is
therefore met.
SECTION VII. CONCLUSION
Based on the above-mentioned findings and conclusions and the testimony and evidence in the record,
City Council concludes that the proposed comprehensive plan and zoning map amendment complies with all of the relevant approval criteria and is therefore APPROVED, subject to the following
conditions:
1. Development of this site shall be subject to a PM peak hour trip cap of 352 trips, as proposed by
DLCD and agreed to by the applicant.
2. Metro has indicated, and the City has found, that Metro Title 4 does not prohibit residential uses
on Title 4 designated employment lands, and that this action to change the zoning of Metro designated
CITY COUNCIL FINDINGS PAGE 23 OF 24
PDXDOCS:1840008.2 196080-0005
- -
employment land to a residential mixed-use zone (R-25) complies with Title 4 of the Metro Growth
Management Functional Plan. In order to further ensure compliance with Metro's Functional Plan, if
lawfully required by Metro within 30 days after this decision becomes final, the applicant shall request that
Metro's Employment and Industrial Area Map be revised to conform with this decision.
CITY COUNCIL FINDINGS PAGE 24 OF 24
PDXDOCS:1840008.2 196080-0005
- -
~
~ - - i
~Q e~ 4
y~ ~yyy~ _
f" D F,1~I~,1 JJ _ ~ lA-~JIIIAI
~~IY~7 ~ ~ ~ I7
A ~ z ~ ~ ~
~I .--L - j
.
I
k T a
0 ~
. ~
4~4 4 ~ '
~ I
T 4~
i
~
~ •
~ ~ ~ -
~ ~ ~ I ~ I I . r.l ~ ~
~ ~ ~ 3 n
• war , a
4 M + ~ A ~ .S